Sudan protests EU statements on Bashir’s visit to Kenya

August 31, 2010 (KHARTOUM) – The Sudanese foreign ministry today summoned the representative of the European Union (EU) in the country to protest statements slamming Kenya for failing to arrest president Omer Hassan Al-Bashir during his participation in the promulgation of the country’s new constitution.

Bashir who faces an arrest warrant by the International Criminal Court (ICC) on charges of genocide and war crimes in Darfur surprised international dignitaries and even members of the Kenyan government by his presence which was not previously announced.

The Kenyan prime minister Raila Odinga condemned the invitation to Bashir revealing he was not aware of its existence.

Sudan official news agency (SUNA) quoted Omar Dahab director of crisis management and conflict resolution at the foreign ministry as telling the EU representative that statements made by the EU’s high representative for foreign affairs, Catherine Ashton on Bashir’s visit are unacceptable.

Dahab stressed that Sudan is not an ICC member and that Bashir is exercising his constitutional functions. He also called on the EU to stop its double standards that grants some nationalities immunity from prosecution while targeting African countries alone through international justice.

Under the Rome Statute governing the work of the Hague tribunal, Kenya had an obligation to arrest the Sudanese president. However, the government in Nairobi refused to apprehend Bashir citing African Union (AU) resolutions barring cooperation with the ICC and Article (98) regarding immunities.

But the ICC judges immediately transmitted a finding of non-compliance by Kenya to the Assembly of State Parties and the UN Security Council (UNSC) which referred the Darfur situation to the court in 2005.

The U.S. president Barack Obama, former U.N. Secretary General Kofi Annan, UK, France and Canada have all issued statements criticizing Kenya for receiving Bashir despite its legal obligations.

The Kenyan foreign minister Moses Wetangula today answered queries from legislators who were divided over the move to invite Bashir. He said that Bashir’s visit had helped unlock outstanding peace and security issues in Sudan and noted the meeting held between the Sudanese leader and his Vice presidents immediately after he returned to Khartoum.

The top Kenyan diplomat expressed regret that the UN Security Council has never adhered to its request to freeze Bashir’s warrant while condemning Kenya in an attempt to coerce the government to ignore its obligations to the AU.

‘The Standard’ newspaper however said that several legislators accused Wetangula and a section of the Kenya coalition government of appeasing a “blood-thirsty tyrant with blood on his hands” in the pursuit of economic interests and in the name of African solidarity.

They demanded to know whether Kenya was truly committed to treaties she had ratified including the Rome Statute, its own Constitution, African Union (AU) resolutions and how these cohere with the country’s national interest.

The deputy defence minister David Musila caused a stir when he demanded an assurance from the minister that Bashir would be arrested if he landed in Kenya. The newspaper said that for over an hour Parliament degenerated into a heated debate over the Bashir’s visit.

Speaking at the 14th COMESA Summit of heads of state and government in Swaziland yesterday Mwai Kibaki spoke on Sudan but avoided reference to the issue of Bashir’s visit.

“It is my wish that the international community would appreciate the delicate situation of Sudan. We should not isolate the people of Sudan,” Kibaki said.

Some observers in Kenya accuse some members of the government of receiving Bashir as a signal indicating their same approach in dealing with suspects who are to be named by the ICC in the course of its investigation into post-election violence that erupted in 2007 and 2008.

However, Kenyan official said that they will cooperate fully with the court in this investigation.

(ST)