Leader flies out of S. Africa
African organisations hit out at court
Sudanese President Omar al-Bashir
Takunda Maodza in JOHANNESBURG, South Africa
Sudanese President Omar Al-Bashir flew back to Khartoum yesterday morning after attending the 25th African Union Summit here despite attempts by some elements to have him arrested by the International Criminal Court.
This came as progressive African organisations dismissed the ICC as “a flawed European Court for Africa” funded and controlled by former colonisers to push their political agendas in the developing world.
President Al-Bashir’s spokesperson Dr Hussien Karshoum said the arrest bid was instigated by Western countries as a ploy to “bring back colonialism by the back door”.
The South African High Court had on Sunday issued an interim order seeking to stop President Al-Bashir from leaving the country until an application by civil society seeking his arrest was heard.
The Western-sponsored civil society was yearning to have the Sudanese leader arrested on allegations of violating human rights in his country.
In an interview with The Herald, Dr Karshoum confirmed his boss’ departure before the official closure of the summit.
“He left this (yesterday) morning back home because he finished his business.
“Khartoum is not expecting him to be arrested because South Africa is under international obligation not to implement the warrant issued.”
Dr Karshoum said under the international obligation, South Africa, although a signatory of the Rome Statute, cannot allow the arrest of a sitting head of State.
“This is an attempt to bring back colonialism to Africa through the back door,” he said.
Dr Karshoum slammed Europe and the US’ double standards when it comes to issues to do with Africa.
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“There is no other non-African head of State indicted by the ICC. It is only focusing on Africa. It is colonisation coming into Africa by back door,” he said.
Dr Karshoum accused the South African civil society elements of blackmail.
He said a number of European leaders committed gruesome acts that included serious violation of human rights elsewhere, but no-one was bothering them.
President Mugabe, who is the African Union chairman, has long urged African countries to withdraw from the ICC.
Addressing delegates to the 24th AU summit in Addis Ababa in February this year, President Mugabe said: “Africa must pull out of the ICC. The pull-out must be on the June AU summit agenda in South Africa. What the West will say or do is not my business.
“My concern is on uplifting the lives of our people, giving them something that will raise their standard of living. If Europe comes in the spirit to cooperate and not the spirit to control us and control our ways, they will be very welcome,” he said.
Addressing journalists at the Sandton International Convention Centre yesterday, Mr Joseph Chilengi of the Economic, Social and Cultural Council of the African Union (AU-ECOSOCC), described the behaviour of the ICC in initiating a failed bid to arrest Mr Al-Bashir in South Africa as an attempt to sabotage the mid-term summit.
“President Al-Bashir was in South Africa at the invitation of the AU not at the invitation of South Africa. South Africa was a mere host. The jurisdiction of Al-Bashir is situated in the AU,” said Mr Chilengi.
“The entire African civil society movement will defend the credibility and integrity of this union. No Kangaroo Court shall ever come and disturb the political-social environment we have.
“The attempt of the last 48 hours is an indictment on the ICC and its collaborators. No matter what you do the law shall never be manipulated. Matters of this nature shall never be tolerated on this continent. ”
Mr Chilengi said this explained why Africa was weighing the possibility of abandoning the ICC in favour of an African Court of Justice.
“The behaviour and attitude of the court – concentrating only in one region even when there are serious cases in Europe, the ICC has ceased to be an instrument of justice system to instrument of political system. Withdrawing is a matter we are pursuing. We give a chance to the ICC to organise itself or bury itself,” he said.
Mr Chilengi said the ICC’s judicial scandal exposed its history of dysfunctionality.
Dr David Hoile, a director for the London based African Research Centre, said of the ICC; “The court is not the same court Africa finds with today. It said it will pursue justice without fear or favour but it is a deeply dysfunctional court mired in irregularities. It has boiled down to a European Court for Africa. It only represents one-third of the world’s population – the US, Russia, China are not members. It is a very flawed European court for Africa. Politicians have prosecutorial interests.”
He noted that 60 percent of the ICC funding comes from the EU.
“It is EU funded, EU directed. It is nothing more than an instrument for EU foreign policy. The funders are former colonial powers. It is an instrument of neo-colonialism. It has appointed its full ICC judges who have never been lawyers or judges. Their qualification is that they speak English,” added Dr Hoile.
Meanwhile, President Al-Bashir’s spokesperson Dr Hussein Karshoum announced during the press conference that the Sudanese President had safely reached Sudanese airspace and a hero’s welcome awaited him.