IS PRESIDENT BANDA OUT OF STEP WITH AU ASPIRATIONS?


By Jerry Okungu
Nairobi Kenya
June 6, 2012

Whenever there is an AU summit in the offing, the issue of Omar El Bashir always crops up.

Since his indictment by the ICC at The Hague, the Sudanese warlord has never known peace. His high profile lobbying to get the AU member states to dictate to the ICC its relationship with the international court doesn’t seem to be working.

The reason the AU can make as much noise as possible without the court taking such ranting seriously is because in law, the ICC has no relationship with the AU. The African body is not a signatory to the Rome statutes. Individual African states are.

Despite the saga of the Omar Bashir indictment occupying the AU agenda since 2009; it has not stopped a Kenyan court ordering the Attorney General to arrest him should he set foot on Kenyan soil.

The ruling that made Bashir rave and rant against Kenya for weeks early this year is still in force. No higher court has overturned Justice Ombija’s ruling to date. And Kenya’s Chief Justice and President of the Supreme Court seems to have thrown his weight behind his High Court judge.

Now, as the African heads of state prepare to descend on Blantyre in a few week’s time, Madam President Banda has been categorical that Bashir should not even think of attending the AU meeting in her country. If he dares, she will order his arrest.

Soon after President Banda’s salvo, the outgoing ICC Chief Prosecutor, Moreno Ocampo has added his voice to the ongoing saga. He has advised the rich countries of the West to start starving those African countries that will not honor the ICC obligation and arrest Bashir. They should no longer be recipients of donor funds.

The relationship between the AU and the ICC will continue to remain sour in the foreseeable future.

It would appear like the continental body is not the only organization in Africa to have issues with the International Criminal Court. A few weeks ago, at meeting in Nairobi, the outgoing EALA members hurriedly passed a motion to request the EAC summit to turn the regional court into a criminal court then request for the transfer of the four accused Kenyans to Arusha. That again is yet to be realized even as the ICC is set to open preliminary hearings of the Ocampo Four early next week.

The reason Bashir has managed to travel selectively since his indictment is because he is aware that any country especially in Europe can arrest him and either try him in that country or take him to court. It is the reason he has never visited any European country or North America since his indictment. The question to ask is this: for how long can Sudan afford a fugitive president that is shunned by other heads of state across the globe?

The bad news for Bashir is that evading the arrest and trial will not make the problem go away. That warrant of arrest will be valid long after he retires from public life. And looking at the way the law has dealt with Pinochet of Argentina, Mubarak of Egypt and Charles Taylor of Liberia, the Sudanese strong man does not seem to have an escape route. One way or another, the long arm of the law will catch up with him.

Two of the Kenyan candidates for The Hague are hell bent on running for president in the next few months. What they hope to achieve with this misguided bravado is that once either of them is elected president then they can choose to defy the ICC the way Bashir has done. They then can take refuge in the AU as they negotiate with the ICC to transfer their cases locally.

As for running for president, they have a new hurdle in the form of Kenya’s Chief Justice. The former political activist is not mincing his words. He is not in the mood to see people of questionable character get elected to any public office in Kenya under his watch.

He has categorically declared that he will effectively use Chapter Six of the New Constitution to read the riot act for those types of politicians in Kenya. If he carries his threat, there will be few trees left standing in the forest of Kenyan politics.

If indeed President Banda also carries out her threat against Bashir, will Bashir’s bosom friends in the AU take it kindly? Will they boycott the Blantyre summit in solidarity with the Sudanese warlord? Will Bashir marshal enough numbers to warrant a lack of quorum at the summit?

Knowing African leaders and their inability to stick with their colleagues, one can almost foresee Bashir being left alone at the last minute. Verbal support he will get even in his absence at the summit. What he will surely not marshal are enough numbers to cause the Blantyre meeting to flop. It is the nature of our politics in this continent.
jerryokungu@gmail.com

DOES RAILA ODINGA DESERVE TO BE BRANDED A REFORMIST?



What does it take to be a reformist?

By Jerry Okungu
Nairobi, Kenya
June 7, 2012

The other day I found myself in an interesting debate about who is a reformist and who is not. This debate was triggered by a statement made earlier in the week by Prime Minister Raila Odinga to the effect that the next elections will be between reformists and non reformists.

