H.E. Mr. Ban Ki-Moon

Secretary General

United Nations Organisation

                                                                                                                                            Khartoum, 03.09.2007


Dear Mr. Ban Ki-Moon,


On behalf of the Board, members and associates of the Darfur Bar Association (DBA)we wish to welcome you in our country, the Sudan. DBA and its members are especially encouraged by this timely visit to our country, and which demonstrates the special attention that your high office has accorded to the situation in Sudan in general and in the Darfur region in particular. While we wish to thank you for your personal concern about the situation in our region we are confident that your distinguished career, experience and genuine commitment to the cause of peace and justice for the people of Africa in general, and Sudan in particular, will give a significant impetus to the concern of the United Nations Organisation (UN) and guide its future action to ameliorate the situation in this part of the world. We strongly believe that this visit will provide the UN and the international community with additional authority and strengthen its vision, understanding and determination to help end the dramatic situation in the Darfur region and alleviate the suffering of the victims of this tragic situation.


Dear Mr. Ban Ki-Moon,


DBA and its members fully concur with the contents of your Three-Point Action Plan for Sudan, Darfur, which was disclosed during your Press Conference in New York on Tuesday, 28th August 2007. As you have rightly mentioned in your Action Plan, DBA believes that the first priority to end the conflict in Darfur should be placed on “Getting peace-keepers on the ground, speedily and effectively.” The second priority to complement the peacekeeping operation in Darfur should be placed on the political negotiations to work out political arrangement acceptable to all the parties and approved with their informed opinion. The third priority for peace in Darfur is the provision of humanitarian aid and introduction of projects for sustainable development in the region. In this regard we do fully agree with you that: “Any peace in Darfur must be built on solutions that go to the root causes of the conflict” and that “sustained economic development” is an important factor in this process. DBA and its members and associates fully support this Three-Point Action Plan for Sudan, Darfur, and look forward to actively contribute to the success of this strategy.


Dear Mr. Ban Ki-Moon,


As you are fully aware on 31st July 2007 the UN Security Council adopted resolution 1769 (2007) through which it has decided to create the AU/UN Hybrid operation in Darfur (UNAMID). Resolution 1769 (2007) has authorized the deployment of the world’s largest peacekeeping operation to protect the citizens of Darfur.  We also understood that practical measures are already underway to give effect to the provisions of this resolution. This is a substantial step in the right direction. However, successful implementation of resolution 1769 (2007) requires careful reading of its provisions. There is also need for decisive and pragmatic approach that may be followed by additional UN Security Council measures in order to take into consideration some vital issues that could have not been discussed and agreed upon during the process that led to the adoption of resolution 1769 (2007). In this regard it is to be remembered that the international community has yet to find ways to implement the provisions of numerous resolutions and measures undertaken by regional and international organisations on the situation in Darfur. DBA is especially concerned that UN Security Council resolutions 1591 (2005) and 1593 (2005) are yet to be fully implemented. These resolutions have addressed important issues such as the disarmament of the Janjaweed militiamen and the prosecution of individuals who were accused of organizing, sanctioning the commission of or executing war crimes and crimes against humanity in Darfur before the International Criminal Court. This is a serious shortcoming, which seriously hinders the realization of peace and security in Darfur. We strongly encourage you to persuade members of the UN Security Council to take the necessary measures to address these two important issues without delay.


DBA strongly believes that, in fact, the success of any future plans for peace in Darfur will largely depend on the following:


  1. It is crucial that the AU/UN Hybrid operation in Darfur (UNAMID) be provided with the necessary and continuous political and diplomatic support. Most importantly it should be provided with resources and capabilities to carry out its task in protecting civilians in Darfur effectively. The conduct of the peacekeeping mission should be under the direct scrutiny not only from members of the UN Security Council but also from Sudan’s peace partners in their individual capacities.


  1. Disarmament of the Janjaweed militia and other government-sponsored armed groups in Darfur is the key to peace and security in the region. The Janjaweed have the ability and potential to continue a long-term campaign of destruction in Darfur if they are left intact. This is because they have developed a racist and discriminatory mentality, a sustained warrior culture, knowledge of the region and abundant weapons.


  1. Resolution 1769 limits the role of the international community to: "whether any arms or related material are present in Darfur” whereas the challenge for peace in Darfur requires the world to develop a workable strategy to limit the presence and eventually eliminate weapons possessed by militia groups, in particular the Janjaweed, in order to see an end to violence and instability in Darfur.


  1. Special attention needs to be accorded to the growing phenomenon of the repopulation of Darfur by alien nomads from neighbouring countries such as Chad, Niger etc. or the resettlement of Arabs from other parts of Sudan in areas from which indigenous Fur, Massaleit, Zaggawa and other groups of African stock were purposely displaced by the Janjaweed and the army. Resettlement of alien nomads and Arabs from other parts of Sudan in Darfur would be one of the most serious obstacles to the realisation of peace in the region in the future.  


  1. UNAMID needs to be encouraged and equipped with a strong human rights component in order to monitor, investigate and report violations of human rights and fundamental freedoms. In particular it needs to be provided with adequate resources including appropriate human resources and expertise on issues relating to sexual and gender based violence in accordance with UN Resolution 1325 (2000).


  1. Victims of the crisis in Darfur have made their position known that “There will be no peace in Darfur without justice.” Bringing the leading perpetrators of international crimes in Darfur to justice through the International Criminal Court (ICC) is one of the key demands of the people of Darfur especially the victims of the conflict in the region. UN Security Council resolution 1769 (2007) only made reference to: “the need to bring to justice the perpetrators.” We expect the ICC to play a major role in prosecuting individuals responsible for the heinous and serious crimes committed in Darfur. This is why we strongly recommend that reference be made to the ICC role and the obligation of the Government of Sudan to fully cooperate with it in all future measures on Darfur.


  1. On 6th August 2007 the Darfur holdout insurgent groups concluded their consultation in Arusha (Tanzania) and decided to unify their negotiation position with the view to engage with the government of Sudan in a political process. This is a welcome step. However, we believe that any political negotiations before the enactment of a strong ceasefire respected by all the parties would not lead to the desired results. Furthermore, we strongly feel that the process that led to the signing of the Darfur Peace Agreement (DPA) in Abuja in May 2006 was grossly flawed and disingenuous. It should be independently evaluated in order to enable the parties and the mediators to draw lessons and judge its merits in order to avoid the serious difficulties experienced in Abuja.


  1. Finally we should state that the general political situation in Sudan is alarming. Violence, insecurity and unrest are being reported in different parts of the country. The country also continues to face serious difficulties in the area of the respect and promotion of human rights and fundamental freedoms. The dominant ruling party i.e. National Congress Party (NCP) continues to use the state apparatus to consolidate its grip over political and economic power to the disadvantage of all other political forces in the country. A deep sense of injustice and mistrust is widening among the populace in different parts of the country including South Sudan and the adjacent areas. A radical solution for Sudan’s chronic political ills can only be found in a popular system of government where the values of good governance, democratic rule, freedom, liberty of choice and the rule of law are observed and promoted.


While looking forward for future cooperation on the realisation of these objectives, please accept, Dear Mr. Ban Ki-Moon, the assurance of our highest respect and consideration.



Signed by :

Mohamed Abdalla Eldoma   the Chairperson

Salih Mahoud Osman         the Deputy –Chairperson

Elsadig Ali Hassan           the  Secretary   General

Abdelrhman M.EL-Gasim         Legal aid & Protection Director



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