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:
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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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