Let me start this debate with the definition of a reformist if such a word exists.
A reformist is that individual that at one point in his life gets dissatisfied with a status quo and embarks on the difficult road of changing it. In so doing, the individual may face hardships, torture, persecution and even death from the regime he has set out to confront.

At the beginning of the Arab Spring revolutions, a young Tunisian man committed suicide on account of life made unbearable for his kind. He set himself ablaze and died a martyr. Following that sacrifice, ordinary Tunisians took to the streets and brought their regime down.

A similar uprising brought down oppressive regimes in neighboring Egypt and Libya. In both cases, several people sacrificed their lives or were maimed for life. In the case of Egypt, at least 830 gallant Egyptians perished at the hands of Mubarak’s brutal soldiers for which he has now been jailed for life.

In Libya, Muamar Gaddafi called his opponents rats and swore to teach the rats a lesson. Today, Gaddafi is history to his Libyan rats.

The three examples above illustrate one thing. Change only becomes necessary when leaders get detached from their own people. It is the reason the French had their now famous revolution. When the population cannot take it anymore, a few daring individuals take the risk even on pain of death to get rid of a bad regime.

Next door in the early 1980s, Ugandans took arms to get rid of destructive regimes. They had had Obote and Amin then Obote again in a span of 20 years without knowing peace.
In the Kenyan situation, if Raila Odinga puts a reformist’s badge on his chest, he must be having a convincing reason why he thinks he is a reformist. What others of a different opinion need to tell Kenyans are two simple things: They should prove that Raila Odinga has no record of reforms. Alternatively, if they want to share with him in that glory, then let them tell Kenyans why they think they too deserve the honour.

It is true the Uhuru heroes of the past were also reformists. Kikuyus like Dedan Kimathi were sick and tired of the oppressive colonial regime. They took up arms and fought and died for change.

The second lot that included Jaramogi, Gichuru, Mboya, Kodhek, Shikuku, Muliro, Ngala and Moi were also reformists. They kept the fire burning as Ngei, Kenyatta, Karumba, Oneko, Kubai and Kaggia were in jail. It was their persistent political campaigns that finally got the Kapenguria Six out of prison and eventual independence in 1963.

However, soon after independence, something went drastically wrong with our reform. The new regime retreated into the colonial bad habits and started oppressing its people. Land alienation went unabated. Tribalism replaced racism. Intentional deprivation of the people replaced forced labour. Suddenly Kenyans could talk of a land of ten millionaires against ten million beggars. This happened in a span of less than a decade.

If Raila Odinga spent the better part of his youth in detention camps under Moi, it was because he was one Kenyan who chose to put his life on the line for a better Kenya. If Marie Seroney and Martin Shikuku could defy the status quo and tell Kenyatta that KANU was dead, they had seen that the regime had veered from the path that Kenyans had died for.

If Achieng’ Oneko, Bildad Kaggia and Jaramogi Oginga Odinga could walk out of government so soon after independence; something was definitely not right with our young state. For Oneko, he had to be back in detention, this time on orders of his bosom Kapenguria cell mate.

If Raila talks about reformists, he cannot by any means talk about Raila Amolo Odinga alone. The plural there tells it all.
He must have in mind the bearded sisters of the 1980s in parliament, Koigi Wamwere, Charles Rubia, Kenneth Matiba, JM Kariuki before them, Wanyiri Kihoro, Otieno Mak’Onyango, Agina and many more that one can care to remember.

The Second Liberation is real. Ten years after the Nyayo era cannot make us belittle the sacrifices of yesterday. We cannot be that forgetful that soon. If you doubt me, ask Gitobu Imanyara, Kamau Kuria, the late Mangari Mathai, Richard Leakey and many other Kenyans who tasted the brutality of the Nyayo era.

If Raila wants to use his reformist credentials for his campaigns, he surely deserves to lay claim to that title. Others are free to think of some credentials that apply to them.

Nine years in detention in one’s life is no child’s play. Being arrested for organizing a coup in Kenya in 1982 and charged with high treason does not come cheaply. It is a life threatening situation.

Whether he planned the coup or not is no longer an issue today. Whoever planned it with him were fighting against the regime that was torturing, jailing and murdering its citizens at will. They were fighting a regime that had chosen to impoverish its citizens and curtail their freedoms.

