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Darfur: Call from African Civil Society to African States; Al-Bashir's Failed Trip to Uganda; NAM and Al-Bashir and Other Relevant Information

13 Aug 2009

Dear all,

Find below information related to the International Criminal Court's investigation in Darfur, Sudan.

This digest includes media coverage on a call by African civil society to African state parties to the Rome Statute to recommit themselves to the ICC (I); Sudanese President Al-Bashir's canceled trip to Uganda (II); changing and emerging positions to Al-Bashir warrant from ICC and other states parties, African Muslim leaders and Non-Aligned Movement (III); analysis of President Obama's approach to Sudan (IV); and opinions and analyses(V).

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

CICC Secretariat
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I. AFRICAN CIVIL SOCIETY CALL FOR RECOMMITMENT TO ICC

"African Civil Society Urges African State Parties to the Rome Statute to Reaffirm Their Commitment to the ICC," Informal coalition of African civil society organizations, 30 July 2009, http://www.coalitionfortheicc.org/?mod=darfur

"Over 135 African civil society organizations issued an official statement, which is still ongoing, stating that African parties to the ICC must recommit themselves.

'Civil society across the continent has expressed concern about the AU decision. Ensuring that the determined steps to end impunity on our continent are not undermined requires a collective effort by all Africans. Instead of retreating from important achievements to date, we look to our governments to remain steadfast in their support for justice for victims of the worst crimes, including by reaffirming their commitment to cooperate with the ICC."

Note: The list of signatories is being updated daily.

II. AL-BASHIR'S CANCELED TRIP TO UGANDA FOR PARTNERSHIP CONFERENCE

i. "Museveni's Bashir Arrest Dilemma and the ICC," The Eastern African, 27 July 2009, http://www.theeastafrican.co.ke/news/-/2558/629636/-/r1onmbz/-/index.html

"Sudanese President Omar al-Bashir decision not to come to Kampala to attend the Smart Partnership Conference on July 26 gave Uganda's President Yoweri Museveni a way out of a situation that can only be described as the Devil's Alternative. He would have been damned if he arrested Bashir, and damned if he didn't. Despite the African Union's position on his indictment by the International Criminal Court, sensing that not all of its leaders will stand by him all the way, Bashir has limited his travels to countries not party to the Rome State under which the ICC was created..."

ii. "Uganda: Nation Came Close to War with Sudan," The Monitor, 2 August 2009,http://allafrica.com/stories/200908020007.html

"Uganda was warned by its neighbour, the semi-autonomous South Sudan, of grave consequences including war and instability, if it dared arrest indicted Sudanese leader, Omar El Bashir. Sunday Monitor has learnt from credible sources that a senior member of the Sudan People's Liberation Army/Movement jetted into Kampala carrying a letter from South Sudan president Salva Kirr Mayardit urgently asking President Yoweri Museveni to diffuse a situation created by Uganda's position that it could arrest and hand Bashir to the International Criminal Court (ICC) for trial for war crimes and crimes against humanity. The special envoy was Maj. Gen. Gier Chuang Aluong, the current minister for internal affairs of the Government of South Sudan. He arrived in Uganda on July 14 and had a meeting with President Museveni in the evening of the same day, literally entering State House just as President. Museveni concluded an uncomfortable session with Luis Moreno Ocampo, the chief prosecutor of the ICC...

Gier said Uganda may turn into Somalia with suicide bombers making security difficult and 'there was the risk of war if Bashir was facing arrest' said one source with close ties to the South Sudan political establishment."

iii. "Museveni Gives Bashir Fresh Invitation to Kampala," The Daily Monitor, 29 July 2009, http://www.monitor.co.ug/artman/publish/news/Museveni_gives_Bashir_fresh_invitation_to_Kampala_88778.shtml

"President Museveni yesterday said the fighting groups in Sudan's Darfur region can meet in Kampala and make peace. Launching the African SMART Partnership Peace Hub at Speke Resort Hotel Munyonyo, Mr Museveni also warned the International Criminal Court (ICC) against frustrating efforts to bring peace to the troubled area...

