109 CSOs Demand Justice On Al-Bashir Arrest Foil In South Africa

Over one hundred Civil Society groups asks Courts of South Africa to establish accountability and the government to investigate circumstances that allowed Sudanese President Omar al-Bashir leave the country in defiance of Pretoria Court order of his arrest.

President al-Bashir wanted by International Criminal Court (ICC) was in South Africa from 13-15 June for an African Union Summit. 

The 71 year old Sudanese President flown home from South Africa in defiance of Court order that he stay to face arrest.

South African Government, party to the Rome Statute of the (ICC) was required to facilitate the arrest and surrender President al-Bashir to The Hague for charges of genocide, war crimes and crimes against humanity in connection with the conflict in Darfur.

Failure to arrest al-Bashir worries 109 civil society groups, from across the globe, working on international criminal justice and human rights.

They have expressed “deep disappointment” with the actions of South African officials in allowing Sudanese President, to depart the country in defiance of a court order and South Africa’s international legal obligations.

“We noted with deep concern reports that rather than arresting President al-Bashir, South African officials apparently allowed him to leave the country in direct defiance of the order by the Pretoria High Court.” Reads the Declaration dated 11th July 2015 signed by 109 CSO groups Read full Declaration

“The actions pose serious consequences for the independence of the judiciary in South Africa and demonstrate a flagrant lack of respect for the rule of law and the rights of Darfur’s victims to have access to justice.

Adds the letter; “South Africa’s domestication of the Rome Statute of the ICC makes the government’s failure to arrest President Omar al-Bashir a contravention of domestic law as well.” 

From Malawi, five CSOs have signed the Declaration including Centre for Human Rights and Rehabilitation (CHRR) and Centre for the Development of People (CEDEP)

Gift Trapence

“We are all saying that South Africa Government should comply to the international human rights standards. If they are party to international agreements they have to respect those agreements” said Gift Trapence Executive Director for CEDEP

“These international instruments that countries are party to, have no borders and human rights issues these are universal, there is no border in terms of application.” He said “This is why as civil society we are raising this issue at both local and global level.”

Trapence emphasized that this Declaration also sends message to all countries to comply to international human rights instruments.

“Whenever countries are party to international human rights instruments they need to comply” He said 

“The instruments of the laws that we have, should not be applied selectively. We have to make sure that even African governments are able to comply with those international human rights mechanisms and in this case it is Rome Statutes.” He added “And we are also urging even Malawi to be exemplary to comply and ratify human rights instruments that it hasn’t ratified.” 

Trapence also urged African governments to stop giving immunity to the sitting presidents who commits atrocities against its citizens and that African Union should also look at this problem.

Among others, the Declaration signed by 109 CSOs, call on the Assembly of States Parties of the ICC to take appropriate action to address non-compliance by South Africa and other States who breach their obligations of cooperation and assistance under the ICC Statute. 

It further demands all responsible to be brought to prompt justice, including for contempt of court. Read full Declaration

"Xenophobic Attacks Tantamount to Boko Haram Acts" Malawi Human Rights Activists Threatens To Report South Africa To ICC, UN

A human rights activist and executive director for Centre for Human Rights and Rehabilitation (CHRR), Timothy Mtambo says Malawi Civil Society Organisations will seek help from international organisations on human rights to investigate the Government of South Africa it fail to stop to an end the ongoing bloody attacks against African immigrants.

Mtambo and other human rights activists including politicians have on Tuesday presented a petition to South African embassy in Malawi calling the immediate halt of the Xenophobia attacks against African immigrants a bloody violence which has killed more than five people including two Malawians. The petition which was received by South African high commissioner to Malawi, Ambassador Cassandra Mbuyane Mokone has threatened boycott South African products and businesses once no concrete steps are taken to end the violence. 

In an interview, the human rights activist Timothy Mtambo said apart from action to boycott any product and services which are South African once the violence continues, Malawi CSO's will be left with no other option but also to mobilise themselves to report South African Government for atrocities being committed through its citizens to international human rights institutions like International Criminal Court (ICC), United Nations (UN) And African Court of Justice and Human Rights saying South Africa is commiting crimes of the highest order.

“As civil society we will be watching, if we see that the South African Government is not handling this issue seriously we have other forums to complain to” said Mtambo who mentioned International Criminal Court saying such acts taking place in South Africa are "crimes against humanity! People have been killed” he said 

"We will mobilize ourselves to complain before ICC or United Nations (UN) which Malawi is signatory so that they can intervene and investigate the South African Government." 

Disapointed with reports of violence in South Africa, Timothy Mtambo has also branded xenophobia violence in South Africa as tantamount to Boko Haram acts, "They are both killing people so for us there is no deference and the way we condemn Boko Haram we also condemn the Xenophobia in the strongest terms.”

“What is very painful is that this is not first time for xenophobic attacks happening in South Africa, it is very shocking” he said and continued "Why is it that the government of South Africa continue dehumanizing the rights of the people in such a manner through its people?” 

"So, we want the South African government to show leadership, condemn this and make sure that justice is met. The repetition of Xenophobia shows lack of seriousness on the part of South African Government." 

Mtambo added "We citizens of SADC we would like them to make sure that people that have been victimized receive justice and those responsible be punished and xenophobia must end once for all, that should not repeat itself in the history of Africa.

Meanwhile, reports in South Africa indicates that Government is stepping up efforts in ending the violence following deployment of military to support police in Johannesburg township of Alexandra. According to News24, the South African Defence Minister Nosiviwe Mapisa-Nqakula announced on Tuesday that the army will be involved in fostering peace in volatile areas. 

Reports also indicates the tribal leader for Zulu ethnic group King Goodwill Zwelithini, has distances himself from the widespread allegations that he uttered remarks which fueled the Xenophobia violence.

King Goodwill Zwelithini who is being blamed for inciting deadly xenophobic violence in South Africa claimed he was misquoted by media to have uttered words "foreigners must pack their bags and go home" during speech last month. He has since appealed for calm and condemn attacks against foreigners.