Communication 431/12 – Thomas Kwoyelo v. Uganda
beneficiaries, such as members of rebel forces, state agents or political exiles.
Although they can be adopted unilateral acts of the state including as executive
decrees, amnesties are usually established as part of a peace settlement that is
given a force of law.
287.
The exemption from criminal prosecution and, possibly, civil action achieved
through amnesty is typically limited to conduct occurring during a specific period
and/or involving a specific event or circumstance, usually in armed conflict.
Typically, these are not normal or ordinary circumstances. Rather, they are
characterized lack of political and socio-economic stability, weak or dysfunctional
institutions and diminished security. In such conditions, the compatibility of
measures amounting to amnesties with the African Charter can be looked at in two
ways. First, as noted in the substantive part of this decision, instead of the direct
application of human rights standards that is ordinarily done in normal times, it is
the standards of IHL, which apply in times of conflict that are used to assess the
existence of violation of Charter rights. Second, such measures have also to be
examined on the basis of the limitations clause and hence on the basis of whether
they are justifiable and proportional limitations acceptable under international
law.
288.
Amnesties may exclude some or all conduct, including those that may be
deemed crimes under international law. It is now common to make a distinction
between blanket amnesties and conditional amnesties. Blanket amnesties, also
known as unconditional amnesties, can be defined as those that “exempt broad
categories of serious human rights offenders from prosecutions and/or civil
liability without the beneficiaries’ having to satisfy preconditions, including those
aimed at ensuring full disclosure of what they know about crimes covered by the
amnesty, on individual basis”.69 As they have the effect of excluding any form of
accountability and hence enabling impunity, blanket amnesties are deemed to be
69
Office of the United Nations High Commissioner for Human Rights, n 74 above, p. 8.
77
62nd Ordinary Session, 25 April – 9 July 2018
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