Darfur Peace Agreement

 

 

 

My dear brothers and sisters,

 

Warm and fraternal greetings from the African Union. We come in the name of our African family and in solidarity with every mother, every father, every youth and elderly .Darfur. We bow our heads and stand in solemn silence to remember all those who have paid the ultimate price and sacrificed their lives for the sake of peace, justice, progress, development and prosperity in Darfur. We empathise with the millions who continue to experience so much suffering and misery in the camps and away from what once used to be their loving and cherished homes. You have not been forgotten.

 

 We are in Darfur because we are determined to create an environment in which the strong will protect the weak and not dehumanise them, an environment which will make it possible for millions of refugees and internally displaced persons to return to their homes in conditions of safety and freedom, to rebuild their lives and begin the painful process of forging reconciliation between the communities in Darfur, that have been bitterly divided and where the social fabric has been so brutally torn apart. Our coming to Darfur is also totally consistent with the tradition of fraternity and solidarity with each other.

 

 Indeed, we peoples, are all the same. We are first and foremost, a community of peoples, irrespective of which country we come from. In our diverse communes, whether these communes are located on the beautiful hills of Jebel Marra, or in her scenic valleys, or, indeed, on the lovely plains of Bira Mazza, our cultures are very similar. In our traditional African society, when your neighbour's home is on fire, you do not stand by and watch without doing anything. Neighbours rush out with whatever they can get hold of and put out the burning fire because they know that it could be their own homes that are affected next.

 

That was why the AU came into Darfur, your brothers and sisters from other parts of Africa came only to help, because they could not stand idly by and watch while innocent people suffer so much and die. They could not watch helplessly while their sisters were being raped and their homes destroyed. African soldiers came to Darfur at a time when no-one else was willing to take the risk. Today, apart from Darfurians, Africans are the only other people to pay the price for peace with their lives. We salute their courage. It saddens us, however, to see that there are some in your midst who want to achieve their ambitions in Darfur, by targeting the very people who came to Darfur to help. I urge all of you my brothers and sisters in Darfur, to protect the young men and women who are your guests. Help them to help you, help them  secure Darfur, help them  stabilize your much cherished homeland.

 

Let me be clear, we of the African Union, have no other interest in Darfur, than to help you the people return to normal ways of living so that your children, especially the girl-child from Darfur, can grow up in peace and security, and realize the potential that the Almighty Allah had destined for her. 

 

 This is why we launched the Darfur Peace negotiations in Abuja, Nigeria. The Government of the Sudan,and the Sudan Liberation Movement/Army (SLM/A), signed the Darfur Peace Agreement on 5th May 2006.

 

They made painful decisions and conceded some much cherished goals for the larger objective of the attainment of peace and ending the immense suffering of the people of Darfur. Those who signed made the most difficult decision of all - namely, to put aside their distrust and fears, and to work together to build a peaceful, just, democratic and prosperous Darfur within the Republic of the Sudan.

 

The Darfur Peace Agreement (DPA) is the first step towards peace. We are fully aware that many more steps are needed. Throughout the peace process, the African Union was supported by the widest range of international partners that included the United Nations, the United States, the European Union and its members - notably, the United Kingdom, the Netherlands and France, in addition to Canada, Norway, the League of Arab States and Egypt.

 

The AU mediation, led by Dr. Salim Ahmed Salim, and negotiating under the patronage of President Olusegun Obasanjo of Nigeria and his brothers from Congo, Lybia, Chad and Eritrea. This has been the only process in the contemporary history of negotiations, backed by such a great array and diversity of international Partners. Little wonder, therefore, that the DPA is guaranteed by all the partners mentioned above, and by all the powers of our contemporary world.

 

Given the attempts made by some Darfurians to misrepresent the Agreement by saying that it does not address the needs of the people of Darfur, we considered it necessary to highlight for you, some of the most important provisions of the DPA, so that you can all draw your own independent conclusion.

