Sudan President Omar Hassan al-Bashir in Qatar with Emir Sheikh Hamad bin Khalifa al-Thani on February 3, 2010. The ruling NCP Party in Sudan has rejected the renewed efforts to issue further indictments against Sudan for genocide by the ICC.
Originally uploaded by Pan-African News Wire File Photos
Thursday 4 February 2010
February 4, 2010 (WASHINGTON) – The ruling National Congress Party (NCP) issued a statement on Thursday morning decrying what it described as “persistent targeting” by the International Criminal Court (ICC) against Sudan and president Omer Hassan Al-Bashir.
On Wednesday the five-member appeal chamber reversed a majority decision by the Pre-Trial Chamber that excluded the crime of genocide from the arrest warrant issued for the Sudanese president but kept the counts of war crimes and crimes against humanity.
The ICC prosecutor Luis Moreno-Ocampo accused Bashir of masterminding a campaign to get rid of the African tribes in Darfur; Fur, Masalit and Zaghawa, something which Khartoum vehemently denies labeling the accusations leveled at the Sudanese president as “lies” and a “Western conspiracy”.
Ocampo filed a challenge afterwards arguing that the Pre-Trial judges used a higher evidentiary threshold than is required at this stage of the proceedings in determining whether Bashir had genocidal intent.
“The Pre-Trial Chamber applied an erroneous standard of proof when evaluating the evidence submitted by the Prosecutor and, consequently, rejected his application for a warrant of arrest in respect of the crime of genocide. Therefore, the decision by the Pre-Trial Chamber not to issue a warrant of arrest in respect of that crime was materially affected by an error of law. It is therefore appropriate to reverse the Impugned Decision to that extent” the appeal chamber written decision read.
The case has been sent back to the Pre-Trial chamber to review the case anew and enter a new decision consistent with today’s ruling. The judges may take anywhere between a few weeks to one year before they complete their reconsideration of the genocide counts.
Sudan’s ruling party reiterated the country’s position that they do not recognize the jurisdiction of the court and threatening to repeat the scenario of expelling agencies that “exceed the law and violate the sovereignty and pride of Sudanese people”.
Following the March, 2009 ICC indictments, the Sudanese president expelled a dozen aid groups from Darfur accusing them of supplying false info to the Hague based court.
The NCP said that the timing of the decision coincides with peace talks in Doha and the April elections and urged the Sudanese people to ignore the court and focus on national building issues. The party led by Bashir hailed the African Union, Arab League, Organization of Islamic Countries (OIC) and other groups in backing Sudan against the ICC moves.
Ocampo welcomed the decision and warned Bashir he needed to "get a lawyer," adding he would present fresh evidence to the court in a second bid to have Bashir charged with genocide.
"Expelling humanitarian assistance is a great element of his genocidal intentions," Moreno-Ocampo told Reuters.
"When he expelled these people who were providing the water and the food he confirmed his intention to destroy his people. So I would like to present this new aspect of the case."
Several Rights groups around the world hailed today’s decision saying it brings the justice issue into the spotlight.
“Today’s decision is a strong reminder that President al-Bashir is wanted for heinous crimes committed in Darfur," Elise Keppler, Human Rights Watch’s International Justice Program senior counsel, said in a release. "President al-Bashir is a fugitive from justice who needs to appear in The Hague to answer to the allegations against him."
Amnesty International senior legal advisor Christopher Hall echoed the same position.
"I think little by little, the vice is closing in on him and at some point he will have to face a trial in the International Criminal Court in the same way that President Milosevic or President Taylor or numerous other officials from Rwanda and Sierra Leone have had to face trials," said Christopher Hall.
U.S. Assistant Secretary of State for African Affairs Johnnie Carson said in Ghana that Bashir should go to the ICC to face justice. "We think that President Bashir should present himself to the court to face charges," Carson told reporters.
There was no reaction so far from any of Bashir’s backers in the Arab, African or Islamic states.
Darfur’s main rebel group welcomed the ICC’s decision, saying it is the logical conclusion to be made.
