Bashir’s possible attendance of AU summit in South Africa draws skepticism
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June 11, 2015 (WASHINGTON/KHARTOUM) – The Sudanese leader’s purported
plan to fly in to South Africa for the African Union (AU) summit this
weekend was met with deep skepticism from diplomats and officials in
Johannesburg.
JPEG - 18.5 kb
FILE - Sudanese president Omer Hassan al-Bashir flanked by Kenyan
president Uhuru Kenyatta and South African leader Jacob Zuma
Earlier today, government sources in Khartoum told Sudan Tribune that
a committee consisting of multiple government agencies reviewed the
merits of the trips and the logistics and cleared Bashir’s attendance
in South Africa.
The sources also revealed that the Sudanese embassy in South Africa
has been formally notified about Bashir’s planned appearance.
This ran contrary to reports by several local and international media
houses this week which stated that 1st VP Bakri Hassan Saleh will
represent Sudan at the convention instead of his boss who is wanted by
the International Criminal Court (ICC) for alleged war crimes and
genocide committed in Darfur.
Sudanese officials currently participating in AU preparatory meetings
confirmed to African News Agency (ANA) Bashir’s participation in heads
of state summit.
But South African officials, speaking to ANA on condition of
anonymity, foreign diplomats and some human rights bodies have said
they don’t believe he will come as whatever happens to him, his
presence would be a major embarrassment to the South African
government.
Other diplomats told ANA that they suspect that Sudanese officials may
deliberately be leaking disinformation that he intends to come to
South Africa just to cause confusion.
There was no public statements from Khartoum or Johannesburg on the
level of representation Sudan will have at the summit. South African
officials have not stated what action if any would occur should Bashir
set foot in the country.
The Johannesburg-based Southern African Litigation Centre (SALC) said
it is preparing to seek an arrest warrant from a local judge for
Bashir.
“We are receiving information from various sources that Bashir is due
to arrive in SA on Saturday. We are trying to confirm information and
will prepare an urgent application to have him arrested, “SALC
Executive Director Kaajal Ramjathan-Keogh told ANA.
Keogh noted that the Constitutional Court had ruled that South Africa
must uphold its international law obligations under the Rome Statute
which governs the ICC.
She also pointed out that South Africa had domesticated the Rome
Statute’s provisions into South African law, the Implementation of the
Rome Statute of the International Criminal Court 27 of 2002 (the ICC
Act).
“In the preamble of the ICC Act, South Africa boldly commits itself to
bringing persons who are suspected of committing genocide, war crimes
and crimes against humanity, to justice pursuant to its commitment as
a signatory to the Rome Statute of the ICC and in terms of its
domestic law obligations,” she said.
Human Rights Watch (HRW) associate international justice director
Elise Keppler warned in a Twitter post that by traveling to South
Africa “Bashir risks arrest on arrival”.
South Africa has warned several times in the past that it will arrest
Bashir should he visit in compliance with the ICC arrest warrant.
This was despite AU resolutions instructing its members not to
cooperate with the ICC in apprehending Bashir.
In August 2009 the South African Department of Foreign Affairs issued
a detailed statement outlining its position on the AU resolution
regarding Bashir from a legal and political perspective.
“An international arrest warrant for President El Bashir has been
received and endorsed by a magistrate. This means that if President El
Bashir arrives on South African territory, he will be liable for
arrest” the statement said.
Bashir has not visited South Africa since the issuance of the arrest
warrant but in May 2009 he asserted in an interview with the BBC
‘Hardtalk’ program that he could visit if he wanted to.
The Sudanese leader has managed to travel to several African ICC
members since 2009 but in some of these instances this seem to have
backfired.
A trip by Bashir in 2011 to Kenya, another ICC member, without being
arrested prompted a civil society group to file a case in court which
ended up with the issuance of a provisional arrest warrant for him by
a Kenyan judge.
Malawi, which received Bashir once, chose not to host an AU summit
afterwards because it could not guarantee Bashir’s risk-free
attendance after US pressure.
In 2013, Bashir, traveled to Nigeria for a conference but left
abruptly after less than 24 hours without addressing the main event on
behalf of Sudan or attending a formal dinner or taking part in the
group photo.
In a filing made with ICC judges at the time, the Nigerian government
suggested that prior to Bashir’s sudden exit it was in the process of
initiating arrest procedures against him.
"The sudden departure of President Al-Bashir prior to the official end
of the AU summit occurred at a time that officials of relevant bodies
and agencies of the Federal Government of Nigeria were considering the
necessary steps to be taken in respect of his visit in line with
Nigeria’s international obligations".
(ST)
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