Showing posts with label Bashir. Show all posts
Showing posts with label Bashir. Show all posts

Wednesday, November 24, 2010

IGAD Summit: Uganda president attends - S. Sudan's Salva Kiir Mayardit's Statement - Sudanese leaders hailed for agreeing 'soft border' solution

ON Tuesday, 23 November 2010, Uganda's President Yoweri Museveni joined other Inter-Governmental Authority on Development (IGAD) Heads of State and Government in the Ethiopian Capital Addis Ababa for a one day summit that centred on the progress of the implementation of the Sudanese Comprehensive Peace Agreement (CPA) that was initialed between the Southern Sudanese People’s Liberation Army.

Full story below, followed by several related reports including a copy of Salva Kiir Mayardit's address to the Summit of IGAD Heads of State and Government on Sudan. Excerpt:
"In a nutshell, Sudan requires a lot of help from IGAD, the AU, UN and the international community. The country has myriads of problems – it is yet to implement fully Popular Consultations in the two areas of Blue Nile and Southern Kordofan. Being an integral part of the CPA, the people of these areas must also conduct the popular consultations as agreed. Similarly, Sudan needs help in order to peacefully resolve the conflict in Darfur. No new strategy can work for Darfur until all parties are brought to the negotiating table to agree for peaceful settlement.

In conclusion, the CPA is the roadmap for success in the Sudan, particularly when the referendum is peacefully implemented. Now, as the greatest moment of our history approaches, it is up to all of us to ensure that the referendum is conducted peacefully and without delay."


President Attends IGAD Summit
Source: Office of the President / Uganda Media Centre www.mediacentre.go.ug
Date: Wednesday, 24 November 2010. Copy in full:
President Yoweri Museveni today joined other Inter-Governmental Authority on Development (IGAD) Heads of State and Government in the Ethiopian Capital Addis Ababa for a one day summit that centred on the progress of the implementation of the Sudanese Comprehensive Peace Agreement (CPA) that was initialed between the Southern Sudanese People’s Liberation Army (SPLA) and the Government in Khartoum in January 2005 in Nairobi.

The CPA was meant to end the 2nd Sudanese Civil War, develop democratic governance countrywide and share oil revenues. The Agreement further set a timetable by which Southern Sudan would have a referendum on its independence. The referendum in scheduled to place in 2 months time in January next year.

Today’s summit that took place at Sheraton Hotel in Addis Ababa was also attended by host Premier Meles Zenawi of Ethiopia, Sudanese President Omar Hassan el Bashir, President Ismael Omar Guelleh of Djibouti, President Mwai Kibaki of Kenya while the Transitional Federal government of Somalia President was represented by H.E. Yusuf Hassan Ibrahim.

The Summit, in a communiqué issued at the end of its deliberations, reaffirmed its commitment to not only continue the support for the full implementation of the CPA but also for the post referendum period for the sake of peace, stability and democracy.

The communiqué also said that the Assembly of the IGAD leaders took note of their summit coming at a critical time in the history of the Sudan as that country, in just less than 2 months before the referendum on self-determination for the people of Southern Sudan, and a few days after the start of registration of voters for that referendum, represents a significant milestone in the implementation of the CPA between the government of the Sudan and the SPLM.

The IGAD Heads of State commended the efforts of the AU’s group of eminent African personalities, comprising former South African President Thabo Mbeki as the group’s Chairman, President Abdulsalami Abubaker and former Burundi President Pierre Buyoya, for facilitating the Sudanese parties in the implementation of the CPA paying attention to outstanding issues in the Agreement and post referendum time.

The Summit requested the AU group of eminent personalities to keep IGAD updated on the progress of the negotiations including the ongoing discussion between the two parties to the CPA.

On Somalia, the IGAD leaders called upon the Presidency and Parliament in Mogadishu not only to work together for the greater cohesion for the Somali nation but also to provide political and ideological leadership so as to ensure total harmony among the leadership.

The leaders of the IGAD member countries affirmed their unswerving and continued support to the Transitional Federal Institutions of Somalia in their endeavour to create peace, security and stability in the country and put in place institutions of governance that will deliver basic services to the people of Somalia.