“The destruction that was inflicted upon Darfuris speaks for itself. It was not a conventional warfare. Bashir was in charge and he had publicly told the army that he does not want any prisoners or wounded from Darfur” JEM official spokesperson Ahmed Hussein Adam told Sudan Tribune from Doha.
Adam reiterated that the ruling will have no impact on the political process currently underway with Khartoum.
“The legal path is separate from the political one. Justice and peace go hand in hand but as far as JEM is concerned peace remains our strategic objective and our position is unchanged. The ICC is an independent institution carrying out a legal task” he said.
Bashir flew to Qatar today on a brief visit in which he met with the ruler Sheikh Hamad bin Khalifa Al-Thani . Sudanese state minister for foreign affairs said that the talks tackled the stalled peace talks hosted by Qatar between Khartoum and Darfur rebel groups.
Sudan renews confidence in Qatari efforts to end Darfur conflict
Thursday 4 February 2010
February 3, 2010 (DOHA) — President Omer Al-Bashir reiterated his support to the Qatari efforts to end the seven year conflict in Darfur, a Sudanese official said following a brief visit he paid to Doha today.
Emir of Qatar, Sheikh Hamad bin Khalifa al-Thani meets Sudan’s President Omar Hassan Al-Bashir (R) at his office in the capital Doha, February 3, 2010. (QNA) Bashir was in the Qatari capital for talks with Emir of Qatar Sheikh Hamad bin Khalifa Al-Thani on the peace process to end the armed conflict in Darfur.
Since September 2008, Qatar has been chosen as venue for the peace talks in Darfur after Libya’s failure in 2007 to bring rebels to talks it had hosted. But, the joint efforts of Qatar and the AU-UN mediator seem bothered by continuous interferences from different countries and organizations.
Sudan, through Bashir’s visit has reaffirmed its support and confidence in the Qatari initiative to resolve the problem in Darfur and stressed its continuation with the Qatari venue, said Amin Hassan Omer, government top negotiator.
Omer also said Sudan has pledged to make the needed efforts in order to ensure its success, adding the talks tackled ways to enhance and accelerate the peace process.
Sudan and the rebel Justice and Equality Movement (JEM) signed a goodwill agreement one year ago in February 2009. However as the government did not implement the agreement the rebel JEM suspended its participation in the process.
Since the mediation convinced JEM to resume the peace talks with Khartoum with the participation of the other rebel groups reunited after efforts by the Libyan and American facilitators. But JEM rejects their participations asking these groups to merge within the movement.
Also, the efforts of the mediation seem obstructed by criticisms made by the US envoy Scott Gration who has bad relations with the main rebel groups and an initiative launched by the former South African President Thabo Mbeki. In addition recently the new UNAMID head said he wants “to make peace in Darfur” because there is no peace to keep there.
Chad’s Deby to visit Sudan on Monday
Thursday 4 February 2010
February 3, 2010 (NDJAMENA) — Chadian President Idriss Deby Itno announced Wednesday he will fly to Khartoum next Monday for talks on normalization process with his Sudanese counterpart Omer Al-Beshir.
Visiting president Deby and president Al-Bashir shake hands in Khartoum on December 10 2003 (AFP) "I am going to Khartoum on 8th of February to have talks with President al-Beshir," Deby told a visiting delegation from the Parliamentary Assembly of the Francophonie on Wednesday.
"At the time I am talking to you, he has not yet been informed, so I’m giving you this scoop. He will be informed at the end of this meeting," he further said.
The visit comes after direct talks between the two countries to normalize relations and settle the five year difference over support to rebel groups in both countries.
The two countries are expected to deploy patrols soon along the border to prevent rebels from crossing on both sides.
Since last October, President Al-Bashir sent his adviser Ghazi Salah Al-Deen Attabanti to inform President Deby of Sudan’s readiness to improve ties and end the tensions between the two countries.
However, Chadian President seemed for some time reluctant and asked Sudan to take concrete steps to prove its willingness.
"I am a man of dialogue and openness. War has never settled things and I know what I’m talking about, dear parliamentarians. Chad wants to live in perfect harmony with all its neighbours," Deby said.
