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Potential visit of Sudanese President Omar al-Bashir to Uganda: Latest Public Statements

11 May 2011

Dear all,

It was reported that the Government of Uganda allegedly extended an invitation to President Omar al-Bashir of Sudan to attend President Yoweri Museveni's swearing in on Thursday 12 May 2011.

This message includes a public letter from Coalition Convenor William R. Pace to Ugandan President Yoweri Museveni regarding this potential visit (I), a press statement issued jointly by HURINET-Uganda and the Uganda Coalition for the ICC reacting to these developments (II), and related news coverage (III).

President al-Bashir is under two ICC arrest warrants for genocide, crimes against humanity and war crimes allegedly committed in Darfur. Uganda is a state party to the Rome Statute of the ICC - the founding treaty of the first permanent international court capable of trying perpetrators of genocide, crimes against humanity, and war crimes. By welcoming al-Bashir on its territory and failing to arrest him, Uganda would violate its obligation to cooperate fully with the Court.

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.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. COALITION CONVENOR LETTER TO UGANDAN PRESIDENT YOWERI MUSEVENI

1. "Letter to President Yoweri Museveni of Uganda on the potential visit of Sudanese President Omar al-Bashir", Coalition for the International Criminal Court, 9 May 2011, http://www.coalitionfortheicc.org/documents/CICC_letter_to_HE_Museveni_on_Bashir.pdf

"Excellency,

I am writing to you on behalf of the Coalition for the International Criminal Court, a global network of more than 2500 member NGOs in 150 countries. This includes over 800 African NGOs in more than 50 African countries, advocating for a fair, effective and independent International Criminal Court and increased access to justice for victims of crimes against humanity, genocide and war crimes.

It has come to our attention that Sudanese President Omar al-Bashir has been invited to attend your inauguration on May 12, 2011. While his plans to attend remain unconfirmed, we would like to take this opportunity to urge your government to reiterate its commitment to cooperating with the International Criminal Court (ICC).

Al-Bashir is wanted by the ICC on charges of war crimes, crimes against humanity, and genocide. As a state party to the Rome Statute, Uganda has legal obligations to cooperate with the Court, including by arresting and surrendering al-Bashir if he visits Uganda.

At the 2010 Review Conference of the Rome Statute, the Ugandan government pledged to "undertake activities to promote increased awareness on the activities of the ICC at national level, commit to improve legal training and capacity building on the Statute with the national judicial and education system, and development of legislation on victim and witness protection geared towards fulfilling implementing obligations under the Statute."

Bearing in mind the past support and cooperation that you and your government have shown towards the Court, we strongly encourage you and your government to reaffirm its commitment to the Rome Statute of the ICC by stating that Uganda is obligated to arrest al-Bashir and surrender him to the Court if he enters Ugandan territory. An undeterred visit by al-Bashir to Uganda would undermine the letter and spirit of the Rome Statute as well as call into question your government's commitment to justice and the fight against impunity and risks bringing controversy to your inauguration. Instead, a principled stand by Uganda would send a strong signal to war victims from Darfur that their right to justice is being respected. We urge your government to respect Uganda's legal obligations and victims' rights.

Sincerely,
William R Pace

Cc:
Hon. Sam Kuteesa, Minister of Foreign Affairs
Hon. Khiddu Makubuya, Attorney General- Minister of Justice
Richard Buteera, Director of Public Prosecutions
Major General Edward Kalekezi Kayihura, Inspector General, Uganda Police Force"

II. HURINET/UCICC MEDIA RELEASE

1. "Visit of President Omar Al Bashir to Uganda", HURINET/Uganda Coalition on the ICC (UCICC) Joint Press Release, 10 May 2011, http://www.coalitionfortheicc.org/documents/HURINET_UCICC_Bashir_possible_visit_to_Uganda.pdf

"Human Rights Network-Uganda, (HURINET-U) and the Uganda Coalition on the International Criminal Court (UCICC) are dismayed to learn that Government of Uganda had extended invitation to President Omar Al Bashir of Sudan to attend President Yoweri Museveni's swearing in on Thursday May 12, 2011. This development was expressed in Sudan's Official News Agency (SUNA), 9 May 2011.

Uganda is a State Party to the Rome Statute of the International Criminal Court. The country has also domesticated the Rome Statute of the ICC by enacting the ICC Act-2010; which has provisions that set out obligations for close cooperation with the court with regard to arrest and Surrender of persons on who arrest warrants have been issued. Further the United Nations Security Council (UNSC) Resolution 1593 that referred the Darfur situation to the ICC imposes obligations on all UNSC members to arrest and surrender all persons including President Bashir. Aware of these obligations, Uganda should not have invited Bashir unless she wants to arrest him.

Article 27 of the Rome Statute disregards the official capacities of Heads of state and states that immunities of Heads of States are of no consequence to the court's processes. Uganda also has obligations under the Constitutive Act of the African Union that obliges states to take measures to fight impunity; this is in addition to obligations under the Great Lakes Protocols that call upon states to arrest and Surrender Persons who may have committed serious crimes.

Inviting an international criminal suspect to Uganda not only betrays the fight against impunity which Uganda has for long championed but also betrays the concerns and interests of the Victims of the most heinous crimes. Besides, inviting such an international criminal suspect wanted by the ICC makes a mockery of the swearing in ceremony which is supposed to be an historic event ushering in a democratic process.

This action by Uganda portrays a systematic trend by some African States that have failed to cooperate with the Court. Bashir has recently visited Djibouti, Kenya and Chad. The ICC must nip in the bud such practice by invoking Article 87(7) of the Rome Statute and referring states like Djibouti and others to the Assembly of States Parties. Failure to do so will only promote greater violations of the Statute and this must be stopped.

We therefore call upon Uganda to respect and fulfil her obligations under International Law;
- By revoking the invitation that has already been sent to President Bashir and making it clear that he would be arrested in case he steps foot in the country just like Botswana and South Africa have on previous occasions done.
- Arrest and surrender President Omar Hassan Al-Bashir to the ICC in the unfortunate event that he attends the swearing in ceremony in Kampala
- Take her international obligations seriously and continue to cooperate with the Court."

III. RELATED NEWS AND OPINIONS

1. "Bashir invited to swearing-in ceremony Tuesday" by Barbara Among, New Vision, 10 May 2011, http://www.newvision.co.ug/D/8/13/754445

2. "Uganda's Museveni invites Sudanese president to his swearing-in ceremony", Sudan Tribune, 9 May 2011, http://www.sudantribune.com/Uganda-s-Museveni-invites-Sudanese,38843


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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