Now let us review our achievments in Abuja

 

ALPHA OMAR KONARE,

 

CHAIRPERSON OF THE AFRICAN UNION COMMISSION

 

 Table of CONTENTS :

 

A. PROVISIONS REGARDTNG POWER SHARING

 

B. PROVISIONS REGARDING WEALTH SHARING

 

C. PROVISIONS REGARDING SECURITY ARRANGEMENTS

 

 

D. PROVISIONS REGARDING THE DARFUR-DARFUR DIALOGUE AND CONSULTATION

 

A. PROVISIONS REGARDING POWER SHARING

 

1. The main proposal is the creation of the Transitional Darfur Regional Authority (TDRA).The TDRA will be chaired by the Senior Assistant to the President, whose the fourth-highest person in the Sudanese Presidency, and the most senior Darfurian in the Government .

 

2. The main task for the TDRA is to implement the DPA.TDRA will remain in power for four years until a referendum runs on the status of Darfur in 2010. In that referendum, you the people of Darfur will vote on whether Darfur should become a single region or continue as three States .

 

3. The TDRA will have ten or more members. The governors of the three (3) States will serve as deputy chairpersons. The other members will include the Heads of the following Institutions:

 

a. The Darfur Rehabilitation and Resettlement Commission

 

b. The Darfur Reconstruction and Development Fund

 

c. The Darfur Land Commission

 

d. The Darfur Security Arrangements Implementation Commission

 

e. The Darfiar Peace and Reconciliation Council

 

f. The Darfur Compensation Commission, and

 

g. Any other institutions the TDRA may choose to set up.

 

4. In each case, the Senior Assistant to the President will nominate individuals of integrity, who enjoy the confidence of all Darfuriansto be appointed by the President as Heads of the Commissions.

 

5. The border of Darfur is to be returned to its position as at January 1956, with a Technical Committee set up to demarcate the northern boundaries.

 

6. In addition to the Senior Assistant to the President, the Movements are to nominate one Advisor to the President, one Cabinet Minister and two Ministers of State, until elections are held.

 

7. Furthermore, twelve seats in the National Assembly are to be filled by representatives of the Movements. The Movements will also nominate the Chairperson of one of the National Assembly's Parliamentary Committee.

 

8. There will also be effective representation and integration of the Movements into the governance structures of the Darfur's three  States, the highlights of which are as follows:

 

a. One governor and two (2) deputy governors are to be nominees of the Movements;

 

b. Two ministers in each state and one advisor are to be nominees of the Movements;

 

c. One senior position in each ministry will be reserved for a nominee of the Movements;

 

d. Twenty-one seats in each State Assembly are to be nominees of the Movements.

 

e. Six commissioners of local governments and six  executive Directors are to be nominees of the Movements.

 

9. There is a mechanism for breaking deadlock between the TDRA and the States, in which the Senior Assistant to the President, a nominee of the Movements, will play a critical and decisive role.

 

10. Elections are to be held after three years in accordance with the schedule laid out in the Comprehensive Peace Agreement (CPA) and the Interim National Constitution. The future allocation of positions in the National Assembly, National Government, State Assemblies and State Governments will flow from the outcome of these elections.

 

11. Darhirian representatives of the Movements shall be appointed to important bodies such as the Electoral Commission and the Census Commission.

 

12. One  nominee of the Darfurian Movements shall be appointed as aminister in Khartoum

 

13.  The Darfurian representation in the civil service, the national and educational institutions, the security services, shall all be guaranteed. Regarding representation in the civil service, the DPA provides a mechanism whereby Darfurians will obtain a fair representation at all levels, especially at the level of undersecretaries, ambassadors and other important positions. A panel of experts under the Civil Service Commission will determine the correct representation of Darfurians, using the criteria of population size, affirmative action, and existing precedents such as the CPA. 

 

This has to be done within one year.

 

14. Regarding Education, for five years, education for Darfurians will be free. In addition, there is a quota for Darfurians to be represented

 

 in universities and other higher learning institutions, both in Darfur and in Khartoum.

 

Throughout the DPA, provision is made to redress past gender imbalances in decision-making and to make sure that special measures are adopted for women's equal and effective participation in decision-making at all levels, including in the civil service and educational institutions.

 

B. PROVISIONS REGARDING WEALTH SHARING

 

The key substantive points regarding Wealth Sharing fall under several main headings.

