June 15, 2015 (KHARTOUM) – The South African government issued a statement on Monday vowing to probe the manner by which Sudanese president Omer Hassan al-Bashir left the country despite a local court ruling ordering him to remain in the country until a decision is made on a case pertaining to him.
“Government notes the judgment of the North Gauteng High Court on the matter regarding Sudanese President Omar Al Bashir,” reads a brief statement attributed to South Africa's acting cabinet Spokesperson Phumla Williams.
“As indicated in court, government will enquire the circumstances under which President Al Bashir left the country. We will also comply with the court order relating to submission of an affidavit outlining these circumstances”.
As far as the judgment ruling related to Bashir's immunity, Williams said that they will await “written reasons of the judgment” which is expected to come out in a week.
This is the first official comment by Johannesburg since the Bashir row erupted over the weekend.
Earlier today, the High Court judges handed down a decision ordering Bashir's arrest despite government assertions on his immunity.
"The respondents are forthwith compelled to take all reasonable steps to arrest President Bashir ... and detain him pending a formal request for his surrender from the International Criminal Court," presiding Judge Dunstan Mlambo was quoted as saying by local South African media.
But when the decision was being read, Bashir had already left the country. This was communicated to Judge Mlambo by the government attorney right after he read the ruling adopted unanimously by the court.
The government attorney had been telling the court in the first part of the proceedings that he believes that Bashir is still in the country.
Judge Mlambo expressed concern that Bashir was allowed to leave despite the court order and ordered the government to file an affidavit explaining how that happened in what appears a step before determining who will be held in contempt of court.
"It is of concern to us, as a court that an order issued was ignored" he said.
Despite the government suggestion that Bashir 'sneaked out' of the country without their knowledge, it is understood that his outbound flight was facilitated by South African officials who saw him off at the airport and cleared his plane for takeoff at Waterkloof military airport.
Southern Africa Litigation Centre (SALC), which brought the case against Bashir, expressed satisfaction with the court ruling today despite Bashir being allowed to leave.
“I think we are delighted with the court decision,” Caroline James from SALC told Sudan Tribune by phone from Johannesburg.
James said that while they have yet to see the reasoning behind the court's decision, they believe the judges affirmed that the government had no right to grant immunity to Bashir and overrule constitutional and international obligations.
“This is really really good,” she said before adding that the decision will likely result in a political fallback specially when the government files the affidavit explaining how Bashir managed to leave.
Asked about the next steps, James said that once the affidavit is served, SALC will have its lawyers review it before deciding on whether to pursue contempt charges against government officials.
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June 15, 2015 (ADDIS ABABA) – South Sudan's former vice president, Riek Machar, turned leader of the armed opposition faction of the ruling Sudan Peoples' Liberation Movement (SPLM-IO), has met the president of the United Republic of Tanzania, Jakaya Kikwete, over the ongoing reunification process of three factions of the ruling party in the young country.
The two leaders met on Monday on the sidelines of the African Union (AU) summit of heads of state and government in Johannesburg, South Africa.
Rebel leader's spokesman said the meeting centered on how best the Arusha intraparty dialogue on reunification could be complementing the Addis Ababa comprehensive peace process to end the civil war in South Sudan.
“The two leaders discussed how best to approach the Arusha SPLM intraparty dialogue as a complementary to the IGAD comprehensive peace process,” Machar's spokesman, James Gatdet Dak, told Sudan Tribune when contacted on Monday.
He said the SPLM-IO leadership was committed to the intraparty dialogue which was addressing the root causes of the current crisis in the country in the context of the ruling party.
“You know the current national crisis started as a political crisis within the SPLM party before it developed national. If the rival party leaders can address those causes and accept SPLM transformation, reforms and leadership succession, I think they can also accept similar reforms on governance at the IGAD process,” he said.
Dak stressed that the Arusha reunification process would address democracy within the disintegrated ruling party including structural, organizational and leadership issues which caused the crisis.
He however said the process was not a substitute to the IGAD peace process and should not be misinterpreted to mean “mere reinstatement” of SPLM leaders previously dismissed “unconstitutionally” by president Salva Kiir following the crisis.
The rebel leader's spokesman commended the Arusha roadmap agreement signed in January this year, describing it as a positive guiding document in resolving outstanding issues within the party.
“Our leadership believes that addressing the root causes of the conflict through the intraparty dialogue would positively reflect on the IGAD peace process,” he said.
But, he added, an intraparty agreement would not be an end in itself, ruling out what he said were misinterpretations by people who thought the rebel leadership would return to Juba if an agreement was struck by the SPLM factions.
Full implementation of a reunification agreement, he further stressed, was dependent on a final peace agreement in Addis Ababa that will resolve on all outstanding issues such as on governance and security arrangements and reforms outside the party's jurisdiction.
President Kikwete's ruling party of the Chama Cha Mapinduzi (CCM) has since last year been mediating between the SPLM in government (SPLM-IG) led by president Salva Kiir, SPLM-IO led by former vice president, Riek Machar and former detainees (FDs) led by former party's secretary general, Pagan Amum in trying to reunify their ranks and file.
Observers say the process is expected to be complementing to the IGAD peace process to end the 18-month long civil war in the country.
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June 15, 2015 (WASHINGTON/KHARTOUM) – The Sudanese president Omer Hassan al-Bashir left South Africa few hours before judges at the High Court handed down a decision ordering his arrest and rapping the government for what it described as a violation of the constitution.
"The respondents are forthwith compelled to take all reasonable steps to arrest President Bashir ... and detain him pending a formal request for his surrender from the International Criminal Court," presiding Judge Dunstan Mlambo was quoted as saying by local South African media.
Bashir has left around noon local time as the High Court was listening to arguments from the government attorney and the one representing Southern Africa Litigation Centre (SALC).
The government attorney asserted to court in the first part of the proceedings that he believes that Bashir is still in the country.
He went on to say that the list of passengers on the Sudanese presidential plane submitted to the control tower at the Waterkloof airbase did not include the name of Bashir.
The arguments were then focused on the issue of immunity for the Sudanese leader who was indicted by the International Criminal Court (ICC) in 2009 & 2010 over alleged war crimes, genocide and crimes against humanity during the Darfur conflict.
But the government underscored that despite South Africa being a state party to the ICC founding statute and having incorporated it into its constitution, Bashir is covered by the Diplomatic Immunity and Privileges Act .
He also said that Bashir as one of the delegations attending the African Union (AU) summit hosted by South Africa has been granted blanket immunity per this act and for the purposes of this regional summit. .
The judge then asked the government attorney whether Bashir would be liable for arrest should he be South Africa for a vacation.
"Yes" was the direct response by the government attorney.
Before the adjournment of the first session the government attorney affirmed his position that Bashir has not left the country.
After the court session resumed, the government attorney said that he received notification from the South African presidency and Department of International Relations and Cooperation that the Sudanese president flew out.
He explained that the government will initiate an inquiry into how Bashir was able to leave the country despite a previous order barring his departure from the country pending a decision into the case.
Mlambo expressed concern that Bashir was allowed to leave despite the court order and ordered the government to file an affidavit explaining how that happened in what appears a step before determining who will be held in contempt of court.
"It is of concern to us, as a court that an order issued was ignored" he said.
BASHIR TO RECEIVE HERO WELCOME IN KHARTOUM
Bashir is expected to arrive at 6:30 PM in the evening and will be met by a crowd of supporters mobilized by the ruling National Congress Party (NCP).
The Sudanese Minister of State at the Ministry of Information Yasser Youssef confirmed on Monday that President Omar Hassan al-Bashir left Johannesburg.
Sudan News Agency (SUNA) said that the Sudanese Foreign Minister Ibrahim Ghandour will hold a press conference on Monday at Khartoum airport immediately upon the return of President Bashir and his delegation.
Meanwhile, youth organizations and NCP-affiliated entities called for people to come to Khartoum airport on Monday afternoon to receive the president.
CRITICISM OF SOUTH AFRICA
Bashir's arrival and departure from South Africa unhindered has angered NGO's and human rights groups.
“This is a sad day for South Africa and a blow to the rule of law,” said Anton du Plessis, managing director of the Institute for Security Studies, an African think-tank.
“Until now, the country has been a champion of international justice and has done more than most in Africa to make sure victims get justice" he told the Globe and Mail newspaper.
Earlier on Monday, United Nations secretary-general Ban Ki-moon said South Africa must arrest Bashir to fulfill its obligations to the international court.
"The International Criminal Court's warrant for the arrest of President al-Bashir on charges of crimes against humanity and war crimes is a matter I take extremely seriously," U.N. Secretary-General Ban Ki-moon told reporters in Geneva.
"The authority of the ICC must be respected and its decision implemented," Ban added.
Elise Keppler, acting director of international justice at Human Rights Watch (HRW), said that "by allowing this shameful flight, the South African government has disregarded not only its international obligations, but its own courts".
“When Sudanese president Omar al-Bashir took off from South Africa today, he took with him the hopes of thousands of victims of grave crimes in Darfur who wish at last to see justice done,” she said.
“An opportunity was missed, but a clear message has been sent to Bashir that he is not safe from arrest.”
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June 15, 2015 (WAU) – A panel of experts from United Nations are in South Sudan's Western Bahr el Ghazal state to probe crimes committed during the conflict.
The UN team of experts are headed by Vladimir Zhagora from Belarus.
Zhagora told reporters that his delegation has been touring the country to get information on the conflict, which started in 2013.
“We are trying to establish an open professional relationship with everybody in south Sudan whom we meet in states,” he said.
“We had been meeting government officials throughout the states and in Juba on issues of diplomacy,” added Zhagora.
The UN secretary general appointed the five-member panel in April in response to a request from the Security Council's resolution 2206 (2015), adopted on 3 March, 2015.
“The panel is inquiring information on who is obstructing the ongoing peace process on South Sudan in Ethiopian capital, Addis Ababa,” said Zhagora.
“We are also inquiring information on who launches attacks on the civilian's population in South Sudan's areas of conflict during this conflict,” he added.
The UN team will also seek information on those said to be blocking movement of humanitarian workers in areas most-affected by the war.
“The security council did not impose any sanction by this resolution,” said Zhagora, adding that council would decide what kind of sanction could be applied to some individuals in South Sudan.
The UNSC is considering a way to impose sanctions against both sides of the South Sudan conflict, which has continued despite several commitments by it warring parties to honour ceasefire deals.
The conflict broke out following disagreements within the ruling party (SPLM), killing tens of thousands of people and displacing nearly two million others since December 2013.
South Sudan strongly opposes calls for sanctions, saying such a decision would generate adversarial relationship and further aggravate the country's ongoing conflict.
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(Kinshasa) – Congolese authorities should immediately and unconditionally release two activists who were arrested three months ago, on March 15, 2015, during a pro-democracy youth workshop in the Democratic Republic of Congo, a coalition of 14 international and 220 Congolese rights organizations said today.
(Nairobi) – The heinous attacks on civilians in Lamu and Tana River area of Kenya’s coast in mid-2014 were followed by abusive security force operations, Human Rights Watch and the Kenya Human Rights Commission said today. One year later, no one has been held responsible for the attacks.
(New York) – The United Nations Security Council should require more vigorous civilian protection and better human rights reporting when it renews the mandate of the Darfur peacekeeping mission in June 2015.
June 10, 2015 (NAIROBI) – Kenyan former president, Daniel Arap Moi, has urged Dinka and Nuer elders of the rival major communities in South Sudan to put aside their tribal differences and take the lead in the typical African elders' role to end the ongoing deadly war in the young country.
“What are the elders from all sides advising the South Sudan leadership or have you taken sides,” former president Moi told the Dinka and Nuer elders.
“In your African culture, elders are the pillars of the society and we believe that where there are elders things do not go wrong,” he said in a statement which copy Sudan Tribune has obtained.
Moi made the remarks during a joint meeting with rival elders from the Nuer and Dinka communities whom he invited to his house in Nairobi last Wednesday for consultations on a new initiative on role the elders should play to end the war.
He told the elders of his support to the initiative, saying there was need to address the root causes of the conflict which erupted in mid-December 2013 and plunged the country into civil war.
The former Kenyan president also challenged the South Sudanese leadership to be “brave enough” to let go power ambitions in order to save the country from collapse.
Moi, who was instrumental in bringing to an end the 21 years of war between Sudan and South Sudan, said he felt pain seeing the country he helped created yet to go back into deadly violence and not development.
He pledged to facilitate the rivals elders in their joint efforts to mobilize for peace in the country and urged them to do it by forging a joint platform with one united voice for peace, pursue the way of dialogue instead of fighting, establish the root causes of the conflict and how they can be addressed as well as mobilize respective communities to support peace and initiate a process of healing and reconciliation.
“Mine shall be to facilitate you in achieving these objectives, and any that you may consider critical,” he assured the elders of his support to the initiative.
“The future generations will judge you harshly if you let your country collapse because of your own failures to maintain peace. You cannot run away from the responsibility of making peace and promoting national integration,” he told the elders.
He also advised them to include elders from other communities in South Sudan in the initiative for peace mobilization across the war-ravaged country.
President Salva Kiir's community, the Dinka, had formed what they called Jieng [Dinka] Council of Elders which many critics said were anti-peace and responsible for many negative actions the president might have executed per their advice.
The Nuer community, from which the opposition leader Riek Machar hails, also reciprocated and formed the Nuer Council of Elders which significance and influence on the rebel leadership is not yet measured.
War erupted on 15 December 2013 when internal political debates on reforms within the ruling SPLM leadership turned violent. The fighting pitted rival Dinka and Nuer communities when president Kiir's guards and ethnic Dinka militia groups turned against Nuer civilians in the capital, Juba, reportedly killing thousands of their members in cold blood.
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