Resolution on the Situation in Darfur

The Forum on the participation of NGOs in the 37th Ordinary Session of the African Commission on Human and Peoples’ Rights, Banjul, The Gambia, 24th – 26th April, 2005:

Considering the provisions of the Constitutive Act of the African Union (AU), the Charter of the United Nations Organisation (UN) as well as those of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which the Sudan is a state party and that as a state party the Sudan is morally and legally bound to fully and effectively implement the provisions of these instruments and respect and promote the human rights and fundamental freedoms set therein without discrimination on any ground;

Recalling relevant Decisions and Communiqués adopted by the AU Assembly of Heads of State and Government and those of the Peace and Security Council on the situation in Darfur notably
Decisions AU/Dec.54(III) and Assembly/AU/Dec.68 (IV) adopted at the 3rd and 4th Ordinary Sessions of the AU Assembly of Heads of State and Government respectively as well as Communiqués PSC/PR/Comm.(XIII) and PSC/PR/Comm.(XVII) adopted by the AU Peace and Security Council at their 13th Meeting and 17th Meeting respectively,

Welcoming Resolutions 1556/2004 of 30 July 2004 and 1590/2005, 1591/2005 and 1593/2005 adopted by the UN Security Council on the situation in Sudan and Darfur in March 2005.

Recalling also the Resolution of 4th June 2004 adopted by the African Commission on Human and Peoples’ Rights at its 35th Ordinary Session on the situation in the Darfur region of Sudan as well as Resolution E/CN.4/2005/L.36/Rev.3 adopted by the UN Commission on Human Rights on 21st April 2005 on the situation of human rights in Sudan.

Deeply concerned at the continuing grave violations of human rights and international humanitarian law in Darfur as documented by the International Commission of Inquiry on Darfur in its report of 25th January 2005 submitted to the UN Secretary General and Security Council, which concluded that the crimes committed in Darfur are “… no less serious and heinous than genocide…”

1. We call on the government of Sudan to:

1. Comply with its obligations under the AU Constitutive Act, the UN Charter, the African Charter on Human and Peoples’ Rights and other relevant instruments to which the Sudan is a state party, and in particular comply with the following:
2. Stop, with immediate effect, all attacks against civilians in Darfur and ends the grave violations of human and peoples’ rights in particular the forced de-population of entire areas in the region, rape and sexual violence against women and girls, abduction of women and children, and to cease all support, including the provision of supplies, to the Janjaweed militiamen.
3. Provide the necessary support to all international agencies and humanitarian organisations in order to ensure immediate, full, safe and unhindered access to the war affected areas of Darfur and to facilitate delivery of humanitarian assistance to civilian populations.
4. Fully and unconditionally cooperates with the Prosecutor of the International Criminal Court in his efforts to investigate and bring to justice all persons suspected of perpetrating war crimes and crimes against humanity as prescribed in the report of the International Commission of Inquiry on Darfur.

2. We call on the African Commission on Human and Peoples’ Rights to:

1. Make public the report on its mission to the Darfur region, which was carried out in July 2004, without any further delay and ask the government of Sudan to implement the recommendations contained therein.

3. We call on the international community to:

1. Continue supporting the AU in its efforts to help end the crisis in Darfur including by providing all equipment, logistical, financial, material, and other resources necessary to support the rapid expansion of the AU Mission in the region.
2. Take all the appropriate measures to ensure that the government of Sudan complies with the provisions of UN Security Council Resolutions 1556/2004 of 30 July 2004 and 1590/2005, 1591/2005 and 1593/2005 adopted on 29th and 31st March 2005 respectively.

Done at Banjul, The Gambia, on 26th April 2005

Resolution on Armed Militia Groups in Africa

The Forum on the participation of NGOs in the 37th Ordinary Session of the African Commission on Human and Peoples’ Rights, Banjul, The Gambia, 24th – 26th April 2005:

Considering the provisions of the Constitutive Act of the African Union (AU), the Charter of the United Nations Organisation as well as those of the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child, the Protocol on the Rights of Women in Africa, the Protocol Establishing the AU Peace and Security Council, and other regional and international human rights instruments and humanitarian law;

Recalling Communiqué PSC/AHG/Comm. (XXIII adopted by the AU Peace and Security Council (PSC), meeting at its 23rd meeting, at the level of Heads of State and Government, on 10 January 2005, in Libreville, Gabon;
Recalling also the Resolution on the Promotion and Respect of International Humanitarian Law and Human and Peoples’ Rights adopted by the African Commission on Human and Peoples’ Rights at its 14th Ordinary Session, December, 1993 in which the Commission invited all African States Parties to the African Charter on Human and Peoples’ Rights to adopt appropriate measures at the national level to ensure the promotion of the provisions of international humanitarian law and human and peoples’ rights;
Stressing that maintaining peace and preserving territorial integrity is the prime responsibility of the State and that there is a need for specific instruction of military personnel and the training of the forces of law and order in international humanitarian law and human and peoples’ rights respectively;
Deeply concerned by the growing trend among some States to permit undisciplined militia groups to fight proxy wars on their behalf and that such groups commit heinous crimes abhorrent to all cannons of civilized life targeting defenceless civilian populations in particular women and children;
We call on the African Commission on Human and Peoples’ Rights to:
1. Condemn in the strongest possible terms the violence and destruction of life and livelihood committed by armed militia groups against civilian populations and the increasing trend among some African States to use militia groups to fight proxy wars on their behalf.
2. Pronounce itself on this dangerous phenomenon and advise African Heads of State and Government on the importance of taking the necessary steps including the adoption of a binding instrument to incriminate this practice and halt the impunity with which these groups commit crimes.
3. Initiate a study on the negative impact of armed militia groups on the safety and security of person in Africa, as well as the dangers they pose to national and regional peace and stability.
Done at Banjul, 26th April 2005