Malawi’s cabinet to deliberate allowing Sudanese president to attend AU summit

March 31, 2012 (WASHINGTON) – The government of Malawi appeared to be rethinking its position on allowing Sudanese president Omer Hassan al-Bashir to enter the country in July to attend the African Union (AU) summit hosted by Lilongwe.

Malawi is a member of the International Criminal Court (ICC) which has charged Bashir on ten counts of war crimes, crimes against humanity and genocide. The southern African nation is therefore theoretically obligated to arrest Bashir should he set foot on its territory.

But in October 2011, Malawi allowed Bashir to attend the meeting of the 19-member Common Market for Eastern and Southern Africa (COMESA) without apprehending him.

As a result, the ICC referred Malawi to the United Nations Security Council (UNSC) for refusing to arrest the Sudanese leader.

Malawi defended its position saying that receiving Bashir was on the basis of the fact that Sudan is not party to the ICC treaty, arguing that Article 27 of the Rome Statute, which “waives the immunity of the Heads of State and Government,” was not, therefore, applicable.

The UNSC referred the Darfur case to the ICC under a Chapter VII resolution in 2005 since Sudan is not a state party to the court.

Malawi further stated, “as a member of the African Union, [it] fully aligns itself with the position adopted by the African Union with respect to the indictment of the sitting Heads of State and Government of countries that are not state parties to the Rome Statute”.

Last week, the US announced that it is suspending $350 million allocated to Malawi through the Millennium Challenge Corporation (MCC) for reasons which included allowing Bashir to visit.

This week, the MCC’s deputy vice president for east and southern Africa, Andrew Moyock, warned Malawi that hosting Bashir for the upcoming AU summit will jeopardise its chances for unfreezing the aid.

“The ball is in Malawi’s court, we will wait and see how the matter will be handled,” Moyock said.

Malawi’s Minister of Natural Resources, Energy and Environment Goodall Gondwe recently said that his country desperately needs the grant considering how important it is to the energy sector.

The AU Regional Delegate to Southern Africa Salif Sada Sall told ‘Zodiak Online’ that Bashir should not be barred from attending.

“This African Union is a continental organization. People should know that African Union is an organization for the member states, if the injunction is coming from the ICC, International Criminal Court or something, it is ICC decision. It is outside there. It is not for us, they [Sudan] should attend as member of the African Union, finish,” he said.

But Malawi’s top diplomat suggested that the decision has yet to be taken.

“This is a big decision and the whole government machinery needs to sit down to decide whether to allow, deny entry or arrest al-Bashir if he comes again,” Malawi Foreign Minister Peter Mutharika told the Nation newspaper.

“I am just a foreign minister. I am too small for this. This is a big decision… Let’s wait and see what happens,” said the minister, who is a brother of President Bingu wa Mutharika and the ruling party’s candidate for 2014 elections.

According to ‘Malawi Today’ Mutharika said government is waiting for the list of all invited delegates from AU secretariat to confirm Sudanese leader’s invitation to the summit before determining the way forward on the matter.

“Why don’t we wait for the AU to make invitations? I am sure that once they make the invitations, they will show us the list. Then we will look at it.

“As far as I know, the invitations have not yet been sent out. We are just a host country,” said Mutharika.

On MCC, Mutharika said he was optimistic that the US will not terminate the suspended grant after June.

“I hope that I will talk with the [MCC Vice-President] shortly because we have been missing each other. They have given us until June to make certain adjustments, but we are already making a lot of progress.

(ST)