Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 89094,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/89094/?format=api",
    "text_counter": 267,
    "type": "speech",
    "speaker_name": "Mr. Wetangula",
    "speaker_title": "The Minister for Foreign Affairs",
    "speaker": {
        "id": 210,
        "legal_name": "Moses Masika Wetangula",
        "slug": "moses-wetangula"
    },
    "content": "The said statements and the decisions assert that the two African Union Member States have a clear obligation to co-operate with the Court in relation to the enforcement of such warrants of arrest, which stem both from the United Nations Security Council Resolution 1593, whereby the United Nations Security Council urged all member States concerned, regional and other international organizations to co-operate fully with the Court and from Article 87 of the Statute of the Court to which the two countries are state parties. The African Union Commission further notes that the decision by the Pre-Trial chamber was made strangely in respect of the expected attendance of Omar Al-Bashir at the celebration scheduled for Friday, 27 August 2010. The African Union Commission expresses its deep regret that both the statements and the decisions grossly ignore and make no reference whatsoever, to the obligations of the two countries to the AU, arising from decisions of Assembly/AU/Dec. 245(XIII) adopted by the 13th Ordinary Session of the Assembly of Heads of State and Government, wherein the Assembly decide that in view of the fact that the request by the AU has never been acted upon by UN Security Council, the AU Member States shall not co-operate pursuant to the provisions of Article 98 of the Rome Statute of the ICC relating to the immunities for the arrest and surrender of President Omar Al-Bashir of The Sudan, which decision was reiterated by the 15th Ordinary Session of the Assembly held in July, 2010 in Kampala, Uganda. Additionally, the statement and the decisions did not take cognizance whatsoever of the obligations of the AU Member States arising from Article 23(2) of the Constitutive Act of the AU, which obligates all member States to comply with the decisions and policies of the AU. Thus the decisions adopted by the AU policy organs are binding on Chad and Kenya and it will be wrong to coerce them to violate or disregard their obligations to the AU. It is to be recalled that the repeated appeals to the UN Security Council by the Assembly of Heads of State and Government of the AU as well as the AU Peace and Security Council – Kenya is a member of the Peace and Security Council - to defer the proceedings against President Omar Al-Bashir of Sudan for one year in application of the provisions of Article 16 of the Rome Statute have never been acted upon by the UN Security Council. The same United Nations Security Council, which has ignored this request by African Union (AU) Member States, and which includes states that have no obligations to the International Criminal Court (ICC), has no moral authority to sit in judgement over Chad and Kenya. Indeed, by virtue of their membership of the AU, these two countries have committed themselves to “condemnation and rejection of impunity” and voluntarily negotiated the Rome Statute along with the Organisation of African Unity and joined the ICC with a view to enhancing the fight against impunity. The AU Commission recalls that both Chad and Kenya being neighbours of The Sudan, have an abiding interest in ensuring peace and stability in The Sudan and in promoting peace, justice and reconciliation in that country, which can only be achieved through continuous engagement with the elected government of that country. Neighbouring countries do this as a matter of survival as they bear the brunt of instability or insecurity in neighbouring states. Kenya as a member of IGAD and a guarantor to the peace process in The Sudan, arising from the implementation of the Comprehensive Peace Agreement and the impending referendum in South Sudan, has a duty and obligation to continuously engage with President Omar Hassan Al Bashir and President Salva Kiir. It is to be noted that engagement with the elected leaders of The Sudan is vitally and strategically essential and unavoidable for the countries of the region as well as the entire continent, which by their location, are better able to understand and take into account the local realities and dynamics. The attempt to involve the UN Security Council in this matter is yet another effort to pressurise African countries to support the ICC, irrespective of the complex dynamics on the ground which require a fine balance between peace and justice. In this regard, the AU shall oppose any attempt to coerce African countries to undermine the common African position. Mr. Speaker, Sir, finally, the AU will continue to fight against impunity as a requirement by the relevant Assembly decisions as well as Article 4 of the Constitutive Act and shall oppose the pretensions and double standards that are evident from the statements being made about the two countries. The AU believes and will continue to pursue in respect of The Sudan the interconnected, mutually interdependent and equally desirable objectives of peace, justice and reconciliation. It also requests all African Countries and friends of Africa to reject any draft resolution that may be tabled before the UN Security Council on this matter. Thank you, Mr. Speaker, Sir."
}