Search This Blog

Thursday, April 23, 2009

AFAG Pounces On Mumuni Again

Posted: The Chronicle Wednesday, April 22, 2009

By Charles Takyi-Boadu
The Alliance for Accountable Governance (AFAG), a pressure group, has alleged that the Foreign Minister, Alhaji Mohammed Mumuni, has ignored the tenets of international diplomacy, by terminating an agreement with an organisation which works for the promotion and protection of human rights, and the creation of a progressive human rights jurisprudence in Africa, without regard to the mandatory provisions of the said agreement.
Several phone calls made by this reporter, including a text message he sent to Alhaji Mumuni to get his side of the story, went unanswered.
At a press conference in Accra, the Spokesman for the group, Kwabena Bomfeh, said on the April 14, 2009, upon the instructions of Alhaji Muhammed Mumuni, the Acting Director of the Legal and Consular Bureau was purported to have terminated a headquarters agreement between the Government of Ghana and Africa Legal Aid.
According to the group, the headquarters agreement recognised the pre-eminent role of Africa Legal Aid, and its mission as an international organisation challenging impunity and lack of accountability for perpetrators of human rights violations, and affirmed the need for Africa Legal Aid to fearlessly discharge its functions, and execute strategies effectively, in an environment like Ghana's.
The Government of Ghana was said to have on the May 16, 2005, executed a headquarters agreement, by which Africa Legal Aid located its headquarters in Ghana, and the government of Ghana conferred certain rights, immunities and privileges on them.
The specific rights, immunities and privileges accorded to the organisation by the Government, as per the agreement, related to the general diplomatic immunities accorded the nation's diplomatic partners, and some international non-governmental organizations engaged in lofty activities like the advancement and protection of human rights.
It was an express provision of the agreement that any disputes between the parties, that is, the Government of Ghana and Africa Legal Aid, shall be settled by arbitration, in accordance with the Arbitration Act, 1961 (ACT 38).
Further, the agreement stipulated that either party to the agreement could terminate same, only upon the provision of six (6) months notice to the other.
However, AFAG noted that "in blatant disregard for these mandatory provisions of the agreement, and without providing any reason whatsoever, Alhaji Muhammad Mumuni, on the 14th day of April, 2009, ordered the immediate termination of the headquarters agreement by the Government of Ghana."
According to the group, this happened at a time when no dispute had occurred between the Government of Ghana and Africa Legal Aid to warrant the termination of the agreement, stressing that "there had not been the recourse to arbitration proceedings, as directed by the provisions of the agreement."
Further, Kabila, who was flanked by other members of AFAG, including Accra-based legal practitioner Abeiku Dickson, Sammy Awuku and Arnold Boateng, said Alhaji Mumuni ignored the requirement of the agreement of a six (6) months notice in writing to Africa Legal Aid before the Government of Ghana could terminate the agreement.
The group noted that no reason was assigned by Alhaji Mumuni, for the withdrawal of the rights, immunities and privileges conferred on the international human rights organisation by this headquarters agreement.
It is however not clear whether the Foreign Minister was not impressed by the human rights work of the organisation.
AFAG thus believes "certainly, the action of Alhaji Muhammad Mumuni demonstrates a disdain for the promotion of human rights," saying, "to the extent that no reason was advanced by Alhaji Mumuni for authorising the termination of the headquarters agreement of the Government of Ghana with the Africa Legal Aid, it is fair to say that perhaps the Honourable Minister for Foreign Affairs deemed the human rights activities of that organisation offensive."
This, they said, was evident in the fact that his conduct was also in palpable violation of due process and the rule of law, stressing "it is hugely appalling and deplorable of a person occupying the position of the Chief Diplomat of the nation."
To them, this was also evident in the fact that he had shown utter disregard for the tenets of diplomacy, and could therefore not be seen to be parading as the nation's Chief Diplomat.
Ultimately, AFAG says its concern is the effect of the Minister's action on the nation's diplomatic relations, and relationship with international human rights bodies and agencies, saying "Alhaji Mumuni's action, no doubt, exhibits contempt for international organisations engaged in the advancement and protection of universal human rights and the eradication of impunity."

No comments: