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Human Rights Group Criticizes Kenyaâs âErrorâ over Bashir Invite

   Peter Clottey 29 September 2010
   Sudanese  President  Omar  Hassan al-Bashir waves as he arrives at the
   promulgation  of Kenya's New Constitution at the Uhuru Park grounds in
   Nairobi, 27 Aug 2010

Photo: AFP

   Sudanese  President  Omar  Hassan al-Bashir waves as he arrives at the
   promulgation  of Kenya's New Constitution at the Uhuru Park grounds in
   Nairobi, 27 Aug 2010

   An  official  of the New York-based group Human Rights Watch (HRW) has
   expressed  concern after an international group of lawmakers announced
   their  support  for  Kenyaâs  decision  in  August  to  invite Sudanâs
   indicted leader to the promulgation of Kenyaâs constitution.

   Tiseke  Kasambala,  senior  researcher at the Africa Division of Human
   Rights Watch, said Kenya made an error in judgment by allowing Sudanâs
   President, Hassan Omar Al-Bashir, to participate in the ceremony.

   âKenya is a member state of the International Criminal Court (ICC) and
   is  therefore  obliged to respect the International Criminal Court and
   is  obliged not to invite President Al-Bashir, or, if he is invited to
   its territory, Kenya is obliged to arrest President Al-Bashir. We hope
   it  does  not  set a precedent among other ICC state parties to do the
   same.â

   At a meeting in Brussels Wednesday, the African, Caribbean and Pacific
   members  of  parliament  from  75  countries said they support Kenyaâs
   decision to invite the Sudanese leader.

   In  a statement, the legislators said, âKenyaâs primary duty to itself
   and  to  its  neighbors  is peace and security, at all costs, because,
   without  this,  there  cannot be stability and or sustainable economic
   development,  and further that any policy of exclusionism would negate
   this  duty⦠ It  was  in  the context of all the foregoing that Kenya
   invited  President Bashir in full knowledge of the situation, so as to
   facilitate  and  promote  peace  and  security  in  a region otherwise
   ravaged by conflicts.â

   The  members of parliament also said Kenya has to give priority to the
   African  Unionâs  position  without  being victimized for flouting the
   Rome Statute, which created the ICC.

   But,  HRW  researcher  Kasambala  said,  as  a  signatory  of the Rome
   Statute,  Kenya  was  obliged  to  arrest President Bashir rather than
   invite him to participate in the ceremony.

   âIt was definitely a misstep and I think that is not enough to justify
   inviting  someone  who is suspected of having committed crimes against
   humanity and war crimes against the people of Darfur to the country.â

   An  ICC  spokesman  in  The  Hague accuses Mr. Bashir of intentionally
   directing   attacks   against   the  civilian  population  of  Darfur,
   murdering, exterminating, raping, torturing, and forcibly transferring
   large numbers of civilians, and pillaging their property.

   Last  year,  a three-judge panel from the ICC charged President Bashir
   with  seven  counts of war crimes and crimes against humanity stemming
   from  his  government's  counterinsurgency campaign in Sudanâs western
   Darfur region.

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