Is the ICC for African leaders only?

I must confess my admiration for Ngũgĩ wa Thiong’o has soared since his recent visit to Zambia. I have been a longtime admirer of Ngũgĩ since I first read his book The River between. Then, I read Weep Not, Child, which brought so many emotions out of me. I don’t remember a book, other than Mine Boy, making me so emotive almost to a point of shading tears like the way Weep not, child did.

So there I was on 15^th September 2013, my eyes fixated on the Television set in front of me and there was no mistaking how heavily captivated to what was going on in front of me I was. The fact that I missed professor wa Thiong’o’s earlier lecture at Taj Pamodzi Hotel on the theme; 'Language of Justice in Africa", made this particular TV interview all the more important. It was some kind of consolation.

Ngugi was advocating the use, and appreciation of local African languages. Giving local languages enough prominence, such as even write books in our languages, after all he has shown us the way by moving from English to Kikuyu in his more recent works of literature. “Are you being fair to the new African writers?” “You only switched to kikuyu after you had gained prominence in English,” The moderator quizzed him. He was clear in his answer. He has also been schooled by the same colonial powers that subliminally taught us that English was the only language to use. Students that spoke ‘vernacular’ within school premises were punished for it. What crime is there in speaking your own language?

I don’t know how true this is in his native Kenya, but this is the biggest problem in the Zambian middle class society today. We have children that do not speak any of our mother tongues. The case in point is a Facebook post, that has made rounds the past week; Ati some people when you visit their homes and you greet the children in Bemba, they will tell you "He can't understand you unless you greet him in English." But funny enough the same child can't even speak any decent English; all you hear is "Give me that kama book." "Mummy he is starting me", "I will pepeka you", lol.

It is my long held belief that a child must be fluent in any of his/her parents’ language. Yours truly was brought up to learn Silozi first, and then any other language I learned along the way would be for my benefit. I had to learn how to speak and write Silozi fluently then I learned English, Nyanja and also picked up on Bemba, Tonga and a lot of other local languages which even though not fluent, I can communicate effectively. In my late teens, I tried learning Spanish though I never went too far. This is empowerment according to Ngũgĩ, and I agree totally.

This is what my mother had taught me many years ago. The same message was emphasized by my brother in law who I lived with during some of the most important years of my growing up process, as the period is crucial for personality development. It may not be scientifically proven, but it is my held opinion that a person’s personality is highly shaped by their experiences between the ages of 8 and 18. My brother in law then was teaching English language and literature in English at St John’s secondary school and listening to Ngũgĩ now, it almost chronicles upon me that they were cut from the same cloth.  

Ngũgĩ wa Thiong’o,
currently Distinguished Professor of English and comparative Literature at the University of California

On ICC

Listening to Ngũgĩ, I couldn't stop asking myself why I have only read three books of this great son of Africa. He speaks as intelligently as he writes, which is something very rare in most writers. I’d been expecting someone so nondescript and practically invisible, but Ngũgĩ is a personality whose presence (even just on TV) brings the kind of exuberance and smudges close to the over used phrase, ‘butterflies in my stomach’.

However as the interview went on, he touched one issue that in my opinion he got wrong. When asked of his opinion about the International Criminal Court ICC, Ngũgĩ wa Thiong’o gave an answer that was almost a repetition of the propaganda that has been coming from some politicians in his native Kenya and the African Union leaders. "The ICC only targets African leaders," he seemed to be suggesting. A few days before, Zambian minister of justice Wynter Kabimba(coincidentally one of the people asked to say a ‘few word’ at Ngũgĩ’s lecture at Pamodzi) was quoted by Hot fm radio saying something in the same line. Mr. Kabimba also went as far as supporting the proposed move by the Kenyan parliament to move a motion of withdrawing membership from the ICC.

I don’t think so!

I can understand the reasons why African politicians have taken to this school of thought, which wants to make everyone believe the ICC is only prosecuting Africans. Politicians always have skeletons in the closet they wish to keep away from everybody. Very few African politicians have a grain of morality and integrity regarding how they govern the people. Ngũgĩ’s Support or endorsement of this school of thought will give it prominence. He is an outsider who stands to gain nothing from it and his stature in society will rubber stamp the belief that the ICC is targeting only Africans.

However, I will not question Ngũgĩ on this one as a TV interview answer is not necessarily a well thought answer. It is devoid of any analytical thought. The argument that the ICC unjustly targets only African states and individuals is mostly based on misperception and has become a rhetorical tool of political elites to undermine the Court. The calls from a recent AU Summit in Ethiopia for the ICC to drop charges against Kenyan president Uhuru Kenyatta and his deputy William Ruto, is a quest to advance impunity. Even before the ICC was formed a lot of other cases were heard at The Hague including those of European countries like Yugoslavia, Serbia, Montenegro and others. Have we all of a sudden forgotten about Slobodan Milosevic?

The world today is far better off than it was in 1990 or 2000. Leaders the world over know that they cannot preside over mass killings without being indicted by the ICC. Victims of atrocious crimes now have the possibility of receiving justice by having those who bear the greatest responsibility in criminal planning or incitement brought to account. Even with the presence of the ICC, African leaders still commit atrocities with impunity. It is just recently when a group of overzealous youths in Mongu were fired at by Police and lives lost. The crime they committed was going to assemble for a meeting that was not sanctioned by Police. What happened to tear gas canisters? Did they all run out?

The Mongu shooting may not have attracted international headlines, but we all remember the Marikana mine shooting in South Africa where more than 34 striking mine workers were killed. One of the commanders later confirmed to say everything went according to the plan for the police! 
(http://www.news24.com/SouthAfrica/News/Marikana-shooting-went-as-planned-video-20131003) What a shame! I wonder when he will be indicted by the ICC.

 

Industrial Dispute Solution!
Police shot dead 34 striking miners and injuring several

What the African leaders and the AU should be advocating for is that ‘powerful’ states like Israel and the United States of America who have refused to sign the Roman Statute, (potentially shielding leaders like George W Bush from prosecution for war crimes and crimes against humanity) to sign and be party. As it stands, those countries that are part of the ICC signed on their own accord and must thus respect human rights accordingly.

Why should people escape justice simply because they are members of a club called African Union? Why should leaders use the AU to prolong impunity? Yet hapless bus drivers are sent to jail for contravening, and stealing a chicken still lands many behind bars, convicted often before a single judge. African leaders are now discrediting the ICC because one of them (President Kenyatta and Deputy President William Ruto of Kenya) are now facing charges at the court. Why didn’t they object when Charles Tailor, Jean Pierrre Bemba and others were indicted?  

I am sure if Ngũgĩ was asked again, he would not support this myopic school of thought. After all he himself is a victim of state brutality orchestrated by the Daniel Arap Moi regime leading to him leaving his native Kenya to live in Exile first in Britain and then in the USA.