للفائدة العامة : وثيقة حوار هايدلبيرج حول دارفور

الـمـصـــدر :-

http://www.mpil.de/shared/data/pdf/hdd_outcome_document.pdf

وثيقة حوار هايدلبيرج
حول دارفور
تحتوي على مسودة مقترحات:
للإتفاق المرتقب للسلام في دارفور
معهد ماكس بلانك للقانون العام المقارن والقانون الدولي - هايدلبيرج - ألمانيا
معهد أبحاث السلام - جامعة الخرطوم - السودان

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Quote: PREFACE The Heidelberg Darfur Dialogue III Since 2008, representatives of all political forces in Darfur, including representatives of civil society, have engaged in a dialogue addressing the root causes of the Darfur conflicts. The dialogue was organized by the Max Planck Institute for Comparative Public Law and International Law in co-operation with the Peace Research Institute of Khartoum University. The meetings took place in Khartoum and, mostly, Heidelberg (Germany) for which reason the process became renowned in the region as the Heidelberg Darfur Dialogue. The negotiations among the Sudanese participants were chaired by Prof. Dr. Al-Tayeb Haj Ateya (Sudan) and myself, and relied on the good offices of the international legal experts and mediators H. R. H. Prince Raad bin Zeid (Jordan), H. E. Prof. Dr. Tono Eitel (Germany), Dr. Kamal Hossain (Bangladesh), Prof. Rahmatullah Khan (India), H. E. Prof. Dr. Thomas A. Mensah (Ghana) and Judge Tafsir M. Ndiaye (Senegal). The process focused on enabling Darfurian citizens to develop together comprehensive solutions addressing constitutional, political, economic and social aspects of the conflicts in Darfur. The final result of three years of intensive negotiations is the Draft Darfur Peace Agreement, the Heidelberg Darfur Dialogue Outcome Document that the Max Planck Institute for Comparative Public Law and International Law presents to a larger audience through the present publication which is launched in Berlin on 19 May 2010.

Quote: The Outcome Document The Heidelberg Darfur Dialogue Outcome Document is a Draft Darfur Peace Agreement. Equally it is a constitution for the Region/States of Darfur within Sudan. In legal language, it retains the Heidelberg Group's consensus on provisions to be included in a future comprehensive Darfur Peace Agreement. The draft includes criteria and guidelines for power sharing, guarantees for human rights, provisions to ensure Darfur’s effective participation at al levels of federal government within Sudan, provisions on wealth sharing, development and management of land and natural resources, provisions addressing transitional justice and concerning compensation for those who have suffered in the Darfur conflict. In detail, the Outcome Document foresees the possibility to establish, for an interim period, a Region of Darfur with its own competences and institutions as an additional level of government within Sudan. The internal organization of Darfur shall be based upon the rule of law and the principles of democracy and accountable government. At the same time, the Outcome Document contains provisions to strengthen local government. The document envisages as one of three offered alternatives that Darfur will be represented at the central government in Khartoum, possibly by a Second Vice President and a Senior Assistant to the President. The marginalization of Darfur shall be redressed through the inclusion of Darfurians at all levels and in all branches of government and public service, including the military. Human rights and fundamental freedoms in Darfur shall be reinforced, and their actual implementation shall be enhanced, through additional guarantees in a bill of rights that forms part of the final Darfur peace agreement. The sharing of wealth and public revenues within Sudan shall follow the principles of fairness and equitable social and economic development throughout the country. At the same time, the needs of rehabilitation, reconstruction and development of the war affected social and physical infrastructures in Darfur shall be taken into account. A Darfur Reconstruction and Development Board shall be responsible for the administration of funds and the sustainable management of regional development projects. V Detailed provisions cover the assig of fiscal responsibilities, the attribution of revenue bases and intergovernmental transfers between the different levels of government, in particular between the centre and Darfur. An extensive chapter addresses the development and management of land and natural resources with a view to ensure their fair and sustainable use. This chapter contains provisions on traditional and historical rights to land, community land, the allocation of land to individuals, communities and legal persons, and the development and management of land through a Darfur Land Planning Commission. Moreover, the Outcome Document introduces mechanisms and institutions to facilitate the peaceful settlement of disputes on land issues. With respect to the use of natural resources, specific provisions balance the national, regional and local interests with a view to enable their sustainable use in compliance with international environmental standards. Provisions on transitional justice rely on traditional Darfurian values and the principles of justice, accountability and reconciliation as enshrined in customary, national and international law. The criminal responsibility of the most senior per responsible for grave acts of violence in conjunction with the ongoing armed conflict in Darfur is confirmed. Customary, national a international institutions are identified as competent bodies to adjudicate on specific acts of violence. Finally there is a chapter dealing with the question of compensation of those, individually or as group, have suffered during the Darfur conflict. Acknowledgments The Heidelberg Darfur Dialogue and the publication of the Outcome Document was made possible through the generous funding by the European Union, the German Foreign Office and, mostly, the Max Planck Society for the Advancement of Science. It was facilitated by the committed administrative support of the Ge and the Sudanese public authorities, in particular the staff of the Sudanese Embassy in Germany and the German Embassy in Sudan. They helped us to make the meetings of the Heidelberg Group possible, and to make this document VI available to the ongoing peace process, thereby contributing to the building of sustainable peace in Darfur. Professor Dr. Rüdiger Wolfrum

