{UAH} An Africa-wide coup at Addis? 14 out of 53? - Comment - www.theeastafrican.co.ke

http://www.theeastafrican.co.ke/OpEd/comment/An-Africa-wide-coup-at-Addis/-/434750/2038970/-/4odlnpz/-/index.html

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An Africa-wide coup at Addis? 14 out of 53? - Comment

By L. Muthoni Wanyeki
Posted  Saturday, October 19  2013 at  11:14

It is now clear that Uhuru Kenyatta and William Ruto were not candid with Kenyans during their campaigns. They had no intention of treating their ICC cases as a "personal challenge."

They had every intention of utilising the entire state machinery to wriggle out of them. Thus, it is not enough that no small number of MPs are now ignoring their mandates by visiting the Hague to demonstrate political support for the accused. No.

Cabinet Secretary for Foreign Affairs Amina Mohamed must also flit all over the place to drum up regional and international support. And Kenya's diplomats be reduced to doing nothing more than lobbying on behalf of the accused.

It is an appalling misuse of public resources.

Similarly, the decisions from the African Union's recent extraordinary session are an appalling misdirection of their anger and concern about the instrumentalisation of international justice in international affairs. At least, again, on the face of it.

Why only on the face of it?

Despite the media spin, let us be clear. Only 14 of Africa's 53 heads of state and government bothered to show up for the extraordinary session — that is just over a quarter.

Yes, other heads of state and government were represented by accredited representatives. But this was, by no means, the Africa-wide coup that it was made out to be.

Be that as it may, Kenyatta and Ruto got what they wanted. The Assembly, unsurprisingly, affirmed its position that no international proceedings should be instituted (or continued) against sitting heads of state and government, calling for this to be placed on the agenda of the ICC's Assembly of State Parties, with accompanying amendments to the Rome Statute.

But it went further to also call for: The suspension of Kenyatta and Ruto's trials until the end of their term in 2018; Kenya to make the request for an Article 16 deferral before the United Nations Security Council, backed by an AU contact group at ministerial level; and (outrageously) Kenyatta not to attend his trial until both the ICC's ASP and the UNSC had considered those requests. The Assembly reiterated its concern with the management of the justice and peace tension.

Frankly, nothing about Kenyatta and Ruto's trials constitutes a threat to the peace either in Kenya or beyond.

They both campaigned on the basis that they would co-operate with the ICC, they've done so to date and... nothing's happened. Public support for the ICC is still higher than lack of support, as demonstrated by opinion polls. Victims want the trials to continue, as demonstrated by reports on victims' views.

The fact that the trials are underway continues to be a deterrent against further attempts to politically mobilise and organise on the basis of ethnic grievance. That, to be frank, is only due to the ICC hovering over all our heads.

Ruto continues to go to court. Kenyatta must go as well. The AU should redirect its ire. The UN Security Council should not concede.

L. Muthoni Wanyeki is doing her postgraduate studies at the School of Oriental and African Studies (SOAS) in London

An Africa-wide coup at Addis? 14 out of 53? - Comment - www.theeastafrican.co.ke
http://www.theeastafrican.co.ke/OpEd/comment/An-Africa-wide-coup-at-Addis/-/434750/2038970/-/4odlnpz/-/index.html