 

The first major point is how much money is to be transferred from the central government to the states, through the Fiscal and Financial Allocation and Monitoring Commission (FFAMC). The DPA provides for the operationalisation of the FFAMC and for the appointment of a panel of experts to work out a formula to enable the Government to make an allocation from the National Revenue Fund to the states, including Darfur.

 

In addition to the share of Darfur in the FFAMC transfers from the National Revenue Fund, the DPA also provides for the Darfur Reconstruction and Development Fund (DRDF), to which the government shall contribute an amount equivalent to $300 Million for the year 2006, not less than $200 Million in 2007 and not less than another $200 Million in 2008. These amounts will be adjusted in line with the outcome and recommendations of the Joint Assessment Mission which is to visit Darfur to identify  the needs of the post-conflict recovery programme for Darfur.  Netherlands is taking the lead to convene a Donors' Meeting in The Hague in September 2006, to mobilize funds for reconstruction and development in Darfur.

 

4. The DPA also addresses the ownership and utilization of natural resources, especially land, and provides for respect for tribal land ownership rights (hawakeer) and the assurance that those who have been deprived of rights to their land in the conflict shall be entitled to have these rights restored to them. A Land Commission for Darfur with effective Darfurian representation to settle these issues is to be established during the implementation of the DPA.

 

5. There are provisions for the return and resettlement of refugees and internally displaced persons. The DPA has provisions for guaranteeing security and immediate assistance to displaced people to facilitate their return to their places of origin with dignity. A Darfur Rehabilitation and Resettlement Commission is to be established, and it shall set up Property Claims Committees to ensure that questions of ownership and restitution of property and assets are adequately dealt with.

 

6. The DPA also provides for individual compensation for victims of the conflict. An independent and impartial compensation commission is to be established. Such a commission will provide both awards for monetary compensation as well as restitution of properties to individuals and communities based on an assessment of their respective cases. There is also provision for interim payments to individuals on an expedited basis without proceeding to a full hearing of the case. The government has  committed to put up an immediate payment of US $30 Million seed money into the Compensation Fund.

 

7. The DPA stpulates that special measures are to be taken to ensure that women-specific needs are taken on board. A Special Fund for

 

women is to be established, in addition to other enabling provisions such as allowing women to obtain identity and other crucial documents without the assistance of men.

 

8. In addition to all the above mentioned provisions of the DPA, it may be noted that the international community has committed itself to accompany and following up the implementation of the DPA. International organisations have already indicated their readiness to contribute to the return of Internally Displaced Persons and Refugees by providing a resettlement package comprising, among others, shelter, food, seeds and seedlings, agricultural tools and inputs.

 

C.PROVISIONS REGARDING SECURITY ARRANGEMENTS

 

Comprehensive Ceasefire

 

1. The ceasefire prohibits the following activities:

 

a. All attacks against the members and locations of another party, including acts of sabotage, hostage-taking, detention, laying of mines and seizure of property and material belonging to another party;

 

b. all attacks, harassment, abduction, intimidation and injury to civilians, including internally displaced persons,

 

humanitarian workers and other non-combatants, and any other seizure of their equipment and property;

 

c. any actions that impede or delay humanitarian assistance or protection of civilians;

 

d. any restrictions on the safe, free and unimpeded movement of humanitarian agencies;

 

e. all acts and forms of gender based violence;

 

f. any restriction on the free movement of people and goods;

 

g. all attacks on AMIS personnel and installations and seizure of its equipment. All activities that obstruct the efforts of AMIS and lead to a failure to co-operate with AMIS, including the prohibition of AMIS patrols and flights over any locations, even in the event that curfews and no go zones are imposed in emergency situations;

 

h. any attempt by a Party to disguise its equipment, personnel or activities as those of AMIS, United Nations Agencies,

 

the International Committee of the Red Cross/Crescent or any other similar organisation;

 

i. all offensive military flights in and over Darfur;

 

j. any attempt  to redeploy military forces and equipment or occupation of any positions out of their respective deployment positions to any deploy additional military forces into Darfur by the government without the consent of the Ceasefire Commission;

 

k. any recruitment into military forces of a Party in Darthr;

 

I. any recruitment or use of boys and girls under the age of 18 years by any parties;

 

m. all hostile propaganda and incitement to military action.