'Even if they don't agree with us, even if we are not of the same ideological thinking we shall allow them to meet here and negotiate at the peace hub,' the President said.

'Like this situation in Darfur, we shall invite them to come and negotiate and I hope the ICC does not come and tell us to arrest anyone.' The comments were Mr Museveni's first after a near diplomatic crisis two weeks ago when the government sent conflicting messages about how it would act had Sudanese President Omar Bashir decided to honour an invitation to attend the dialogue."

iv. "Sudan's Bashir Absent from Uganda Summit," Sudan Tribune, 27 July 2009, http://www.sudantribune.com/spip.php?article31948

"The Global 2009 Smart Partnership Dialogue conference started in Uganda without the presence of the Sudanese president Omer Hassan Al-Bashir despite being invited. in the days leading up to the summit Ugandan official went back on forth on their position regarding the presence of Al-Bashir on its soil... The controversy started when the Ugandan state minister for international relations, Henry Okello Oryem suggested that there is a possibility that his government would execute the outstanding arrest warrant for Bashir if he visits...

Afterwards Ugandan officials sought to distance themselves from Oryem's remarks including president Musievini who reportedly phoned Bashir to apologize. It turned out that Uganda has agreed with Sudan that Bashir would send another official to attend in his place 'to avoid a diplomatic incident' according to Ugandan East Africa and Regional Affairs Minister Isaac Musumba."

III. SOUTH AFRICA AND OTHER STATES ON AL-BASHIR ARREST; NON-ALIGNED MOVEMENT, AFRICAN MUSLIM LEADERS' POSITION

i. "South Africa Reverses Course on ICC Warrant for Bashir," Sudan Tribune, 31 July 2009, http://www.sudantribune.com/spip.php?article31986

"Sudanese president Omer Hassan Al-Bashir will be arrested if he sets foot in South Africa, a foreign ministry official in Pretoria said today...The South African Foreign ministry director-general Ayande Ntsaluba said that his government does not agree with the issuing of the warrant, but 'we have certain international obligations'. 'Not only that, our Parliament passed a law' enforcing those obligations, Ntsaluba said. 'I cannot foresee the government acting outside the framework of the law. We would not renege on our international legal obligations.'...The new position by South Africa comes as more than 130 civil society and human rights groups across Africa issued a statement today calling on African governments that are signatories to reaffirm their commitment and obligation to the ICC. 'The AU's decision that states should not cooperate with the ICC threatens to block justice for victims of the worst crimes committed on the continent,' said James Gondi of the Eastern Africa International Criminal Justice Initiative in Nairobi."

ii. "Divisions Emerge Over Arrest of Bashir," IWPR, 23 July 2009, http://www.iwpr.net/?p=acr&s=f&o=354642&apc_state=henpacr

"Divisions have surfaced in the Ugandan government over whether to press for the arrest of Sudanese president Omar al-Bashir, who has been indicted by the International Criminal Court, ICC, for war crimes....A source close to the government, who spoke to IWPR on condition of anonymity, said that Bashir cancelled the trip at the suggestion of Ugandan president Yoweri Museveni, who wanted to avoid an internationally prickly situation... James Aken, a member of the parliament from Northern Uganda, says that if Uganda were to take action against Bashir 'it would throw the region into instability.' Uganda and Sudan have suffered a somewhat acrimonious relationship over the years, with each side allegedly funding the rebel insurgency in the other country.' The situation is made even more delicate by the fact that, in 2010, Uganda will host the first review discussion of the Rome Statute, which set up the ICC.' If Uganda is seen to be too supportive of the African Union's position, then it is quite possible that this might provoke a change of venue,' said William Schabas, director of the Irish Centre for Human Rights."

iii. "Ghana Will Not Arrest Al-Bashir," The Statesman, 5 August 2009, http://www.thestatesmanonline.com/pages/news_detail.php?newsid=8770&section=1

