The Government of Indonesia is Neglecting the Individual Criminal Responsibility by Inviting Omar Al-Bashir to Asian African Conference 2015
We, the undersigned organizations, condemn the ignorance of the Government of Indonesia on International Criminal Court warrant arrest towards the President of Republic of Sudan, Omar Hassan Ahmad Al-Bashir since July 2008 and March 2009. We deplore the Indonesian Government is persistent to invite Omar Al-Bashir for the Commemoration of 60 years of Asian-African Conference despite the condemnation of human rights activists all over the world. Omar Al-Bashir is allegedly criminal responsible of crimes against humanity, war crimes, and genocide under the Article 25(3)(a) of the Rome Statute.
The Government of Indonesia is neglecting the Prosecutor’s Statement of ICC in 2008, which stated that Omar Al-Bashir is responsible for implemented and masterminded three forms of crimes regulated in ICC from 2003 until 2008. The crimes occurred in substantial part of the Fur, Masalit and Zaghawa groups because of their ethnicity. First, Genocide including killing members of the Fur, Masalit and Zaghawa ethnic groups, causing serious mental harm, and deliberately inflicting conditions. Second, the crimes against humanity, including murder, extermination, forcible transfer of the population, torture and rapes. Third, Omal Al-Bashir is responsible for war crimes for intentionally directing attacks against the civilian population and pillaging.
We acknowledge that Indonesia is not a state party of Rome Statute of International Criminal Court. However, Indonesia has a moral obligation to maintain the International Peace and Security as states on Chapter VII of UN Charter. We believe, inviting the fugitive of ICC is one of the irresponsible act of Indonesia- as the country who upholds human rights and democracy. Moreover, by inviting Omar Al-Bashir to the Commemmoration of 60 years Asian-African Conference, Indonesian Government is violating the Spirit of the forum itself which first established in 1955 to uphold human rights, the abolition of colonialism, and the practice of racial discrimination and segregation. Omar Al-Bashir, the participant of the Commemmoration of 60 years of Asian African Conference has conducted all the violations the new form, including colonialism which against the Spirit of the Conference.
Omar Al-Bashir, is not the only Dictator involved in human rights violations which invited to The Asian African Conference held in Bandung in 22-23 April 2015. Indonesian Government also invited several other dictators, such as Democratic People’s of Republic of Korea/North Korea, and The Prime Minister of India, Narendra Modi- who was allegedly played a key role in facilitating the riots in 2002 resulted in more than 2000 people lost lives, mostly Muslims, and the rape of significant numbers of women and girls, in the western Indian state of Gujarat. Those countries have failed to show its commitment on the accountability of individual criminal responsibility through their legal domestic approach.
The visit of President Omar Al-Bashir to Indonesia on the occasion of Asian African Conference must be used by Indonesian President, Joko Widodo to show its commitment towards International law and mainstreaming human rights in the Diplomacy. Indonesia, as also a member of Human Rights Council must cooperate with International Criminal Court and respect the International Law.
International Criminal Court is the last resort for the gross human rights violation committed by individual, if the national and regional level does not take any effective measures towards the case. Therefore, we also encourage the African Commission on Human and People’s Right (ACHPR) as the regional human rights organization in Africa to show its commitment and effectiveness on the promotion and protection of human rights in the impunity case of Omar Al-Bashir as well as the improvement of law and human rights enforcement within the Republic of Sudan.
Last but not least, we demand the Government of Indonesia to ratify the Rome Statue of The International Criminal Court in the near future as the commitment to end impunity for the perpetrators of the crimes of genocide, crimes against humanity and war crimes to the international community.
Jakarta, 20 April 2015
The Commission for The Disappeared and Victims of Violence (KontraS)
Haris Azhar, MA- Executive Coordinator (+62 815-1330-2342/ firstname.lastname@example.org)
Indonesian Civil Society Coalition for the International Criminal Court (CICC)
Mugiyanto, Convenor of CICC (+62 813-9982-5960/ email@example.com)