President Museveni, who was accompanied by State Minister for Regional Affairs, Mr. Isaac Musumba, Uganda’s envoys to Khartoum and Ethiopia Betty Akech and Mull Katende respectively, among others, later returned home this evening.
ENDS
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Gen Salva Kiir Mayardit, Chairman of the Sudan People's Liberation Movement (SPLM) - Address to the 16th Extraordinary Summit of IGAD Heads of State and Government on Sudan
Source: Press Release reprinted at Sudan Tribune - www.sudantribune.com
Date: Wednesday, 23 November 2010 (Addis Ababa, Ethiopia)
Your Excellency, Ato Meles Zenawi, Prime Minister of the Federal Democratic Republic of Ethiopia and Chair of IGAD,

Excellencies, Heads of States and Government of IGAD,

Your Excellency, Mr. Jean Ping, Chair of the African Union Commission,

Your Excellency, Mr. Thabo Mbeki, Chair of the AU High-Level Implementation Panel, and colleagues former Presidents Pierre Buyoya and Abdulsalami Abubakar,

Excellencies, Foreign Ministers,

Representatives of the AEC and the UN,

Distinguished Ladies and Gentlemen,

I take this opportunity to thank you IGAD Heads of State and Government for convening this Extraordinary Summit on the Sudan in order to be briefed about the implementation of the Sudan Comprehensive Peace Agreement (CPA), which is your own baby. This gathering comes indeed at a critical moment of the history of our country. We are now left with just less than two month before the referendum in Southern Sudan takes place on January 9th, 2011. This auspicious meeting is to us another display of IGAD unwavering commitment to ensure full implementation of the CPA and to also reaffirm its commitment to regional peace and stability.

From our side, I would like to equally reassure you that the SPLM, the Government and people of Southern Sudan and peace loving Sudanese in general commend your efforts most sincerely. We are very grateful for your continued interest and attention, and we need your support now more than ever before to peacefully complete the implementation of the CPA.

As you are all aware and I am happy to brief you today that the registrations are going on smoothly and peacefully. Preliminary information shows that the turnout is quite encouraging particularly throughout Southern Sudan. There is a lot of enthusiasm and anxiety amongst our people not to miss the golden opportunity to express their rightful desire to either vote for the continued unity of the Sudan or to secede to become a country of their own.

Distinguished Delegates, This exercise of the right to self-determination is critical and it remains a formula for maintaining peace today and in the future. That is why we are doing all we can to ensure that the referendum takes place as scheduled. We are also cognizant that any delays risk a return to instability and violence and my message to you today is that every effort must be exerted to achieve a timely conduct of the referendum.

At this juncture, I would also like to commend the efforts of the Southern Sudan Referendum Commission (SSRC) and the Southern Sudan Referendum Bureau (SSRB), who are working around the clock to ensure that the exercise take place as scheduled.

As far as funding is concerned, it is important to admit that there are still difficulties particularly with the National Government in Khartoum, which has deliberately failed to fulfill its obligation to contribute money to the SSRC. The Government of Southern Sudan has so far released SDG 100 million out of the SDG 150 million it has pledged. The donors are also struggling to meet their target may the SRSG and the AEC can later on shed more light on the contributions of the international community.

Politically, the atmosphere is not good particularly in Northern Sudan. Instead of preaching peace some senior members from the National Government and the National Congress Party (NCP) have been raising tempers in the public by issuing statements that are likely to instigate violence. I appeal to this august gathering to discourage the Sudanese parties from provocative behavior. The records are documented that IGAD and the international community should seriously note because should violence erupt there are people to be held responsible.

In Southern Sudan the platform for campaigns is leveled for both those who would like to propagate for unity and separation. Regional and international observers are allowed to move freely and they can speak the truth for themselves. We are desirous and committed to ensure that the referendum in Southern Sudan occurs smoothly and peacefully in order to produce credible results that represent the will of the people. This is our goal and I wish to reiterate to you that we will make certain that all opinions and campaigns for unity or separation are given equal opportunity to be heard. We are exerting all efforts to ensure that the credibility of this referendum is beyond question.

What is badly required of IGAD and other guarantors of the CPA is to mobilize support for the outcome of the referendum in Southern Sudan and the rest of the international community to ensure a peaceful transition.