"The Minister of Foreign Affairs and Regional Integration, Alhaji Muhammad Mumuni, has emphasized that Ghana will not arrest Omar Hassan Ahmad Al Bashir, the Sudanese President if he is to visit the country. According to him, although Ghana highly respects the International Criminal Court, which issued the arrest warrant for the Sudanese President for his alleged atrocities in Darfur, the country cannot abide by that order....Answering questions at the weekly meet the press series in Accra, Alhaji Mumuni explained that Ghana's decision not to arrest Mr Al Bashir was tied to the stand of the African Union, which it is a member state... Alhaji Mumuni indicated that President Al Bashir is a sitting President of a sovereign country and his immunity has to be respected. But quickly added that despite Ghana's stand on the ICC arrest warrant, the country does not approve of impunity."

iv. "China Opposes Bashir Arrest," The Monitor, 6 August 2009, http://allafrica.com/stories/200908060018.html

"The Chinese envoy yesterday said the International Criminal Court was wrong to interfere with the peace keeping process in Sudan. While addressing the media in Kampala yesterday, Mr Liu Guijin, said: 'It is a wrong choice by ICC to issue an arrest warrant against President Omar al-Bashir at this time.' 'We issued a statement that when the ICC wants to get involved in the Darfur issue, then it must get consent from the Sudan government which is a sovereign state and should also give contribution to the Darfur people,' he added. China is one of the five permanent member states on the UN Security Council. Other states include France, Russia, UK and US. The ambassador said President Bashir is still in power and so the ICC had no right to interfere with him because it would lead to more bloodshed."

v. "China Urges Security Council to Suspend ICC Indictment of Sudanese Leader," Xinhua News, 1 August 2009, http://news.xinhuanet.com/english/2008-08/01/content_8891113.htm

"China on Thursday urged the UN Security Council to suspend the International Criminal Court (ICC)'s indictment of Sudanese President Omar Hassan al-Bashir. China's UN Ambassador Wang Guangya made the appeal after the 15-member body adopted a resolution extending the mandate of the UN-African Union peacekeeping operation in Darfur (UNAMID), which expires Thursday. In the resolution, the council also took note of the African Union's July 21 communique as well as its concerns 'regarding potential developments subsequent to' ICC Prosecutor Luis Moreno-Ocampo's request for al-Bashir's arrest. Wang said the parties involved in the Darfur peace process are currently engaged in vigorous political efforts to resolve the issue, and that no headway would be possible without the full cooperation of the Sudanese government. 'The proposed indictment of the Sudanese leader by the ICC prosecutor is an inappropriate decision made at an inappropriate time,' Wang said. 'It will seriously undermine the mutual political trust and cooperation between the UN and the Sudanese government.' China is of the view that...ICC indictment of the Sudanese leader will only derail the process for resolving the Darfur issue and even render useless all the efforts made so far for the proper settlement of the issue,' Wang emphasize. 'China supports the reasonable request by the African Union and other organizations for the council to take early measures in accordance with the relevant provisions to suspend ICC's indictment of the Sudanese leader,' he said."

vi. "Non-Allied Movement Condemns ICC Moves Against Sudan and Calls on Donors to Abide by Their Commitments to Boost CPA Implementation," Sudan Media Center, 17 July 2009, http://english.smc.sd/enmain/entopic/?artID=18285

"The...Non Allied Movement has declared its denunciation of the moves of the International Criminal Court (ICC) against Sudan and referred to the serious negative impacts of the ICC moves on the peace process in Sudan. The summit called on the donors to abide by their commitments to boost the implementation of the Comprehensive Peace Agreement (CPA). The Non Allied Movement asserted the necessity of respect to Sudan sovereignty and unity and demanded refrain from intervention in its internal affairs...."

vii. "African Muslims to Launch Parallel Probe into Darfur Conflict," Xinhua News, 3 August 2009, http://news.xinhuanet.com/english/2009-08/03/content_11819604.htm

"African Muslim leaders on Monday launched parallel investigations into Sudan's restive Darfur region where a six-year fighting has left thousands of people dead and millions others displaced. Addressing a news conference in Nairobi, the Muslim leaders from Kenya, Uganda, Tanzania, Rwanda, Burundi and the Democratic Republic of Congo (DRC) said the independent investigations into the Darfur conflict would begin immediately as a way of finding Africa's homegrown solutions to its problems.

