Follow Us:

Mbeki Presentation on Darfur to UNSC: Statements from UN Secretary-General, UN Council President and Media Coverage

22 Dec 2009

Mbeki Presentation on Darfur to UNSC: Statements from UN Secretary-General, UN Council President and Media Coverage
Dear All,

On 21 December 2009, former South African President Thabo
Mbeki presented the report of the African Union High Level Panel on Darfur
(AUPD) to the United Nations Security Council. The report outlines a set of
recommendations aiming to achieve justice, peace and stability in Darfur, Sudan.

Please find below remarks from the UN Secretary-General to the Council's briefing (I); the Security Council press statement on Sudan read by Council President Michel Kafando of Burkina Faso (II); link to informal comments to the media by the Council President (III); Save Darfur Coalition press release (IV); and selection of related media coverage.

Please take note of the Coalition's policy on situations before the ICC (below),
which explicitly states that the CICC will not take a position on potential and
current situations before the Court or situations under analysis. The Coalition,
however, will continue to provide the most up-to-date information about the ICC.

Best regards,
CICC Secretariat
www.coalitionfortheicc.org

**************************

I. UN SECRETARY-GENERAL STATEMENT

i.“United Nations, African Union can provide critical help on Sudanese people's journey towards lasting peace, Secretary-General tells Security Council,” 21 December 2009, http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-7YXPYC?OpenDocument
“Following are UN Secretary-General Ban Ki-moon's remarks to the Security Council's briefing by the African Union High-level Panel on the Sudan, in New York today, 21 December:
I am honoured to be with you today, and to welcome this esteemed delegation. Today's meeting is an important symbol of collaboration between the African Union and the United Nations. It is also another concrete demonstration of our common commitment to work with the Sudanese people in addressing the serious challenges they face.
Today the Panel will brief you on their report which has been adopted in its entirety by the African Union Peace and Security Council. The Council also established a High-level Implementation Panel comprised of former Presidents Thabo Mbeki, Pierre Buyoya and retired General Abdulsalami Abubakar. We are privileged to receive their first-hand briefing.
The report of the High-level Panel provides a frank assessment and insightful analysis of the situation in Sudan and offers numerous proposals for the way forward. Perhaps above all, the Panel members have insisted on seeing Sudan in its totality. They have clearly articulated the links between the crisis in Darfur and broader efforts to implement the Comprehensive Peace Agreement (CPA).
Their insights come at a critical moment. In little more than three months, elections are scheduled to take place. In just over a year, the two referenda are scheduled, which will determine the future shape of Sudan. The National Congress Party (NCP) and the Sudan Peoples Liberation Movement (SPLM), as the two parties to the Comprehensive Peace Agreement, have taken steps to prepare for these major events, but there is still much to be done.
We must remember that neither the election nor the referenda are ends in themselves. Managing the results -- whatever the outcome -- will require genuine cooperation between the NCP and the SPLM. In the meantime, violence -- in South Sudan in particular -- is occurring on a disturbing scale and frequency.
In Darfur, the peace process has reached a critical point. Chief Mediator Djibril Bassolé has been working with the Government of Qatar to generate momentum by giving civil society a strong voice at the peace talks. Representatives of civil society and armed movements have agreed to resume consultations in Doha on 18 January next, which will be followed by direct talks between the Government and the movements on 24 January 2010.
Efforts must continue to encourage the Government, and more especially the rebel movements, to make concessions and embrace the consensus which Mr. Bassolé is building. In my view, the High-level Implementation Panel, and the international community at large, has a critical role to play here. By giving Mr. Bassolé our unequivocal support, we will send a strong message to all parties that they must engage in the negotiations he is leading.
Beyond this, the Panel can make an invaluable contribution to the ‘soft-landing’ we are all working towards after the election and referenda, by helping the parties to the CPA to bridge their differences. This is an outcome that is badly needed for Sudan itself, but also for Sudan's neighbours and, indeed, for all of Africa. The High-level Panel also addressed the difficult issues of justice and reconciliation in Sudan. Their efforts to develop creative and pragmatic proposals are highly commendable.
We must keep sight of the importance of compliance with Security Council resolution 1593 (2005), referring the situation in Darfur to the International Criminal Court.
I have just concluded a very productive meeting with the visiting delegation, in the course of which we agreed on the importance of continuing close AU-UN cooperation on Sudan. Beyond our co-management of UNAMID, we must make every effort to ensure that the activities of the United Nations in Sudan and the work of the African Union's High-level Implementation Panel are mutually supportive.
It will be the Sudanese people who solve Sudan's problems. But working together, the United Nations and the African Union can provide them with critical assistance on their difficult journey towards lasting peace and prosperity.”

