Bashir support in conflict with Constitution: LAC

NAMIBIA’S endorsement of the African Union (AU) decision not to co-operate with the International Criminal Court (ICC) in respect of the arrest and surrender of Sudanese President Omar al-Bashir, means the country is breaking its international treaty obligations and defying the Namibian Constitution, the Legal Assistance Centre said yesterday.

Article 144 of the Namibian Constitution states that international treaties, such as the Rome Statute, which established the ICC, are binding on Namibia. However, Foreign Affairs Minister Marco Hausiku told The Namibian this week that Namibia was part of the decision to ask for the postponement of the indictment of Bashir.LAC director Norman Tjombe said the decision by the AU represents the most serious challenge to the struggle against impunity and lawlessness on the African continent.’Namibia’s endorsement of the AU decision suggests that it is not to be trusted with its international treaty obligations. Should the Namibian Government persist with its support for the AU decision it will do so in open defiance of its own Constitution and its international treaty obligations,’ Tjombe said.He said Namibia has a notable record on human rights when compared to other countries on the continent.’Considering our recent history of violent oppression under Apartheid, of all nations, we are expected to side with victims of mass murder, rape, mutilation and torture; not with their tyrants and persecutors. The decision of the AU is disappointing, and Namibia’s endorsement thereof is indeed a big disappointment, and a serious indictment of our commitment to human rights for all,’ he said.Hausiku said many people suffer in Sudan and will continue to suffer if Al-Bashir’s indictment is not postponed.The decision means that Bashir is now free to travel to 30 African countries without fear of arrest.The Rome Statute – which forms the basis of the ICC – places a legal obligation on the member states for the apprehension of individuals wanted by the court if he arrives in their territories.The legal aspects of the decision at the Sirte summit are unclear. International treaties ratified by a state are binding in whole unless the country decides to withdraw altogether.