On听9th听December听the world marks the International Day of Commemoration and Dignity of the victims of the Crime of Genocide and of the Prevention of Genocide. It is now 74 years since the world committed to prevent genocide. Africa Renewal鈥檚听Zipporah Musau听interviewed the UN Special Adviser on the Prevention of Genocide,听Alice Wairimu Nderitu, on the importance of this day and the progress made in preventing genocide, as well as the use of sports to fight hate speech and champion the prevention of genocide and other hate crimes. Here are the excerpts:
Africa Renewal:听Why is this day important in today鈥檚 world?
Ms. Nderitu:听Today (9th December) we mark the 74th anniversary of the Convention on the prevention and punishment of the crime of genocide. The day itself was named the听International Day of Commemoration and Dignity of the Victims of the Crime of Genocide, and of the Prevention of Genocide. It was put in place as a day of reflection and remembrance of all the victims of this crime.听
On this day the world committed to its very first convention, whose Article I says that the contracting parties confirm that genocide 鈥� whether committed in time of peace, or in time of war - is a crime under international law, which they undertake to prevent, and to punish.听
So, it's a day when we remind UN Member States of this promise that they made to themselves and to the world.听
We remind them in Article II in the present Convention, genocide means听听any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:听
- Killing members of the group听
- Causing serious bodily or mental harm to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.听
- Imposing measures intended to prevent births within the group.
- Forcibly transferring children of the group to another group.
And听Article III:听The following acts shall be punishable:听
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide.听
(d) Attempt to commit genocide.听
(e) Complicity in genocide.
We know ethnic and religiously motivated attacks have continued in many places around the world. Member states need to assist, protect and support victims, and prevent new genocides from happening, and to support processes of investigation and prosecution of those who have planned the crime of genocide -- what is considered as the worst crime against human beings.听
The Convention continues to be the key guidance for the UN not only the work of my office, but also the aspirations of the UN.听
Every December 9th听the UN Secretary-General, the President of the UN General Assembly, and myself, assemble together with Member States and other stakeholders, and speak about this day and its significance.听
Often, on this and other days, the Secretary-General emphasizes that the prevention of atrocity crimes is one of the UN's most sacred callings.听
So, it is important, 74 years after the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide, that we keep reminding ourselves that despite the significant progress we've made in understanding risk factors, indicators, and early warning signs, we are still very far from being in a position where we can say that this horrific crime is now relegated to history books.
What are some of these early warning signs that we may need to look out for?
We look out for gross human rights violations; structural discrimination against certain groups and intergroups, or attacks against civilian populations.听听
We also look out for outbreaks of violence; long-standing structural discrimination; deep economic inequalities, social exclusion; and shrinking democratic and civic spaces.听
74 years after its adoption, how many countries have ratified the Genocide Convention?
So far, we have 153 countries (out of 193 UN member states) that have ratified the Genocide Convention, which really speaks to how important this is.
41 countries have not ratified the convention. Out of the countries that have not ratified, 18 are from Africa, 17 from Asia and 6 from the Americas.
We have conducted several initiatives to have more countries ratify, including an appeal a while ago for countries to come on board, out of which three countries ratified the Convention. The last ratification had been Mauritius in 2019.听
However, I was extremely happy this year when Zambia ratified the Convention in July 2022.听Many more countries are planning to ratify. It鈥檚 a process that takes time
How many African countries have not ratified the Convention?
We still have 18 countries from Africa that have not ratified.听
My office will continue to encourage countries to ratify and to domesticate the Genocide Convention, as well as other important legal frameworks that could prevent atrocity crimes.听
What Zambia has done is extremely important, and next year we shall be in the capital city, Lusaka, to celebrate this ratification by launching the Zambian National Committee听Prevention and Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and all Forms of Discrimination.
Let me expound about National Committees. Member States of the听of Africa听(ICGLR), of which Zambia is a member, have听a protocol听for the prevention of the crime of genocide, war crimes, and crimes against humanity and all forms of discrimination.听
This is in accordance with the ICGLR Pact on Security, Stability and Development based on recognition that political instability and conflicts have a regional dimension and require concerted efforts on sustainable peace and development.听
Under the Protocol, Member States are required to domesticate and enforce its provisions by putting in place laws that will prevent and punish genocide, war crimes and crimes against humanity; measures that will eliminate discrimination; teach and encourage tolerance among national, racial, and ethnic groups; combat impunity and extradite criminals.听
In addition, the ICGLR Protocol mandates each Member State to establish a National Committee听for the Prevention and Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and all Forms of Discrimination.
