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The Mbeki Panel Report: Justice for Darfur

November 6th, 2009 by Sean Brooks

This week, I have been writing about the African Union Panel on Darfur’s recent report delivered to and endorsed by the AU Peace and Security Council.  Having summarized the recommendations that Save Darfur submitted to the panel regarding the peace process, I will now summarize our recommendations for steps that should be taken to address the challenge of justice and the suppression of impunity arising from the conflict in Darfur.Omar al-Bashir

In our submission, we highlighted the AU’s stated will in its founding documents to suppress impunity and ensure justice for mass human rights violations and atrocities.  As such, we urged the AU that “when faced with a choice between the rights of African people and the interests of African states and their leaders, the African Union should stand on the side of the people.”

To make the case for why justice was paramount to tackling the crisis in Darfur, we pointed to recent Sudanese history:

Parties negotiating the Comprehensive Peace Agreement (CPA) to end the decades-long war between North and South Sudan decided to leave accountability mechanisms out of the accord.  Less than five years later, implementation of the CPA has fallen far behind schedule, violence has increased on border regions, and regional and international leaders have been forced to devote significant energy and resources to upholding the CPA and preventing a return to civil war.  Similarly, the Darfur Peace Agreement (DPA) failed to address the need to end impunity and ensure justice for the victims of the conflict that has raged in Darfur since 2003. This deficiency of the agreement was one major reason for its death on arrival – why it was unable to gain the confidence of the non-signatory rebel movements and much of Darfuri civil society, particularly community leaders in the IDP camps.

Noting the challenges of securing justice for the victims of grave crimes like genocide, while at the same time securing peace, we recommended a two-layered solution. Read the rest of this entry »

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U.S. Policy on Sudan on VOA’s In Focus

November 6th, 2009 by Allen Combs

Amir Osman, Senior Director of Policy and Government Relations for the Save Darfur Coaltion, appeared on Voice of America’s In Focus to discuss the recently released Sudanese Policy Review:


Learn more about the Sudan Policy Review

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Mbeki Panel Report: Peace in Darfur

November 4th, 2009 by Sean Brooks
Darfuri Rebels at Peace Talks

Darfuri Rebels at Negotiations

As I mentioned in my last post, at the request of the African Union Panel on Darfur (AUPD), the Save Darfur Coalition submitted recommendations to the panel on how to promote peace, justice, and reconciliation in Darfur.  You can read our full submission here.

Since no country or international organization has the institutional capacity or required relationships with the Sudanese parties to end the conflict alone, we first urged the AU to closely coordinate its efforts with the international community.  To that end, we recommended that the AU deepen its partnership with the United Nations for peacekeeping and peacemaking while at the same time coordinating all of its efforts with the permanent members of the UN Security Council, the League of Arab States, and key regional states.

In discussing the specific issue of peace, we first rebutted the charge of many that the pursuit of justice in Darfur through the International Criminal Court (ICC) proceedings had fundamentally interfered with the peace process:

Despite predictions to the contrary, the talks between the Sudanese government and some of the rebel movements have progressed considerably since the ICC Prosecutor requested an arrest warrant from the court for Sudanese president Omar al-Bashir in July 2008.  In fact, at the time of the Prosecutor’s announcement, no serious negotiations were taking place.  The naming of Djibril Bassolé as AU-UN Mediator that same month and the Qatari invitation to host the talks in subsequent months served as opportunities to re-launch substantive talks among the various parties.  There is no doubt, though, that the possibility of Bashir’s indictment contributed to the Sudanese government’s decision to return to the negotiating table.

It has been argued that the prosecution of Bashir would only embolden the negotiating stance of the Darfuri rebels…The signing of the “goodwill agreement” between JEM and the Sudanese government and the continuing negotiations serves as evidence that the peace process has not stalled because of the ICC proceedings.  On the contrary, the possibilities for reaching a peace agreement – while still not assured – appear closer now than at any point since the Abuja negotiations of 2006.

