Slow Progress on Darfur Crisis

Refugee Rights News
Volume 2, Issue 2
July 2005

In May, Refugee Rights News reflected on some of the measures for which IRRI, in cooperation with the Darfur Consortium , has been advocating. The Consortium has campaigned for immediate action to protect civilians, a comprehensive peace agreement, and accountability for the crimes committed in the region. Over the past two months, some progress has been made towards these goals—but unfortunately these actions offer mere drops of hope to the ocean of needs of the Darfurian people.

Protecting civilians

While the protection of civilians is the primary responsibility of the Sudanese government, it is clear that effective protection for civilians will not be achieved unless a credible international force is present. Right now, the African Union mission (AMIS) is the only such international presence on the ground.

AMIS, however, is severely limited by insufficient troop capacity and the lack of a robust mandate focused on the protection of civilians. On April 28, 2005 the Peace and Security Council of the African Union decided to expand the mission’s troop capacity to more than 7,000. While this agreement to commit additional troops is admirable, the African Union will face considerable challenges in deploying these troops. Some progress has been made on this front. NATO has begun to provide some logistical support, including providing transport, for the deployment of additional AU mission personnel over the next three months.

But still more needs to be done. The International Crisis Group, for example, has argued in its briefing paper on Darfur, “ The AU’s Mission in Darfur: Bridging the Gaps,” that a minimum of 1012,000 troops are needed immediately. The group has argued that if the African Union cannot meet this goal now, its mission should be supplemented by other international forces until they are able to sustain the needed troop requirement alone.

Further, the briefing paper argues that the mandate of the African Union needs to be expanded in order to include a strong mandate for the protection of civilians in Darfur. The African Union needs to refocus its efforts and deliver on its promises not only to the people of Darfur, but also to the cause of peace in Africa. And NGOs must keep up the pressure on the international community to provide the necessary assistance to make these efforts effective.  

Pursuing accountability

Over the past months, progress has also been made in pursuing accountability for serious crimes committed in Darfur. After receiving the referral of the Darfur situation from the UN Security Council and the evidence gathered by the International Commission of Inquiry from the UN Secretary-General, the Prosecutor of the International Criminal Court conducted his own evaluation of the admissibility of the case.

On June 6, 2005 the Prosecutor announced that he had decided to initiate an investigation into the situation in Darfur, paving the way for a full investigation and eventual indictments.

Immediately following this announcement, the Government of Sudan announced that it would be pursuing its own prosecutions. On June 7, 2005, Decision No. 702 established the parameters of a new Special Criminal Court on the events in Darfur. An initial analysis of the new order by legal experts working with the Darfur Consortium suggests that the Order does not address the flaws in the Sudanese legal system that have prevented effective prosecutions to date.

Later in the month, the Prosecutor of the ICC made a historic first presentation to the UN Security Council. The Prosecutor detailed the progress of his consideration of the Darfur case. He stressed the fact that the investigation was proceeding cautiously, and that any form of justice would require a secure environment. The Darfur Consortium called on all states to promote a secure environment in which the investigations and prosecutions could proceed. It also called on all states to support the investigation.

The Darfur Consortium welcomed indications made on the same day by a representative of the Sudanese government that team from the Court would be allowed access to Sudan. This small blessing does not obscure, however, the practical difficulties which will be encountered by the prosecution.

In the environment of insecurity and suspicion which has pervaded Darfur since the crisis began, any collection of evidence will be difficult. Investigators working for the Prosecutor, however, will face particular challenges because the ICC’s jurisdiction has been so vehemently challenged by the government of Sudan. The Prosecutor will need to tread with care.

International support will be needed to ensure that Sudan cooperates with the investigation. And this support will be even more vital if suspects are to be sent to the Court for trial.

Peace process

The fifth round of peace talks recently concluded in Abuja, Nigeria, where they had been taking place under the auspices of the African Union. The sessions produced a “Declaration of Principles for the Resolution of the Sudanese Conflict in Darfur.” Although the signing of the Principles and the continuing of negotiations represent are encouraging, they are not the decisive steps needed to end the crisis.

In addition, the Principles are lacking many of those elements that might have made the most difference to Darfurians. For example, no reference was made to making existing ceasefire arrangements effective. With regard to the protection of civilians, the only reference made is a vaguely worded statement that, “[b]road security arrangements to consolidate the restoration of the people of Darfur shall be addressed in the context of a Comprehensive Agreement.” In addition, no mention is made of the need for accountability or the ICC investigations. Thus the two concerns most commonly cited by Darfurians themselves—peace and justice—are left unaddressed.

In more positive terms, the Principles do underscore some important principles. For instance, the first operative paragraph notes that “[r]espect for the diversity of the people of Sudan is of paramount importance.” In addition, reference is made to the need for democracy, political pluralism and a vibrant civil society, as well as the need for equitable sharing of wealth and resources.

Even these positive inclusions, however, mean little in the absence of the political will to enforce them and to reach a comprehensive agreement. And the parties are clearly still far from that goal.

Overall, the developments over the last two months underscore that while some progress is being made, far more engagement will be needed to make a real difference.