Sudan will fully cooperate with the International Criminal Court (ICC) in the Hague. A Truth and Reconciliation Commission and memorial sites will be set up. Imbalances in the civil service and the judiciary will be addressed.
The transitional government and the armed movements that signed the peace agreement in the South Sudanese capital of Juba on Monday have affirmed their willingness to “full and unlimited cooperation” with the ICC regarding the indicted Sudanese.
In accordance with the Juba agreement, Sudan will allow easy access for ICC prosecutors and investigators to victims, witnesses, and investigation sites. The ICC officials will be able to move freely in all parts of the country at all times. The government and the armed movements will not interfere in ICC investigations and trials and guarantee the protection of all prosecutors, victims, and witnesses.
By cooperating with the ICC, Sudan will adhere to the 2005 Security Council Resolution 1593 that referred the Darfur case to the ICC. UN High Commissioner for Human Rights Michelle Bachelet has welcomed Sudan's decision to cooperate with the ICC.
Three months ago, ICC suspect Ali Kushayb was transferred to the Hague after he surrendered himself in the Central African Republic. The Sudanese Public Prosecution said it indicted Ali Kushayb for murder, theft, rape and violence against women at the end of 2019. An arrest warrant was subsequently issued against him.
Khartoum and the rebel groups have also agreed to establish memorial sites, such as museums and documentation centres, in honour of the victims of the war in Darfur.
The purpose of these memorials is to promote reconciliation between the communities in Darfur and “to demonstrate the commitment of the people of Darfur and the government of Sudan to the protection of human rights and prevent the recurrence of acts of violence”.
The memorial sites should be used for civic activities and educational programmes.
Truth and Reconciliation Commission
The peace agreement as well stipulates the establishment of a Truth and Reconciliation Commission (TRC) in Darfur within two months.
This commission that will work for a period of ten years, and will consist of 11 members. TRC offices will be established in Khartoum and the capitals of the Darfur states.
The TRC will investigate violations of human, economic, social, environmental, and cultural rights since June 1989, when the regime of ousted President Omar Al Bashir came to power through a military coup. It will work on reconciliation between the various communities in particular, reaching “a common understanding of the past”, and facilitating “a true healing of wounds within the communities”.
The two parties agreed to address the imbalance in the national civil service at all job levels. The staff of national banks, semi-national banks, and public companies must for 20 per cent consist of people from Darfur, provided that the appointment is made according to eligibility and competences.
Agreement has also been reached on institutional reforms of the judiciary and the public prosecution. A quota of 20 per cent for people from Darfur will improve the balance within the judiciary.
With regard to the southern Sudanese track, consisting of Blue Nile state and South and West Kordofan, the South Sudanese mediators have set a period of two weeks for the Matrix Committee to develop timetables for the implementation of the peace agreement.
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