News

President Al-Bashir's visit to Kenya: Continued news coverage, reports and statements

17 Sept 2010

Dear all,

Please find below continued news coverage and statements related to Sudanese President Omar Al-Bashir's visit to Kenya.

On 27 August 2010, President Al-Bashir attended the signing of Kenya's new constitution despite the issuance of two arrest warrants by judges of the International Criminal Court for charges of crimes against humanity, war crimes and genocide committed in Darfur in 2003 and 2004. As a State Party to the Rome Statute and member of the United Nations, Kenya is under obligation to arrest and surrender Al-Bashir to the Court when he enters the country's territory. As a result, ICC Pre-Trial Chamber I formally informed the United Nations Security Council and the Assembly of States Parties of the visit "in order for them to take any measure they may deem appropriate." CICC members also called on the Government of Kenya to arrest and surrender Al-Bashir to the ICC.

This message includes the latest press release issued by the European Parliament on this regard, (I), an Enough Project report on the continuing situation in Darfur (II), and other related news and opinions (III).

For additional information and related CICC members' media statements you may refer to the Coalition's website at http://www.coalitionfortheicc.org/?mod=darfur#20

Please also 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.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

*************************************
I. EUROPEAN PARLIAMENT PRESS RELEASE

"Human Rights: Kenya's Refusal To Arrest Al-Bashir, Jailing Of Syrian Activist," European Parliament Press Release, 9 September 2010, http://www.europarl.europa.eu/news/expert/infopress_page/015-81801-249-09-37-902-20100909IPR81800-06-09-2010-2010-false/default_en.htm

"...The European Parliament has criticised the invitation by the Kenyan authorities to Sudan's President Omar al-Bashir, who was able to attend the signing ceremony for the new Kenyan constitution without being troubled in any way. In a second resolution adopted in Strasbourg on Thursday, MEPs call for the release of Syrian human rights defender Haythan Al-Maleh.

Parliament expresses its regret at Kenya's decision to invite President Omar al-Bashir to attend the signing of the new Constitution on 27 August, since Mr al-Bashir has been the subject of an arrest warrant from the International Criminal Court (ICC) since March 2009 for crimes against humanity and war crimes.

The 31 African countries that have ratified the Rome Statute, including Kenya, are obliged to arrest any person who is wanted by the ICC and to deliver them to the Court or deny the person admission to their territory.

MEPs deplore the positions of the African Union and the Arab League, which are refusing to cooperate with the ICC. They call on the EU High Representative to ensure that this item is placed on the agenda at the next AU/EU Summit...."

II. ENOUGH PROJECT REPORT

"Neglecting Darfur," by Omer Ismail and Laura Jones, Enough Project, 13 September 2010, http://www.enoughproject.org/publications/neglecting-darfur

"Executive Summary: Although Darfur only rarely makes the headlines lately, the reality on the ground there continues to be defined by profound insecurity, limited humanitarian access, impunity for perpetrators of violence, and the absence of credible human rights reporting. In recent months, the failure of peace talks in Doha has led to increased fighting throughout the region. Meanwhile, the Sudanese government has proffered a plan for Darfur that, although couched in humanitarian terms such as "voluntary return" and "development," in fact amounts to a continued use of its political and military power to manipulate the region's resources and ensure that displaced Darfuris remain marginalized. The United Nations-African Union Mission in Darfur, or UNAMID, continues to be woefully inadequate as a provider of security, and access to basic services in many areas remains well below levels prior to the mass expulsion of 16 aid agencies from Darfur in March 2009.

Recent developments have done little to change the situation on the ground for the average Darfuri citizen and all signs point to a worsening situation in the near future. The Sudanese elections in April only empowered the ruling National Congress Party, or NCP, to pursue a military solution to the problem posed by the remaining rebel groups, and the Chad-Sudan rapprochement only briefly served to bring the main combatants to the table for a few months, after which the talks fell apart. The A.U.-U.N. Joint Mediation Support Team now seems primarily to be pursuing civil society engagement, which, while necessary, needs to be conducted in a more inclusive manner in order to be effective and should be viewed as complementary and responsive to a political solution, rather than as a replacement for one.