 

2. Nothing in the ceasefire provisions impinges on Sudan's right to protect its international borders and its sovereignty in the case of external aggression.

 

3. The ceasefire expands the mandate of AMIS and gives additional new powers to the Ceasefire Commission (CFC) and the Joint Commission

 

 (JC). It sets up the Joint Humanitarian Facilitation and Monitoring Unit (JHFMU). The CFC and the JC gain new powers to name those responsible for ceasefire violations and to take various steps against them, including recommending that the AU

 

Peace and Security Council would take punitive measures against them.

 

4. The DPA provides for greater protection of IDP camps and the demilitarization of the immediately surrounding areas.

 

 

The Chairperson of the CFC is to establish the demilitarized zones in which carrying weapons is prohibited. AMIS is given an expanded role for monitoring and patrolling these areas. There is also provision for the creation of a Community Police Force, which acts as a temporary guarantee of the safety of  the DPs until calmeness is restored . Special provisions are made for the protection of women and children.

 

5. Selected humanitarian supply routes are to be demilitarized and controlled by AMIS.

 

6. At the core of the ceasefire are the provisions for disengagement, redeployment and limited arms control. A series of steps are to be conducted by the Sudanese Armed Forces and the Movements over five months.

 

7. The following are the main activities in the first phase of the Ceasefire Agreement:

 

a. jnvestigating the locations of the narties' forces of the Parties;

 

b. finalization of maps;

 

c. preparation and presentation of a plan for policing all parts of Darfur;

 

d. preparation and presentation of a plan for disarming the Janjaweed and other armed forces by the government;

 

e. control and confinement of the Janjaweed and other armed militia by the Government in areas under their control.

 

8. in Phase One' the parties are required to disengage their forces, and relocate to their respective areas of control. Demilitarized zones are created along humanitarian supply routes and around camps for internally displaced persons, and in buffer zones that separate the forces of the Parties.

 

9. in phase two the parties redeploy zones, away from each other. This is intended to create greater physical separation between the forces, to enable confidence to grow, the locations and movement of armed forces to be controlled and monitored, and buffer zones to be established.

 

10. in Phase three the' heavy weapons of the parties are relocated to clearly-defined sites where they can be inspected and monitored by AMIS.

 

11. The DPA contains detailed provisions for controlling, neutralizing and disarming the JanjaweedJ armed militia in a phased process.

 

The government shall present to the Ceasefire Commission a comprehensive Plan for Neutralizing and Disarming the Janjaweedl armed militia, specifying actions to be taken during all phases of the ceasefire. This plan shall be presented before the beginning of phase one, and implemented within the timeframes specified in the DPA.

 

12. This plan shall include milestones to be achieved by the government and certified by AMIS in accordance with the timelines in the Agreement. These milestones shall include, but are not limited to, the following:

 

a. The government shall restrict all Janjaweed/armed militia

 

and the Popular Defence Forces to their headquarters, ganisons, cantonment sites or communities and take other steps to contain, reduce and ultimately eliminate the threat posed by such forces.

 

b. The government shall completely disarm the above forces of heavy weapons.

 

c. The government shall ensure that no Janjaweed armed militia poses a threat to the Movements' assembly and disarmament.

 

13. The Plan shall include the responsibility of the government to prevent violations of the Ceasefire by the above forces, including through immediate disarmament and demobilization of such forces.

 

14. The government, with support from AMIS, shall take all other steps required to completely eliminate the threat posed by the Janjaweed armed militia to the civilian population, and ensure compliance with the Ceasefire.

 

15. In consultation with the UN and the parties, the AMIS Force Commander shall develop a plan for sweeping during disengagement and redeployment process.

 

Final Status Security Arrangements

 

16. The second part of the security arrangements Section addresses the long-term issue of the final status of security in Darfur. The Darfur Security Arrangements Implementation Commission (DSAIC), which will oversee the integration of the Movements' forces, and the reform of selected security institutions in Darfur, including the police and the popular defence Forces, is to be established. Within the DSAIC is a Security Advisory Team composed of experts from outside the Sudan. The Movements and the government are to be equally represented within these bodies.