We are also deeply concerned by the lack of progress in resolving the outstanding issues of the CPA: 1. Abyei 2. North-South border demarcation 3. Post-referendum arrangements

Meantime, we are genuinely willing to negotiate with our brothers and sisters in the North. We are committed to work in a spirit of partnership to create peaceful and sustainable good relations between Northern and Southern Sudan regardless of the outcome of the referendum. I have said it time and again that it is in our interest to see to it that the North remains a viable state, just as it should be in the interest of the North to see Southern Sudan emerge as a viable state too. There should be no room for fear about the future because I have also reiterated several times that even if Southern Sudan separates from the North it will not shift to the Indian Ocean or to the Atlantic Coast. Instead we will be sharing the longest border between us and I would like to reassure you that the security of Northern Sudanese in the South will remain our priority and we request our Northern partners to do the same for Southern Sudanese in the North. Thus, we are committed to sustainable peace and stability irrespective of the outcome of the referendum. We have achieved a lot in the past few years since the CPA was signed and we still have a lot of work ahead of us to improve the lives of our people.

There has been a lot of talk and propaganda about the viability of Southern Sudan as a state if its people chose independence? Let me assure you that Southern Sudan will contribute immensely to peace and the well being of our region of the horn of Africa and our continent as a whole. We have got potentials that, in a free and peaceful environment, can be exploited not just for the development and sustenance of the new state but also for the benefit of the neighboring countries. In order to achieve that we have been reaching out to Southern Sudanese of all walks of life on the referendum and the future of Southern Sudan irrespective of the expected outcome of the exercise. We have been holding successful meetings of ‘All-Southern Sudanese Political Parties' in Juba and most of you may have already come across the resolutions. We are also engaging leaders of Other Armed Groups (OAGs) to discuss the transition in case of secession outcome.

In a nutshell, Sudan requires a lot of help from IGAD, the AU, UN and the international community. The country has myriads of problems – it is yet to implement fully Popular Consultations in the two areas of Blue Nile and Southern Kordofan. Being an integral part of the CPA, the people of these areas must also conduct the popular consultations as agreed. Similarly, Sudan needs help in order to peacefully resolve the conflict in Darfur. No new strategy can work for Darfur until all parties are brought to the negotiating table to agree for peaceful settlement.

In conclusion, the CPA is the roadmap for success in the Sudan, particularly when the referendum is peacefully implemented. Now, as the greatest moment of our history approaches, it is up to all of us to ensure that the referendum is conducted peacefully and without delay.

Once again, we commend the efforts of IGAD, the AU, the UN and the International Community for the continued support for peace in our country and our people. On our part we will do our utmost best not only to reciprocate your efforts but to work for a favorable environment for economic development and sustainable peace in the region. We are optimistic about the future and with your efforts we will make it together.

May God continue to bless us and grant us the patience required to achieve the desired goals and objectives for posterity!

Thank you.
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Sudan's Ruling Party Welcomes IGAD Summit Recommendations‎
Source: Voice of America (VOA) - www.voanews.com - by Peter Clottey
Date: Wednesday, 24 November 2010


Photo: Dr. Rabie Abdelati Obeid is a prominent member of Sudan's dominant National Congress Party (NCP)

A senior member of Sudan’s ruling party has expressed confidence that both his ruling National Congress Party (NCP) and the Sudan People’s Liberation Movement (SPLM) will resolve all outstanding issues ahead of the 9th January referendum.

Rabie Abdelati Obeid welcomed the recommendation by the Intergovernmental Authority on Development (IGAD) summit on Sudan saying both the NCP and the SPLM will solve the problems and disagreements between them.

“The two partners have shown their readiness to follow what (has) been recommended (by IGAD), and I think the coming days will show the seriousness of the two partners to implement the Referendum Act and also all outstanding points from the Comprehensive Peace Agreement (CPA).”

East African leaders met Tuesday [23 Nov] in Addis Ababa to discuss tension in Sudan, where a referendum on independence for the country's south is now less than seven weeks away.

Sudan's President Omar al-Bashir and southern Sudanese leader Salva Kiir were among those who attended the summit.

Participants urged northern and southern Sudan to avoid reigniting the civil war that ravaged the country for 21 years ending in 2005.

Obeid said the NCP is satisfied with the recommendations from the IGAD heads of state and government.

“The NCP has shown their full satisfaction and they also thank IGAD member states for their efforts to narrow the differences, or to remove the differences, between the two partners. We also thank IGAD for their work and their facilitation, and it is very clear for the NCP that IGAD member states are very keen to establish security and peace in Sudan,” Obeid said.

“This will also be reflected in the coming days between NCP and SPLM to resolve the majority of the points that are still outstanding between the two partners before the conduct of the referendum.”