In the remaining months before South Sudan's referendum on independence, there is little doubt that international attention will remain focused on the North-South dynamic at the cost of Darfur-in fact, this has already been evidenced by the approach that international partners have taken to the peace negotiations in Doha. For most international actors, Darfur is being treated as a distraction from addressing North-South tensions in the lead-up to the referendum, even while many such as U.S. Secretary of State Hillary Clinton acknowledge that the situation in Darfur is, "dangerous, difficult, not stable." International actors need to recognize that a policy of focusing on one area at the expense of another only encourages behavior on the part of the NCP that will have negative consequences for all of Sudan. The United States and its partners should therefore refocus their attention on pursuing a political solution to the conflict in Darfur while concurrently engaging civil society at the grassroots level, and should take greater steps to both ensure the protection of civilians in the region and work towards justice and accountability. If the United States and its international partners don't start engaging in Darfur in a smarter, more productive manner, it is likely that the ones who will pay the highest price are the Darfuris themselves...."

III. RELATED NEWS AND OPINIONS

1. "Omar al-Bashir tarnishes Kenya's landmark day", by Xan Rice (The Guardian), 27 August 2010, http://www.guardian.co.uk/world/2010/aug/27/omar-al-bashir-war-crimes-kenya

2. "Uganda: Rwanda Defends Kenya On Bashir", by David Kezio-Musoke (The Monitor, Uganda/AllAfrica), 2 September 2010, http://allafrica.com/stories/201009020439.html

3. "Embassy Row: Kenya's Defense", by James Morrison (Washington Times), 2 September, 2010, http://www.washingtontimes.com/news/2010/sep/2/embassy-row-601397295/

4. "Kenya pushes back over war crimes suspect's visit" (Antigua Observer/CNN), 2 September 2010, http://www.antiguaobserver.com/?p=41592

5. "Khartoum regime leader arrival brings Kenya airport to a standstill", by Wolfgang H. Thome (eTurboNews), 2 September 2010, http://www.eturbonews.com/18275/khartoum-regime-leader-arrival-brings-kenya-airport-standstill

6. "Mushikiwabo Defends Kenya's Decision to Invite Bashir", by James Karuhanga(The New Times/AllAfrica), 3 September 2010, http://allafrica.com/stories/201009030321.html

7. "ICC to report Kenya to UN over its high-profile guest al-Bashir", by James Ratemo, Beauttah Omanga and Kipchumba Some (The Standard), 3 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000017041&cid=4

8. "UN Unlikely to Punish Kenya for Bashir Visit", by Kevin J Kelley (Daily Nation), 3 September 2010, http://www.nation.co.ke/News/UN unlikely to punish Kenya for Bashir visit/-/1056/1003280/-/22e943z/-/index.html

9. "Questions Over Kenya's ICC Commitment", by Geoffrey Nyamboga (IWPR), 3 September 2010, http://iwpr.net/report-news/questions-over-kenyaâs-icc-commitment

10. "Neighbours Ignore Warrant for Sudan Leader's Arrest", by Tajeldin Adam, Assadig Mustafa, Simon Jennings (IWPR), 3 September 2010, http://iwpr.net/report-news/neighbours-ignore-warrant-sudan-leaderâs-arrest

11. "We have come good with new ICC accord", Editorial (Daily Nation), 3 September 2010, http://www.nation.co.ke/oped/Editorial/We have come good with new ICC accord /-/440804/1003304/-/nq1q9m/-/

12. "African Union Dares the West in New Legal Thinking Over Al-Bashir's Visit" [opinion], by Peter Mwaura (Daily Nation), 3 September 2010, http://www.nation.co.ke/oped/Opinion/African Union dares the West in new legal thinking/-/440808/1003320/-/qspkxcz/-/index.html

13. "We Gave AU Chance to Slap ICC in the Face" [opinion], by Kwendo Opanga (Daily Nation), 4 September 2010, http://www.nation.co.ke/oped/Opinion/We gave AU chance to slap ICC in the face /-/440808/1003804/-/xhrtm9/-/index.html

14. "The ICC snubbed" [editorial], Japan Times, 4 September 2010, http://search.japantimes.co.jp/cgi-bin/ed20100904a1.html

15. "Kenya: Nation's Diplomatic Rubicon" [editorial], The East African/AllAfrica, 6 September 2010, http://allafrica.com/stories/201009060881.html

16. "Don't Pussyfoot With Bashir, Face Reality," by Muthoni Wanyeki, The East African, 6 September 2010,
17. http://www.theeastafrican.co.ke/opOrEd/comment/-/434750/1004180/-/item/1/-/c0o5vx/-/index.html

