EU berates SA over Al Bashir

South Africa should have prevented Omar Al-Bashir from leaving the country‚ a delegation from the European Union’s parliament said‚ but the ANC maintains the country’s failure to arrest him had been “for the greater good of humanity”.

The delegation met with representatives of South Africa’s parliament for two days last week to discuss issues around trade‚ development and international relations.

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However‚ when it came to discussions around Sudan‚ chair of the European delegation Hans van Baalen made it clear that South Africa’s position did not stand up in international law.

“Unfortunately‚ I am an international lawyer and have looked into cases like the Yugoslavian tribunal and if a country signs an international treaty‚ it is committed to that‚” he said.

“South Africa should have prevented Al-Bashir from leaving the country‚” he said.

“I think the big issue here is if you want to have peace‚ you have to negotiate with your enemy. So the question is how to negotiate with leaders‚ who to my opinion which is not a legal opinion‚ are war criminals. It is a terrible discussion and I am happy that my country didn’t have to test this.”

The South African delegation‚ made up of MPs from the ANC‚ the DA and the ACDP‚ which had presented a united front on several issues‚ differed strongly‚ but politely on the issue of Al-Bashir’s arrest.

Chair of the South African delegation‚ Joanmarie Fubbs‚ said that while the country was a “supporter of good governance‚ and law” it was balancing its international obligations and its obligations on the continent when it had not effected the arrest of the “honourable Al-Bashir”.

She said the International Criminal Court’s original charges against Al-Bashir had been “considerably reduced” and South Africa’s route had always been one of reconciliation and regional integration.

She said that while the decision was based on “considerations I was not privy to” the country had to bear the safety of peace keeping troops in Sudan in mind.

“We were not prepared to allow another CAR (Central African Republic). We went there as a peacekeeping training group and we buried our soldiers here.”

News reports at the time indicated that South African troops had come under some pressure in Sudan as a result‚ but government denied this.

Fubbs' ANC colleague Adrian Williams meanwhile said the situation had been “tricky”‚ but said had the arrest been made “thousands of people would have died” and South Africa would have lost its ability to negotiate in the country.

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“It is for the greater good of humanity that we did not arrest that individual‚” he said.

The DA’s Mike Waters told the EU delegation though that Fubbs was “trying to defend the indefensible”.

He said Al-Bashir’s “escape” was in direct violation of a court order.

As he spoke‚ members of the South African delegation murmured that the matter was sub judice.

Fubbs told the EU delegation that “the president has made a statement on behalf of the government and until the courts pronounce on it‚ we don’t have a final position on it.”

The EU’s Boris Zala‚ and vice chair of the delegation said that Africa countries often said that the International Criminal Court had an unfair focus on African countries‚ but said there were other regional bodies which concentrated heavily on their region.

“The International tribunal on Yugoslavia was very active and sentenced nearly 20 people. It hunted them for 15 years‚ actively. No-one escaped the hand of justice.”