The Economic Community of West African States (ECOWAS) says
it is contemplating imposing sanctions, including suspension of member
countries that flout rulings of the Community Court of Justice.
The move, the regional body says, stems from the fact that flouting
the community court’s ruling was against the dictates of the “Community Texts’’
and which also equates to disruption of democratic processes.
A judge of the court, Justice Dupe Atoki told the News
Agency of Nigeria (NAN) in Lome, Republic of Togo, on Thursday, that the need
for sanctions had become necessary in view of the impunity of disobedience by
states.
Atoke, who moderated a session on sanctions for dissident
member states at the International Conference to mark the 20th anniversary of
the court, explained that the actions of some member states were capable of
undermining the court’s authority.
She noted that although the provision for sanction for
violation of the court’s order was still vague, the fact that it was in itself
a violation of the community texts makes the sanctions on the texts applicable.
“The sanctions are vague and that is where the problem is
because the protocol has not really come up to be precise about what sanctions
can be meted to member states that do not respect the decisions of the court.
“But there is a general provision for sanctions to be given
against members who do not fulfill their obligations as indicated in the
community texts.
“To that purpose, we believe that implementation of the
judgment of the court is within that context.
“The first obligation of member states is respect and
promotion of human rights.
“So when the court was set up to promote this right, then it
follows that if you fail to comply with the decision of the court, you have
failed in your obligation to fulfill the provisions of the community texts and
there are sanctions to that effect,” she said.
Atoki further explained that also among the obligations of
member states was compliance with the democratic process.
“That is why you find that any attempt to derail the
democratic process is met with sanctions.
“This has led to the situation in Mali and in Guinea. That
is one of the obligations listed together with the protection of human rights.
“So, we can, from our own, deduce that failure to implement
the decision of the court is also a violation of the fulfillment of the
obligation of the texts which attract sanctions which can include suspension,”
she said.
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