Bashir and Deby were close allies in the past. It was reported that when security reports mentioned flow of arms from Chad to the rebels in Darfur, he had refused such reports. The former rebel Deby took power in a military coup in 1990, with Sudan’s backing.
Kenya supports Southern Sudan self-determination referendum - Odinga
Thursday 4 February 2010.
February 4, 2010 (NAIROBI) — The Kenyan Prime Minister Raila Odinga has urged the international community to support a referendum to be held next year on southern Sudan self-determination adding Kenya is committed to outcome of this popular consultation.
Raila Odinga Odinga remarks supporting southern Sudan independence come following statements by the chiefs of the African Union, Jean Ping and the United Nations Ban Ki-Moon on the need to preserve Sudan’s unity.
Following a protest letter by the President of southern Sudan government to the Secretary General of the United Nations Ban Ki-Moon, the UN said Ban was supporting efforts to make unity attractive.
"I strongly urge the entire international community to pursue a similar course and offer maximum assistance in implementing the referendum’s outcome, whatever it might be," said Raila on Wednesday.
He emphasized that Kenya was fully committed to and would respect the outcome of the self determination referendum, whether it favors maintaining unity or creation of an independent state in southern Sudan.
The Kenyan Prime Minister said the AU and UN stand would undermine the principle of peaceful resolution of disputes of which the CPA is an outstanding example globally. "Having done so much to advance this historic process of self-determination, it is preposterous that anyone would seek a pre-determined outcome in the referendum," he added.
Raila called on the Intergovernmental Authority on Development (IGAD), which sponsored the peace process hosted at the time Kenyan government to take lead in the ensuring the implementation of the CPA.
"IGAD was familiar with all the issues concerning the CPA and was in a better position to resolve outstanding issues such border demarcations at the oil-rich Abyei region and the population census process."
UNAMID denies Sudan’s claim that it aided Darfur rebels
Thursday 4 February 2010
February 3, 2010 (EL FASHER) – The African Union – United Nations Mission in Darfur (UNAMID) strongly denied that it had given supplies to rebels, dismissing the accusations recently made by the spokesman of the Sudanese Armed Forces that the Mission is in collaboration with the Justice and Equality Movement.
Nigerian soldiers serving with the United Nations-African Union Mission in Darfur (UNAMID) The hybrid peacekeeping mission was responding to allegations made Monday that the peacekeepers willingly supplied the rebel Justice and Equality Movement (JEM) with food and fuel.
The Sudanese army spokesman said that JEM hijacked six trucks belonging to UNAMID, after which the peacekeepers did not report the incident to authorities. He also claimed that on January 25 another two trucks loaded with 70 barrels of fuel had gone missing.
JEM rebels in recent months are reported to have returned into Darfur from rear bases in Chad, due to improving relations between the capitals at Khartoum and N’djamena.
"UNAMID has never and will never collaborate in the form described with any parties to the conflict in Darfur. The Mission does not and shall not deviate from its responsibility and mandated obligation to serve as an impartial and honest broker in the peace process," stated the Mission’s public information division.
The peacekeepers said that they have established good relations with the Government of Sudan at all levels, which these "unfounded allegations" will not affect.
The Mission added that it "remains committed to implementing its mandate and its priorities, as established by the new Joint Special Representative Ibrahim Gambari, of enhancing the security of civilians and internally displaced people in Darfur; continuing to provide proactive support to the ongoing peace process; and assisting in the normalization of relations between Chad and the Sudan."
UN chief’s anti-secession remark triggers South Sudan protest
Tuesday 2 February 2010.
By Philip Thon Aleu
February 1, 2010 (BOR) – A group of Southern Sudanese marched to the base of the United Nations Mission in Sudan (UNMIS) here Monday protesting an anti-secessionist statement attributed to the UN Secretary General. This remark also generated criticism among South Sudanese academics in Khartoum.