What matters today is that what all these gallant Kenyans including Raila Odinga sacrificed for has given us a better Kenya. At a personal level, it has given my freedom to write this article without fear from any source.
jerryokungu@gmail.com

TALKS BETWEEN SOUTH SUDAN AND SUDAN: WHAT DOES THE WORLD NEED TO EXPECT?

By Luka Biong Deng
June 2, 2012
JUBA, South Sudan

This round of talks between South Sudan and Sudan will be different from the previous talks as it has specific time bound of three months and it is definitive in finding solutions to all the pending issues within four months as per the Resolution 2046 of the UN Security Council (UNSC).

The parties are aware that the business will not be as usual as the international community will be closely watching with UN Security Council to be briefed fortnightly about the progress of such talks and the implementation of the roadmap adopted by the AU Peace and Security Council (AUPSC). As such this round will involve serious preparation from the parties, political commitment and readiness to accept any outcome from these talks.

After the South decided to halt its oil production and captured Panthou (Heglig), the government of Sudan gained sympathy from the international community. In fact the government of Sudan had paradoxically outperformed the South diplomatically. The South failed even to soften the tone of the condemnation of the AUPSC of the South over Panthou.

The friends of the South in the UNSC were unable to defend the South in the face of barrage of false and unchallenged accusations articulated by the Sudan against the South. One diplomat in New York confided to me that it is the first time to see Sudan, as the most unpopular government in the world, to gain sympathy and to be listened to by the international community.

However such diplomatic success did not live longer as the international community was made aware about the issue of Panthou. The reckless statements made by the NCP leaders about the South helped to expose the true colour of the regime in Khartoum.

In particular the utterances made by President Bashir in describing the SPLM (implicitly Southerners) as insects and implicit reference to Southerners as slaves as well as his outright rejection of the roadmap all dashed away the diplomatic gains and international

sympathy. Equally the decision by Sudan to put preconditions for the resumption of peace talks and its partial redeployment of its forces from Abyei area and coupled with its continuous aerial bombardments of civilians in the South were clear defiance to AU and UN and that shifted the international pressure towards Sudan.

Besides this diplomatic failure, the defeat of the Sudan Armed Forces by the SPLA in Panthou, increased military activities of the Sudan Revolutionary Front (SRF) and coupled with growing economic hardship as confirmed by the recent IMF report, Sudan enters into these talks in a very shaky negotiating position. The claim that Sudan has received substantial foreign currencies from unnamed source and the resumption of oil production in Panthou is questionable as the available intelligence suggests that these are fabricated information to allay fears of the public about the looming economic collapse.

With China now taking a balanced stand towards the two countries and coupled with the growing critical views in US about the conduct of Bashir, Sudan is losing its friends and sympathizers. The current lukewarm US Foreign Policy towards Sudan that considers “the devil you know is better than the devil you do not know” may slightly change to seeing the unknown devil to be better than the current regime in Khartoum unless Sudan shows a real change in the current negotiations. Also the position of US to cut its assistance to any country that receives the indicted President of Sudan into its territory is a clear signal of change of policy towards Sudan.

Also in the region, Sudan has not been successful in managing its relations,with Ethiopia and Eritrea. While Ethiopian Prime Minister has been taking a high political risk in providing a diplomatic platform to cleanse the image of Sudan, his patience may run out as President Bashir let him down in many incidents, particularly his refusal to accept the framework agreement between NCP and SPLM-North and refusal to sign “Status of Forces Agreement” for the Ethiopian Forces in Abyei. Also the way Bashir is handling diplomatic relations with Eritrea to contain the political grievances in the Eastern Sudan may annoy Addis.

Although the political developments in Egypt and Libya may be in favour of the regime in Khartoum, the new emerging leaders in these countries may be cautious in dealing with NCP leaders as they may be seen as political liabilities in the way they have corrupted Islam in Sudan.

In terms of negotiating team, Sudan is poorly represented by a team headed by Mr. Idris Abdel Gadir who is weak and with an opportunistic mind that focuses only on party’s political gains rather than national interests of Sudan. He also lacks political backing from the big shots in the NCP. His leadership in the talks was questioned and came under serious criticism after the last round of negotiations that resulted in the signing of general framework agreement on four freedoms and border. Only Sayid Elkhatieb, a refined diplomat and intellectual, came to his rescue in explaining to the extremists in the NCP the rationale of this framework agreement.