ii. “Members Hear Briefings by African Union Commission Chief, Chairperson of Regional Body's High-Level Implementation Panel on Darfur,” 21 December 2009, Relief Web (Source: UN Security Council) http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-7YXRND?OpenDocument
“Welcoming the report of the African Union High-level Panel on Darfur, Secretary-General Ban Ki-moon called today for the continuation of efforts to encourage the Government of the Sudan and rebel movements to make concessions and embrace the consensus being built by United Nations-African Union Chief Mediator Djibril Bassolé.
‘By giving Mr. Bassolé our unequivocal support, we will send a strong message to all parties that they must engage in the negotiations he is leading’, said Mr. Ban, who had just concluded a meeting with representatives from the regional organization, including Jean Ping, Chairperson of the African Union Commission, and Thabo Mbeki, former President of South Africa and Chairperson of the regional body's High-level Panel on Darfur, both of whom briefed the Council this morning before going into a private meeting on the matter.
The Secretary-General described the Panel's report as a revealing assessment that looked at the Sudan in its totality, articulating the links between the crisis in Darfur and efforts to implement the 2005 Comprehensive Peace Agreement (CPA) which ended the civil war between the North and the South. He underlined the importance of upcoming elections in the country, stressing also that the parties must engage in genuine cooperation following the polls, no matter what the outcome.
Briefing the Council, Mr. Ping said that Darfur occupied a special place among efforts deployed by the United Nations and the African Union to maintain peace on the continent because it was the site of the first joint operation of the two organizations. In the Sudan, as in other places of crisis in Africa, the future would increasingly depend on joint action with regional organizations, particularly the African Union.
The High-level Panel had worked for six months, interacting with all Sudanese and international stakeholders, he said. It had spent more than 40 days in Darfur, not only visiting Government-controlled areas but also those controlled by the armed opposition. That had granted the Panel unequalled authority since the people of Darfur had rarely had the chance to speak on their own behalf. The Panel had articulated a comprehensive approach, based on the conviction that the aims of peace, reconciliation and justice in Darfur were closely linked and that reconciliation and justice must be implemented in an integrated way.
Ratifying the Panel's recommendations, he continued, the African Union Peace and Security Council had asked to set up a high-level panel to facilitate their implementation and help the Sudanese parties implement the CPA and other processes. The resulting Implementation Panel had visited the Sudan, where it had met with all stakeholders and drawn up a plan of action for Darfur and implementation of the CPA.
Requesting United Nations support for the Panel's recommendations, he noted that the Sudan stood at the eve of two major events that would determine its future: the general elections in April 2010 and the self-determination referendum in January 2011. What was at stake was of existential importance for Africa as the Sudan was its biggest country, and, given its melting pot of diverse religions and cultures, emblematic of the continent. The Sudan shared borders with nine States, which would be the first to suffer from negative developments, Mr. Ping warned.
In his briefing, Mr. Mbeki said the Panel had started out from the position that it was neither possible nor desirable to impose a solution to the Darfur conflict on the Sudanese people, and, for that reason, it had consulted heavily with Sudanese stakeholders in producing its report. There was a broad consensus in Darfur about what must be done for the speedy achievement of peace, justice and reconciliation, in addition to broad support for the Panel's recommendations. Leaders had emphasized that the situation was ripe to accelerate the peace process.
In that light, the Panel attached great importance to concluding negotiations in Darfur before the impending general elections, so the region's people would not further be marginalized, he said. Towards that end, the Implementation Panel would be engaging the parties in Darfur and the rest of the Sudan and encouraging them to respond expeditiously to the Chief Mediator's initiatives. Any lasting solution must take the form of an integrated package that achieved a balance among the objectives of peace, justice and reconciliation. As that had been true of other situations on the continent, the Darfur negotiators could draw on the wider African experience.
He said the Panel's report explained that the Sudan crisis had been building over a long time, spanning both the colonial and post-colonial periods. It had arisen from the concentration of power and wealth in the hands of a Khartoum-centred elite and the consequent marginalization of the so-called periphery, including Darfur. It was, therefore, necessary to restructure the country, he said, pledging that the Implementation Panel would work closely with the people to build what had been described as ‘the New Sudan’. While the planned 2011 referendum in South Sudan could result in secession by the South, , he noted, historical power relations in the North could still remain, making democratization there critical.
Turning to the ‘groundbreaking partnership’ embodied by the African Union-United Nations Hybrid Operation in Darfur (UNAMID), he voiced hope that the necessary steps would be taken to ensure that the mission would have the capacity to carry out the additional tasks required of it once there was a comprehensive political agreement in the region. In conclusion, he called for all the challenges in the Sudan to be addressed simultaneously and as a matter of urgency.
The meeting began at 11:10 a.m. and ended at 11:55 a.m.”
II. UN SECURITY COUNCIL PRESIDENTIAL STATEMENT