'We undertaken to talk with the major parties to the conflict and its victims and open communication channels between them in order to find out the real issues and then give our collective advice as Muslims of the region,' Sheikh Hammad Kassim Mazrui, the Chief Kadhi of Kenya told journalists... Mazrui who led other Heads of the Islamic faith from the Great Lakes region said the team would also investigate the ramifications of the International Criminal Court (ICC) on Africa with reference to the Darfur conflict.

'As religious leaders with extensive experience in peace making in other parts of the region, we must take a lead and initiate missions to bring peace in Darfur and the wider region, to the exclusion of undue external interference,' Mazrui said."

IV. THE UNITED STATES AND SUDAN

i. "US Says Relations Improving With Sudan," Sudan Tribune, 20 July 2009, http://www.sudantribune.com/spip.php?article31867

"Gration who is on a ten day visit to Sudan met today with the presidential adviser Ghazi Salah Al-Deen who is handling the dossier of relations with Washington. Sudan wants full normalization of ties including upgrading diplomatic relations, lifting of economic sanctions imposed since 1997 and being removed from the list of countries that sponsor terrorism. US officials who visited Sudan since President Obama took office appeared to suggest that these demands are on the table depending on improvement with regard to the Darfur crisis and the North-South peace agreement."

ii. "Lawmaker Reaffirms US Commitment to End Darfur Crisis," Sudan Tribune, 6 August 2009, http://sudantribune.com/spip.php?article32055

"US Congressman Keith Ellison paid a one-day visit to North Darfur state on Thursday where he reiterated United States determination to support efforts to end the six year conflict in the war ravaged region. Ellison met today with the state deputy governor, the head of Darfur peacekeeping mission, representatives of humanitarian agencies and visited Zam Zam Internally Displaced Persons (IDPs) camp, about 14 kilometers south of El-Fasher. In El Fasher where are the headquarters of the UNAMID, the Joint Special Representative, Union Rodolphe Adada briefed the visiting US lawmaker on progress made with regard to the mission's deployment, as well as the political, humanitarian, human rights and security situation in Darfur. During the meeting with UNAMID officials, the U.S. congressman pointed out that the issue of Darfur was one with which the U.S. Congress was very concerned and in which it continued to be engaged, adding that his visit was an attempt to assess the situation on the ground in Darfur... Sudan seeks to normalize ties with Washington and to end the economic sanctions imposed since 1993"

iii. "How Different is his Policy?" The Economist, 18 July 2009, http://www.economist.com/world/mideastafrica/displaystory.cfm?story_id=14038237

"Several of Mr Obama's closest advisers on Africa are known to be disgusted by the AU's refusal to isolate-let alone encourage the arrest of-Omar al-Bashir, Sudan's leader, who has been indicted on charges of war criminality...

'We will stand behind efforts to hold war criminals accountable,' he said, without naming names. He failed to deplore the AU's reluctance to co-operate with the International Criminal Court at The Hague, where Mr Obama hopes Mr Bashir will be sent...Susan Rice, his ambassador to the UN, and Samantha Power at the National Security Council, have in the past urged more robust action to deter Mr Bashir over Darfur. But Mr Obama's new envoy to the conflict zone, Scott Gration, is seeking diplomatic engagement. It was under Mr Bush's watch that a separate peace accord was hatched between the Sudanese government and a rebel movement in the south that may be offered the option of secession following a referendum promised for 2011. Mr Obama may well be called on to help sort out that mess if conflict breaks out again, as many fear, within the next year or so."

iv. "Is Darfur Still a 'Genocide'? Sudan Envoys Say Call it What you Want," Politics Daily, 30 July 2009, http://www.politicsdaily.com/2009/07/30/is-darfur-still-a-genocide-envoy-says-call-it-what-you-want/

"One of the most contentious issues came down to a label -- genocide. Does Darfur still qualify as a 'genocide' if the violence there has been muted after international intervention? 'It doesn't matter what we call it,' Gration told Sen. Roger Wicker (R-Miss.). 'We have people living in dire, desperate circumstances. We have women who fear for their lives, who have had their souls ripped out of them...I'm not going to get into a debate that doesn't have to happen.'...