 

17. The first pifiar of the final status security arrangements is based on the participation of the former combatants from the Movements into the Sudan Armed Forces and other security services. The DPA provides that 4,000 former combatants are to be integrated into the army; 1,000 into other security institutions, and 3,000 are to be absorbed into special programmes of assistance and education.

 

18. The approach adopted by the DPA to the integration task is to deal with integration as more than a mere question of numbers. Some former combatants will be given senior command posts, and the integration will be done in such a way that one third of the strength of each integrated unit in Darfur comprises former combatants. Furthermore, those combatants will be assured of service in Darfur for the first five  years following their integration, and are protected against being downsized as part of the restructuring of the Sudan Armed Forces. The combatants will be given accelerated training to reach the required level of technical proficiency.

 

19. The second pillar of the final status security arrangements is based on gathering the Movements' forces, and the disarming, demobiliz and reintegrating  those former combatants who are not to be integrated into the army and the security services. The Agreement provides for the selection and management of assembly sites, as well as for the mechanisms for selection, training and social reintegration of former combatants.

 

20. The final component of the final status security arrangements deals with the reform of selected security institutions in Darfur, specifically those that have been expanded during the war as paramilitary branches of the army, including the Popular Defence Forces, Border lntelligence and Police, with special reference to the Popular Police and Nomadic Police. A set of principles regarding how these institutions should function is set out in the DPA: their size must be commensurate with their task, they must be subject to the rule of law and democratic oversight, and their members must be representative of the communities they serve and acceptable to those communities.

 

21. Alongside this, the Civil Police is to have its capacity built so that it can become the instrument of law enforcement in Darfur. In addition, a mechanism for the control of arms held within the community is to be established, to maintain of long-term peace and stability.

 

D. PROVISIONS REGARDING THE DARFUR-DARFUR  DIALOGUE AND CONSULTATION

 

I. The Darfur-Darfur Dialogue and Consultation (DDDC) is to be convened by the African Union in accordance with the provisions of the Declaration of Principles signed by all the Parties on 5th July 2005. The DDDC is conceived as a mechanism for informing the people of Darfur about the DPA, obtaining popular support and buy-in, bringing other stakeholders into the process, and settling the many issues of peace and reconciliation that are not dealt with by the DPA.

 

2. A Preparatory Committee (PrepCom) for the DDDC is to be established, comprising representatives of the parties, the AU and other stakeholders. The PrepCom is to be established immediately after the Agreement comes into force, so that the DDDC can be convened on schedule after sixty days. The PrepCom will be assisted by a Committee of Experts.

 

3. The first agenda for the DDDC is to disseminate and publicize the DPA; that cannot be subject to any nenegotiation. The second agenda is to deal with the host of political and conflict-related issues in Darfur. Among its tasks are the following:

 

a. Measures for popularising and implementing the Agreement;

 

h. inter-communal and inter-tribal reconciliation;

 

c. safe return of refugees and internally displaced persons;

 

d. land, water and natural resources, locations and regulation of nomadic migration routes;

 

e. human security and socio-economic issues;

 

f . controlling arms and regulating the local defence groups upon the final disarmament;

 

g. ensuring that political differences are addressed through civil and political processes and not through violence;

 

h. the status and powers of local administration;

 

i. measures to preserve the multi-ethnic character of Darfur; and

 

j. measures to address the special issues and concerns of women.

 

4. The DDDC will be chaired by an individual nominated by the AU, who will be an African of independence and integrity. He/She will be assisted by a team of elders from Darfur. Attendance will be between 800 and 1000 delegates, 60% of them chosen on the basis of community representation across Darfur, and 40% on the basis of their membership of stakeholder groups such as political parties, trade unions, youth, the business community and civil society. The DPA further calls for effective and visible participation of women in the DDDC and all its processes.

 

5. The DDDC will establish a Peace and Reconciliation Council to serve as a standing mechanism to ensure that local peace can prevail in Darfur.