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Zambia/Al Bashir: Press Release by Civil Society; Joint Letter to the President; and Related News Coverage

16 Dec 2010

Dear All,

It was previously reported that Sudanese President Omar Al-Bashir had been invited to a special summit of the International Conference on the Great Lakes Region and that he was planning to attend the Summit. Last week, the Zambian Minister of Information and Broadcasting told the media that Zambia would not execute the arrest warrant against Al-Bashir, in compliance with the African Union decision calling for non-cooperation in his arrest. As of today, we have received reports that Al-Bashir has changed his plans, and that the Sudanese Foreign Minister will attend in his place.

President Al-Bashir is subject to two warrants issued by the International Criminal Court (ICC) for war crimes, crimes against humanity, and genocide.

Civil society in Zambia has been active in advocating against a visit by President Al-Bashir and called on the Zambian government to arrest him should he travel to Zambia, recalling that as a party to the Rome Statute, Zambia is obliged to cooperate with the ICC, including through the execution of arrest warrants.

This message contains a press release issued by Human Rights Watch and 29 other civil society organizations in Africa urging the government of Zambia to arrest Al-Bashir if he arrived in the country (I), a joint letter issued to the office of the President and other high-level Zambian officials (II) and related news coverage (III).

Please also take note of the Coalition's policy on situations before the ICC (below). 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.

For additional information you may refer to the Coalition's website at www.coalitionfortheicc.org

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. COALITION MEMBERS PRESS RELEASE

“Zambia: Civil Society Groups Urge Arrest of al-Bashir”, joint statement by Human Rights Watch and 29 others, 13 December 2010, http://www.hrw.org/en/news/2010/12/13/zambia-civil-society-groups-urge-arrest-al-bashir

“The Zambian government should make clear that President Omar al-Bashir of Sudan will be arrested if he travels to Zambia, African civil society organizations and international organizations with a presence in Africa said in a letter to the Zambian president made public today.

News reports indicate that al-Bashir may travel to Zambia to attend the special summit of the International Conference on the Great Lakes Region to be held on December 15, 2010, in Lusaka. Al-Bashir is subject to two warrants issued by the International Criminal Court (ICC) for crimes committed in Darfur, including war crimes, crimes against humanity, and genocide.

‘Zambia has an obligation to assist the ICC in enforcing its outstanding warrants against al-Bashir,’ said Lee Habasonda, director of the Southern African Centre for the Constructive Resolution of Disputes. ‘If al-Bashir is granted entry into Zambia and then not arrested, it would send the wrong signal to victims in Darfur.’

Zambia is a state party to the ICC. The court’s treaty, the Rome Statute, requires states to cooperate with the court, which includes the execution of arrest warrants….

Al-Bashir's travels have recently been curtailed amid calls for his arrest. Early in December, al-Bashir canceled a scheduled trip to the Central African Republic for independence celebrations in Bangui. Anticipated travel by al-Bashir to Kenya was forestalled in October with the relocation of an Intergovernmental Authority on Development meeting from Nairobi to Addis Ababa.”

II. MEMBERS’ LETTER TO ZAMBIAN PRESIDENT

“Zambia: Civil Society Concerned over Possible Visit by President Omar al-Bashir”, joint NGO Letter to President Rupiah Banda, 13 November 2010, http://www.hrw.org/node/94956

“His Excellency Hon. Rupiah Banda
President of the Republic of Zambia
State House
Lusaka, Zambia

Your Excellency,

We, the undersigned organizations, are seriously concerned over reports of a possible visit to Zambia by Sudanese President Omar al-Bashir-sought by the International Criminal Court (ICC) on charges of crimes committed in Darfur-to attend the Special Summit of the International Conference on the Great Lakes Region to be held on December 15 in Lusaka.

President al-Bashir is subject to two arrest warrants issued by the ICC for atrocities committed in Darfur, Sudan. He is charged with having committed war crimes, crimes against humanity, and genocide. Authorizing President al-Bashir to visit Zambia without executing these warrants would be a failure on the part of Zambia to uphold its obligations as a party to the International Criminal Court. It would also send damaging signals to victims of mass atrocity in Darfur and globally, and undermine Zambia's credibility on issues of justice….

