In the Name of Allah, the Most Gracious, the Most Merciful
Darfur Bar Association Board of Trustees
Meeting with the Special Envoy of the United Nations Secretary-General to Sudan, Mr. Ramtane Lamamra
It is with great pleasure that we, the Darfur Bar Association, welcome you as you assume the responsibilities of the Special Envoy of the United Nations Secretary-General to Sudan. We hold high hopes for your pivotal role in steering matters in Sudan back onto the correct path before complete collapse ensues, leading to widespread chaos that could extend beyond Sudan. This would be akin to the situations in Somalia and Libya, potentially spreading instability to neighboring countries, the West African region, and large parts of Africa.
In December 2023, a delegation from the Darfur Bar Association, including its chairperson, Mr. Salih Mahmoud, and member Mr. Musaad Mohamed Ali, met with the UN Secretary-General, Mr. António Guterres. The meeting addressed the future of regional and international initiatives concerning Sudan’s situation and the violations committed by both warring parties—the army and the Rapid Support Forces. The Secretary-General mentioned that the proponents of these initiatives do not favor a UN role but assured them of his efforts to activate the Organization’s
involvement. He expressed trust in your abilities to fulfill your duties and urged us to collaborate with you. We greatly appreciate your invitation to this consultative meeting, which we view as an extension of our cooperation with the United Nations.
Your Excellency,
There are deficiencies in the performance of the United Nations and its agencies operating in Sudan. Although this may not be the appropriate time to address such issues in detail, it is imperative to discuss them at a later stage. This is particularly important because the actions of the United Nations in various matters have eroded trust among many populations, especially in African countries. The dominance of the permanent members of the UN Security Council in pursuing their self-interests often comes at the expense of peoples’ issues, undermining the role that the Secretary-General is currently striving to restore. This sidelining is evident in regional and international initiatives where the UN’s involvement is unwelcome, as previously disclosed.
The UN Secretary-General is seeking a role regarding Sudan’s current situation, a responsibility inherent under the UN Charter. To achieve this, the UN Secretariat must address its shortcomings by developing plans grounded in thorough, field-based research. Such efforts would reveal that one of the region’s and Sudan’s crises stems from the UN’s neglect of its responsibilities. Among the contributing factors are the conditions of hundreds of thousands of nomads scattered across Africa and the Sahel belt. Since the emergence of the modern state, legally protected by international law following the Treaty of Westphalia in 1648 and the creation of modern African states after the division of colonial territories post-World War I, thousands of nomads still wander across African nations.
To date, the United Nations has not studied their conditions or addressed their rights to stability and settlement in accordance with the systems of modern states. This includes their natural human rights to settlement, education, and well-being, as well as the rights of peoples and states to general security by preventing the exploitation of nomads in regime-change projects across African countries.
Furthermore, Western countries that formerly colonized Africa and have transitioned from traditional colonialism to modern forms of dominance must collaborate in addressing these issues. Their current approach ties certain nations and their people to ruling elites that prioritize Western interests over the welfare of their citizens, as seen in the West African region. The West must recognize that these policies are no longer effective and will undoubtedly exacerbate hatred against them.
Relevant Meeting Documents (Attached):
● The UN Secretary-General’s report to the UN Security Council on the protection of civilians in Sudan.
● The Jeddah Declaration on Commitment to Protecting Civilians in Sudan.
First Document (Attached):
The Secretary-General’s report, along with a summary of the conceptual note and the agenda for the UN-sponsored civil consultations on the protection of civilians in Sudan, dated December 27, 2024. This report, presented to the UN Security Council in October 2024, includes what the Secretary-General described as tangible and realistic recommendations to:
• Strengthen the protection of civilians in Sudan.
• Ensure an immediate cessation of hostilities.
• Improve civilian protection and intensify ceasefire efforts nationwide.
• Guarantee unhindered delivery of humanitarian aid.
• Support local protection efforts led by civil society by establishing a robust and transparent mechanism to monitor compliance with the Jeddah Agreement.
Second Document (Attached):
The Jeddah Declaration, dated May 11, 2023.
Guiding Questions:
1. What actions should be taken to implement the recommendations in the Secretary-General’s report on civilian protection in Sudan? How can they be realistically accepted and implemented by the parties involved to ensure civilian protection on the ground?
2. In the current context of conflict and deteriorating humanitarian and protection conditions, are there priority actions that the parties can accept and realistically implement to ensure civilian protection on the ground?
Responses to the Guiding Questions:
The United Nations must not begin from a vacuum but instead build on any previous positive efforts. However, a review of earlier efforts reveals that none have achieved significant positive results. Additionally, the situation on the ground has surpassed the provisions of the Jeddah Declaration, rendering it insufficient to address the dire conditions in the country.
It is now essential to recall the commitments made by both warring parties in the agreement since its signing, holding each party accountable for the violations resulting from their breaches. Furthermore, there is a need to reassess the outcomes of regional and international efforts, which have yielded no tangible results. Notably, the efforts led by U.S. Secretary of State Antony Blinken and U.S. Presidential Envoy Tom Perriello culminated in the introduction of a document called the Code of Conduct. This document was signed by the Rapid Support Forces but refused by the army. Even if both parties had signed it, the document might have legitimized the continuation of the war by encouraging both sides to ignore a ceasefire under idealistic behavioral guidelines. The resulting atrocities against innocent civilians are war crimes and crimes against humanity.