The South, on the other hand, is recovering remarkably after the diplomatic show down as a result of its decision to stop oil production and capturing of Panthou. With more historical evidence provided by the South and international experts that clearly shows that Panthou is a contested area and not exclusively part of Sudan, the international community started adjusting their attitude towards the South.

The South performed extremely well in response to the roadmap adopted by AUPSC. Only four days after the resolution on the roadmap, the Government of South Sudan endorsed the roadmap and redeployed its forces out of Abyei area 6 days before the expiry date set by UNSC. Equally, the South adhered to the ceasefire and accepted the resumption of talks with Khartoum without any preconditions as per the resolution of UNSC and AUPSC.

With these actions towards implementation of the roadmap and coupled with its earlier decision to redeploy its forces from Panthou, the South has managed to demonstrate to the international community that it is not only a law abiding and responsible member of AU and UN but it has shown its eagerness to finding peaceful solution to all pending issues with Sudan. Also the visit of President Salva to China was a successful diplomatic outreach as it has greatly helped in improving diplomatic relations of the two countries.

Despite this diplomatic success, the South faces serious challenges that might hinder its negotiating position with Sudan. The South is entering into these talks but extremely worried about its economic challenges as vividly painted by the World Bank in its recent report. There is also looming food insecurity that might even worsen during the hunger gap in July when the South will be celebrating first anniversary of its independence with half of its population unable to access food.

The budget that was approved recently by the national legislature is not at all austerity budget as the public sector remains unreasonably huge with no serious efforts of reducing wage bill and operating costs. Equally, the remaining meager foreign reserves are not properly prioritized to meet the urgent needs of the population. Most donors may be forced to shift their development aid to humanitarian assistance in face of the growing food insecurity and inability of the government to finance its development progammes.

People are now queuing up in fuel stations in the South because of inadequate supply of fuel and inflation has reached an alarming level with food prices increasing to unaffordable level. The public servants and the law enforcement forces will soon realize that their wages are worthless in the face of hyperinflation that might trigger political discomfort. This situation has been exacerbated by the economic warfare adopted by Sudan against the South with shoot to kill any smuggler of goods and food supplies to the South. Recently, some of northern traders who attempted to smuggle goods to the South were either killed or trialed as traitors.

The South is highly or even over-represented in the current talks with almost key ministers being members of negotiating team that is headed by the Secretary General of the SPLM. Although this high representation shows seriousness and commitment of the South to the talks, it also underlines the need for rationalizing such representation in the light of crisis faced by the South. In comparison to the delegation of Sudan, the delegation of the South is capable and politically mandated and backed by the leadership of the South.

One would have wished for the South to scale down its representation to spare some ministers to manage the looming economic crisis and food insecurity in the South. In fact most members of the national crisis management team are members of the negotiating team of the South. It seems the South has put all its hopes in these talks and this may not reflect well in the way our government is managing the crisis facing our new nation.

Given the desperation of the two states to ease political pressure, it is likely the two states may reach agreement on the pending issues. It is clear that Sudan would adopt a strategy of winning the trust and confidence of AUHIP during the three months period with the aim of not concluding agreement on issues that AUHIP might favor their positions. On the other hand, as the South expressed concerns over the mediation of AUHIP, the South would be better-off to finding amicable solution of all the pending issues within three month and to minimize a chance of refereeing any issue to AUHIP,particularly on the issues that they will not get a good deal from AUHIP.

Also the way the parties would endure the economic hardship during the next three months will also determine the speed with which to reach agreement on the pending issues. In fact the parties are aware of these predicaments and the AUHIP could in fact use such dilemmas and expectations of the parties as leverages for finding amicable solution of all the pending issues within three month rather than imposing solutions that might be difficult to implement.

As it is extremely difficult to predict the outcomes of these talks, there are good opportunities in this round of talks to reach amicable solutions for all the pending issues. This will, however, entirely depend on how AUHIP will be able to facilitate these talks and to have a good sense of the pending issues so as to gain the confidence of the parties. Although AUHIP has been mandated to mediate these talks, there is a common perception that AUHIP has image problem in ensuring its neutrality and objectivity. This impression is not with the South but it is also shared by some circles in the international community. This could be overcome by making use of the wealth of knowledge and political backing of special envoys of the countries such as USA, China, EU and UN and who have in one way or other the confidence and trust of the parties.
 
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