Writing at the end of June, we also stated that all pressure therefore should be placed on the parties to agree and adhere to a long-term ceasefire that “could give necessary space and confidence for the negotiating delegations to move to the next step of negotiating a final settlement.”   As for the structure of the mediation efforts, we recommended that the AU support a process similar to the Navaisha talks that produced the Comprehensive Peace Agreement:

As did Kenyan General Lazaro Sumbeiywo with the Naivasha process, AU-UN Mediator Djibril Bassolé should lead the Darfur process.  The Joint Mediation Support Team (JMST) should work with Ambassador Bassolé on the plan for a negotiation framework, timeline for negotiations, and appropriate mechanism for shuttle diplomacy.  Bassolé must also be supported by a strong team of diplomats and regional experts and backed by a small group of countries with leverage, high-level support, and full-time representation at the talks.  This inner circle should include the United States, United Kingdom, France, and China. An outer circle group of countries and multilateral organizations (UN, AU, Arab League) should also be engaged in a formal manner to discourage spoilers, and other key nations such as Russia, Egypt, Saudi Arabia, Senegal, and South Africa need to be thoroughly consulted.

On the specific matter of securing a comprehensive and inclusive Darfur peace agreement, we urged the AU to draw lessons from the failed Abuja negotiations and the failed attempts to revive the peace process over the last three years.  We felt the most important lessons from the past demonstrated a current need for the AU and international community to:

  • Provide the armed movements with support for pre-negotiations and negotiations;
  • Ensure that the Darfurians feel ownership of any peace agreement;
  • Support strong civil society input and presence in the peace process;
  • Ensure that a Darfur peace agreement advances peace, justice and democracy for all Sudanese; and
  • Coordinate all support to the peace process with appropriate regional and international actors.

Finally, we wrote that after multiple failed peace efforts and meandering consultations, the issues at stake in Darfur are fairly well understood. Any final agreement, therefore, must include:

  • A substantial sum for individual compensation to be paid by the government;
  • International monitoring of a cessation of all forms of state support for the janjaweed militia structure and the complete disarmament of the janjaweed;
  • International monitoring and support for encampment of all forces in Darfur (government, rebel, and militia);
  • Administrative arrangements for Darfur;
  • Power sharing for Darfurian constituencies; and
  • A comprehensive plan to address the humanitarian, livelihoods, environmental, and development challenges that Darfur will face in the aftermath of the conflict

As noted yesterday, we feel that the recent AUPD report includes a number of the above recommendations.  Perhaps of most importance, the panel does not view the pursuit of justice as an obstacle to the pursuit of peace.  Instead, it states:

[E]ven as the peace negotiations are taking place, action should be undertaken to investigate the serious crimes that have been committed in Darfur, and to put in place measures to prevent the commission of fresh crimes.

Among other things, the report also make a strong case for the necessity of an immediate ceasefire and an “inclusive process of negotiations” involving the Darfuri armed movements, IDPs and refugees, political parties and civil society leaders.

The challenge of course will be in the implementation of these recommendations. The AUPD fell short of putting forward a concrete plan to support the UN/AU joint mediation efforts of Djibril Bassole.  The team’s responsibilities are outlined in general and ideas for better coordination are suggested, but the report does not detail exactly how – in its words – the “AU/UN Joint Mediation should be properly positioned to discharge its mission.” In short, a lot is left for follow-up work.

Yet, President Omar al-Bashir and the National Congress Party (NCP) are notorious for making verbal commitments to a peace process, only to continue their non-stop efforts to divide and intimidate those Darfuris seeking a durable and just peace agreement.  There is no doubt that Bashir and the NCP are now devising ways to influence the implementation of these recommendations.  It is for these reasons that we have called for the United States and the international community to put together a set of incentives and pressures to ensure that the Sudanese government does not unduly take advantage of critical processes like the Darfur negotiations.

In my next post, I will summarize the coalition’s recommendations for seeking justice in Darfur, and how the AUPD’s recommendations of hybrid courts could actually work as a mechanism for accountability complementary to – but not a replacement of – the ICC proceedings.