18. "Al-Bashir rains on Kenya's party," by Koert Lindijer, RNW, 6 September 2010, http://www.rnw.nl/international-justice/article/al-bashir-rains-kenyaâs-party

19. "Why Kenya chose to ignore warrants by ICC and sup with the devil," by Samantha Spooner and Charles Onyango-Obbo, The East African, 6 September 2010, http://www.theeastafrican.co.ke/news/-/2558/1003776/-/opeer0z/-/

20. "Annan questions Kenya's commitment to ICC," Legal Brief (South Africa), 7 September 2010, http://www.legalbrief.co.za/article.php?story=20100907100152102

21. "Forget Bashir Visit, Wetang'ula Tells Locals," by Walter Menya, Daily Nation, 7 September 2010, http://www.nation.co.ke/News/Foreign minister urges Kenyans to forget Bashir visit/-/1056/1005580/-/13xcf80/-/index.html

22. "Kenya lobbies the World over Bashir," by David Ochami, The Standard, 9 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000017990&cid=4&ttl=Kenya lobbies the World over Bashir

23. "Do not support Bashir just because he's Muslim, says PM," by David Ochami, The Standard, 10 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000018138&cid=4

24. "Best international practice absolves Kibaki over the Al-Bashir visit," by Okiya Omtata Okoiti, Daily Nation, 10 September 2010, http://www.nation.co.ke/oped/Opinion/Best international practice absolves Kibaki/-/440808/1008218/-/n2hyd9z/-/

25. "EU Parliament plans Kenya censure over Bashir," by Peter Leftie, Daily Nation, 11 September 2010, http://www.nation.co.ke/News/EU Parliament plans Kenya censure over Bashir /-/1056/1008672/-/ohktiqz/-/

26. "Something's fishy about Bashir saga," by Oscar Mann, The East African, 13 September 2010, http://www.theeastafrican.co.ke/opOrEd/letters/-/434756/1009240/-/84h0mgz/-/

27. "The African Union, the International Criminal Court and al-Bashir's visit to Kenya", by Max du Plessis, TheAfrican.org, 15 September 2010, http://www.the-african.org/blog/?p=321

********************************************
CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands

English \|Espa�ol \|Fran�ais \|Arabic \|Browse documents by other languages Follow Us:


News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		President Al-Bashir's visit to Kenya: Continued news coverage, reports and statements 17 Sept 2010 Dear all, Please find below continued news coverage and statements related to Sudanese President Omar Al-Bashir's visit to Kenya. On 27 August 2010, President Al-Bashir attended the signing of Kenya's new constitution despite the issuance of two arrest warrants by judges of the International Criminal Court for charges of crimes against humanity, war crimes and genocide committed in Darfur in 2003 and 2004. As a State Party to the Rome Statute and member of the United Nations, Kenya is under obligation to arrest and surrender Al-Bashir to the Court when he enters the country's territory. As a result, ICC Pre-Trial Chamber I formally informed the United Nations Security Council and the Assembly of States Parties of the visit "in order for them to take any measure they may deem appropriate." CICC members also called on the Government of Kenya to arrest and surrender Al-Bashir to the ICC. This message includes the latest press release issued by the European Parliament on this regard, (I), an Enough Project report on the continuing situation in Darfur (II), and other related news and opinions (III). For additional information and related CICC members' media statements you may refer to the Coalition's website at http://www.coalitionfortheicc.org/?mod=darfur#20 Please also 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. Best regards, CICC Secretariat www.coalitionfortheicc.org *********************************** I. EUROPEAN PARLIAMENT PRESS RELEASE "Human Rights: Kenya's Refusal To Arrest Al-Bashir, Jailing Of Syrian Activist," European Parliament Press Release, 9 September 2010, http://www.europarl.europa.eu/news/expert/infopress_page/015-81801-249-09-37-902-20100909IPR81800-06-09-2010-2010-false/default_en.htm "...The European Parliament has criticised the invitation by the Kenyan authorities to Sudan's President Omar al-Bashir, who was able to attend the signing ceremony for the new Kenyan constitution without being troubled in any way. In a second resolution adopted in Strasbourg on Thursday, MEPs call for the release of Syrian human rights defender Haythan Al-Maleh. Parliament expresses its regret at Kenya's decision to invite President Omar al-Bashir to attend the signing of the new Constitution on 27 August, since Mr al-Bashir has been the subject of an arrest warrant from the International Criminal Court (ICC) since March 2009 for crimes against humanity and war crimes. The 31 African countries that have ratified the Rome Statute, including Kenya, are obliged to arrest any person who is wanted by the ICC and to deliver them to the Court or deny the person admission to their territory. MEPs deplore the positions of the African Union and the Arab League, which are refusing to cooperate with the ICC. They call on the EU High Representative to ensure that this item is placed on the agenda at the next AU/EU Summit...." II. ENOUGH PROJECT REPORT "Neglecting Darfur," by Omer Ismail and Laura Jones, Enough Project, 13 September 2010, http://www.enoughproject.org/publications/neglecting-darfur "Executive Summary: Although Darfur only rarely makes the headlines lately, the reality on the ground there continues to be defined by profound insecurity, limited humanitarian access, impunity for perpetrators of violence, and the absence of credible human rights reporting. In recent months, the failure of peace talks in Doha has led to increased fighting throughout the region. Meanwhile, the Sudanese government has proffered a plan for Darfur that, although couched in humanitarian terms such as "voluntary return" and "development," in fact amounts to a continued use of its political and military power to manipulate the region's resources and ensure that displaced Darfuris remain marginalized. The United Nations-African Union Mission in Darfur, or UNAMID, continues to be woefully inadequate as a provider of security, and access to basic services in many areas remains well below levels prior to the mass expulsion of 16 aid agencies from Darfur in March 2009. Recent developments have done little to change the situation on the ground for the average Darfuri citizen and all signs point to a worsening situation in the near future. The Sudanese elections in April only empowered the ruling National Congress Party, or NCP, to pursue a military solution to the problem posed by the remaining rebel groups, and the Chad-Sudan rapprochement only briefly served to bring the main combatants to the table for a few months, after which the talks fell apart. The A.U.-U.N. Joint Mediation Support Team now seems primarily to be pursuing civil society engagement, which, while necessary, needs to be conducted in a more inclusive manner in order to be effective and should be viewed as complementary and responsive to a political solution, rather than as a replacement for one. In the remaining months before South Sudan's referendum on independence, there is little doubt that international attention will remain focused on the North-South dynamic at the cost of Darfur-in fact, this has already been evidenced by the approach that international partners have taken to the peace negotiations in Doha. For most international actors, Darfur is being treated as a distraction from addressing North-South tensions in the lead-up to the referendum, even while many such as U.S. Secretary of State Hillary Clinton acknowledge that the situation in Darfur is, "dangerous, difficult, not stable." International actors need to recognize that a policy of focusing on one area at the expense of another only encourages behavior on the part