The Zambian government recently participated in a session of the Assembly of States Parties to the ICC, during which official statements and discussions included focus on strengthening state cooperation with the court and avoiding situations of non-cooperation, including visits by President al-Bashir. This year, the Zambian government also attended the International Criminal Court's Review Conference, which took place in Kampala, Uganda from May 31 to June 11. At the conference, Zambia submitted a concrete pledge to the court to take steps to ratify the Agreement on Privileges and Immunities of the ICC.

Some officials have cited an African Union (AU) decision calling for non-cooperation in the arrest of President al-Bashir as grounds for welcoming him into their territory without arrest. However, such action would still constitute a failure to uphold Zambia's obligations as a state party to the ICC. Moreover, an AU decision on the ICC at the Union's most recent summit in July recognizes the need for ICC members to balance AU obligations with commitments under the court's Rome Statute….

For all of these reasons, we urge the Zambian government to clearly affirm its commitment to cooperate with the ICC, as states such as South Africa, Uganda, and Botswana have done, and clarify that President al-Bashir will be arrested should he enter Zambia. This will be an important show of respect for victims of atrocities in Darfur, as well as a demonstration of Zambia's commitment to end impunity.”

Sincerely,
Human Rights Watch and 29 other members of African Civil Society

III. RELATED NEWS & OPINIONS

1. “Sudan's president, wanted for war crimes, to skip Zambia summit; foreign minister to attend”, AP/Los Angeles Times, 14 December 2010, http://www.latimes.com/news/nationworld/wire/sns-ap-af-zambia-sudan,0,5103025.story
2. “Zambia: Sudan’s Al-Bashir shuns Lusaka Summit”, Lusaka Times, 13 December 2010, http://www.lusakatimes.com/2010/12/13/sudans-albashir-shuns-lusaka-summit/
3. “Sudanese president will not attend Zambia summit”, by Lewis Mwanangombe, AP, 13 December 2010, http://www.miamiherald.com/2010/12/13/1971405/zambia-invites-sudan-leader-wanted.html
4. “Sudanese president will not attend regional summit in Zambia”, Sudan Tribune, 13 December 2010, http://www.sudantribune.com/Sudanese-president-will-not-attend,37255
5. “Zambia: Sudan President’s invitation to summit questioned”, by Belinda Phiri, Afrik News, 13 December 2010, http://www.afrik-news.com/article18552.html
6. “Zambia won’t arrest and surrender Sudan’s Bashir to ICC”, by Nasongo Willy, Alshahid, 13 December 2010, http://english.alshahid.net/archives/16194
7. “Zambia says Sudanese president should not fear arrest on its territory”, Sudan Tribune, 12 December 2010, http://www.sudantribune.com/Zambia-says-Sudanese-president,37241
8. “Bashir hunters step up travel battle”, AFP, 12 December 2010, http://news.yahoo.com/s/afp/20101212/wl_africa_afp/sudandarfuriccun
9. “Zambia 'won’t surrender Bashir to ICC'”, by Elias Mbao, Africa Review, 12 December 2010, http://www.africareview.com/News/-/979180/1071076/-/i7jfdqz/-/
10. “Zambia: Arrest Al-Bashir, JCTR tells Rupiah”, Lusaka Times, 11 December 2010, http://www.lusakatimes.com/2010/12/11/arrest-albashir-jctr-tells-rupiah/
11. “Caritas official wants Zambia to arrest Sudanese president”, by Mwansa Pintu, Voices for Sudan/Catholic News Service, 11 December 2010, http://www.voicesforsudan.org/2010/12/caritas-official-wants-zambia-to-arrest-sudanese-president/
12. “Zambia: Al-Bashir will not be arrested – government spokesperson”, Lusaka Times, 11 December 2010, http://www.lusakatimes.com/2010/12/11/albashir-arrested-government/
13. “ICC prosecutor informs judges of possible visit by Sudan’s Bashir to Senegal & Zambia”, Sudan Tribune, 10 December 2010, http://www.sudantribune.com/ICC-prosecutor-informs-judges-of,37234

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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


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