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From: Biniam Tekle (biniamt@dehai.org)
Date: Fri Aug 27 2010 - 09:16:04 EDT
http://www.google.com/hostednews/afp/article/ALeqM5hNm-1GmOxtgiV-Hsa9odubHAdLbA
Sudan leader in Nairobi as Kenya adopts constitution
By Otto Bakano (AFP) – 6 hours ago
NAIROBI — Kenya formally adopted a new constitution Friday in a
ceremony attended by several African leaders including Sudan's
President Omar al-Bashir, despite being indicted for genocide and
warcrimes.
His presence threatened to overshadow a landmark ceremony watched by
tens of thousands of onlookers in which Kenya's President Mwai Kibaki
signed the constitution into law in Nairobi's main park.
The document, overwhelmingly approved in a national referendum earlier
this month, is a pillar of reforms aimed at averting a repeat of the
violence that killed more than 1,000 people following the disputed
2007 election.
The new law, replacing the country's 1963 independence constitution,
maintains a presidential system, but with substantial checks,
introduces a devolved system of government and consolidates democracy
and basic rights.
Hordes of flag-waving Kenyans thronged Nairobi's Uhuru Park (freedom
park) where a military parade, a helicopter overflight and a 21-gun
salute marked the elaborate ceremony.
"Today is a great day for Kenya," said Kibaki, who took a new oath of
office after signing the new charter into law. "This is the most
important day in the history of our nation since independence.
"As Kenyans, we should be proud of making history as one of the few
nations in the world that have successfully replaced their
constitution in peace time," said Kibaki after acknowledging the
presence of Bashir by mentioning him by name at the start of his
speech.
Prime Minister Raila Odinga was also sworn in under the new
constitution, which however removes his position, but he will
nonetheless remain in office until new elections in 2012.
Kenyans attending the ceremony praised the new law.
"I am proud to be a Kenyan. It is a great moment for the country and I
am glad it has come in my lifetime," said George Otieno, who arrived
at the venue at dawn.
Bashir, whose name was not on the list of heads of state expected to
attend issued by the Kenyan foreign ministry, arrived at Uhuru Park
and was ushered to the main dais.
The veteran leader appeared relaxed and smiling as he shook hands with
other African leaders attending the ceremony.
The Sudanese president is subject to two arrest warrants issued by the
International Criminal Court for atrocities committed by his forces in
Sudan's western province of Darfur.
Kenya, as a signatory to the treaty which set up the ICC, is obliged
to cooperate with the court and arrest Bashir.
Among the heads of state attending were Uganda's Yoweri Museveni,
Rwanda's Paul Kagame and President Ahmed Abdallah Sambi of Comoros.
African Union (AU) chief Jean Ping was also present.
New York-based Human Rights Watch called earlier on the Kenyan
authorities to either "arrest him or bar him entry" if he were to
attend.
"Kenya is a state party to the ICC. The court?s treaty, the Rome
Statute, requires states to cooperate with the court, which includes
the execution of arrest warrants," HRW said in a statement.
"Kenya will forever tarnish the celebration of its long-awaited
constitution if it welcomes an international fugitive to the
festivities," said Elise Keppler of HRW's International Justice
Programme.
The ICC's first-ever warrant against a sitting head of state was
issued against Bashir in March 2009 on charges of war crimes and
crimes against humanity. The second was issued in July 2010 on charges
of genocide.
Bashir in July visited neighbouring Chad, which was at the time
strongly criticised by the European Union and human rights groups for
its refusal to arrest Bashir.
That visit was his first to an ICC member state, although both Chad
and Kenya are members of the African Union which has said that the
arrest warrants against Bashir are counterproductive for the quest for
peace in Darfur.
The ICC has no police and relies on states that support it to carry out arrests.
An AU summit in Uganda in July accused the ICC prosecutor of being
"condescending and rude", including over Bashir's case, and reiterated
its call called on member states to ignore the warrants.
The AU also rejected an ICC request to open a liaison office in
Africa, where all of the world court's ongoing cases originate.
The United Nations says up to 300,000 people have died since conflict
broke out in Darfur in 2003, when ethnic minority rebels took up arms
against the Bashir's Arab-dominated regime for a greater share of
resources and power.
Sudan's government says 10,000 have been killed.
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