Quote: ABBREVIATIONS ADB African Development Bank AU African Union CPA The Comprehensive Peace Agreement DPA Darfur Peace Agreement XIII DRDB Darfur Reconstruction and Development Board DRDF Darfur Reconstruction and Development Fund FFAMC Fiscal and Financial Allocation and Monitoring Commission FG Federal Government of the Sudan IBRD International Bank for Reconstruction and Development ICC International Criminal Court IDPs Internally Displaced Persons INC Interim National Consti the Sudan of the Republic of JAM Joint Assessment Mission for Darfur MDGs Millennium Development Goals NCS National Civil Service NRA National Revenue Account NRF National Revenue Fund SAF Sudan Armed Forces XIV UN United Nations

Quote: DEFINITIONS XV For the purpose of this Heidelberg Darfur Dialogue Outcome Document “Demobilization” means the process through which the parties of the armed conflict in Darfur begin to disband their military structure and former combatants begin the process of transformation into civilian life. “Disarmament” means the collection, control and disposal of small arms, light and heavy weapons and includes de-mining. “Displaced persons” means internally displaced persons or refugees. “The elections” means the subsequent general elections to take place throughout the Sudan. “Former Combatants” means former members of the Movements’ forces. “Interim Period” means the time period of 7-10 years after the day a future Final Peace Agreement for Darfur is signed. “Internally Displaced Persons” (IDPs) means persons or groups of persons who have been forced or obliged to flee their homes or places of habitual residence, in particular as a result of, or in order to avoid, the effects of armed conflict, situations of generalised violence, violations of human rights or natural or man-made disaster and who have not crossed an international border. “Movements” means the Sudan People’s Liberation Movement/Army and the Justice and Equality Movement. “War-affected persons” means persons or groups of people who have suffered persecution during the conflict in Darfur as well as those whose life and livelihoods have been adversely affected as a result of the conflict-

Quote: PREAMBLE AND GENERAL PRINCIPLES The participants of the Heidelberg Darfur Dialogue COMMITTED to contributing to a sustainable solution for the conflict in Darfur and to overcoming Darfur’s marginalization within the Sudan; AFFIRMING the sovereignty, unity, and territorial integrity of the Sudan and Darfur’s identity as an integral part of the Sudan; MINDFUL of the previous agreements concerning peace in Darfur; EMPHASIZING their commitment to the Interim National Constitution of the Republic of the Sudan of 2005 (to be amended according to a future Final Peace Agreement for Darfur); to the full implementation of a Comprehensive Peace Agreement of January 2005; and to the African Union Decisions and United Nations Security Council Resolutions concerning the need to reach a political solution in order to bring the conflict in Darfur to an end; CONDEMNING all acts of violence against civilians and violations of human rights, and stressing the necessi that all parties to the ongoing armed conflict in Darfur fully and unconditionally accept their obligations under international humanitarian law, international human rights laws, and relevant United Nations Security Council Resolutions; CONVINCED that a future Final Peace Agreement for Darfur will have to be negotiated not only between the national government of Sudan and the Movements, but also needs to take into account the voices of the Darfurian civil society and of the Darfurian population; CONVINCED that a future Final Peace Agreement for Darfur will have to rely also on the solution of conflicts between the Sudan and its neighbouring countries that affect Darfur; ENDORSE a future Final Peace Agreement for Darfur and thus submit the following Heidelberg Darfur Dialogue Outcome Document, including its draft proposals for consideration in a future Final Peace Agreement for Darfur.

