the darfur conflict and civilian protection · pdf file darfur peace agreement (dpa) process...

Click here to load reader

Post on 13-Jul-2020

0 views

Category:

Documents

0 download

Embed Size (px)

TRANSCRIPT

  • The Cairo Institute for Human Rights Studies

    The Darfur Conflict and

    Civilian Protection

    Conference Report

    29-30 January 2007

    Cairo, Egypt

  • 1

    Table of Contents:

    1. List of Abbreviations……………………………………………………….…………………..1

    2. Executive Summary…………………………………………………………………………….2

    3. Introduction………………………………………………………………………………………….5

    4. Summary of Presentations and Discussions:

    4.1 Opening Session……………………………………………………………………………..6

    4.2 First Session: Humanitarian Situation in Darfur…………………….......7

    4.3 Second Session: Civilian Protection in Darfur……………………………….9

    4.4 Third Session: The Future of Humanitarian Intervention………….…12

    4.5 Fourth Session: Why the DPA (Abuja) Failed?..........................14

    4.6 Fifth Session: The Arab and African Role in Darfur……………………..17 5. Final Session: Conclusions………………………………………………………………….19

    6. Annex:

    6.1 List of Participants…….…………………………………………………………………..22

    6.2 Agenda…………………………………………………………………………………………..29

    1. List of Abbreviations:

    UN United Nations

    AU African Union

    SC United Nations Security Council

    DPA Darfur Peace Agreement (Abuja, 5 May 2006)

    NGO Non-governmental Organization

    INGO International Non-governmental Organization

    IGO Intergovernmental Organization (including the UN)

    IDP Internally Displaced People

    MENA Middle East and North Africa

    GoS Government of Sudan

    ICRC International Committee of the Red Cross

    WFP World Food Program

    IHL International Humanitarian Law

    AMIS African Mission in Sudan

    ICC International Criminal Court

    ICJ International Court of Justice

    JEM Justice and Equality Movement (Darfur)

    SLM Sudan Liberation Movement/Army (Darfur)

  • 2

    2. Executive Summary:

    The conference "The Darfur Conflict and Civilian Protection" was held in

    Cairo on 29-30 January, and was initiated by The Cairo Institute for

    Human Rights Studies (CIHRS), with support from the Open Society

    Institute. A wide range of participants were involved including

    governmental, IGO, INGO, NGO, academic and media personnel. The

    conference represented the first time officials and representatives from

    the GoS and Darfur opposition movements met face-to-face since the

    Darfur Peace Agreement (DPA) process was concluded in May, 2006.

    The conference was organized around five thematic panel presentations,

    each followed by an open floor discussion. The five thematic panels were

    entitled: (1) Developments Concerning the Humanitarian Situation in

    Darfur, (2) Proposals for Civilian Protection- Including the Role of the

    African Union and United Nations, (3) Perspectives on the Future of

    Humanitarian Intervention, (4) Why the DPA (Abuja) Agreement Failed to

    Provide Peace and Security, and (5) Perspectives on the Arab and African

    Role Regarding the Situation in Darfur. The conference also included an

    "Opening" session and a "Concluding" session.

    The presentations and discussions canvassed a wide range of issues

    concerning Darfur, with a particular focus on the issues of civilian

    protection, the peace process, and humanitarian intervention. An

    overarching consensus was expressed that progress concerning all of

    these issues remains dependent on finding a political solution to the

    underlying causes of the Darfur conflict. While no formal list of

    conclusions was proffered during the concluding session, none-the-less, a

    convergence of opinion among a large majority of the participants

    developed around the three main issues:

    A. Civilian Protection in Darfur:

    The security of civilians in Darfur, including IDPs and humanitarian aid

    workers, is currently the worst it has ever been. There has been a

    dramatic increase in attacks on civilians. The unprecedented rise in

    pillage of humanitarian supplies and attacks on humanitarian workers over

    the last nine months has endangered the viability of all humanitarian

    operations within Darfur and eastern Chad. This situation is an extreme

    threat to the protection of civilians, as millions of IDPs within these areas

    depend on humanitarian aid for their basic subsistence. The GoS,

    government supported Janjaweed militias, and, to a lesser extent, rebel

    factions in Darfur are all guilty of attacks against civilians and hindering

    the delivery of humanitarian aid. However, the burden of responsibility

    for the humanitarian crisis primarily rests with the GoS, as the most

    powerful actor in Darfur and the sovereign authority in Sudan. Civilian

    protection has deteriorated in accordance with and as a result of the

    intensified violence and geographical expansion of the Darfur conflict. In

    the short term, there is a need for the leaders of the GoS and rebel

  • 3

    factions to commit themselves to abiding by the rules of International

    Humanitarian Law within Darfur, including allowing humanitarian agencies

    to carry out their work in a secure and unfettered manner. In the long

    term, civilian protection is dependent on two major elements: (1) The

    willingness of the GoS and Darfur movements to hold genuine transparent

    peace negotiations in which both sides compromise on their most extreme

    demands, and protection of civilians is included as an obligatory condition

    for all parties, (2) the legal system of Sudan must undergo a holistic

    reformation to ensure that the national laws and judicial process' provide

    sufficient and fair mechanisms of accountability which end the widespread

    practice and culture of impunity that officials and others enjoy within

    Sudan, especially for crimes committed within Darfur.

    B. The Darfur Conflict and the DPA1:

    The causes of the Darfur conflict are rooted in a collusion of resource

    competition (especially for fertile land) and ethnic identity. Moreover,

    unequal development caused by the central governments unwillingness to

    distribute resources to the periphery areas of the country in an equitable

    manner is largely responsible for the many internal conflicts within Sudan,

    including in Darfur. Since the DPA was signed, the conflict in Darfur has

    increased. The DPA failed largely because it neither adequately addressed

    nor engendered widespread agreement concerning the issue of resource

    management, distribution and control, including local natural resources.

    Furthermore, the constant fragmentation, disorganization and lack of

    political will for peace among the GoS and rebel factions has lead to an

    inability and/or unwillingness among these actors to consistently adhere

    to agreed upon obligations. There is a great need for transparent,

    inclusive and genuine negotiations between the GoS and rebel factions;

    and for non-combative stakeholders to peace in Darfur (ex: local Darfur

    communities and tribes) to be involved in this negotiation process.

    C. Humanitarian Intervention2:

    The use of a UN-AU hybrid peacekeeping force in Darfur must be

    considered in light of the deep, complex causes of the conflict. As such,

    the use of force for humanitarian intervention in Darfur remains a limited,

    short-term solution to the problem. Nonconsensual humanitarian

    intervention (i.e. carried out without the consent of the GoS) within Darfur

    has the danger of causing further destabilization in Sudan, and the region.

    Therefore, any humanitarian action that is taken in Darfur may cause

    1 On Friday the 5th of May 2006, the Government of Sudan and the Sudan Liberation Movement/Army

    (Minni Minawi) signed the Darfur Peace Agreement. This peace agreement, which covers security,

    wealth-sharing and power-sharing, was the result of two years of painstaking negotiations mediated by

    the African Union (AU). DPA text available in English, Arabic and French at http://www.amis-

    sudan.org/dpafull.html 2For the purposes of this report Humanitarian Intervention is referred to as an interference, usually

    involving the use of force, in a sovereign state by an outside entity for humanitarian purposes. The

    underlying idea being that state sovereignty can be by-passed in order to ease or halt certain forms of

    human suffering and/or governmental behavior that contradicts with basic tenements of international

    law.

  • 4

    more harm than good, unless it is carried out in a widely

    accepted/supported manner that is in conformity with international law.