By Laura Hirahara
Impunity Watch Reporter, Africa
NAIROBI, Kenya- On Thursday, Kenya’s government defended their decision to invite Sudan’s president Omar al-Bashir to the country for a ceremony in which Kenya adopted its new constitution. Following al-Bashir’s trip last week, many have criticized Kenya for not arresting al-Bashir, who is wanted by the International Criminal Court for war crimes and genocide in the Darfur region. Kenya’s government, which is a signatory of the ICC and has recognized its jurisdiction, said that arresting al-Bashir now would destabilize Sudan creating negative ripple effects for its neighbors. Alfred Mutua, a government spokesman for Kenya, stated Thursday, “In the context of Omar al-Bashir’s case, Kenya’s obligation was first to the [African Union] and then to ICC. If Sudan [is] destabilized it is us who would suffer, not the West.”
The U.N. estimates 300,000 people have been killed and another 2.7 displaced in Darfur since al-Bashir seized power in 1989 through a coup. The ICC has charged him with organizing a militarized force that has committed acts of rape, murder and other crimes against humanity since al-Bashir began fighting rebels there in 2003. Sudan denies these charges and the African Union has stated they also oppose the arrest warrants. In response to their refusal to arrest al-Bashir, the ICC has reported Kenya to the U.N. Security Council and the prime ministers of several European nations have directly questioned Kenya’s government officials. On Wednesday, the United Kingdom spoke with Kenya’s ambassador about al-Bashir’s visit. After the visit, Foreign Office Minister Alistair Burt said, “We made clear that the British government expects the government of Kenya to stand by its obligations under the Rome Statute (that established the ICC), and as a U.N. member state.”
Some within Kenya’s government, while not addressing the warrant against al-Bashir directly, believe inviting him was the wrong move. A representative from the prime minister’s office stated Tuesday that Kenyan Prime Minister Raila Odinga thinks the visit “sen[t] wrong signals in regard to Kenya’s commitment to the ICC and also Kenya’s respect for human rights.” In a statement to Voice of America, Elizabeth Evenson, a researcher for Human Rights Watch, said al-Bashir’s visit went against Kenya’s new government after the violence that erupted over their last presidential elections, insulting both the victims in Darfur and Kenya. Al-Bashir has travelled extensively since the arrest warrants were issued, including to ICC signatory country Chad earlier in the year.
For more information, please see;
Voice of America- Kenya Defends Bashir Invitation– 27 August, 2010
CNN- Kenya Pushes Back Over War Crime Suspect’s Visit– 2 September, 2010
BBC- Kenya Ambassadors Summoned Over Omar al-Bashir’s Visit– 1 September, 2010