The Association agrees with the facts outlined in the Secretary-General’s report. However, there are additional grave violations not covered in the report. Since the report was presented to the Security Council, numerous unarmed civilians have been killed, including entire families, due to indiscriminate aerial bombings by the army and heavy artillery shelling by the Rapid Support Forces. Examples include massacres in the besieged city of El Fasher, the Triangular Capital, and other war-affected regions such as the villages in Gezira State, where horrific massacres have occurred. These atrocities have not moved the regional or global conscience, even among parties politically intervening under the guise of resolving Sudan’s crisis.
Therefore, unconventional methods must be adopted to address the escalating crisis to protect civilians, free from political agendas and exploitation of Sudanese blood. Helping the people of Sudan determine their own future is a necessity—not through the warring parties. The Association will submit a detailed proposal to the Secretary-General. However, for now, we present the following preliminary suggestions in response to the guiding questions:
1. Establish Accountability Mechanisms: Both parties must be held accountable for their violations since signing the Jeddah Declaration.
2. Independent Monitoring and Enforcement: Develop robust, non-traditional mechanisms that prioritize civilian protection without external political interference.
3. Empowering Sudanese Civil Society: Allow civil society to lead local initiatives for protecting civilians and determining the country’s future.
4. Neutral Mediation: Ensure international mediators are free from political and economic agendas to avoid exploitation of Sudan’s humanitarian crisis.
5. Focus on Humanitarian Needs: Prioritize unhindered humanitarian aid delivery, ensuring immediate relief for affected populations.
Further elaboration on these points will follow in the Association’s detailed proposal to the Secretary-General.
State of Lawlessness
1. False Assumptions in Mediation Efforts:
The questions presented are based on the assumption that the warring parties represent the Sudanese people and hold complete control over violence and decision-making in the state. This assumption grants them the exclusive right to decide on the cessation of war and the country’s future, excluding the people. In reality, Sudan is experiencing a state of lawlessness, with multiple centers of violence. Any settlement that does not fundamentally rely on the foundational principles of state-building will have no future. To return authority to the people of Sudan, the Darfur Bar Association will present a comprehensive vision for this purpose.
2. Limitations of International Criminal Justice:
Criminal cases referred to the International Criminal Court (ICC) under UN Security Council Resolution 1593 have resulted, after two decades, in the surrender of only one accused individual who reportedly turned himself in voluntarily. The ICC has shown no serious efforts to apprehend the remaining accused (Omar al-Bashir, Abdel Rahim Mohamed Hussein, and Ahmed Haroun). This raises questions about whether this mechanism is adequate to deter perpetrators of war crimes and deliver justice, particularly given the gravity of the crimes committed during the current war.
3. Root Causes of the War:
The Secretary-General’s report to the Security Council, like its predecessors, does not address the root causes of the war in Sudan. The true cause lies in unresolved issues related to the establishment of the Sudanese state. A proper resolution requires adherence to the constitutional documents that define Sudan as a civil, democratic, and federal state. The permanent constitution must be approved through an elected Constituent Assembly representing all regions of Sudan. Failure to adhere to these foundational principles leaves future generations vulnerable to perpetual conflict. The foundational rules are procedural safeguards ensuring all Sudanese the right to determine their own affairs and destiny.
4. Escalating Violations by All Parties:
Violations have increased across areas controlled by all parties. For instance, in northern Sudan, local authorities have issued discriminatory measures, such as the “Foreign Faces Law,” which uses individuals’ appearance as a basis for accusations. Arbitrary arrests of civilians, including women, are rampant. In one case, 13 women were prosecuted for “undermining constitutional order” and “collaborating with the Rapid Support Forces” (RSF) without evidence. For example:
• A woman, Dur Hamdoun, was sentenced to death merely for carrying a prescription from an RSF-controlled area.
• Another woman, Aya Mustafa, was sentenced to death for appearing in an RSF uniform during a pre-war celebration.
Many men face similar unjust trials or await execution. (The Association will provide the Secretary-General with a detailed list of names and cases.)
5. Education as a Tool of War:
The RSF has hindered thousands of students in areas under its control from accessing Sudanese certificate exam centers. The fate of these students has become a hostage to RSF policies and the ongoing war.
6. Failure to Act on Verified Evidence:
The Panel of Experts, formed under UN Security Council Resolution 1591, presented credible and well-documented evidence in its February 2024 report, including proof of external arms supplies fueling the war. However, the Security Council merely renewed the panel’s mandate without taking action on these findings.
Conclusion
The Darfur Bar Association reiterates its full readiness to cooperate with the Special Representative of the UN Secretary-General. It will provide a comprehensive vision for protecting civilians during the war, ensuring Sudanese participation in shaping their future, establishing effective accountability mechanisms, and addressing related issues such as the situation of nomadic communities. Additionally, the Association will submit important documents to the Secretary-General’s office through the Special Representative, including memorandums like the one submitted by the Sudanese Refugee Advocacy Group on December 15, 2024, regarding protection measures and opposition to forced repatriation.
The Association looks forward to collaborating with the Special Representative and strengthening its cooperation with the United Nations. It hopes these efforts will lead to successful outcomes.
Thank you,
Sadig Ali Hassan
Acting Chairperson of the Board of Trustees, Darfur Bar Association
January 3, 2024