Protesters at the UNMIS base in Bor on February 1, 2010. Ban Ki-moon had said Saturday that UN and the AU would work to avoid southern Sudan secession in a referendum scheduled for January 2011. The UN chief in a joint interview with AFP and RFI radio said "The UN has a big responsibility with the AU to maintain peace in Sudan and make unity attractive… We’ll work hard to avoid a possible secession." His statement came one day after similar statements by the chairman of the African Union (AU) Commission Jean Ping who said secession would lead to another war in Sudan and push Darfur rebels to seek self-determination.
The protesters hold banners saying “our future lies in our independence.” In a written speech delivered at UNMIS compound, the angered group claims that Ban Ki-moon’s remarks at the 14th African Union (AU) summit on Saturday in Addis Ababa never “examined the negative part of [Sudan’s] unity.”
Bor protesters say Ban’s statement indicates that the UN admires Sudan’s wars, slavery and illiteracy under Khartoum administration. "Sudan has never been in peace not because the people Sudanese communities are against peace but…the government had been misruling….rich cultures," the protest speech reads in part.
The demonstrators, mainly youth, call on the UN chief to apologize saying “Ban Ki-moon, repent before judgment.”
An officer at the UN camp, flanked by his colleagues at the UNMIS says at the time the letter was issued that the peacekeepers’ mandate does not include deciding on the future of Southern Sudan. The officer apologized for the local understanding of the UN chief’s statement and pledged to hand the letter to higher authorities.
SOUTH SUDANESE INTELLECTUALS OPPOSE UNITY
In an interview today with Professor Deng Awuor who teaches social studies at Juba university campus at Kodoro, east of Khartoum, he outlined historical reasons for the split expected next year in the 2011 referendum for secession of the South.
He said that British and Egyptians jointly ruled Sudan for over 40 years but failed to make unity attractive between Sudanese Africans in the south and Arabs in the north. Instead they initiated and introduced detrimental policies of divide and rule which were later on adopted by successive Khartoum-based ruling elites, he said.
He said they never succeeded in anything including making unity of the country attractive nor did they lay down strong foundation for unity but deployed divisive policies which recognize provincial leaderships.
The independence of the country on 1st January 1956 came when issue of identity became the central issue to those who regards themselves as the real Sudanese through oppressive initiatives in managing affairs of the African tribes.
In forum discussions at the university, one of the contributors said that the Comprehensive Peace Agreement was to build and repair the long strained south-north relationship, giving a last chance – a period of six years – to the repressive and extremist leaders in Khartoum to make unity attractive, but they failed to make it.
"If Sudanese people and government could not make it possible to make unity attractive, can the AU and the UN Secretary General make unity attractive within one year?" he posed.
According to the participant, Africans, whether they are Sudanese, Muslims or Christians want the best initiative against discriminatory tradition and culture, and work to liberate the corrupted African minds, hearts and souls by tradition and culture that do not respect human rights.
"If UN and AU can do this within one year, before the deadline for referendum, the enslaved and oppressed African people of the southern Sudan may accept to stay as one in a United States of Sudan," he said.
However, he was quick to add UN, the AU and the free developed world know the history of the struggle of the African people in Sudan, especially the people of the southern Sudan and Darfur to transform the colonial thinking and minds of those who have clung to power using religion. He said individuals in the center, since entrance of Mohamed Ali in 1820, have continued to behave like a colonial power and treat the indigenous African tribes as slaves.
"African tribes in Sudan today are enslaved and their mind being corrupted by Arab Islamic ideology, and imprisoned by imposed Arab religion, tradition and culture which only serve the interest of the Arab Islamic leaders, and care less about the unity of Sudan," he explained.
The African people of the southern Sudan have given them enough time to change their discriminatory behaviors and culture and to live as equal citizens in Sudan but refused and continued to kill, discriminate, corrupt the mind, heart and soul of our people to make them go to hell, he said.
Another participant too furiously said the Secretary General has acted out of his capacity hence making it impossible for him to understand – "he comes from the culture equal our own as South Korea was once part of North Korea," he said.
"How come he is so quick to forget such history?" he posed.
Ngor Arol Garang contributed to this report from Khartoum.
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