The Economic Community of West African States (ECOWAS) has stated that it is considering imposing sanctions, including suspension, on member countries that violate Community Court of Justice rulings.
According to the regional body, the move is motivated by the fact that defying the community court’s ruling is a violation of the “Community Texts,” as well as a disruption of democratic processes.
On Thursday, a judge of the court, Justice Dupe Atoki, told the News Agency of Nigeria (NAN) in Lome, Republic of Togo, that the need for sanctions had become necessary due to the impunity of state disobedience.
Atoke, who moderated a session on sanctions for dissident member states at the International Conference commemorating the court’s 20th anniversary, explained that some member states’ actions were capable of undermining the court’s authority.
She noted that, while the provision for sanction for violation of the court’s order remained ambiguous, the fact that it was a violation of the community texts in and of itself makes the sanctions on the texts applicable.
“The sanctions are vague, and this is where the problem lies, because the protocol has not been developed to be specific about what sanctions can be meted out to member states that do not respect the court’s decisions.”
“However, there is a general provision for sanctions to be imposed on members who fail to fulfill their obligations as outlined in the community texts.”
“To that end, we believe that enforcing the court’s decision falls within that context.”
“Member states’ first obligation is to respect and promote human rights.”
“So, because the court was established to promote this right, it follows that if you do not comply with the court’s decision, you have failed in your obligation to fulfill the provisions of the community texts, and there are sanctions to that effect,” she explained.
Atoki went on to say that one of the obligations of member states was to follow democratic processes.
“That is why any attempt to undermine the democratic process is met with sanctions.”
“This has resulted in the situations in Mali and Guinea.” This is one of the responsibilities listed alongside the protection of human rights.
“So, we can deduce from our own deduce that failure to implement the court’s decision is also a violation of the fulfillment of the obligations of the texts, which attract sanctions, including suspension,” she said.
The judge, however, clarified that the regional body had yet to reach the point where member states regarded non-compliance with court rulings as a breach of the obligations of the Community Texts.
She went on to say that it was not the court’s role to impose sanctions, but that the onus was on member states to do so.
According to her, the court’s role ends when it renders a decision on a specific matter.
“There is no doubt that the court faces difficulties in enforcing its decisions, but this is not the court’s fault.”
“The court’s job is to hear cases of complaints of violations of human rights and render a decision; that is the extent of its authority.”
“The member states are in charge of the other arm of implementation,” Atoke explained.
According to NAN, other conference speakers agreed that an agreeable sanction was required to compel member states to obey the court’s ruling.
Since the court’s inception 20 years ago, member states have implemented less than half of its judgments, with Nigeria and Ghana among the defaulting countries.