Meanwhile, state media in Sudan quote Mr. Bashir as telling the summit there will be “no return to war,” and that his government will work for strong relations with the south in the event of separation.

In a statement, summit participants said they are confident Mr. Bashir and Mr. Kiir can lead Sudan into a new era of peace, but also expressed concern over issues that continue to divide the north and south.
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Arab League Delegation to Conduct Talks in Khartoum on Referendum‎
Source: Sudan Vision - www.sudanvisiondaily.com - by Staff writer
Date: Wednesday, 24 November 2010
A delegation from the Arab League is expected to conduct talks in Khartoum to-day and get briefed on preparations for southern Sudan self-determination referendum. The delegation will be headed by Ambassador Sameer Hosni, the director of Arab-African Cooperation Department at the League.

In statement to reporters, Ambassador Hisham Youssef, head of the AL Secretary General's office said the delegation will prepare for the forthcoming visit to Sudan by AL Secretary-General, Amro Mousa. The delegation will also discuss with officials in the Sudan numerous issues, particularly those related to relief and the re-construction works in the Darfur region.

Ambassador Hisham Youssef said AL Secretary-General's office will participate in the East of Sudan Development Conference to be held in Kuwait on this coming December. He further said that the AL Secretary-General will head a high-level delegation to the conference which will provide opportunity for consultation on development of the situations in the Sudan. He added that a meeting to be held at AL permanent members' level this coming Saturday will discuss developments in the Sudan, current preparations for the referendum and the role that could be carried out by AL and Arab countries in following up this matter for achieving the interests of the Sudanese people.

"The Arab League will also follow up the southern Sudan self-determination referendum through a delegation that will include a group of officials from the secretariat-general and who might be joined by some Arab Parliament members," he said.

On the probability of the postponement of the referendum, Ambassador Hisham Youssef said this matter is connected to arrangements and preparations. "There are some who believe the forthcoming period is sufficient for conducting the referendum while some others think that there are some organizational difficulties," he said. He added that if the referendum is postponed that would be for a very short period of time, and for organizational and not other reasons.

As regards the situation in Darfur and talks by the Qatari sponsor of that peace talks could be achieved before the end of the year, Ambassador Hisham Youssef said he hoped that peace could be achieved within such a period. "There is a tremendous effort being exerted by the Qatari side and by many Arab countries for achieving peace in Darfur before the end of the year," he said.

On a related development, the joint mechanism for the follow up of Arab undertaking for supporting and addressing humanitarian situations in Darfur will hold a meeting at the Arab Authority for Agricultural Investment and Development premises to-day Wednesday and tomorrow Thursday.

The meeting will discuss the comprehensive peace strategy, the development of Darfur in addition to the performance of AL projects in Darfur, the projects proposed by the Reconstruction Commission for 2011 as well as replicating the experiment of constructing humanitarian services complexes centers to which IDPs return.

The meeting will also discuss the means of earning living projects for IDPs who have returned to their homes, and for those who will soon settle in their homes and the nomads.
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IGAD Summit: Sudanese leaders hailed for agreeing on 'soft-border solution
Source: (PANA) / Afrique en Ligue - www.afriquejet.com
Date: Wednesday, 24 November 2010
(Addis Ababa, Ethiopia) - East African leaders have hailed Sudanese President Omer Al-Bashir and his Southern Sudan counterpart Salva Kiir for agreeing on a 'soft-border' solution as well as to limit tension around possible north-South separation. In a communique issued Tuesday after a meeting to fashion out a solution to the pending issues, the East African leaders also requested the Sudanese leaders to demarcate the north-south border within the time allocated in their peace deal.

'The Summit was particularly encouraged by the parties' commitment in achieving in the event of the secession of Southern Sudan, two viable states living as peaceful and cooperative neighbors,' said the commu nique, issued after the meeting of the Intergovernmental Authority on Development (IGAD) here.

The two states will maintain common security as well as a 'soft border' that forges cooperation without disruption to the livelihoods of the people, the IGAD leaders announced.

South Sudan is headed for a decisive referendum which could see the region declare independence from the larger Sudan on 9 January 2011, in according with a peace agreement reached in Nairobi, Kenya, in January 2005.

The six East African leaders, meeting under the IGAD, emphasised that political tensions arising from the planned referendum be managed in the context of the of Sudan as a melting pot of cultures.

