Sudan/Darfur

Expected Council Action
In November the Council is due to discuss the Secretary-General’s report on the AU-UN Hybrid Operation in Darfur (UNAMID). It is expected to provide an update on the political process, security and humanitarian situation in Darfur. The mandate of UNAMID expires on 31 July.

Key Recent Developments
On 24 July the Under-Secretary-General for Peacekeeping Operations, Alain Le Roy, briefed the Council on developments in Darfur. He stated that failing to implement the Comprehensive Peace Agreement (CPA) in Sudan would lead to crisis throughout the country causing further suffering for vulnerable populations. In addition, he noted that insecurity near the border with Chad is hindering the Darfur peace process. The Secretary-General’s report in October on the UN Mission in the Central African Republic and Chad (MINURCAT) also referred to the impact of insecurity and Sudan-Chad tensions on populations on either side of the border.

On 21 October the Under-Secretary-General for Field Support, Susana Malcorra, visited UNAMID headquarters in El-Geneina, West Darfur. She encouraged UNAMID forces to defend the mission’s staff and civilians in Darfur according to the mission’s mandate, while recognising the changing environment and threats. The Secretary-Genera’s report in July highlighted challenges facing UNAMID in implementing its mandate. While noting the decrease in large-scale conflict, it underscored the unpredictable and continued instability.

Peacekeepers and humanitarian personnel continue to face security challenges. On 28 September, a convoy carrying UNAMID civilian and military personnel was attacked in El Geneina, West Darfur, which killed a Nigerian peacekeeper and left two others seriously injured. On 27 October ten people were killed during clashes between Zaghawa and Birgid tribes in Shangil Tobaiya in south of the North Darfur capital of El-Fasher. On 22 October, a staff member from International Committee for the Red Cross was kidnapped. On 17 September, gunmen carjacked two trucks carrying food from El Obeid to El Daein, South Darfur, for the World Food Programme. They abducted the two drivers, who were later released.

Two staff members of the international humanitarian organization GOAL, who had been abducted from their compound in Kutum, North Darfur by armed men on 3 July, were released on 18 October. Two civilian staff members working for UNAMID, taken in late August from West Darfur, remain missing.

On 19 October UNAMID reported a military build-up in North Darfur, with increased military activities by the Sudanese government and Sudan Liberation Army/Abdul Wahid Faction (SLA/AW) forces in Sortony and Kabkabiya. On 18 September, clashes between the Sudanese army and anti-government militias in Korma, North Darfur led to civilian casualties, with civilians in the area fleeing their villages.

Peace-Process
In recent months, the international community has increased efforts to reactivate the Sudan peace process. On 6 October, a meeting was held in Moscow focusing on resumption of Doha talks and implementation of the CPA. On 19 October, the US announced a revised policy framework, which simultaneously focuses on ending the conflict in Darfur and supporting implementation of the CPA.

Sudan and Chad have also initiated direct dialogue. On 10 October, a Sudanese presidential adviser met Chadian President Idriss Déby and expressed Khartoum’s willingness to improve ties with N’djamena. The Sudanese government agreed to remove Chadian rebels from the joint border, and Déby agreed to allow Sudan to verify the presence of Darfur rebels in Chad.

Discussions continue on Sudan’s 2010 elections, the 2011 referendum on independence for South Sudan and Darfur’s participation in these processes. Meanwhile, Sudan is strengthening its borders with neighbouring countries. On 20 October, the issue of the disputed border region with Egypt arose as Sudan’s electoral commission announced that the residents of the Red Sea border area of Halayeb will be allowed to register and vote during the election. Last year, Egyptian authorities blocked Sudanese census agents wanting to conduct registration in the area, and stated that it was an integral part of Egypt. While there have been no direct talks on the issue, it is likely to come up in the months ahead as elections approach.

On 8 October, the AU Panel on Darfur (AUPD) headed by former South African President Thabo Mbeki submitted its report to the Chair of the AU Commission. During their mission the panel met Sudanese President Omar al-Bashir, senior government officials, representatives of armed movements, members of civil society, tribal leaders, internally displaced persons and leaders of neighbouring states. The Panel’s report highlighted the need to address justice and reconciliation, promoting dialogue among Darfurians, support for humanitarian assistance, reengaging political processes to solve the conflict and mobilising subregion countries to address Sudan-Chad tensions.

On 25 October, President al-Bashir formed a committee headed by Second Vice Presindent Ali Osman Taha to review the findings of the AUPD while finalising the government’s response, to be shared at the AU Peace and Security Council meeting which began on 29 October.

On 19 October the International Criminal Court (ICC) opened its confirmation hearing against Bahr Idriss Abu Garda, the first Darfur rebel suspect to appear before the ICC. He is accused of three war crimes allegedly committed against the AU peacekeeping mission in Sudan in 2007. At the confirmation hearing, the ICC Prosecutor is required to support each charge with sufficient evidence to establish substantial grounds to believe that the suspect committed the crime charged. If the charges are confirmed, the case will then be transferred to a Trial Chamber of the ICC.

On 13 October, the Council extended the mandate of the Darfur Sanctions Panel of Experts for another year through resolution 1891.

Human Rights-Related Developments

Key Issues
An ongoing issue for Council members is the difficulty faced by UNAMID as it develops a comprehensive strategy to protect civilians within its mandate in a politically changing environment marked recently by attacks against peacekeepers and aid workers.

Another key issue is the peace process, including the role of regional countries and Council members in pushing the parties to move forward and commit to the Doha peace process and addressing Sudan and Chad tensions. A related issue is the role the Council can play in accelerating these processes.
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Options
Options include:

• going beyond a simple briefing and taking an active approach supporting UNAMID as it fully engages all stakeholders to resolve the crisis and support the peace process;
• taking action supporting the activities of the Joint Chief Mediator in his efforts working with all parties especially on key issues related to the May 2009 Doha agreement between Chad and Sudan;
• adopting a statement supporting a more inclusive peace process, through enhancing the role of civil society groups including women-led organisations, community groups and tribal leaders, as a way to reach the whole population in Darfur; and
• requesting UNAMID to develop
• benchmarks and timelines to measure progress in implementing its mandate.

Council Dynamics
Council members seem largely agreed on the linkage between the Darfur crisis, the Darfur peace process implementation of the CPA, and the need to resolve the conflict between Sudan and Chad. They also recognise the critical role that neighbours play in moving the various parties to the negotiation table.

However, there are differences about what to do next. While most members see that overall insecurity persists and are inclined to be more active, others believe that large-scale conflict is decreasing and that a hands off approach is preferable. Some are arguing that a balance between these viewpoints might be achieved in the Council by focusing on protection of civilians and facilitation of humanitarian assistance.

Some Council members support urging the Sudanese government to address the issue of peace and justice in a manner consistent with resolution 1593 (which in 2005 referred the situation in Darfur to the ICC). But there are also some members that stress the importance of the recommendations of the AU High-level Panel and suggest these might be a step in addressing peace and justice in Sudan while facilitating mediation efforts.

The UK is the lead country on Sudan in the Council.

Other Relevant Facts

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