African leaders should use their lawyers

Many African countries achieved their independence about 50 years ago on average, but are still far from adopting many of the international laws and legal regulations.

STAFF WRITER DANIEL SEMBERYA did an exclusive interview with Judge Abdulqawi Yusuf, the Vice-President of the International Court of Justice (ICJ), who explains why African lawyers need to advise their governments before entering into international agreements or contracts. Excerpts…

QUESTION: It is argued that many African lawyers fail to properly advise their governments when entering international treaties or contracts. What are your comments?

A: This is actually one of the basic missions, fundamental missions of the institution, because of the major short comings in the African dealings with the outside world is the weakness of the agreements, contracts that they enter with other governments, and foreign companies. The weakness here is the arrangements that they make with foreign investors.

And this weakness is not in the interest of the African states-they actually work against their own interests. Therefore as you said disputes are sometimes the relationship between government, foreign investor, and corporations-they generate into a dispute.

And how do you avoid those disputes-it is by writing viable, good, solid contracts. So, we need to train the African lawyers who would properly advise their governments in the laws of contract concerning, for example; the oil, mining and natural resources sectors in general.

And when disputes arise then what you need is people who are knowledgeable about the methods and procedures for the settlement of disputes. And who can also defend the interests of their governments before the international forum, International Court of Arbitration or other arbitrary tribunals-where disputes between government, investors and corporations are dealt with.

Q: What should our leaders do to address terrorism which is becoming a global challenge?

A: Well, I think that the East African region and Africa in general need to consolidate their institutions; create and build stronger institutions in all sectors. And these states of the East African region as well as the African States in general can coordinate among themselves using those institutions. And ensure an effective coordination of their efforts.

I am quite sure they will achieve better results as far as peace and security is concerned. And I think that has started and the African Union (AU) doing its best now to ensure peace and to undertake peace missions are allover the continent. And I think these efforts will continue to bear fruits in the future.

Q: Lack of peace and security pose great challenge to the international community-what doing you think should be the lasting solution to these challenges?

A: Well, you know much has already been done because we may complain about conflicts and violence-we would like to see a total elimination and end of violence and conflicts.

But if you compare this period to the previous one and to what happened during the 1st and 2nd World Wars-I think much has been done-thanks to the post war institutions. Basically the UN System-The Charter of the UN, which bans the use of force among the states.

Now the main problem of conflicts within countries especially fragile and vulnerable countries are in Africa, for example. And I think that with state building with consolidation of state within Africa, and with democratisation-these issues will also be addressed in future.

So, I am quite confidence that with the institutions that have been established in Africa-the AU, the sub region organisations like the East Africa Community (EAC), ECOWAS, SADC; and the Horn of Africa they are playing a very important role in the area of peace and security. And I think with the consolidation of these institutions much progress will also be achieved.

Q: What is your advice to African States in maintaining and keeping peace and security in their own states?

A: I Think I have already given you my advice to our African leaders. I come also from a conflicting prone country-Somalia. You know I am a Somalian. So, I believed that what a country like Somalia needs is institution building. What is happening of the civil wars in Somalia was the collapse of all the State institutions.

And now what the Somali people need is to restore those institutions, so as to restore the state. And if they can succeed to build the state institutions again, I think they will be able to establish peace and security in their country. Build, institutions, strong institutions and democratise the system of governance, which protects and recognizes human rights-that is very important.