'Exit from ICC bad for rule of law'

18 July 2016 - 09:08 By Aphiwe de Klerk

SA Human Rights Commission chairman Lawrence Mushwana has asked for a meeting with International Relations and Co-operation Minister Maite Nkoana-Mashabane to discuss his concerns about the country's commitment to the Rome Statute. In an open letter to Nkoana-Mashabane, Mushwana said he was concerned about positions taken by the country on human rights matters."In recent months, following the government's failure to take steps and detain [Sudanese] president Omar al-Bashir during his visit to South Africa in June last year, the government has indicated that it is seriously reviewing its participation in the Rome Statute."Mushwana said Bashir had been charged by the International Criminal Court for crimes against humanity, war crimes and genocide.Bashir was in the country to attend an African Union summit in Sandton, northern Johannesburg.The Bashir saga sparked a debate within the ANC, with many calling for the country to leave the court following concerns that it was targeting African leaders for prosecution.Mushwana said exiting the court would not bode well for the rule of law in the absence of an alternative to holding African perpetrators of human rights violations and international crimes accountable for their actions.Early this year, the Supreme Court of Appeal found the government was obligated to co-operate with the court by arresting Bashir.It also said it was unlawful for the government to allow him to leave the country.Mushwana also expressed concern that South Africa abstained from a vote in the UN Human Rights Council to appoint an independent watchdog on sexual orientation.He said he wanted a discussion on the issues he raised.International Relations and Co-operation spokes-man Clayson Monyela could not be reached for comment...

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