In addition to ratification, Zambia has joined other ICGLR Member States in setting up such a National Committee.听An ICGLR Regional Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes and Crimes against Humanity and all Forms of Discrimination also exists. 听
My office has worked closely with these National Committees, supporting them in implementing their mandates.听听
Zambia is therefore setting a very good example to the rest of the world and to Africa.听
It's been difficult to get regional bodies worldwide to do what the ICGLR has done in Africa, in terms of setting up this protocol for all its member states 鈥� that include听Angola, Burundi, Central African Republic, Republic of Congo, Democratic Republic of the Congo, Kenya, Uganda, Rwanda, South Sudan, Sudan, Tanzania and Zambia.听It鈥檚 a major move.
I encourage other regional bodies to take up similar initiatives.听
What is your office doing to make sure that all countries are on board?
I speak about the Genocide Convention to all countries. To those that have ratified, I encourage them to domesticate it. If they have already domesticated it, then I ask if there is any more support we can offer.听听
Several initiatives have been conducted by my Office, including writing letters and holding bilateral meetings with the permanent missions in New York with some of the countries that haven鈥檛 ratified the convention; engagement with regional bodies such as the African Union and requesting their support for ratification; a dedicated page on the Office of the Special Adviser on the Prevention of Genocide (OSAPG)听Website听for the Convention, as wells as creating a听Fact Sheet听on the Genocide Convention.听
The Genocide Convention has also featured in the annual Office of the Legal Adviser (OLA) treaty event.听
What is the reason some countries are yet to ratify the Convention on Genocide?听
There are several reasons that are given. Some countries say they are not aware that they hadn't ratified, while some say that they consider it enough to have ratified the Rome Statute [on the establishment of the International Criminal Court].听
Yet other countries see ratification as a long process that听requires sustained commitment, and sometimes indicate lack of political support.听听
Some also express concern over possible financial requirements that might come from ratification. Some note that they have other priorities such as climate change is the priority and that it might be difficult to gain momentum for an old treaty on this topic.听
Some countries express concern that once you ratify, then domestication requires financial resources that they may not have. Others say they have other priorities.听
This year,听听9th听December is dedicated to the听role of sports in countering hate speech and championing the prevention of genocide. What activities have you put in place?听
At the UN Headquarters in New York convening with the UN Secretary-General, the President of the UN General Assembly, me as the host, and all the 193 member states, we have speakers representing all the five regions of the world -听Africa; Asia; Europe; Latin America and the Caribbean; and the Americas.
We will also launch a听Plan of Action to Counter Hate Speech through engagement with Sports听鈥� dubbed the GAME PLAN on 9th听December.听
Sport is a great tool for positive messaging听for promoting social inclusion and cohesion.听
Sports help to reduce stereotypes, sports connect people听through a common experience and the end goal. We also have very specific instances, for example, of people who have been involved in hateful rhetoric and hate crimes, and they are avid followers of sports teams.听
- October 2021, I represented the Secretary General听in my capacity as United Nations Special Adviser on the Prevention of Genocide and UN Focal Point on Hate Speech,听as keynote speaker at听The Eradicate Hate Global Summitfounded by Pittsburgh, Pennsylvania community leaders.听
On October 27, 2018, Pittsburgh had witnessed the deadliest anti-Semitic attack in United States history when a heavily armed gunman, who earlier had posted anti-Semitic and anti-refugee messages online, entered the Tree of Life synagogue and shot 11 people.听
The Pittsburgh community leaders set up听The Eradicate Hate Global Summit听to drive cross-border and cross-discipline solutions that would help protect other communities from the kind of hate that was experienced in their city, and to ensure that Pittsburgh was remembered more for its global leadership against hate than for the terrible act of hate that had happened in its midst.听
Following the 2021 Summit, and upon noticing the numerous photos of sportspeople at the Pittsburgh airport, I reached out to the Pittsburgh leaders to propose that my Office and the听Eradicate Hate Summit听work on the UN Strategy and Plan of Action on Hate Speech and fully aligned with international human rights law, in particular the right to freedom of expression and opinion.听The city of Pittsburgh is also famous for its football team - the Pittsburgh Steelers.听
The following year on 19 鈥� 21 September 2022,听I听attended the second听Eradicate Hate Global Summit听in Pittsburgh, Pennsylvania, and once again, delivered a keynote address.听
A distinguished feature of this event was the wider focus on other areas where shootings motivated by hate had happened - such as Buffalo, where a gunman killed 10 people and wounded three others in a racist attack at a grocery store in a predominantly black neighborhood.
