Abuja — African Union Peace and Security Council summit has endorsed AU Panel on Darfur recommendations on expansion and strengthening of the system of special Courts to deal with crimes committed in the conflict in Darfur.
Former South African President Thabo Mbeki said all Sudanese people confirmed that crimes were committed in Darfur during the conflict and the best solution is to set a court and prosecute all those that committed crime, which is separate from International Court of Justice (ICC)
The summit also endorsed the establishment of a Hybrid Court to deal particularly with the most serious crimes, to be constituted by Sudanese and non-Sudanese judges and senior legal support staff, the latter two groups to be nominated by African Union.
A communiqué issued after the 207 summit held at the level of heads of State and Government, in Abuja yesterday added that AU endorsed the introduction of legislation to remove all immunities of state actors suspected to committing crimes in Darfur, establishment of a Trust, Justice and Reconciliation Commission (TJRC) to promote truth telling and appropriate acts of reconciliation and to grant pardons as considered suitable.
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It added that the council also stressed the need to create inclusive conditions for the successful holding in Darfur, as well as in the rest of the country (Sudan) of the April 2010 national elections provided for the comprehensive peace Agreement (CPA) and to ensure that Darfur fully participates in the national debate arising from the 2011 self-determination referendum in the Southern Sudan.
The communiqué stressed the importance of the general elections scheduled for April 2010 in the overall efforts towards the dramatic transformation of the Sudan, and for addressing in a lasting manner the many challenges facing the country.
The council also endorsed the recommendations as contained in the report (para 280-377) as they provide a clear and sound Road Map for achieving peace, justice, reconciliation and healing in Darfur, and thereby contribute to the overall objective of promoting sustainable peace and stability in the Sudan, and stresses that these recommendations shall be basis of AU engagement in Darfur and its interaction with its international partners.
The council recommendation on supporting the peace process and ensuring the necessary follow-up request the chairperson of the commission to establish an AU High level implementation panel (AUHIP), comprising of former presidents Thabo Mbeki, Pierre Buyoya and General Abdulsalami abubakar to assist in the implementation of all aspects of the AUPD recommendations, as well as to assist the Sudanese parties in the implementation of the comprehensive peace Agreement (CPA). The AUHIP will have an initial mandate of one year, council requests all concerned, including the joint Mediation and UNAMID, to extend full and unreserved cooperation to the AUHIP.
On peace process the council share the view the panel that the problem of Darfur requires a political settlement and a process of negotiations in the context of a democratic transformation for the whole Sudan, which should be built on the values of power sharing, wealth sharing, national reconciliation and pursuit of the objective of the national unity in diversity.
The council reaffirmed the commitment of AU to combating impunity, in line with the relevant provisions of the AU constitutive Act and strongly condemns the violations of human rights in Darfur. Council also urges UN security council to heed the AU's call for the deferral of the process initiated by the international Criminal Court (ICC) against president Omar Hassan Al-bashir in the interest of peace, justice and reconciliation.
The council reiterates earlier AU decision on ICC process, in particular the non-cooperation of the AU members states with the arrest and surrender of president al-bashir in line with the decision Assembly/AU/Dec. 245.
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