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"id": 89093,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/89093/?format=api",
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"type": "speech",
"speaker_name": "Mr. Wetangula",
"speaker_title": "The Minister for Foreign Affairs",
"speaker": {
"id": 210,
"legal_name": "Moses Masika Wetangula",
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"content": "It is also worthy to note that African countries comprise of the largest single regional group in the ICC and it is, therefore, critical that their views are taken seriously. Consistent with our desire and that of the African Union (AU) to secure peace and reconciliation in the Sudan, very successful discussions took place between President Kibaki and President Al-Bashir at State House soon after the promulgation of the Constitution. The State House discussions on 27th August, 2010 between the two presidents prompted a meeting between President Bashir and his two Vice-Presidents, Salva Kiir and Ali Osman Taha on 29th August, 2010. I am happy to inform this House that the meeting led to a breakthrough on the most difficult contentious issues including but not limited to the following:- 1. The President of Sudan and his two Vice-Presidents agreed to hold the Southern Sudan Referendum on the date stipulated in the Comprehensive Peace Agreement (CPA) namely 9th January, 2011. 2. The three agreed that they adopt a number of measures to remove all impeding issues facing the Referendum Commission. 3. The three agreed to form a joint political committee for the speedy determination and demarcation of the north/south border before the referendum. My own colleague, Mr. Dalmas Otieno, if he is here, can bear me witness that only last week, him and I received a high level delegation from Southern Sudan, raising all these issues that our President has resolved by meeting President Bashir in Nairobi. Mr. Speaker, Sir, Kenya has ratified the Rome statute of the ICC, meaning that national authorities are obliged to co-operate with the Court, including arresting indicted persons. However, this requirement is supposed to be carried out in tandem with Kenyaâs other obligations as a member of the international community. Kenya is a member of the African Union and adherence to its decisions is a cardinal responsibility. Regardless of this, Kenya remains fully committed to its obligations to co-operate with the ICC. This has been exemplified several times, including most recently by the decision to allow investigators from the ICC to come to Kenya to carry out investigations pertaining to the identification of the perpetrators of the post-election violence. Mr. Speaker, Sir, earlier on, Kenya had fully co-operated with the ICC in securing safe passage and protection of some of the witnesses in Darfur. You may also wish to note and recall that Kenya is one of the few countries that resisted pressure to undermine the ICC through conclusion of bilateral immunity agreements with one of the UN Security Council member States. I want to laud my predecessors; that is, Messrs. Kalonzo Musyoka, Chirau Mwakwere, and Raphael Tuju for resisting pressure from a powerful UN Security Council member for Kenya to sign an agreement not to arrest or hand over any of its nationals as and when they are arrested in pursuance of the ICC. Kenya takes its responsibility to the ICC very seriously and will continue to provide the Court and its agents whatever help they need in order to accomplish their objectives in the country. The AU Assembly Resolution that Kenya has adhered to in this matter confines itself to non-co-operation solely on the case of President Bashir and not in general terms. Kenya and other African countries are, therefore, not rejecting the ICC as an institution or the Rome Statute as a treaty. This can be seen from the fact that the AU, in fact, has sought to use the mechanisms within the Rome Statute to hold the Bashir case. First, there was an attempt to use Article 16 on the deferral and now, the current Resolution justifies non-co-operation on the basis of Article 98 of the Statute. I wish to observe that the decision on the invitations to the ceremonies for the promulgation of the new Constitution were deliberated on and adopted by a high level committee of Government which involved all stakeholders, Government Ministers and departments, including the Office of the President, the Office of the Prime Minister and the Office of the Vice-President and Ministry of Home Affairs. The Permanent Secretary, Secretary to the Cabinet and Head of Public Service, Amb. Muthaura and the Permanent Secretary, Dr. Isahakia were the alternate chairs to the preparatory meetings. The Ministry of Foreign Affairs in its role as the Government arm responsible for Kenyaâs relations with outside world took part in those deliberations and conveyed individual invitations to these countries. For those who believe in pollsters, the opinion polls shown on our televisions show that Kenyans overwhelmingly have supported the invitation and presence of President Salva Kiir in Kenya. Mr. Speaker Sir, allow me now to read to this House a statement from the AU. It is only two pages and it is very important that you allow me to read it. Mr. Speaker, Sir, it goes as follows:- âThe African Union Commission has noted with grave concern statements attributed to some members of the UN Security Council as well as the decisions ICC- 02/05-01/09 of 27 August 2010 of the ICC Pre-Trial Chamber informing the United Nations Security Council and the Assembly of the States Parties to the Rome Statute about Omar Al-Bashir's presence in the territories of the Republic of Chad and the Republic of Kenya."
}