From the experiences of these communities who have suffered so much from hate we created the UN-Summit Sport Working Group.听
I co- chair this working group together with Michele Rosenthal, a member of the Summit Executive Committee and former head of community affairs for the Pittsburgh Steelers, whose two brothers, David and Cecil Rosenthal, were killed in the Pittsburgh Tree of Life attack, and Laura Ellsworth, Co-Chair of the Eradicate Hate Global Summit and the Global Partner-in-Charge of Community Initiatives for Jones Day, one of the largest law firms in the world. 听
It is this UN-Summit Sport Working Group that听will on 9th听December 2022 launch a听Plan of Action to counter Hate Speech through engagement with sports, the GAME PLAN.
The GAME PLAN includes recommendations that are organized according to thematic focus. We shall work with sports teams to speak openly and honestly about hate speech with athletes, with employees, with the public and those targeted by hate speech. We will promote positive messages, practices, policies, and procedures to foster genuine respect and counter hate speech.听
We will organize specific outreach activities to communities of fans and players to educate them about hate speech and its consequences. And we will try to see ways in which athletes and sports teams can intervene before messages of hate, that may lead to incitement of violence can take root.听
We will听recognize, reward and report success stories听and positive impacts that athletes and sports figures who join the GAME PLAN can then take up.听听Above all, we will counter and address hate speech.
Why is sports important in fighting hate speech?
Sports is important 鈥� it binds people around the world who may otherwise have differences through their favourite athletes. In terms of fan loyalty and dedication, it transcends borders.听
Look at the current FIFA World Cup tournament currently taking place in Qatar! It is possible to see people from different ethnicities, religions or nationalities, come together to support an athlete or a team. It means that sports teams and athletes have a unique ability to shape the way people think, and the way people view each other.听
Athletes also serve as global examples of the power of embracing diversity in terms of countering hate speech. Look at the way football teams come together to protect when a teammate faces racial insults from fans.听
Sports teams are able to form close bonds that transcend differences and embrace diversity, and that can therefore counter hate speech.听
When you think about how many young people around the world are engaged in sports, and how often they imitate their favourite professional athlete, how often they wear a jersey of the athlete they admire, we know that sport has a very, very powerful role to counter hate speech.听
Which specific sports or teams and leagues have signed up?
The Working Group is composed of representatives of various sport leagues, many of them from the United States.听
These sports leagues include the听Pittsburgh Steelers, Major League Baseball,听Boston Red Sox, Fenway Sports Group, Major League Baseball,听Buffalo Bills, Major League Soccer, National Football League,听听Buffalo Sabres,
It also includes the听听US Women鈥檚 National Soccer team,听the Pittsburgh Penguins, the Pittsburgh Pirates, the National Association for Stock Car Racing (NASCAR), Major League Soccer (MLS), National Basketball Association (NBA) and Women National Basketball Association (WNBA), Ultimate Fighting Championship (UFC) and National Hockey League (NHL),听Pegula Sports and Entertainment, the Anti-Defamation League听Sports Leadership Council and CNX Sports.
We also have Liverpool Football Club from the UK.听
Are there plans to reach out to major leagues outside the US, like the English Premier League and other European, African, and Asian leagues?
Yes, we are moving from continent to continent.听We already have the Liverpool Football Club.听As soon as we launch here in the US and we begin the messaging, then shall move to other continents - Europe, Africa, Asia, Latin America, everywhere.听Wherever we go, we will be working with the sports teams on the ground, focusing on various sports 鈥� including athletics, hockey, netball, and more.听
Your final message?
My office will continue to encourage all countries to ratify and domesticate the Genocide Convention听and any other important legal frameworks for atrocity crimes.
States听have the primary obligation to prevent and protect their populations from atrocity crimes - genocide, war crimes or crimes against humanity. This also includes holding perpetrators to account.
While international accountability mechanisms have helped to advance justice for victims, they need to be complemented by national accountability processes that can be broader in scope and link to processes of reconciliation, truth-seeking and guarantees of non-recurrence.听
This requires a robust national legal framework that incorporates international obligations on the prevention and punishment of genocide, war crimes and crimes against humanity.
If we do this, then we shall be able to say that the听International Day of Commemoration and Dignity of the Victims of the Crime of Genocide, and of the Prevention of Genocide听doesn't just remain a day of reflection and remembrance, it becomes a day in which we speak to what we've been able to do.听
