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Re: للفائدة العامة : وثيقة حوار هايدلبيرج حول دارفور (Re: صديق عبد الجبار)
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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
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