The use of the term, Sudan, the melting pot of cultures, is a reference to the north-south divide in Sudan. It is often offered as an explanation to the diversity of the Sudanese citizenry, which combines a largely Arab North and a b lack population in the South.

The Summit welcomed the dedication of Presidents Al-Bashir and Kiir to resolve the outstanding issues, in particular the issue of Abyei, and called upon the parties to approach the next round of negotiations with a sp irit of compromise.

African Union's High-Level Panel leader Thabo Mbeki has been meeting the two Sudanese leaders to address the issue of Abyei, claimed by both north and South.

Abyei lies in Southern Sudan but has been administered from the North since the British rule in the Sudan. The Southerners want the region to revert to their region, but this has to be done through a referendum.

The current deadlock over the Abyei issue centres on complaints from Southern Su danese tribes that a northern Sudan tribe, the Missiriyah, should not be allowed to vote in the Abyei referendum because they are not local residents.

The IGAD leaders said the two Sudanese parties must take cognizant of the need to guarantee the rights and livelihoods of the affected people.

The leaders welcomed the commitment of the Sudanese Parties to the timely and credible conduct of free and fair referendum and the respect for its outcome.

They noted in particular the commitment by the parties to never return to war but instead to seek peaceful resolution of issues that may divide them.
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IGAD Presidency Meeting On Abyei Scheduled For November 27th
Source: SRS - Sudan Radio Service - www.sudanradio.org
Date: Wednesday, 24 November 2010
(Juba) – The Intergovernmental Agency for Development or IGAD member states have rescheduled the meeting on Abyei referendum to November 27th.

A delegation led by the GOSS President returned to Juba on Wednesday from the 16th IGAD summit where they discussed the progress on the implementation of the CPA.

Pagan Amum, the GOSS Minister for Peace and CPA implementation addressed the press in Juba on Wednesday.

[Pagan Amum]: “The summit was a success and we are happy with the results of the summit. The presidency is going to meet on the 27th, next Saturday to discuss Abyei and to find a lasting solution to the impulse that we have been facing. As you all know the National Congress Party has taken Abyei literally as a hostage and they are using it as a bargaining chip to extort concessions from the south as well as from other actors from the international community, particularly the government of the United States of America. We are hopeful that with the forward leaning position taken by the government of the United States of America and the readiness of the SPLM to discuss what the National Congress really wants to let free the process of Abyei.”

Pagan Amum said the meeting of the Presidency on Abyei will be mediated by the AU High Implementation Panel. He also said the popular consultations for Blue Nile and Southern Kordofan states will be discussed in the next meeting.

[Pagan Amum]: “There is also going to be a meeting on the 28th and 29th of this month focused on the completing discussions on the framework agreement. Hopefully if Abyei and border issues are resolved, then we will have a situation of agreement on the total issues that we have on the CPA and we will be able to close the chapter of conflict in Sudan, especially between the north and the south. The meeting is also going to look at the preparations for the conduct of the popular consultations in the two areas of Southern Kordofan and Blue Nile state. As you all know, the process in Southern Kordofan is delayed because of the delay in the conduct of elections.”

Pagan Amum, the GOSS Minister for Peace and CPA implementation addressed the press on Wednesday in Juba after his arrival from the IGAD Summit in Addis Ababa, Ethiopia.

Wednesday, July 29, 2009

Bashir blocked but is Museveni off the hook?

Note to self to re-read the following analysis.

President Museveni and Ocampo at State House

Photo: President Museveni and Ocampo at State House.  (The Independent)  See profile here below.

Cover story from The Independent, Uganda:
Bashir blocked but is Museveni off the hook?
Wednesday, 29 July 2009 by Rosebell Kagumire 
Govt drafts law to save the President from prosecution

Sudanese President Omar al-Bashir

Sudanese President Gen. Omar al-Bashir wanted by the ICC.

Uganda has officially become the second African country after South Africa to block a visit by Sudanese President Gen. Omar al-Bashir.

Bashir faces a similar situation in 28 other African countries and more than 90 others worldwide which are signatories to the International Criminal Court’s (ICC)Rome Statute. The number of potential arrest spots for Bashir swells if countries that are not signatories but are cooperative with the ICC are included.

Uganda placed itself between a rock and a hard place when it invited him to the 19th edition of the International Global Smart Partnership dialogue in Kampala between July 26 and 28.

