---------- Forwarded message ---------- From: John Ashworth <[email protected]> Date: Mon, 15 Jun 2015 08:28:09 +0300 Subject: [sudans-john-ashworth] Exciting times in South Africa To: Group <[email protected]>
Exciting times in South Africa for both Bashir and Angelina! BEGIN 1. Sudan president barred from leaving South Africa Human rights groups call on South Africa’s government to comply with the ICC arrest warrant for Omar al-Bashir, but the ANC calls the court unfit for purpose Sunday 14 June 2015 19.12 BST Last modified on Monday 15 June 201500.14 BST Guardian South Africa’s high court has barred Sudan’s president, Omar al-Bashir, from leaving the country in adispute over alleged war crimes that could undermine the authority of the international criminal court (ICC). Bashir, who travelled to Johannesburg for a summit of African leaders, is wanted by the UN-backed court for alleged atrocities, including genocide, committed during the Darfur conflict. The Guardian view on the international criminal court: no turning back on Omar al-Bashir The high court in Pretoria issued an interim order preventing Bashir from leaving South Africa until an urgent application to force authorities to arrest him is heard. A further hearing has been scheduled for Monday after the Southern Africa Litigation Centre (SALC), which promotes human rights, filed an urgent application to overturn a government decision to grant immunity to all delegates attending the African Union (AU) summit. The prospect of the Sudanese president being formally arrested appeared to recede on Sunday evening, however, when South Africa’s ruling African National Congress (ANC) said the ICC was “no longer useful for the purposes for which it was intended”. The ANC also called for a review of ICC statutes to make them applicable to all UN members and ensure a “fair and independent court for universal and equitable justice”. African states accuse the court, which is based in The Hague, of only targeting political leaders on their continent and failing to bring to justice those responsible for war crimes in the Middle East and elsewhere. The initial order preventing Bashir’s departure was extended on Sunday so that the court could reconvene on Monday to examine the SALC application. Judge Hans Fabricuis urged the government to take “all necessary steps” to prevent Bashir, 71, from leaving the country. If he left, the judge said, it would damage South Africa’s international reputation. In a statement issued at the weekend, the ICC called on South Africa, which has signed up to the court, to detain Bashir and “spare no effort in ensuring the execution of the [two] arrest warrants”. It also expressed “deep concern about the negative consequences for the court in case of non-execution of the warrants by states parties and, in this regard, urges them to respect their obligations to cooperate with the court”. South Africa’s foreign ministry did not immediately comment. As an ICC signatory, the government is obliged to exercise its arrest warrants. Bashir was originally indicted more than a decade ago. “He would be a fool if he had not sought guarantees he would not be transferred before leaving for South Africa,” one ICC official was reported as saying. Since his indictment in 2009, he has mostly travelled to countries that have not joined the ICC. “We are all happy to be here. There’s no problem,” a Sudanese official said at the summit. The AU summit is chaired by Zimbabwe’s president, Robert Mugabe, who has urged African leaders to pull out of the ICC. Human rights groups, however, expressed outrage that Bashir could openly defy arrest. “Allowing president Bashir into South Africa without arresting him would be a major stain on South Africa’s reputation for promoting justice for grave crimes,” said Elise Keppler of Human Rights Watch. “South Africa’s legal obligations as an ICC member mean cooperating in Bashir’s arrest, not in his travel plans.” Darfur erupted into conflict in 2003 when insurgents mounted a campaign against Bashir’s government, complaining their region was politically and economically marginalised. More than 300,000 people have been killed in the conflict and about 2.5 million have been forced to flee their homes, according to the UN. http://www.theguardian.com/world/2015/jun/14/sudan-president-omar-al-bashir-south-africa-icc END1 2. Sudan says South African government vowed to ignore ruling by High Court judge June 14, 2015 (WASHINGTON/KHARTOUM) – The Sudanese government asserted that they have received strong assurances from South Africa that it has no intention to abide by the High Court ruling regarding president Omer Hassan al-Bashir. Ibrahim Ghandour, Sudan foreign minister, told state TV that Pretoria informed them that opposition parties moved the case against Bashir in a “small court” and that they asked them not to worry about it. "The Foreign Minister of South Africa, assured us that they are proud of the participation of President al-Bashir and that they are responsible for protecting him, adding that this [issue] belongs to them and their opposition and we must not be concerned about it" Ghandour said. The Sudanese diplomat asserted that Bashir himself is not worried about this and will return home as planned after completing his programme of work. He slammed the International Criminal Court (ICC) as targeting Africans on behalf of western nations and said that their moves are “of no value”. The judge from the South African High court reaffirmed the decision he issued on Sunday morning ordering the government of Johannesburg not to allow Sudanese president Omer Hassan al-Bashir to leave. Judge Hans Fabricius in Pretoria listened to the government attorneys argue that communicating the order to all officials in pertinent agencies is impractical and failure to implement the ban should not result in a finding of contempt if Bashir ended up leaving. They also that asserted that Bashir would not leave as the African Union (AU) summit he is attending is not due to conclude until Monday. But the attorney representing Southern Africa Litigation Centre (SALC) accused the government of shielding info on Bashir and insisted that an order is issued to place airports under surveillance of the Home Affairs to ensure that the Sudanese president does not leave. The government attorneys asked for adjournment till tomorrow to prepare to rebut SALC application since they did not have time to do so today. Following intense deliberations, the judge issued a new decision stating that Bashir is prohibited from leaving South Africa until a final order is made on SALC application and ordered the government to take all necessary steps to prevent him from doing so. Judge Fabricius ordered the Director General of Home Affairs to “effect service of the order on the official in charge of each and every point of entry into and exit from [South Africa]”. The order was addressed to the Director of Home Affairs, South African Police Service , the National Director of Public Prosecutions, the head of the Directorate for Priority Crimes Investigation and the Director of the priority crimes Litigation Unit. The interim order issued by the judge today came to allow time to hear the request of applicants who asked for “mandamus” against the government to compel it to arrest president Bashir. On Monday morning the judge is expected to hear the merits of this case but it is not clear when he might make a decision. Bashir was indicted by the International Criminal Court (ICC) in 2009 over alleged war crimes and crimes against humanity during the Darfur conflict. The case is a complex one centering mainly on the issue of immunity for heads of states and whether Bashir attending a regional summit would enjoy it despite the ICC warrant. On Sunday, ICC judges said that South Africa has an obligation to execute the arrest warrant against the Sudanese leader and that there exists no legal argument relieving them from doing so. South Africa will likely refer to the AU decision ordering member states not to cooperate with the ICC in the case of 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 al-Bashir has been received and endorsed by a magistrate. This means that if President al-Bashir arrives on South African territory, he will be liable for arrest” the statement said. In Khartoum, the Sudanese foreign ministry emphasized that Bashir’s program of work would continue as normal in South Africa and that the court order would not impact it. The ministry added that Bashir’s safety is not threatened and that South African authorities told them that they are committed to the AU decision on cooperation with the court. South Africa’s ruling African National Congress said on its Twitter account Sunday that it “holds the view that the International Criminal Court is no longer useful for the purposes for which it was intended.” BASHIR DEPARTURE There has been much confusion about Bashir’s whereabouts for much of Sunday after he missed a lunch banquet for AU leaders. Afterwards Sudanese government spokesperson Ahmed Bilal told Bloomberg that Bashir is on his way back to Khartoum. But the Sudanese foreign ministry later denied this. Bashir was also seen at the AU convention center acting normally. It is widely expected that despite the court ruling, the South African government will allow Bashir to leave the country and try to tell the court then that he left without their knowledge rendering the legal case moot. Some reporters on Twitter said that Bashir’s presidential jet was moved to Waterkloof military airbase from Tambo International Airport on Sunday night in what appeared preparation for his departure. They mentioned that the judge order does not oblige the South African National Defence Force (SANDF) which owns the base, to implement the decision barring Bashir from travelling thus posing a legal loophole. Jakkie Cilliers, executive director of the Pretoria-based Institute for Security Studies, told the Financial Times (FT) it was highly unlikely that South Africa would detain Bashir but said the situation was “hugely embarrassing” for President Jacob Zuma’s government. “They are in a difficult position,” he said. “The South African government must have a rabbit hole here, I can’t believe they were not planning for this.” US & EU Positions The European Union (EU) and the United States issued carefully worded statements urging South Africa to adhere to its obligations and hold perpetrators of war crimes accountable. “In accordance with established approach of the EU and its Member States, the EU expects South Africa, a founding State Party of the Court, to act in accordance with UN Security Council 1593, in executing the arrest warrant against any ICC indictee present in the country,” the EU said. The US noted that while it is not an ICC member “we strongly support international efforts to hold accountable those responsible for genocide, crimes against humanity and war crimes”. “In light of the atrocities in Darfur, we call on the Government of South Africa to support the international community’s efforts to provide justice for the victims of these heinous crimes” the US State department said. The US embassy in Khartoum said it instructed its personnel to avoid large gatherings in light of the row relating to Bashir’s presence in South Africa. BASHIR SAYS ICC ’DEAD’ In statements to the Turkey-based Anadolu news agency, Bashir said that African leaders "refuse guardianship and that they the masters of their decision,". He went on to say that the ICC "is finished and the summit of South Africa are only for the funeral and burial". Despite demands by Sudan however, it is not expected that the AU summit would call for mass ICC withdrawal. The National Umma Party (NUP) of Sudan led by former Prime Minister al-Sadiq al-Mahdi said that while they support justice and accountability, there is need for bearing the political considerations. Al-Mahdi proposed offering Bashir suspension of ICC proceedings through United Nations Security Council (UNSC) in return for pledges from him on peace and democratization. The ruling National Congress Party (NCP) of Sudan called for mass demonstrations to receive president Bashir upon his return tomorrow. (ST) http://www.sudantribune.com/spip.php?article55337 END2 3. South Sudan rebel leader’s wife deported from Johannesburg June 14, 2015 (ADDIS ABABA) – Angelina Teny, wife of the South Sudanese rebel leader, Riek Machar, was reportedly deported from Johannesburg, South Africa, back to Addis Ababa, Ethiopia, on Friday by South African authorities who denied her entry visa at Oliver Reginald Tambo International Airport. In a statement distributed to the media and social networking groups by a journalist working in the office of president Salva Kiir, the first lady of the opposition leader was held for over 24 hours in the country before putting her back to the plane to Addis Ababa. “Madam Angelina Teny was deported on Friday, June 12, 2015 from Oliver Reginald Tambo International Airport in Johannesburg, South Africa,” revealed Larco Lomoyat, a photo journalist, in a statement extended to Sudan Tribune on Saturday. “Angelina who was accompanying her husband Dr. Riek Machar for medical checkup in South Africa arrived from Addis Ababa, Ethiopia at 1:00am on Thursday was detained for over 24 hours at the airport and was deported back to Addis Ababa, Ethiopia the following day on Friday afternoon together with her bodyguard Gabriel Kuok Dang,” he further explained. He said she was deported because she previously overstayed in South Africa beyond legal duration provided in the visa, which, he added, the new immigration law did not allow for new visa. Lomoyat said according to South African new immigration law, “if a visitor overstayed, she or he will be declared non-desirable; and therefore when he or she visits South Africa again, he or she will be deported and banned for five years not to visit South Africa.” South Sudanese rebel leader’s spokesman, James Gatdet Dak, confirmed that the wife of the opposition leader was denied entry visa on arrival per the new immigration law, but said elements in the media reports about what transpired were “exaggerated and misleading.” “Well, Madam Agelina couldn’t get entry visa on arrival because the new South African immigration law necessitated that the application for entry visa would first be processed before arrival,” Dak toldSudan Tribune on Saturday. “It was a matter of shortfalls in the arrangements. Elements in media reports are exaggerated and misleading,” he said. He also said she was not deported back to Addis Ababa as alleged but decided to transit to London, in the United Kingdom, to visit her family, adding she will then return to Addis Ababa after the visit to London to participate in the peace talks. Dak also dismissed as propaganda the allegation that the rebel leader travelled to South Africa for purposes of medical check-up, saying the mission was in response to invitation extended to him to participate in the African Union summit. He earlier said the opposition leader, who was also accompanied by the deputy chairman for national committee for foreign affairs relations, Ezekiel Lol Gatkuoth, met with a number of world leaders in Johannesburg. South African president, Jacob Zuma, and the minister of home affairs, Naledi Pandor, signed off on new immigration regulation on Friday, 16 May 2015 in a move that marks the first time since 2004 that the law has been adjusted. The changes officially came into effect on Monday, 26 May 2015, and the amendments to the act impact foreigners looking to visit, study, work, live and own a business in South Africa. South Africa’s new immigration rules aim to balance the need for better security with the contribution migration makes to economic development and prosperity. (ST) http://www.sudantribune.com/spip.php?article55334 END3 ______________________ John Ashworth Sudan, South Sudan Advisor [email protected] +254 725 926 297 (Kenya mobile) +211 919 695 362 (South Sudan mobile) +27 79 832 8834 (South Africa mobile) +44 750 364 2508 (UK/international) +88 216 4334 0735 (Thuraya satphone) PO Box 52662 - 00100, Nairobi, Kenya This is a personal e-mail address and the contents do not necessarily reflect the views of any organisation -- -- The content of this message does not necessarily reflect John Ashworth's views. 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