20 Mar 2013

Foreign Affairs and International Cooperation minister, Mr Phandu Skelemani, has put into perspective what he said in connection with the Kenyan parties against whom charges have been leveled by the International Criminal Court (ICC).

Responding to a question in Parliament from Kanye North MP, Mr Kentse Rammidi, Mr Skelemani said Botswana and Kenya were State Parties to the ICC and such membership presented obligations, opportunities and consequences.

Therefore, he explained that what he said was that “as can and should be expected, any State Party to the Court is bound by its rules and regulations and we would be obliged to arrest any person against whom the Court would have issued an arrest warrant.”

By saying so, Mr Skelemani said he was “merely explaining the rules of the Rome Statute of the ICC and obligations of State Parties to the Court.”

In the case of Kenya, Mr Skelemani said he indicated that the Parties involved had not only pledged cooperation, but had always cooperated with the ICC. In other words, he said the Kenyan situation did not fall within the scope of non-compliance by a State Party to the Court, and no warrant had been issued against the Kenyan President- Elect.

“Botswana as a member of the ICC, will only act in accordance with decisions of the Court. At the moment, no decision has been made regarding the Kenyan Parties that would require Botswana to do anything. I never made the alleged statement,” he added.

He said if the alleged statement was true it would be an aberration and inconsistent with the need to promote cordial relations between Botswana and Kenya, adding that he made no such statement. 

Further, Mr Skelemani said his job as the Minister of Foreign Affairs and International Cooperation was to promote and protect the interests of Botswana based on the country’s values as defined throughout time-tested national principles that guided “our foreign policy and more profoundly, based on the foreign policy position that may be directed from time to time by the President.”

“I need not emphasise that Botswana’s relations with Kenya are stronger than ever. This is because, Kenya has for the first time since 2007, when the country went through tumultuous elections conducted free, fair and credible elections that have been applauded by the international community,” he said.

This free, fair and credible election, he said was in line with the values and aspirations of Botswana- “namely to see a democratic Africa working in concert to rid the continent of man-made and natural scourges of under-development.”

As for the apology reportedly reported in the media in Kenya and Botswana, Mr Skelemani said the answer was “no”. He said there was never a need for him to apologise as he had not said anything which could be constructed to bring into disrepute, Botswana relations with Kenya.

Based on Botswana’s obligations to the Rome Statute, Mr Skelemani said it wss a duty of State Parties, to facilitate the work of the ICC and that was what Botswana had signed to undertake when the country ratified the convention to protect human rights in Africa and indeed throughout the world.

“It is also my duty to promote and protect the interests of Botswana by giving my best advice to the President and to other arms of the government such as this august house. In this regard, I believe my Ministry has delivered,” he said.

“What I regret is the misunderstanding and obvious pain caused to the Kenyan people and their leaders by the total misinterpretation of my response to a hypothetical question,” he added. 

Mr Rammidi had asked Mr Skelemani to state whether he made a statement to the effect that the Kenya President-elect will not be welcome to Botswana on account of the charges levied against him by the ICC.

Kanye North MP also wanted to know if Foreign Affairs and International Cooperation minister found the statement to be consistent with the need to promote cordial relations between the two countries, what prompted the statement and whether he had apologised for his statement as reported by the press in Kenya. ENDS