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The Mbeki Panel’s Recommendations: An Analysis

November 2nd, 2009 by Sean Brooks

The African Union Panel on Darfur (AUPD) chaired by former South African President Thabo Mbeki released its much-anticipated report and recommendations to African leaders on Thursday.   As mandated, the panel submitted specific “recommendations on how best to effectively and comprehensively address the issues of accountability and combating impunity, on the one hand, and peace, healing and reconciliation, on the other” (read the full report). Most reports in the press focused on the panel’s recommendation of hybrid courts to “investigate, prosecute and adjudicate the war and other crimes committed during the Darfur conflict.”

In addition though, the Mbeki panel’s recommendations also covered:

the process for reaching a Global Political Agreement (GPA); the important issues of justice and reconciliation; the promotion of dialogue among Darfurians; mobilising Sudan’s neighbours; the Sudan General Elections and the Southern Sudan Referendum; measures for the implementation of the agreements; support for the AU‐UN mediation process; and the role of UNAMID and the African Union in promoting and consolidating peace in Darfur.

As part of their seven month investigation, the AUPD consulted with a range of actors, including those in the advocacy community.  At the panel’s request, the Save Darfur Coalition submitted recommendations concerning ‘a comprehensive and inclusive Darfur peace agreement’; ‘the challenge of justice and the suppression of impunity arising from the conflict in Darfur’; and ‘the challenge of reconciliation and healing arising from the conflict in Darfur.’  In subsequent blog posts, I will compare the AUPD’s report with our recommendations.  With that said, we believe strongly that peace, justice and reconciliation are intertwined and cannot be dealt with in isolation from each other.

Overall, the AUPD report generally matches the solutions to Darfur and Sudan’s other interlocking crises that the Save Darfur Coalition has urged the U.S. Government and the international community to support through aggressive diplomacy and mediation.   On the specific question of hybrid courts, such courts could work as a mechanism for accountability complementary to the International Criminal Court (ICC).  It is important to underscore that the panel did not suggest that these courts would replace the ongoing proceedings of the ICC.  Rather, it observed that the ICC necessarily will only deal with those perpetrators most responsible for crimes in Darfur; an additional mechanism is necessary to ensure there is not impunity for lower level perpetrators.  The ICC chief prosecutor Luis Moreno-Ocampo concurred in his reaction to the AUPD: “The primary responsibility lies in national states…The ICC is just doing a piece — prosecuting the most responsible — but then there are other efforts needed.”

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Now We Need Presidential Leadership

October 29th, 2009 by Jerry Fowler

Cross posted from the Huffington Post

Obama_Gration_Front_500Now that the dust is settling from the release of the Obama administration’s Sudan strategy we can begin to assess the landscape. The greatest virtues of the strategy are that it lays out the path the administration intends to follow and provides a basis for the advocacy community to hold the administration accountable. At the same time, it makes clear that the U.S. policy can take different paths depending on the actions of the ruling National Congress Party (NCP) and other actors. Although it provides principles for deciding what path to take, the decisions themselves have yet to be made. Our advocacy role will be to push President Obama and the administration to make the right decisions.

The basic guidelines for deciding which path to take seem right. In U.N. Ambassador Susan Rice’s words, the focus will be on “concrete and tangible progress” before any incentives are provided. Moreover, the new U.S. policy provides clarity that not only will there be no rewards for the status quo, there will be consequences if it does not change for the better.

A huge open question is how engaged the President will be in implementing this new policy. His absence from the public roll-out was not encouraging. It sent a message to Khartoum and key heads of state around the world that he has delegated Sudan to others and that he does not plan to personally lead the effort to end the crisis in Darfur and promote peace in all of Sudan. A critical test of his commitment will be whether he makes Sudan a priority when he meets with Chinese President Hu Jintao in a few weeks. I for one will be watching closely, and calling him out if he doesn’t.