Quote: CHAPTER 1. SUDAN AND ITS PEOPLES 1. The Republic of the Sudan is an independent, sovereign State; sovereignty is vested in the people and shall be exercised by the State organs on behalf of the peoples of the Sudan in accordance with the provisions of the Interim National Constitution (INC) and a future Final Peace Agreement for Darfur. 2. Religions, beliefs, traditions and customs are the source of moral strength and inspiration for the Sudanese peoples. The cultural and ethnic diversity of the Sudanese peoples is the foundation of national cohesion and therefore shall be promoted and developed. The Sudanese peoples share a common heritage and aspirations, and accordingly agree to work together. CHAPTER 2. THE REGION OF DARFUR 3. The Region [and the three States] of Darfur (i.e. Northern Darfur, Southern Darfur and Western Darfur,) is [are] and will remain an integral part of the Sudan. 4. For an Interim Period (of 7-10 years) to overcome the present crisis and until the population decides on the final status of Darfur, Darfur will constitute a Region [presently composed of the three States of Northern Darfur, Southern Darfur and Western Darfur] within the united Sudan 5. The Region of Darfur is committed to promoting democracy, the rule of law, the principles of good governance, the protection of human rights and the respect for ethnic, cultural and linguistic plurality, and equality between men and women on all governmental and administrative levels. It [They]is[are] further committed to formulating and implementing a repatriation, resettlement, rehabilitation, reconstruction and development plan to address the needs of those areas affected by the armed conflict. The Region [and the States]is[are] further committed to redressing the historical imbalances of development and resource allocation. 6. The Region [and the States] of Darfur, in cooperation with the Federal Government of the Sudan (FG), is [are] committed to finding and implementing a comprehensive solution that redresses the economic and social deterioration of Darfur and promotes social, political and economic justice respecting the fundamental human and political rights of all peoples of Darfur. CHAPTER 3. BORDERS 7. Without prejudice to the provisions of the Comprehensive Peace Agreement (CPA) relating to the North-South border and any international agreements in force between the Republic of the Sudan and its neighbouring countries, all borders of Darfur shall be demarcated according to the borderlines of 1 January 1956. A technical ad hoc committee shall be established to confirm the demarcation accordingly.1 CHAPTER 4. THE PEOPLES OF DARFUR 8. The peoples of Darfur have the right to control and govern their affairs in the Region [and the States]ofDarfur,andtoparticipate equitably in the FG, based upon fair representation which shall be proportional to the Darfurians’ percentage of the Sudanese population. 9. TheNationalCivilService(NCS),theNationalArmedForces,the Police and the Intelligence Services shall reflect at all levels a fair and equitable representation of all citizens, including those from Darfur. During the Interim Period, quota shall ensure that citizens from Darfur are represented in the NCS,2the National Armed Forces, the Police and the Intelligence Services in proportion to their percentage of the entire Sudanese population. 10. To remedy the under-representation of women in government institutions and decision-making structures, a future Final Peace Agreement for Darfur and a future Interim Constitution for Darfur will implement special measures to ensure women’s equal and effective participation in decision-making at all levels of the Region [and the States]ofDarfur.