of the NCP that will have negative consequences for all of Sudan. The United States and its partners should therefore refocus their attention on pursuing a political solution to the conflict in Darfur while concurrently engaging civil society at the grassroots level, and should take greater steps to both ensure the protection of civilians in the region and work towards justice and accountability. If the United States and its international partners don't start engaging in Darfur in a smarter, more productive manner, it is likely that the ones who will pay the highest price are the Darfuris themselves...." III. RELATED NEWS AND OPINIONS 1. "Omar al-Bashir tarnishes Kenya's landmark day", by Xan Rice (The Guardian), 27 August 2010, http://www.guardian.co.uk/world/2010/aug/27/omar-al-bashir-war-crimes-kenya 2. "Uganda: Rwanda Defends Kenya On Bashir", by David Kezio-Musoke (The Monitor, Uganda/AllAfrica), 2 September 2010, http://allafrica.com/stories/201009020439.html 3. "Embassy Row: Kenya's Defense", by James Morrison (Washington Times), 2 September, 2010, http://www.washingtontimes.com/news/2010/sep/2/embassy-row-601397295/ 4. "Kenya pushes back over war crimes suspect's visit" (Antigua Observer/CNN), 2 September 2010, http://www.antiguaobserver.com/?p=41592 5. "Khartoum regime leader arrival brings Kenya airport to a standstill", by Wolfgang H. Thome (eTurboNews), 2 September 2010, http://www.eturbonews.com/18275/khartoum-regime-leader-arrival-brings-kenya-airport-standstill 6. "Mushikiwabo Defends Kenya's Decision to Invite Bashir", by James Karuhanga(The New Times/AllAfrica), 3 September 2010, http://allafrica.com/stories/201009030321.html 7. "ICC to report Kenya to UN over its high-profile guest al-Bashir", by James Ratemo, Beauttah Omanga and Kipchumba Some (The Standard), 3 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000017041&cid=4 8. "UN Unlikely to Punish Kenya for Bashir Visit", by Kevin J Kelley (Daily Nation), 3 September 2010, http://www.nation.co.ke/News/UN unlikely to punish Kenya for Bashir visit/-/1056/1003280/-/22e943z/-/index.html 9. "Questions Over Kenya's ICC Commitment", by Geoffrey Nyamboga (IWPR), 3 September 2010, http://iwpr.net/report-news/questions-over-kenyaâs-icc-commitment 10. "Neighbours Ignore Warrant for Sudan Leader's Arrest", by Tajeldin Adam, Assadig Mustafa, Simon Jennings (IWPR), 3 September 2010, http://iwpr.net/report-news/neighbours-ignore-warrant-sudan-leaderâs-arrest 11. "We have come good with new ICC accord", Editorial (Daily Nation), 3 September 2010, http://www.nation.co.ke/oped/Editorial/We have come good with new ICC accord /-/440804/1003304/-/nq1q9m/-/ 12. "African Union Dares the West in New Legal Thinking Over Al-Bashir's Visit" [opinion], by Peter Mwaura (Daily Nation), 3 September 2010, http://www.nation.co.ke/oped/Opinion/African Union dares the West in new legal thinking/-/440808/1003320/-/qspkxcz/-/index.html 13. "We Gave AU Chance to Slap ICC in the Face" [opinion], by Kwendo Opanga (Daily Nation), 4 September 2010, http://www.nation.co.ke/oped/Opinion/We gave AU chance to slap ICC in the face /-/440808/1003804/-/xhrtm9/-/index.html 14. "The ICC snubbed" [editorial], Japan Times, 4 September 2010, http://search.japantimes.co.jp/cgi-bin/ed20100904a1.html 15. "Kenya: Nation's Diplomatic Rubicon" [editorial], The East African/AllAfrica, 6 September 2010, http://allafrica.com/stories/201009060881.html 16. "Don't Pussyfoot With Bashir, Face Reality," by Muthoni Wanyeki, The East African, 6 September 2010, 17. http://www.theeastafrican.co.ke/opOrEd/comment/-/434750/1004180/-/item/1/-/c0o5vx/-/index.html 18. "Al-Bashir rains on Kenya's party," by Koert Lindijer, RNW, 6 September 2010, http://www.rnw.nl/international-justice/article/al-bashir-rains-kenyaâs-party 19. "Why Kenya chose to ignore warrants by ICC and sup with the devil," by Samantha Spooner and Charles Onyango-Obbo, The East African, 6 September 2010, http://www.theeastafrican.co.ke/news/-/2558/1003776/-/opeer0z/-/ 20. "Annan questions Kenya's commitment to ICC," Legal Brief (South Africa), 7 September 2010, http://www.legalbrief.co.za/article.php?story=20100907100152102 21. "Forget Bashir Visit, Wetang'ula Tells Locals," by Walter Menya, Daily Nation, 7 September 2010, http://www.nation.co.ke/News/Foreign minister urges Kenyans to forget Bashir visit/-/1056/1005580/-/13xcf80/-/index.html 22. "Kenya lobbies the World over Bashir," by David Ochami, The Standard, 9 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000017990&cid=4&ttl=Kenya lobbies the World over Bashir 23. "Do not support Bashir just because he's Muslim, says PM," by David Ochami, The Standard, 10 September 2010, http://www.standardmedia.co.ke/InsidePage.php?id=2000018138&cid=4 24. "Best international practice absolves Kibaki over the Al-Bashir visit," by Okiya Omtata Okoiti, Daily Nation, 10 September 2010, http://www.nation.co.ke/oped/Opinion/Best international practice absolves Kibaki/-/440808/1008218/-/n2hyd9z/-/ 25. "EU Parliament plans Kenya censure over Bashir," by Peter Leftie, Daily Nation, 11 September 2010, http://www.nation.co.ke/News/EU Parliament plans Kenya censure over Bashir /-/1056/1008672/-/ohktiqz/-/ 26. "Something's fishy about Bashir saga," by Oscar Mann, The East African, 13 September 2010, http://www.theeastafrican.co.ke/opOrEd/letters/-/434756/1009240/-/84h0mgz/-/ 27. "The African Union, the International Criminal Court and al-Bashir's visit to Kenya", by Max du Plessis, TheAfrican.org, 15 September 2010, http://www.the-african.org/blog/?p=321 ****************************************** CICC's policy on the referral and prosecution of situations before the ICC: The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands