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Conference Programme

Article 4(h) @ 10:
Ending Mass Atrocities in Africa?

Senate Hall, Conference Centre, University of Pretoria
6-7 December 2012

The Centre for Human Rights in collaboration with the Department of Political Sciences, University of Pretoria will host a Conference from 6-7 December 2012 in Pretoria, to provide an opportunity for academics, judges, practitioners, policy makers, military personnel, government officials and other commentators to consider legal, procedural and practical challenges in the implementation of Article 4(h). The Conference will provide a forum for important issues to be addressed through evidence-based research and policy debate.  The main issue for discussion at the Conference will be how to prevent and end mass atrocity crimes in Africa? 

 

end_atrocities_2

As such, the over–arching theme of the Conference is ‘Article 4(h) @ 10: Ending Mass Atrocities in Africa? The Conference will also facilitate a debate to draw a “Statement on the Role of Article 4(h) in Ending Mass Atrocities in Africa.” The idea of “Pretoria Principles” is to providing actionable guidelines to governments, R2P focal points and practitioners on operationalizing R2P, in general, and particularly on preventing atrocities, compliance with international human rights and humanitarian law instruments, cooperation with international human rights institutions and the international criminal court.

The tentative agenda of the Conference is as follows:

Programme

Thursday 6 December 2012
08:00 - 08:30 Arrival and registration
08:30 - 09:30 Opening session
08:30 - 08:45  

Chair: Professor André Boraine
Dean, Faculty of Law, University of Pretoria

Welcome remarks

  • Professor Stephanie Burton
    Vice Principal, University of Pretoria
  • Ambassador Ms Kari Bjørnsgaard
    Ambassador, Royal Norwegian Embassy in Pretoria
  • Professor Frans Viljoen
    Director, Centre for Human Rights, University of Pretoria
08:45 - 09:30 Key Note Address: Whither Article 4(h)?
Justice Richard Goldstone

Former chief prosecutor of the United Nations International Criminal Tribunal for the former Yugoslavia and Rwanda, South Africa
1. LAW AND POLICY
09:30 - 10:30 Session 1A - Conceptual issues

Chair: Professor Erika de Wet
Co-Director of the Institute for International and Comparative Law Africa and Professor of International Law, University of Pretoria

Panelists:

  • Mr Bright Mando
    Legal Officer, Office of the Legal Counsel, African Union
    'The background, rationale and aim of Article 4(h) and its proposed amendment'
  • Professor Ademola Abass
    Head of Program and Research Fellow, United Nations University
    'The role of the UN Security Council in authorizing Article 4(h) intervention'
10:30 - 11:00 Tea break
11:00 - 13:00

Session 1 (continued)

Panelists:

  • Professor Francis Kofi Abiew
    Department of Political Science, Kwantlen Polytechnic University, Canada
    'The nature of the decision by the AU Assembly and the role of the AU Peace and Security Council in deciding on Article 4(h) intervention'
  • Dr  Chacha Bhoke Murungu
    Senior Lecturer, University of Dodoma
    'The nature of the violations that trigger Article 4(h) violations'
13:00 - 14:00 Lunch
14:00 - 16:30

Session 1B - Institutional perspectives

Chair: Professor Christof Heyns
Professor of Human Rights Law, Co-director, Institute for International and Comparative Law in Africa, University of Pretoria and United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions

Panelists:

  • Dr Tim Murithi
    Head of Programme, the Institute for Justice and Reconciliation, Cape Town
    'The role of the African Peace and Security Architecture in the implementation of Article 4(h)'
  • Mr Charles Mwawura
    Head, Continental Early Warning System, African Union Commission
    'The role of the African Continental Early Warning System in preventing mass atrocities'
  • Professor Michelo Hansungule
    Professor of International Human Rights Law, Centre for Human Rights, University of Pretoria
    'The role of the African Human Rights System in preventing mass atrocities'
  • Professor Kithure Kindiki
    Head of the Department of Public Law, and Senior Lecturer of International Law, School of Law, University of Nairobi

    'The role of civil society in the implementation of Article 4(h)'

 

Friday 7 December 2012
PRACTICE
08:30 - 11:00

Session 2A - African practice and lessons learnt

Chair: Professor Sandy Africa
Director, Institute for Strategic and Political Affairs, Department of Political Sciences, University of Pretoria

Panelists:

  • Ms Florence Iheme
    Director, Early Warning Directorate, Observation Monitoring Centre, Office of the Commissioner, Political Affairs, Peace and Security, ECOWAS
    'Lessons from ECOWAS for applying Article 4(h)'
  • Maj Gen Fred Mugisha
    Chief of Staff, Uganda Peoples’ Defence Force, Uganda; Former Force Commander, AMISOM, Somalia
    'The role of multilateral intervention in peace and security: a case study of Somalia'
  • Dr Noel M. Morada
    Director, Regional Diplomacy and Capacity Building, Asia Pacific Centre for R2P, University of Queensland St. Lucia, Australia
    'Responsibility while protecting: challenges and constraints in ensuring accountability in implementing pillar 3 of R2P'
  • Mr  Martin Kunschak
    Referent at Bayerischen Landtag, Germany
    'African Solutions to African Problems?' 
11:00 - 11:15 Tea break
11:15 - 13:30

Session 2a
a. Operationalization

Chair: Dr Jakkie Cilliers
Executive Director of the Institute for Security Studies; Extraordinary Professor, Department of Political Sciences; and Extraordinary Professor, Centre for Human Rights, University of Pretoria

Panelists:

  • Ms Susan Nelson
    Head of Research Programme, Training for Peace, Directorate of Research, Kofi Annan International Peace Training Centre

    'The African Standby Force and the implementation of Article 4(h) intervention'
  • Professor Frank Chalk
    Professor  of History and Director of the Montreal Institute for Genocide and Human Rights Studies, Concordia University, Canada
    'How to mobilize the political will to intervene'
  • General Henry Odillo
    Commander, Malawi Defence Force, Malawi
    'Building collective responses to stop mass atrocities in Africa'
  • Ms Rachel Gerber
    Program Officer for Protection Programming, Stanley Foundation
    'Opportunites to Advance State Protection Capacity'
13:30 - 14:30 Lunch
14:30 -16:30

Wrap-up session: How to Move from Promise to Practice

Chair: Ms Nolusese Dwabayo
National Office for Coordination of Peace Mission (NOCPM), Department of International Relations and Co-operation, South Africa

Discussants:

  • Professor Jeremy I. Levitt
    Associate Dean for International Programs and Distinguished Professorof International Law, Florida A & M University College of Law, United States
    'How can the AU move from promise to practice?'
  • Ms Naomi Kikoler
    Director of Policy and Advocacy, Global Center for Responsibility to Protect, New York
    'The role of India, Brazil and South Africa (IBSA) and the UN Security Council in the implementation of Article 4(h) and R2P' 
  • Amb Jan F. Mutton
    Research Associate, Department of Political Sciences, University of Pretoria
    'Article 4(h) and the citizen’s right to be protected'
  • Professor Brian Lepard
    Alumni Professor of Law, University of Nebraska, College of Law
    'Philosophical and ethical perspectives on Article  4(h)'
  •  Ms  Jane Connors
    Office of the High Commissioner on Human Rights, Geneva
    'The interaction between international criminal justice and the special procedures of the Human Rights Council'
16:30 - 17:00

Convener/Rapporteur: Lt Col (Dr) Dan Kuwali
Post Doctoral Fellow, Centre for Human Rights, University of Pretoria
'Statement/Communiqué on the role of Article 4(h) in ending mass atrocities in Africa'

17:00 - 17:15 Closing remarks: Professor Frans Viljoen
Director, Centre for Human Rights,
University of Pretoria
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