The Ministry of Foreign Affairs yesterday explained why
Sudanese President Omar al-Bashir was not arrested in Nigeria. It said by the
statute of the African Union (AU), he was supposed to enjoy immunity like other
delegates.
It also said al-Bashir was in the
country under the auspices of the AU and the nation owes an obligation to
respect the decision of the continental body.
The ministry said the presence of
al-Bashir is a matter between the AU and the international community.
The Ministry made the clarifications
in a statement in Abuja against the backdrop of controversy trailing the
presence of al-Bashir in Nigeria for the AU Summit,
It said Nigeria is standing by the
2009 Resolution of the AU that the UN Security Council should defer the
proceedings initiated against President al- Bashir in accordance with Article
16 of the Rome Statute of the International Crime Commission (ICC).
The statement said: “With respect to
the participation of H E President Omar Hassan El-Bashir of the Republic of The
Sudan, it should be emphasised that Nigeria, as an active member of the
continental body, is under an obligation to comply with the decision of the
African Union on the Special Summit.
“The decision to hold this Summit
was taken by the Assembly of Heads of State and Government of the African
Union. Therefore, member states do not require the invitation from Nigeria to
attend. “Indeed, standard Host Country Agreements for such Summits grant
privileges and immunities to all foreign participants expected at the
conference, including obligations on the part of host countries to provide all
the necessary facilities for the entry and exit to participants.
“President al-Bashir was therefore
in Nigeria under the auspices of the African Union, based on the Assembly
decision to convene the Special Summit in Abuja, to deal with three diseases
that together constitute a heavy burden on member states.”
The Ministry urged Nigerians not to
make an issue out of al-Bashir’s trip to Nigeria.
It added: “Any attempt to make an
issue out of the attendance of President al- Bashir at the AU Summit will only
serve to unnecessarily shift focus away from the important objectives of the
Special Summit.
“It is, therefore, a matter between
the African Union and the international community.”
The Ministry said the Federal
Government decided to stick to the 2009 resolution of the AU urging the UN
Security Council to defer action against al-Bashir.
“For the records and avoidance of
doubt, Nigeria’s position in this regard is consistent with the AU Assembly
decision adopted at the 13th Ordinary Session of the Heads of State and
Government in Sirte, Libya on 3rd July, 2009, as it concerns President
al-Bashir of The Sudan.
“In this regard, it is worthy to
recall that following the lack of action on the request by the African Union to
the UN Security Council to defer the proceedings initiated against President
al- Bashir in accordance with Article 16 of the Rome Statute of the ICC, the AU
Assembly of Heads of State and Government decided inter-alia that the “…AU
Member States shall not cooperate pursuant to the provisions of Article 98 of
the Rome Statute of the ICC relating to immunities, for the arrest and
surrender of President Omar El-Bashir of The Sudan…”
“The AU decision further reiterated
its request to the UN Security Council and appropriate response is still being
awaited to-date. As a responsible member of the AU, Nigeria has a duty to take
full cognisance of this decision in the overall interest of Africa.”
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