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The Rule of Law in South Africa: Undoing Mandela’s Dream

After posing with other African leaders for pictures at the African Union (AU) Summit in South Africa over the weekend, Sudanese President Omar al-Bashir was allowed to leave the country despite a warrant for his arrest issued by the International Criminal Court (ICC) on charges of crimes against humanity, genocide and war crimes. South Africa is a party to the Rome Statute, and was obligated under international law to arrest and surrender the autocrat to the ICC’s jurisdiction. His unhindered travel to yet another international summit further dampens the ICC’s relevance and undermines entrenched standards of international criminal law.

While such an affront to international norms dismays the ICC and victims of the genocide in Darfur, the South African government’s decision to not detain the dictator constitutes a major blow to the rule of law inside the Rainbow Nation. Upon al-Bashir’s arrival in South Africa, the Pretoria High Court had issued an interim order prohibiting the Sudanese leader from leaving the country until the case could resume on June 15, 2015. The South African court was mulling whether he should be arrested and handed over to the ICC. The executive branch instead ignored the court’s ruling and welcomed the international fugitive with open arms.

The South African government’s utter disregard for both international and domestic law is troubling for a country with such a revered struggle for justice and human rights. The South African people must now mobilize themselves to keep President Jacob Zuma and the African National Congress (ANC) accountable to the rule of law if the country is too tackle its sundry challenges with regard to fighting poverty and violence sparked by xenophobia. Moreover, South Africa risks loosing its international standing as a leading African democracy if its leaders continue to coddle the world’s most infamous fugitives.

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The Odious Guest and Citizen-led Accountability: Will South Africa Pass the Test?

The Odious Guest and Citizen-led Accountability: Will South Africa Pass the Test? The prospect of yesterday’s freedom fighter becoming today’s accomplice is dismaying for a country with such a revered history of fighting injustice.

Sudan’s President Omar al-Bashir is not your typical transnational fugitive. The first sitting head of state to be indicted by the International Criminal Court (ICC), al-Bashir has resided comfortably in Khartoum since charges of genocide, crimes against humanity and war crimes were brought against him in 2009. In spite of widespread international opprobrium over the decade long bloodshed in Darfur, al-Bashir not only continues to lead a public life but also regularly travels to other countries, attending official functions in his capacity as the Sudanese head of state. Since 2009, al-Bashir has traveled across several continents, making trips to countries including Egypt, Kuwait, Saudi Arabia and China among others. His current liberty highlights not only the dearth of an effective enforcement arm at the ICC but also illustrates the reticence of world leaders to abide by their obligations and responsibilities as political and legal authorities. Such trends have in turn undermined established standards of international law.

Recently, al-Bashir was invited to attend the African Union (AU) Summit in South Africa, scheduled to take place from the 7th to the 15th of June. As a member of the ICC and the United Nations (UN), South Africa would be violating international law if it did not comply with the ICC warrant to arrest and surrender al-Bashir. Yet his invitation is also at odds with domestic law, given South Africa’s implementation of the ICC Act of 2002. As a result, the Rainbow Nation is playing politics at the expense of the rule of law, a worrying development for a country that has undergone a prolonged struggle for justice and human rights.

The invitation of the infamous fugitive represents both an opportunity and a challenge for Africa’s leading democracy. South African authorities may have extended an invitation to al-Bashir as a formality, ready to abide by their legal obligations under the Rome Statute and arrest and surrender the autocrat if he decides to enter their territory. However, the invitation could also represent President Jacob Zuma’s attempt to take the law into his own hands and violate both domestic and international law. Regardless of the government’s intentions, the people of South Africa retain momentous influence over their policymakers. President Zuma may be able to snub Darfur’s calls for justice, yet he cannot ignore his people. Hence, it is imperative that South Africans hold their government accountable for its actions.

In light of this, Darfur Women Action Group (DWAG) and its partners have not let the ambiguous actions of the South African government go unnoticed. Bashir Watch, a coalition of human rights groups, recently sent a letter pressuring the South African authorities to respect the rule of law. http://bashirwatch.org/2015/06/04/south-africa-invites-bashir-to-participate-in-african-union-summit/ The letter was penned on behalf of a diverse group of civil society organizations including the Coalition of the International Criminal Court, the International Justice Project, United to End Genocide, Waging Peace, UK and DWAG. The coalition’s efforts have been successful on numerous occasions, most notably in preventing President al-Bashir’s notorious attempt to visit the United States for a UN summit. These organizations have focused on keeping not only the Sudanese authorities accountable for the atrocities committed in Darfur, but also the international community in its lackluster response to the unremitting barbarity that has ravaged Sudan’s remote region. As governments attempt to walk away from their responsibilities, citizens must be empowered to hold their leaders accountable and remind them of their obligations, an approach that DWAG has worked tirelessly to promote. Non-state actors shouldn’t have to bear the burden of fighting genocide, yet Darfur’s abandonment by the international community leaves those with a conscience no other choice but to remain true to the 20th century’s harshest lesson: ‘’never again’’.

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Join DWAG on April 24 & 25 for a Hunger Strike and a Rally to Show Your Support for Darfur

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Castleton in Performance

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Join DWAG on March 8 in Front of the Sudanese Embassy

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Become an Advocate for Change in Darfur: Join the Rapid Response Network

Raise your hand if you bought a green “Save Darfur” magnetic ribbon for your car. What about a Save Darfur shirt or rubber bracelet? How many articles about the genocide in Darfur did you share in 2007 compared to how many you share today? Many US citizens were once poised to respond to the genocide in Darfur, but compassion fatigue set in and the many people who were once vocal about ending the genocide in Darfur have fallen silent.