Quote: CHAPTER 5. THE EXERCISE OF POWER 11. Power sharing is vital for national unity. Separation of the legislative, executive and judicial powers shall consolidate good governance, accountability, transparency and commitment to the welfare of the people. The rule of law shall prevail and the independence of the judiciary shall be guaranteed. The Constitutional Court shall have the competence to decide any disputes between levels or organs of government in respect of their exclusive, concurrent, or residual competences. 12. The peaceful transfer of power on the basis of free and fair elections shall be the foundation for a democratic government in Darfur. Elections at all levels shall be based on free and direct voting, observed by neutral/international observers, with a view to ensuring fair participation of all Darfurians. 13. A peaceful devolution of powers through democratic means is a guarantor for stability and unity of the country. A federal system of government, with an effective devolution of powers and a clear distribution of responsibilities between the centre, the Region [the States] and the local government is essential to ensure fair and equitable participation by the citizens of the Sudan in general, and those of Darfur in particular.

Quote: Part I. CRITERIA AND GUIDELINES FOR POWER SHARING 14. Darfurians shall be included at all levels of government and in all public institutions of the Republic of the Sudan. 15. The inclusion of Darfurians at all levels of government and in all public institutions of the Republi of the Sudan shall be guaranteed through fair and equitable representation in proportion to their percentage of the entire Sudanese population. 16. With regard to the civil service, the judiciary, the armed forces, the police, the intelligence services and all other organs of government, the principle of inclusion shall be respected while taking into account the required professional qualifications and competence. Special educational, training and public service employment opportunities will be provided to enable Darfurians to participate fully and equally in contributing to the welfare of the nation. During the Interim Period, action shall be taken in favour of Darfurians in order to enhance their representation in public services. 17. In order to empower all sections of the population of Darfur and to bring government closer to the people, there is a need to integrate Darfurians into the administration of the political, economic, cultural and social affairs of Darfur. This policy shall be implemented immediately after the conclusion of a future Final Peace Agreement for Darfur. In this context, it is necessary to initiate programmes that shall help remedy the adverse effects of the conflict. 18. The criteria and modalities for the exercise and/or the sharing of power after the subsequent election shall be determined by the result of the elections and in accordance with the provisions of the INC (as amended according to a future Final Peace Agreement for Darfur). 19. In implementing a future Final Peace Agreement for Darfur, the parties to the armed conflict in Darfur shall act in accordance with the principles of good faith, transparency and accountability. 20. In their relationships to each other or to other government organs, all levels of government, including local government, shall be based on respect for each others’ autonomy and on mutual assistance and collaboration concerning the task of governing and the fulfilment of their respective constitutional obligations. 21. Government organs at all levels, namely the national, regional [State] and local government, shall perform their functions and exercise their powers so as: (a) not to encroach on the powers o functions of other levels, (b) not to assume powers or functions conferred upon any other level except as stipulated in a future Interim Constitution for Darfur, (c) to promote cooperation between all levels of government, (d) to promote open communication between all levels of government, (e) to render assistance and support to all other levels of government, (f) to advance good coordination of governmental functions, (g) to adhere to procedures of inter-governmental interaction, (h) to promote amicable settlement of disputes before attempting litigation, (i) to respect the status and the institutions of all other levels of government. 22. The harmonious and collaborative interaction of the different levels of government shall be guided by the spirit of national unity and the achievement of a better quality of life for all.

Quote: Part II. HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 23. The Republic of the Sudan, including all levels of government and administration, in particular the Region [and the States] of Darfur, shall protect and promote, guarantee and implement the Bill of Rights enshrined in the INC, a future Interim Constitution for Darfur, and a future Final Peace Agreement for Darfur. 24. All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified by the Republic of the Sudan shall be an integral part of this Bill. 25. Citizenship shall be the basis for equal rights and obligations for all Sudanese. 26. Everyhumanbeinghasarighttolife,dignityandtheintegrityof his/her person. No person shall be arbitrarily deprived of his/her life. 27. Every person is entitled to freedom, safety and security. No person shall be subjected to arrest, detention, deprivation or restriction of his/her liberty, except in accordance with measures prescribed by the law and Sharia law, in particular in accordance with measures prescribed by criminal procedural law or judicial orders. (a) An accused person is presumed innocent until proven guilty according to the law. (b) Every person who is arrested shall be informed at the time of arrest of the reasons for the arrest and shall be immediately informed of the charges held against him/her. An accused person has the right to defend himself/herself in person or through a lawyer of his/her own choice. Legal aid shall be assigned to him/her by the State where he/she is unable to defend himself/herself in serious offences.

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