NO election and NO..NO to ICC postponement. by Hatim El-Madani*
Sudaneseonline.com
Leaving behind the National Congress Party’s perennial tactics of obfuscation and chameleon-like illusions to distract from calls for their departure and accountability, the Sudanese people’s demand echoes resoundingly. This is no mere grudge held by a solitary political opponent or dissenting voice; it is an unwavering chorus sung by all Sudanese parties, agreed upon and signed in Cairo 1990 and Asmara 1995, vowing to uphold democracy’s tenets.
A parliamentary act weeks before its dissolution in 1989 saw all but the NCP pledge to protect democracy, demanding that no political group participate on religious or tribal platforms. These values became cornerstones in negotiations with the regime, echoed by armed militias, including their current partner, the SPLM, and the Darfuri SLM, among others. The vow represents the collective will of the Sudanese people.
The Sharia Conundrum
For the Islamists, the crux lies in Sharia Law, a slogan used to radicalize the illiterate masses for sinister purposes beyond the law itself. This matter should be subject to a national referendum after a clear draft is debated by a future parliament, not a campaign or manifesto issue.
Conditions for Participation
If the NCP wishes to participate in the political process, certain conditions must be met: the dismantling of its infamous security apparatus and armed militias, a national process of financial accountability and cleansing, and reforms of state governing departments. Without these vows being kept, there is no point in entertaining future promises.
The Spectre of Sham Elections
With less than five months until the NCP’s unilaterally planned elections, the media remains under their control, dissenting voices imprisoned, politicians detained, women flogged and humiliated for their attire, Darfurians confined to IDP camps, and extremist jihadists marching the streets. The notion of free elections under such circumstances is laughable, and these are no exaggerations of the situation on the ground. There can be no election with them in power, full stop.
The ICC and the Path to Justice
Regarding the International Criminal Court (ICC) issue, it is wise to remember that the international community jointly referred their crimes to the ICC after exhausting all remedies. We must not indulge in doubting the victims’ claims or portraying them as pursuing “militias’ agendas and vendettas,” especially when the majority do not feel safe to come forward in their own country. We ought to respect the judges and prosecutors tasked with this responsibility, as the case is only in pre-trial evaluations. Any attempt to undermine their credibility could be seen as an attempt to influence the course of justice and unduly mitigate the situation.
Those who claim expertise and express opinions on everything, only to later distance themselves from solutions or claim prescience in the event of justice’s failure, are mere alarmists. Their sensational rumors reported as facts regarding the expected reaction to the ICC outcome by the NCP’s vigilante force are baseless and serve only to legitimize threats through prediction. If carried out, these would be the common thuggish reactions to justice that have marked this mafia’s rule from day one, and the international community should not be blackmailed by such behavior.
What is truly baffling is the discounting of the fact that the international community’s referral of the case to the ICC itself acknowledges that crimes against humanity have been committed, rendering further debate and trade-offs unnecessary. It is pathetic to debate whether the admitted slaughter of innocents constitutes genocide or “only” nine thousand victims, or to quibble over methods of counting skulls.
The Path Forward
This juncture with the ICC in Africa should be fully supported by all who seek the benefits of justice and accountability that brought civility and progress to Europe after years of bloodshed, hatred, and extremism. Justice should never be a trading card, bottled, colored, or cultured. It may not be an instant, fruitful remedy, but it is the right path for the long-term rule of law in Sudan, without which fair elections or democratization cannot take place.
If the ICC is set upon trying them, we should do all in our power to ensure they stand before it, publicizing its course as a deterrent to tyrants, killers, and warlords, and assuring victims that no bullying power will stand between them and their wishes for just justice. Future ethnic or religious war perpetrators, dictators, and warlords in Africa or the world will bear this in mind.
Hatim El-Madani*