As for the new strategy, one thing we should be clear about is that the issue has never been engagement or non-engagement with the NCP. Rather, it has been the terms of engagement, which for nine months have been totally unclear, even worrisome. Now the terms are clearer on paper; we will have to see in practice.

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Capitol Hill Briefing on Violence Against Women

October 29th, 2009 by Natasha Ghent-Rodriguez

Today Physicians for Human Rights convened a Capitol Hill Briefing on violence against women in Sudan and Chad. The briefing featured 3 physicians who spent several weeks on the ground in Chad and highlighted the findings from Nowhere to Turn: Failure to Protect, Support and Assure Justice for Darfuri Women.

The physicians called for a new comprehensive approach to end gender-based violence occurring inside and outside camps in Chad and Darfur and an end to impunity for the crime of rape

The briefing featured Dr Mohammed Ahmed Abdallah, formerly of the Amel Center for the Treatment & Rehabilitation of Victims of Torture in Darfur, Susannah Sirkin of Physicians for Human Rights and report authors and PHR Chad investigation medical team Dr Linda Piwowarczyk, Dr Julia VanRooyen, Dr Sondra Crosby.

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A Shell Game with Bashir?

October 27th, 2009 by Sean Brooks

Are African countries that are state parties to the Rome Statue of the International Criminal Court playing a shell game with Sudanese President Omar al-Bashir?  Since the issuance of his arrest warrant by the ICC in March 2009, Bashir has repeatedly received invitations from African leaders to attend summits and conferences that eventually result in the dispatching of non-fugitives of international justice to serve in Bashir’s stead.  Were these recent invitations from countries like Uganda and Nigeria in good faith?  Or have there been pre-arranged deals cut that a public invitation would be extended with the understanding that Bashir would not accept them?

Last week provides the most recent example of a possibly well-choreographed diplomatic dance.  On Thursday, Amnesty International broke the news that the African Union had invited Sudanese president Omar al-Bashir to participate in the AU Peace and Security Council meetings on Darfur in Abuja, Nigeria.  They urged the AU to rescind the invitation and, if Bashir made the visit, the Nigerian government “to arrest President Omar al Bashir and hand him over to the ICC.”  After a day of headlines and ambivalent statements from Nigerian and AU officials about their commitments to fulfill obligations under international law, the Sudanese government announced on Friday that Second Vice President Ali Osman Taha would lead Sudan’s delegation to the AU meetings.

But it’s not just international or Western human rights groups that are offended by the invitations issued by African capitals.  Last week, an uproar on the matter occurred for the second time this year in Uganda before Bashir turned down an invitation to attend the Special Summit of Heads of State and Government on Refugees, Returnees and Internally Displaced Persons in Africa.  The Sudanese government eventually sent only two junior officials in a pattern of events that closely mirrored another Ugandan invitation in July.  At that time, a senior Ugandan foreign affairs official told Reuters:

“The invitation still stands … (but) we will handle it through diplomatic channels to avoid embarrassment and inconvenience to anybody…It’s a codeword for an agreement that President Bashir delegates another senior cabinet-ranked person. That was agreed.”

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More Than A Bumper Sticker

October 22nd, 2009 by Robert Lawrence

Today’s Op-Ed in the Wall Street Journal entitled “Obama and Darfur” misses the mark and perpetuates an unfortunate stereotype that we’re a partisan movement that was eager to criticize the Bush administration but reticent to do the same to President Obama.

The Journal writes that “the larger wonder is how [Monday's release of the policy review] can go down so smoothly with those in the human rights community who have championed Darfur and assailed the Bush administration for not doing enough.  Instead, they are congratulating President Obama…”

Anyone who read our public response to the strategy release, as well as my blog post later that day would be clear on the fact that we did not congratulate the Obama administration.  We were, without a doubt, pleased that the strategy review was finally completed and that it called for a balanced set of incentives and pressures to be used with the Government of Sudan.  We had been calling for such a plan for months (and over 100,000 activists asked President Obama to take up our plan).  Our brief criticism of the Bush Administration for pursuing normalization of relations with Sudan was due solely to a remark by then-Special Envoy Rich Williamson that the United States that led people to believe that the U.S. would be giving up that leverage without getting anything in return.  To his credit, Williamson clarified his remarks during a hearing before Congress that the United States was not considering any such plan, and that normalization would only be considered if Khartoum fulfilled its commitments.

