DRAFT

Report of the Portfolio Committee on Foreign Affairs on the Consultative Meeting of Parliamentarians of African Union Member States on Darfur, held in Dar es Salaam, Tanzania from 26 – 28 May 2007.

1. Background

The Portfolio Committee on Foreign Affairs was invited to participate in a Consultative Meeting of Parliamentarians of African Union (AU) Member States on Darfur, held in Dar Es Salaam, Tanzania, from 26-28 May 2007. The Portfolio Committee on Foreign Affairs adopted a resolution to send a multiparty delegation to represent the Parliament of the Republic of South Africa at the Consultative Meeting.

2. Delegation

a. Dr Luthuli, (Leader of the Delegation), African National Congress (ANC)

b. Siboza, MP, ANC

c. Mr B Sikhosana, MP, Inkatha Freedom Party (IFP)

d. Ms B Cabangana, Committee Secretary

e. Mr S Ngubane, Committee Researcher

3. Introduction

The main objective of the meeting was to consider the responsibilities of national parliaments in responding to the humanitarian crisis in the Darfur region of the Republic of Sudan. The meeting provided a forum for Parliamentarians to be briefed on the challenges in Darfur and provided African Parliamentarians with an opportunity to explore options and strategies for their involvement in finding the necessary solutions to address the crisis in Darfur. The meeting emphasised that African Parliamentarians must define their role as complimentary to efforts of the Heads of States and Government of the AU as well as the AU Commission especially its Special Envoy to Darfur, His Excellency Dr Salim Ahmed Salim. African Parliaments, as the representatives of the African people, must speak out against acts that negatively affect ordinary people, and use their mandates and powers to continue advocating for a solution to the Darfur crisis.

While the Final Communiqué touches on some of the issues discussed during the Consultative Meeting, it is important that the delegation points out some of the following issues discussed during the meeting and therefore, critical in understanding the situation in Darfur:

4. The Complexity of the Crisis

A number of presentations highlighted the fact that the current crisis is deeply rooted in the history of political exclusion and marginalisation of the people in the Darfur region dating back to colonial times. The people of the Darfur region have not been properly integrated into the Sudanese political system that would have ensured that they benefit from the Government programmes.

Underlying the current crisis in Darfur is access to and use of the necessary resources. Historically, access to, and the use of land was a source of livelihood for the various ethnic groups in Darfur who are pastoralists and agriculturalists respectively. Due to various forms of environmental degradation and repeated drought, the use of land as a resource became a source of conflict as different people in Darfur were forced to compete over arable land.

The conflict has a regional dimension, which involves the Government of Chad. Relations between the Governments of Chad and Sudan have deteriorated as both Governments have been accused of providing support and sanctuary to armed forces that are destabilising their respective countries. However, the Sudan-Chad Agreement concluded in May 2006, facilitated by the Government of Saudi-Arabia, could be seen as attempt to. The spillover effects of the Darfur conflict is exacerbated by the fact that both Chad and Sudan are linked historically and socially, due to numerous ethnic groups common to both countries and mostly residing along their common border area.

5. The Role and Plight of Women

The meeting reflected on the challenges with respect to the effective participation of women in the peace process. Dr Salim Ahmed Salim informed the meeting that the AU mediators have had difficulties in convincing the warring parties to include women in their respective negotiating teams.

The plight of women was highlighted as women continue to suffer the indignity of being the victims of rape by some of the armed groups involved in the conflict. It is therefore important to advocate for the application of the UN Resolution 1325 on Women, Peace and Security, which emphasises on the need for women’s participation in peace processes.

6. The Role of the Government of Sudan

Although one MP from the Darfur region offered his perspective on the crisis in the Darfur region, a shortcoming of this Consultative Meeting was the absence of the Sudanese Parliamentarians, therefore failing in providing the delegates with the opportunity to engage with them. However, in the absence of the Sudanese MPs, the Ambassador of Sudan to the United Republic of Tanzania participated in the meeting and was able to respond to some of the issues raised by African MPs.

The Consultative Meeting placed the responsibility of finding a solution in Darfur, and also dealing with the humanitarian crisis in the region, on the Government of Sudan. There was general consensus, and this is succinctly captured in the Final Communiqué, that the Government of Sudan must play its role its role as the guarantor of safety if its people.

7. Dealing with the Culture of Impunity

The presentation by a representative of the Prosecutor for the International Criminal Court (ICC) highlighted that the international community is committed towards exorcising the culture of impunity in Darfur. The ICC involvement in the Darfur is through the UN Security Council Resolution 1593 (2005), which referred the events, which have taken place in Darfur since 1 July 2002 to the ICC.

To date, and in accordance with the Rome Statute, the ICC has issued warrants of arrest to two individuals, namely, Mr. Ahmad Muhammad Harun and Mr. Ali Muhammad Ali Abd-Al-Rahman. In the opinion of the Prosecutor for the ICC, following an investigation, these two individuals, bear the greatest responsibility for war crimes and crimes against humanity in Darfur. Mr. Ahmad Muhammad Harun was the Sudanese Government Minister of State for the Interior from 2003-2005, and the Government of Sudan response to the issuing of the warrants of arrest that none of its citizens would be given up to stand trial in any court outside of Sudan.

While the meeting understood the role of the ICC in the fight against impunity, the dilemma presented by the issuance of the above two warrants of arrest was raised. Some of the MPs, expressed their concerns that such action may resulted in unintended quencequences on the current peace process whereby some individuals may be afraid to give up their arms for fear of being possibly implicated in war crimes and crimes against humanity and therefore prosecuted.

8. Afro-Arab Relations

The Special Envoy of the AU expressed the need to ensure that the conflict in Darfur is not allowed to affect existing Afro-Arab relations because this may undermine efforts to ensure African unity. This is important in the context of the Darfur crisis as a view exist that it is a conflict which involves the killing and marginalisation of ‘Africans’ by ‘Arabs’.

9. Conclusion

The meeting concluded and agreed on the following:

a. An urgent need for an immediate cease-fire in the Darfur region;

b. A need to respond to the humanitarian challenges and to assist with the victims of the conflict; and

c. The African Union Mission has to be bolstered in line with existing Security Council Resolutions.

10. Recommendations

a. The meeting agreed that regular follow-up meetings on Darfur be implemented to ensure that African Parliamentarians are kept abreast with all developments within Darfur, and also development of shared strategies to address the crisis.

b. The Committee must continue to advocate for a solution to the crisis in Darfur.

c. The Committee should give consideration to resolutions and recommendations of the Final Communiqué that would enable the Committee to identify areas applicable to its mandate.

Report to be considered.