But Gration told the senators he was also once a refugee himself, having fled from the Congo as a boy when his family lived there in the 1960's. 'I know what it's like to live in another person's attic,' he said. 'I've lived in another person's clothes.'

In the end he said, 'We want only what is best for the Sudanese people...As Gration spoke to the senators, the United Nations in New York voted to extend its peacekeeping mission in Sudan. Sudan's president, Omar al-Bashir, remains wanted by the International Criminal Court for implementing 'a plan to destroy' portions of Sudan's Darfur region."

v. "Darfur Activists Worry of US Easing on Sudan," Taiwan News, 1 August 2009, http://www.etaiwannews.com/etn/news_content.php?id=1019560&lang=eng_news

"Darfur activists are concerned that the latest comments by the Obama administration's special envoy for Sudan are a sign the United States is easing pressure on Khartoum. They are also expressing impatience over the administration's delay of a policy review on Sudan after President Barack Obama's promise as a candidate of immediate action on Darfur. On Thursday, the special envoy, Scott Gration, appeared to argue for easing sanctions when he told lawmakers at a Senate hearing that there is no evidence to back up the U.S. designation of Sudan as a state sponsor of terrorism. He said that the sanctions were hindering his work and called the terrorism designation 'a political decision.'

On Friday, the State Department said that it still considers Sudan a sponsor of terrorism.' Gration believes that the violence that has killed up to 300,000 people and displaced 2.7 million has subsided. Those comments have provoked outrage among some activists. Immediately after the hearing, John Norris, the executive director of the Enough Project, an anti-genocide advocacy group said the comments sent the wrong signal. 'I am sure his statements will be received with something akin to glee in Khartoum,' he said. Indeed, the Sudanese government on Friday called Gration's comments on the terrorism list a 'positive signal.'

'The Darfuris who I talk to are beside themselves with worry about these statements by Gration,' said Eric Cohen, the chair of the Massachusetts Coalition to Save Darfur. 'Time after time, he seems to be speaking the lines of the Sudanese government.'

V. OP-EDS AND ANALYSES

i. "Bashir, a Test for Museveni," The Monitor, 18 July 2009, http://www.monitor.co.ug/artman/publish/inside_politics/Bashir_a_test_for_Museveni_88258.shtml

'Government has given contradicting positions on the arrest warrant against Sudan President Omar El Bashir. We saw last week Foreign Affairs Minister Sam Kutesa saying Uganda will not arrest Bashir, then a few days later his deputy Okello Oryem saying he could be arrested if he comes to Uganda. Later, President Museveni reportedly called President Bashir to apologise saying the comments by Oryem didn't represent his government position. What do these contradictions mean?...'

ii. "Why Uganda Would Arrest Bashir," The Observer, 29 July 2009, http://www.observer.ug/index.php?option=com_content&view=article&id=4472:dismas-nkunda-why-uganda-would-arrest-president-bashir&catid=93:columnists&Itemid=63

'Time and again I hear and read that Uganda is inviting President Omar Bashir to Uganda. While that might sound good in the ears of the diplomats; it's sour in the ears of the legal experts. Here is why Bashir cannot and should not be invited in Uganda. First, when diplomacy and legal obligation clash then we need to take the latter much more seriously. Bashir, even if he is a seating head of state, he has a warrant of arrest issued on him by the International Criminal Court (ICC). The Rome statute to which Uganda is a party obligates all state parties to cooperate with matters relating to the court including arresting an individual whether head of state or not. That is precisely what Uganda has been wanting all this time when we referred the case of Lord's Resistance Army to the ICC.'