Today the violence in Darfur continues, and the fighting has spread to other areas such as Blue Nile, South Kordofan, and the Nuba Mountains. The notorious Janjaweed continue to perpetuate violence in communities throughout Sudan—all on the orders of the central Sudanese government in Khartoum. The President of Sudan, Omar al-Bashir has severely restricted humanitarian aid from reaching people in dire need of life-saving supplies; while other aid organizations have been expelled from Sudan all together. Most recently Human Rights Watch reported that mass rapes were committed during the fall of 2014. More than 200 women and girls were raped and tortured by the Sudanese army in the town of Tabit over a three day period. It is clear that the violence in Sudan continues to grow worse each day despite the lack of media attention.

If the current news coming out of Sudan isn’t enough, the numbers are staggering: more than 450,000 people have died and 2.8 million have been displaced from their homes since the violence began. Omar al-Bashir is wanted by the International Criminal Court for war crimes, genocide, and crimes against humanity, yet he remains a free man due to the international community’s indifference.

The violence in Darfur and in other regions of Sudan can seem overwhelming, but there is something you can do. Darfur Women Action Group (DWAG) advocates for the people in Darfur and DWAG has a unique opportunity for you to make a difference. Join their Rapid Response Network and be on the forefront of change. As a Rapid Responder you will receive the most up to date information about the situation in Darfur; you will be included in monthly conference calls with anti-genocide activists and be well-positioned to hold community events and lobby Congress for change to the way the US handles situations of mass atrocities. Darfur Women Action Group launches this Rapid Response Network with urgency as the situation on the ground in Darfur continues to deteriorate. You have the power to become an advocate for change in Sudan.

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JOIN OUR RAPID RESPONSE NETWORK AND BECOME A VOICE FOR THE PEOPLE OF DARFUR!

JOIN OUR RAPID RESPONSE NETWORK AND BECOME A VOICE FOR THE PEOPLE OF DARFUR!

You may have heard about the genocide in Darfur, but what you may not know is that it still continues. Hundreds of thousands of women, men, and children have been brutally murdered, displaced, or stranded without any humanitarian aid. Rape and sexual violence remain prevalent and are systematically used to terrorize young girls and women. These massive human rights abuses are sponsored and committed by the government of Sudan, led by President Omar al-Bashir, who is wanted by the International Criminal Court (ICC) for genocide, war crimes, and crimes against humanity.

Most of the world is unaware of what is happening in Darfur, however, some of those who are knowledgeable on the issue and are in position of power choose to turn a blind eye to the devastation and do nothing to stop it. Darfur Women Action Group (DWAG) is determined to both raise awareness about the horrific human rights abuses occurring daily in Darfur and change the way the international community addresses genocide, in general. An example – in October, 2014, over 200 young girls and women were gang raped in a village in Darfur by government forces over a period of several hours, yet few people either know or have responded to this horrifying atrocity. So few people speak out and demand action; we want to change that. However, we cannot do it alone, which is why we are asking you to join us as a Rapid Responder.

We are inviting individuals from all over the United States who want to be inspired and inspire others to make a difference in the lives of those who need it most. As a Rapid Responder, you will receive up-to-date information about the situation in Darfur, allowing you to educate yourself and those around you about the Darfur genocide. You can also post this information on social media to increase the scope of your influence. For example, you can post links to news articles on your Facebook wall or tweet special alerts using our hashtag #Respond2Darfur. Through social media attention, we can increase awareness and work towards ending this long-standing genocide.

With our assistance and resources, you can also:
• Organize movie screenings of survivors’ stories and see how genocide has devastated people’s lives and the region as a whole.
• Send letters or make appointments to speak to your elected representatives to express your concerns about the situation in Darfur.
• Participate in DWAG’s monthly conference calls to receive information on Darfur and upcoming events, as well as train to become an anti-genocide activist.
• Hand out DWAG’s educational materials to family, friends, classmates, co-workers, and anyone else who might be interested in learning about this genocide and helping the people of Darfur.

If you would like to participate in any of the aforementioned events, DWAG members will assist you every step of the way. We will provide materials, resources, and any additional assistance you may need. We are also available 24/7 to answer any questions you may have. We want to help you in every possible way so that together we can raise awareness to ultimately end the first genocide of the 21st century – the longest genocide in history.

Since the Holocaust, modern world leaders have failed to respond to genocide, when and where it occurs. Genocide is the ugliest form of humanity and we aim to change how the world reacts to it. Every action, big or small, makes a difference for the women, men, and children living in these horrific conditions. Thank you for choosing to help the millions of suffering Darfuris by taking action and joining the Rapid Response Network. Please e-mail Maggie Costello at outreach@darfurwomenaction.org with your name, city, and state to become a Rapid Responder for Darfur Women Action Group today.

Sincerely,
Maggie Costello
National Coordinator, DWAG Rapid Responder Network
Outreach@darfurwomenation.org

Twitter: @DWAG6
Facebook: https://www.facebook.com/DWAGRapidResponseNetwork
Website: https://staging.darfurwomenaction.org/
No personal information gathered from Rapid Responders will be shared or sold. All personal information will be kept by DWAG and only be used within the organization communication
Darfur Women Action Group © 2015