We were not then, nor are we now, against holding out the promise of engagement for the regime in Khartoum.  If that is the best way to end the conflict in Darfur, fully implement the CPA, and ensure justice is done, then so be it.  What we have consistently been against is normalization for nothing.  The Sudan policy document states clearly that “assessments of progress and decisions regarding incentives and disincentives must…be based on verifiable changes in conditions on the ground.”

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Al-Bashir Launches New Website

October 21st, 2009 by Allen Combs

In preparation for next April’s elections, Sudanese President (and indicted war criminal) Omar al-Bashir launched a new website yesterday. Visitors to the site are greeted by a poorly photoshopped image of al-Bashir and invited to select one of three languages: French, English or Arabic.

Albashir.sd

All three version of the website feature a painfully ironic header with the same photograph of the Sudanese president and a peace dove perched on the end of his name holding an olive branch in its mouth. There is also an odd flash banner with the slogan “Freedom ,, Development ,, Peace” and a scrolling series of seemingly meaningless numbers. It’s a pity that al-Bashir’s policy advisers are not as committed to peace as his web designers.

The English version of the website includes only four sections : “What said about Albashir,” “News and Event,” “Photo Gallery,” and “Video.” Unfortunately, the “What said about Albashir” section does not actually include much of what is being said about Omar al-Bashir (indicted war criminal, fugitive from international justice, etc.).

According to the Sudan Tribune:

[Website project leader Hashim Ali] Salem on his end said that the website is updated daily noting that the information contained in media messages “requires a high degree of professionalism”.

The site administrator stressed the importance of comprehensive coverage and providing resources.

While all three versions of the website may lack some basic functionality and an appealing design, the Arabic version is indeed far more comprehensive and appears to have more current content. Obviously most of al-Bashir’s supporters speak Arabic and there is little need to cater to visitors reading English or French, but one wonders why they did not delay the release of the alternate language websites until they were able to build them properly. (Bec Hamilton makes an astute observation about the language options and the potential audience for this website.)

It will be interesting to see how al-Bashir’s government/campaign uses www.albashir.sd considering they already have a number of nicer and better developed government websites and a state-run media outlet to push their message. Check back in the next few days for a review of the Arabic version of al-Bashir’s new online home.

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Activist Stories: An Evening With Carl Wilkens

October 21st, 2009 by Barbara English

Last Saturday, October 10, Orange County for Darfur co-sponsored An Evening With Carl Wilkens in collaboration with 15 other organizations, and with over 150 attendees in Irvine, CA. The evening prior, the same collaboration held a screening of Shake Hands With The Devil, a documentary featuring Romeo Dalliare on his visit back to Rwanda ten years after the genocide. The screening was held in order to help familiarize attendees with the Rwanda genocide prior to hearing Carl Wilkens tell his own story on Saturday evening.

OCFD decided to bring Carl to our local community after I first heard Carl speak. He was in attendance as part of the GI-Net Carl Wilkens Fellowship retreat last February. Carl spoke from his heart, and his personal story as the only U.S. citizen that did not leave Rwanda when the 1994 genocide began, speaks to our often under-recognized common humanity. His willingness to stay contributed to hundreds of lives being saved. At a time of so much division within the U.S., we wanted to hold an event that would not only deliver an anti-genocide message, but would also recognize how many groups have been subjected to de-humanizing treatment.

Currently on a national bike tour with his wife, Teresa, Carl speaks of our need to eliminate the concept of “other” as the means to end genocide, recognizing that the world is better off with everyone in it.

See pictures from the event.

Or check out this video:

Barbara English is a member of Orange County for Darfur.

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