Since then, analysts have pointed out that, the narrowing of space for Bashir has implications for President Yoweri Museveni and other African leaders too.

Bashir has a warrant of arrest hanging over his head issued by The Hague-based ICC for alleged war crimes and crimes against humanity in Sudan’s restive western region of Darfur between 2003 and 2008.

But African Union (AU) leaders at their July 4 summit in Sirte, Libya, had resolved not to cooperate with the ICC “pursuant to the provisions of Article 98 of the Rome Statute on the ICC...or the arrest and surrender of African indicted personalities.”

Since the arrest warrants were issued in March, Bashir has defiantly visited several African countries and the Middle East. But coming to Kampala would be significant because it would be the first visit to a country which is a signatory to the Rome Statute that established the ICC.

South Africa blocked Bashir from attending President Jacob Zuma’s inauguration in May with a warning that it would arrest him to honour its obligations to the ICC.

Initial indications that Bashir would attend shifted world attention to whether Uganda, as a signatory to the Rome Statute, would flout the AU position, uphold its international obligation to the ICC, and arrest him.

ICC mandate

At the time, Lina Zedriga, a women’s peace and security advocate in Kampala, argued that although the Rome Statute puts obligations on the signatory countries to arrest the suspects, it does not impose legal punishments on countries which do not comply.

“The institutional framework to practically deliver this arrest seems to be largely absent even at the ICC level. There is a gap as the court operates on the cooperation, so failure to cooperate is not fatal to Uganda,” she said.

But David Mpanga, a senior lawyer in Kampala, argued that Uganda could not risk undermining the ICC.

“Uganda cannot go with the AU on the Bashir indictment. That would not be politically expedient in light of the fact that Uganda now chairs the UN Security Council,” Mpanga reasoned. “There is also the matter of Kony; how does Uganda urge the DRC and others to apprehend Kony if they lay their hands on them but then let Bashir slip through its hands?”

On the face of it, Uganda appeared to be reacting with classic confusion. Later analysis revealed, however, that it could have been orchestrated confusion.

The unstated view of most AU leaders who signed the Sirte resolution is that most of the ICC accusations of war crimes have been against Africans. Former Liberian President Charles Taylor is locked up at The Hague on trial under the jurisdiction of the Special Court for Sierra Leone, while former Democratic Republic of Congo (DRC) Vice President Jean Pierre Bemba and former DRC warlords Thomas Lubanga, Germaine Katanga, and Mathieu Ngudjolo are on trial by the ICC.

To this group, Bashir’s indictment proves that the ICC is only working at the whims of western leaders. Most African leaders fear that they could end up on trial in The Hague should they fall out of favour with the West.

On March 29, 2006 Taylor was arrested and handed to the ICC despite a 2003 assurance of immunity from prosecution from his host, then Nigerian President Olesegun Obasanjo, then South African President Thabo Mbeki and the international community. On the day Taylor was arrested Obasanjo had a scheduled meeting with then US President George Bush. Insiders claim Bush gave Obasanjo an ultimatum: “Arrest Taylor or meeting is off.”

At a broader level, DR Congo president Joseph Kabila has filed a similar case in the ICC against President Museveni’s government on accusations of war crimes and crimes against humanity following Uganda’s military campaign against the Kinshasa government between 1998 and 2002. If the ICC finds merit in the DRC case, we may witness Bashir-like indictments against the Ugandan leadership.

However, former UN Secretary General Kofi Annan has condemned the position of the African leaders saying they are seeking protection “when one of them” is called to face justice.

“The ICC represents hope for victims of atrocities and sends a message that no one is above the law. That hope and message will be undermined if the African Union condemns the Court because it has charged an African head of state,” Annan said.

Implications

But threatening Bashir with arrest has other significant implications for President Museveni.

Uganda is slated to host the ICC review conference next year. As a prelude, the government is working hard to ensure the ICC Bill of 2006, which is the domestication of the Rome Statute, is enacted into law before the end of this year.

It is, therefore, interesting that in the ICC Bill which the Uganda government wants parliament to pass, Clause 19 which spells out those to be tried under the law, excludes Article 27 of the Rome Statute.

Jean-Pierre Bemba

Article 27 of the Rome Statute disregards immunity conferred to the heads of state under their national law. That is why Bashir can be arrested even if he is a sitting president.

Kampala Central MP Erias Lukwago who sits on the Parliamentary Legal Committee says the domesticated ICC Bill must also hold the head of state accountable.