“Security Council press statement on Sudan,” 21 December 2009, Relief Web (Source: UN Security Council), http://www.reliefweb.int/rw/rwb.nsf/db900SID/EGUA-7YXTT3?OpenDocument
“The following Security Council press statement on Sudan was read out today by Council President Michel Kafando (Burkina Faso):
The members of the Security Council received a briefing from former President Thabo Mbeki and African Union Commission Chairperson Jean Ping on 21 December on the report and recommendations of the African Union High-level Implementation Panel on Darfur, and subsequent decisions of the African Union Peace and Security Council.
The members of the Security Council welcomed the report and underlined their appreciation for the balanced and comprehensive nature of the recommendations to promote peace, justice and reconciliation in Darfur and Sudan as a whole. They looked forward to the implementation of a holistic approach to the problems facing Sudan and supported efforts aimed at the peaceful and democratic transformation of Sudan, in line with the provisions of the Comprehensive Peace Agreement.
The members of the Security Council agreed with the report that the causes and consequences of the conflict in Darfur have yet to be addressed. They reiterated their support for United Nations Mission in the Sudan (UNMIS) and the African Union-United Nations Hybrid Operation in Darfur (UNAMID), and for the work of the United Nations-African Union Joint Chief Mediator, Djibril Bassolé, to promote a lasting political settlement for Darfur. They reiterated their call for all parties that have not yet done so to fully commit to and participate in peace talks.
The members of the Security Council called for the Government of Sudan and other parties in Sudan and the region to work with President Mbeki and his colleagues in coordination with the international community as appropriate.”
III. MEDIA STAKEOUT
“Press statement on the situation in Sudan following presentation of Mbeki report. Informal comments to the Media by the President of the Security Council and Representative of Burkina Faso, H.E. Mr. Michel Kafando,” 21 December 2009. To view the media stakeout video, please see http://webcast.un.org/ramgen/ondemand/stakeout/2009/so091221am2.rm
IV. ADDITIONAL MEMBERS MEDIA
“Save Darfur Coalition Urges the UN Security Council to Support a Comprehensive Approach to the Peace Process in Sudan,” 21 January 2009, http://allafrica.com/stories/200912211540.html
“....The Save Darfur Coalition by and large agrees with much that is in the AUPD report and with the extension of its mandate. The panel’s call for establishing hybrid courts to prosecute crimes committed in Darfur should be supported by the UNSC as a complement to the continuing work of the International Criminal Court, while the reconciliation recommendations should be integrated into the efforts of the AU/UN chief mediator’s overall plan. The UNSC should ensure coordination between the Mbeki panel and the existing peace processes and mechanisms for the implementation of the Comprehensive Peace Agreement.
...Save Darfur has engaged with the AUPD since it began its work. The AUPD asked Save Darfur to submit recommendations, which can be found here [http://www.savedarfur.org/pages/submission-to-the-african-union-panel-on-darfur/]Once the report was released, Save Darfur analyzed it [http://blogfordarfur.org/archives/1941]....”
V. MEDIA ARTICLES
i.“Mbeki to brief the UNSC on the AU roadmap for Darfur,” Sudan Tribune, 21 December 2009, http://www.sudantribune.com/spip.php?article33535
“The chairman of the African Union High Level Implementation Panel (AUHIP) on Darfur Thabo Mbeki will address the UN Security Council (UNSC) on Monday regarding the report he compiled this year containing a roadmap for resolving the crisis in Sudan’s Western region.
...Last month Mbeki expressed disappointment with what he suggested to be a non-endorsement by the UNSC to the AUPD report with an implicit criticism of Western countries sitting on the council. ‘They’re [UNSC] extremely upset because we didn’t deliver a report stating that a bloody war was taking place. There is still a low-intensity war going on, since there has been no peace agreement yet. People who allege otherwise, are creating their own convenient and self-justifying reality,’ he said at an address at the University of Pretoria’s Faculty of Law.
...The AU Peace and Security Council (PSC) endorsed the report last October including the call for the establishment of a hybrid court that would also include foreign judges to sit alongside with their Sudanese peers to prosecute Darfur war crimes suspects
However, Sudanese gave a cool reception to the proposal and this month the president Omer Hassan Al-Bashir said that his government rejects the idea.

‘We on our end expressed reservation on this point [hybrid court] because we have an independent judiciary and the judicial institution has the say in forming any courts inside the borders to prosecute any Sudanese. Mbeki understands to our reservation’ Bashir said.
...The AU has issued resolutions criticizing the warrant and declaring that its ICC members will not adhere to their legal obligations in apprehending Bashir should he set foot on their territories.
William Pace, Convener of the Coalition for the ICC (CICC) said in a press release that ‘Justice is an indispensable component of peace and we insist that the Sudanese government demonstrates to the international community that it will hold perpetrators of war crimes and crimes against humanity in Darfur accountable.’

