Professor of International Law and Human Rights at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, has raised concern over the African Union’s decision to channel the matter through the United Nations General Assembly, arguing that the process may lack the legal strength needed for effective implementation.
Speaking on the Joy Supermorning Show on Thursday, March 26, Prof Appiagyei-Atua said his primary concern lies with the procedure being adopted by the African Union to address the matter.
According to him, resorting to the UN General Assembly is not a new approach, noting that the system, although widely regarded as the most democratic arm of the United Nations, has inherent limitations.
His comments come as UN member states voted on a draft resolution seeking to recognise the transatlantic slave trade and the racialised enslavement of Africans as one of the gravest crimes against humanity.
He explained that at the General Assembly, each member state has one vote regardless of its size or financial contribution, making it appear inclusive but not necessarily decisive.
However, he pointed out that decisions taken at that level are not legally binding.
“Many of the votes cast on issues such as this are not binding; they only serve as recommendations or advisory opinions,” he stated.
Prof Appiagyei-Atua stressed that the focus should not merely be on the number of countries that support a resolution, but rather on the nature and influence of those countries.
Citing a recent voting pattern, he noted that although about 123 countries voted in favour, three voted against, while over 52 abstained.
He described abstentions as a subtle diplomatic signal of opposition, suggesting there is little distinction between countries that abstain and those that openly vote against a resolution.
He further raised concerns about enforcement, questioning how such resolutions would be implemented given their non-binding nature.
“Implementation is going to be difficult,” he said, indicating that the lack of legal backing could undermine the effectiveness of the resolution.
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Source: www.myjoyonline.com