“We are challenging this exclusion of the president from prosecution in case he commits war crimes. We want government to adopt the Rome Statute article that disregards [such] immunity.”

He says the reason for immunity of a sitting president in cases related to war crimes and crimes against humanity in the Ugandan law is similar to the views of African leaders towards the ICC.

According to Lukwago, Uganda cannot risk to be seen championing the arrest of Bashir when back home in the national ICC Bill they are seeking to exempt a sitting president from similar criminal liability.

Jean-Pierre Bemba

Jean-Pierre Bemba

Ocampo’s role

The arrival in Uganda of the ICC prosecutor Luis Moreno Ocampo initially appeared to complicate the government’s strategy. Initially interpreted as an attempt to secure assurance from Uganda that it would arrest Bashir should he step into the country, Ocampo’s visit appears to have served the interests of the Uganda government more than it did the ICC.

Charles Taylor

Charles Taylor, ex-leader of Liberia on Trial in the Hague for alleged war crimes.

Before Ocampo arrived, Foreign Affairs minister Sam Kuteesa, said Bashir was free to travel to Uganda.

“We cannot invite President Bashir here and then arrest him. We don’t work like that,” he said at a press conference.

He said Uganda would abide by the AU resolution and not act until an investigation by an AU-appointed commission has given its recommendations on Bashir’s indictment. He said the decision was not a denial of support for the Rome Statute.

However that changed when Ocampo arrived and told a press a conference in Kampala that Uganda was under obligation to arrest Bashir.

“South Africa informed Bashir that he could be invited to President Zuma’s inauguration, but while he is there he could be arrested,” he continued, “It’s a legal obligation not a political decision, it’s a court decision and Uganda, South Africa and the 30 African (member) state parties have this legal obligation, it’s clear.”

Uganda’s Junior Foreign Affairs Minister Okello Oryem who spoke at the same press meeting with Ocampo, appeared to contradict his senior minister.

“The warrant against Bashir is already deposited here in the Solicitor General’s office,” Okello said, “If and when Bashir arrives here in Uganda, then it is up to Kayihura [head of the police] to see to it that he takes action if and when it arises.”

His statement sparked a cloud of confusion. President Museveni panicked into calling Bashir to refute Oryem’s remarks. Museveni, according to the Sudan News Agency, told Bashir that Oryem’s statement did not represent the Uganda government position.

However observers now believe that Oryem could not have contradicted his senior and the president without the matter having been discussed and endorsed by the government.

However the dice was cast. Amid the confusion, Bashir could only travel to Kampala at his own peril.

So it was not surprising that Uganda’s Foreign Affairs Permanent James Mugume announced the next day that the two countries had agreed that Bashir delegates a senior cabinet official to represent him at the Smart Partnership dialogue.

President Museveni had achieved double success; Bashir would not set foot in Kampala and therefore it relieved him of the ICC obligation to arrest him or the AU responsibility to spare him.

Analysts point out that Uganda’s dilemma doubled because in December 2003 it became the first country to refer a case to the ICC, which in July 2005 issued indictments against Lord’s Resistance Army rebel leaders, Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen over 2,200 killings and 3,200 abductions between July 2002 and June 2004, in about 850 attacks.

The ICC indictments have since been blamed for the LRA’s failure or refusal to sign a peace agreement with the government.

The government is, however, aware that the ICC involvement drew international support to its efforts to end the rebellion.

Currently, a bill called the “LRA Disarmament and Northern Uganda Recovery Act 2009” is being pushed through the US Senate to ensure further support.

Joseph Kony

Joseph Kony

The Uganda government has been careful not to jeopardise that through its handling of the Bashir affair.

If Bashir had come and was not arrested, it would have left Uganda in the mud and rendered the ICC indictments inconsequential. This could motivate other countries to follow suit and no other indicted person would ever get bothered by the ICC indictments.

Ocampo, who travelled to Uganda from Kinshasa where he sought MONUC support to apprehend Kony, told journalists in Kampala that was the other reason for his visit.

Bashir’s side

Ensuring that Bashir stays away from Kampala was no easy job.

On July 16, just a few hours before Mugume announced that Bashir would send a representative, a source in The Hague quoting contacts in Khartoum had told The Independent that information from Sudan indicated that Bashir was determined to come to Kampala to put the efficacy of the ICC indictments on absolute test.