‘The spirit of these recommendations strengthen the role of the ICC as a central one, compatible with article 4(h) of the Constitutive Act of the AU and part of a comprehensive solution for the situation in Darfur including national and regional efforts to end impunity and achieve peace and stability,’ said Stephen Lamony, Outreach Liaison for Africa and Situations Adviser at the CICC. (...).”

ii. “Mbeki says Darfur peace deal is possible soon,” Associated Press, 21 December 2009, http://www.usatoday.com/news/world/2009-12-21-Darfur_N.htm

“...Mbeki briefed the council on a 125-page report prepared by a nine-member African Union panel which he chaired on what could be done to accelerate moves toward peace, justice and reconciliation in Darfur, which has been wracked by conflict since early 2003.

...The panel's report noted the Sudanese government's inaction in holding perpetrators of crimes in Darfur accountable. It recommended initiatives aimed at achieving justice and reconciliation in Darfur, including the formation of a special ‘hybrid’ court with Sudanese and African Union judges and a truth and reconciliation commission.

Mbeki made no mention of these initiatives or the arrest warrant issued by the International Criminal Court on March 4 for Sudan's President Omar al-Bashir for war crimes and crimes against humanity in Darfur.

The secretary-general stressed ‘the importance of compliance’ with the Security Council resolution that referred the situation in Darfur to the International Criminal Court.

The African Union has now appointed Mbeki to chair a broader follow-up panel to help implement the recommendations on Darfur and the 2005 north-south peace deal, and to promote ‘the democratic transformation of Sudan.’

The Security Council welcomed Mbeki's report and underlined its appreciation ‘for the balanced and comprehensive nature of the recommendations to promote peace and reconciliation in Darfur.’ It called on all parties to participate in peace talks.

A council statement said members also look forward to implementation of the ‘holistic approach to the situation facing Sudan and support efforts aimed at peaceful and democratic transformation of Sudan.’”

iii. “Mbeki the Sultan of swinging Darfur peace deal,” Sapa-RS, 22 December 2009, http://www.therichmarksentinel.com/rs_headlines.asp?recid=3545

“...Mbeki duly submitted his report which contains the panel's view that it is possible and necessary to conclude a peace agreement on Darfur before Sudan
holds general elections in April.

He advised a U.N. Security Council on Monday that during a recent visit to Darfur a broad spectrum of leaders of Darfur's civil society said the situation is ripe to accelerate the peace process.

The AU has now appointed Mbeki to chair a broader follow-up panel to help implement the Darfur recommendations and promote a democratic transformation of Sudan.

Ironically the two parties involved in an intensive power struggle within the ANC in South Africa are now charged with brokering deals in Zimbabwe (Zuma) and Sudan (Mbeki).

Their experience in resolving conflict i.e. with each other will no doubt stand them in good stead.”

iv. “Darfur must end conflict – AU,” SAPA, 22 December 2009, http://www.news24.com/Content/Africa/News/965/5eb7f28036d4446f8ac0e463a5c47804/22-12-2009-12-12/Darfur_must_end_conflict_-_AU
“The African Union on Monday called for a comprehensive political settlement of the conflict in Darfur that it said should also help solve unrest in other parts of Sudan.

A seven-member AU panel, headed by South African former president Thabo Mbeki, prepared the 153-page report to the UN Security Council recommending that Darfur requires a political settlement and a process of negotiations addressing issues of ‘peace, justice and reconciliation.’...

...Mbeki appeared before the 15-nation council in New York to release the report.

...The panel said a comprehensive settlement in Darfur is imperative in order to keep Sudan as a whole. The country is scheduled to hold elections and referenda in 2010 to determine the future of the country as conflicts are ravaging in its many regions....”


See also:
a. “AU panel chair optimistic of possibility to reach agreement on Darfur,” African Press Agency, 22 December 2009, http://www.apanews.net/apa.php?page=show_article_eng&id_article=114176

b. “Vietnam supports comprehensive solution to Darfur conflict,” 22 December 2009, VOA, http://english.vovnews.vn/Home/Vietnam-supports-comprehensive-solution-to-Darfur-conflict/200912/111076.vov

**************************

CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an
independent NGO movement dedicated to the establishment of the International
Criminal Court as a fair, effective, and independent international organization.
The Coalition will continue to provide the most up-to-date information about the
ICC and to help coordinate global action to effectively implement the Rome
Statute of the ICC. The Coalition will also endeavor to respond to basic queries
and to raise awareness about the ICC's trigger mechanisms and procedures, as
they develop. The Coalition as a whole, and its secretariat, do not endorse or
promote specific investigations or prosecutions or take a position on situations
before the ICC. However, individual CICC members may endorse referrals, provide
legal and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts.

Communications to the ICC can be sent to:

ICC
P.O. box 19519
2500 CM the Hague
The Netherlands