Abuja — The Peace and Security Council of the African Union has called for the setting up of a Hybrid Court to address the issues of impunity and the state protection of those suspected of committing crimes against humanity in Dafur.

Rising from its 207th meeting, which held at the Transcorp Hilton Hotel Abuja yesterday, the Council, which is the highest organ of the AU and made up of representatives from the five regional groups of the Union also called for the setting up of a Truth, Justice and Reconciliation Commission as well as consideration for reparation for individuals and communal losses from the conflict. AU Commissioner of Peace and Security, Ambassador Ramtane Lamamra who read the communiqué of the Council said the recommendations of the Council were drawn mainly from the report and findings of the 7-member African Union High-level Panel on Dafur (AUPD) established by the AU Commission on July 21, 2008 and headed by former South African President Tabo Mbeki.

Although President Omar Al-bashir of Sudan was invited to participate at yesterday's meeting in accordance with the relevant provision of the protocol establishing the PSC he was however absent and was represented by that country's 2nd Vice President Ali Taha.

Yesterday's meeting, which was at the instance of President Umar Musa Yar'Adua, the current Chairperson of the Council noted that the recommendation for a Hybrid Court, which would comprise Sudanese and non Sudanese judges and senior legal support team to be nominated by the African Union was not a vote of no confidence on the Sudanese criminal justice system to handle the crimes allegedly committed in the context of the Dafur conflict. The Council noted that its recommendation was based on its convictions that exceptional measures must be put in place to assure the people of Dafur that justice will be done, taking account the objective reality that a number of them have little confidence in the independence and impartiality of their national criminal justice system.

The Pre-Trial Chamber of the International Criminal Court issued an arrest warrant against the President of the Republic of the Sudan on March 4th 2009, for war crimes and crimes against humanity. Following this, the PSC at its 175th Meeting in Addis Ababa on 5th March 2009 expressed deep concern over this decision;

especially as it came at a critical point in the process of promoting lasting peace, reconciliation and democratic governance in the Sudan.

While underlining that the search for justice should be pursued in a way that does not impede or jeopardize the promotion of peace, the PSC reiterated its strong condemnation of the gross violations of human rights in Darfur and the AU's unflinching commitment to combating impunity, in line with the relevant provisions of the Constitutive Act.

On his part, and in line with Council mandate, the Chairperson of the Commission, President Yar'Adua established a High Level Panel chaired by the former South African President Thabo Mbeki, to examine the situation in depth and submit recommendations on how best the issues could be effectively and comprehensively addressed.

The Council in its communiqués in context of the ICC ruling noted the position of the African Union in condemning impunity and the fact that many members of the AU were not opposed to the work of the ICC. It reiterated that AU had never requested for a suspension of the ICC ruling but that it only requested for deferral in line with Article 16 of the Rome Statute to avert possible effect that the execution of the arrest warrant could have on the Sudanese polity, especially on the implementation of the Comprehensive Peace Agreement.

The Council reiterated its position that the resolution of the Dafur crisis must be based on the three principal pillars of peace, justice and reconciliation.