The other reason that added to the pressure was that Uganda is currently heading the UN Security Council, which has not accepted the AU request to defer Bashir’s indictment for 12 months.

Complying with the International Crminal Court arrest warrant would, however, not only put Uganda’s diplomatic relations with Sudan at risk, but could also alienate Uganda from other fellow African countries that share the African Union’s thinking. If that happened, Uganda then could face political isolation by her counterparts on the continent.

This view was reinforced by the Sudanese Ambassador to Uganda Abdil Rahim al-Sadiq who said in the wake of contradicting statements from Uganda government officials that Uganda risked a diplomatic row if it dared arrest Bashir.

Uganda has in the past accused Khartoum of sponsoring the Kony rebellion in northern Uganda. It is feared that any diplomatic tiff could resurrect such hostilities and strangle the remaining hope for peace.

If arresting Bashir in Kampala could have reignited hostilities between Sudan and Uganda, not arresting him does not mean that Khartoum now counts on Uganda as an ally.

Blocking Bashir also seems to have provided a temporary rather than a permanent solution.

Even after blocking Bashir visit, South African President Jacob Zuma is still under pressure to state his country’s stand regarding Bashir’s indictment.

Human rights organisations want Zuma to categorically state that he is not party to the AU decision. The agitators include Archbishop Desmond Tutu; Richard Goldstone, former chief prosecutor of the International Criminal Tribunal for Rwanda and former Yugoslavia; and Dumisa Ntsebeza, a member of the international commission of inquiry on Darfur appointed by the UN.

Cases before the ICC

Thomas Lubanga

Thomas Lubanga

On 17 July 1998, 120 states adopt the Rome Statute, which sets up the International Criminal Court. The Rome Statute became operational on 1 July 2002 after ratification by 60 countries.

The ICC is joined by 109 countries. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings were undertaken to shield a person from criminal responsibility.

To date, three States Parties to the Rome Statute – Uganda, the DR Congo and the Central African Republic – have referred cases on their territories to ICC. In addition, the Security Council has referred the situation in Darfur, Sudan – a non-State Party.

In Uganda’s case; The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen is currently being heard before Pre-Trial Chamber II. In this case, five warrants of arrest have been issued against the five top members of the Lords Resistance Army. Following the confirmed death of Mr Lukwiya, the proceedings against him were terminated. The four are still at large.

For DR Congo, there are three cases: The Prosecutor v. Thomas Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda; and The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui. Two cases are at the pre-trial stage, while the proceedings against Lubanga are at the trial stage. Lubanga, Katanga and Ngudjolo are in the ICC custody. Ntaganda is still at large.

In Darfur, there are three cases before Pre-Trial Chamber I: The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”); The Prosecutor v. Omar Hassan Ahmad Al Bashir and suspect Bahr Idriss Abu Garda appeared voluntarily for the first time before Pre-Trial Chamber I on 18 May 2009. He is not in custody. The three other suspects remain at large.

In the Central African Republic, the case; The Prosecutor v. Jean-Pierre Bemba Gombo is at the pre-trial stage and is currently being heard before Pre-Trial Chamber II.
Profile: Luis Moreno-Ocampo

Luis Moreno-Ocampo was born on June 4th, 1952 in Argentine. A lawyer by training, Ocampo has been Prosecutor of the ICC since June 16th 2003. He previously worked as a prosecutor in Argentina, combating corruption and prosecuting human rights abuses by senior military officials.

Ocampo graduated from the University of Buenos Aires Law School in 1978. From 1980 to 1984 he worked as a law clerk in the office of the Solicitor General.

1984-1992, Ocampo was a prosecutor in Argentina. He first came to public attention in 1985, as Assistant Prosecutor in the “Trial of the Juntas.” The first time since the Nuremberg Trials those senior military commanders were prosecuted for mass killings. Nine senior commanders, including three former heads of state, were prosecuted and five of them were convicted.

He served as District Attorney for the Federal Circuit of the City of Buenos Aires 1987-1992 during which time he prosecuted the military commanders responsible for the Falklands War. In 1987, he helped USA prosecutors extradite Gen. Guillermo Suárez Mason to Argentina.

He resigned in 1992 and established a private law firm, Moreno-Ocampo & Wortman Jofre. He represented the victims in extradition proceedings against Nazi war criminal Erich Priebke, and also in the trial of the murderer of Chilean General Carlos Prats.