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Sudan: Leadership for Implementing the DPA
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ANALYSIS
14 July 2006
Posted to the web 14 July 2006
Alex de Waal
This is fifteenth and last in a series of articles explaining the Darfur Peace Agreement (DPA), explaining what lies behind the long and complicated text of the Agreement. As these articles have tried to explain, the text of the DPA is strong and reflects the hard work put in by the negotiators on both sides. This final article asks, what kind of leadership will be needed to implement the Agreement?
The responsibility for implementation falls first and foremost on the Government of Sudan and the SLM/A. Of these two parties, the GoS is the more powerful and capable by far and therefore shoulders the heavier duties. As Dr Magzoub al Khalifa and Minni Minawi sat opposite one another in the Presidential Villa in Abuja on the afternoon of 5 May, President Obasanjo said, "Unless the right spirit is there this document is not worth the paper it is written on."
Few Sudanese have read the DPA. Most have only learned about it from the commentaries of political pundits--many of whom have not read it themselves, but just looked into it to see if it deals with the issues that concern them. Some have looked only at page 107 and seen the two signatures of Dr Magzoub and Minni. Many Darfurians who don't support either the NCP or Minni Minawi, having failed to see the signature of a leader who they believe represents their real interests, have simply dismissed the DPA out of hand.
I urge Sudanese to read the text--and read it with explanations and commentaries to hand. Even though Abdel Wahid al Nour and Khalil Ibrahim did not sign the DPA, their negotiators had a major input into the text, especially on security and on wealth-sharing. But understanding what has been agreed in the DPA and why has little meaning, unless the Government and SLM/A are ready to implement it in the right spirit. Implementing a peace agreement requires much more than sticking to the letter of the text.
The DPA should be debated. There are ambiguities in the text and issues to be settled during the implementation. It is not a crime to criticize and oppose the DPA--it is a basic right to disagree, and it is the duty of an informed and active citizen to form an opinion on a matter of such importance. No-one can be sanctioned or imprisoned for simply opposing the DPA--the only reason for taking this kind of measure against someone is if he actively undermines it, for example by launching military attacks. Proper debate is essential. There are many shortcomings of the DPA, and they can only be identified and remedied if there is open discussion. The DPA is not a Koran or a Bible--the contents can be amended with the agreement of the signatory parties. In fact, as circumstances change, we can be sure that changes will be made. The important thing is that changes should be made by consent and that any changes should either be improvements, or they should be inescapable, in response to the pressure of events.
The more that the Sudanese people understand the spirit of the DPA, the better they will be able to call the GoS and SLM/A to account in its implementation, and the better they will be able to press for improvements.
The task of implementing the DPA will fall not only on the political parties but also on technocrats. One of the central provisions of the DPA is the Transitional Darfur Regional Authority and its various constituent organs, which are to deal with security, reconstruction, land, peace and reconciliation, etc. Paragraph 66(e) provides that, when nominating the heads of these bodies, "the Senior Assistant to the President shall consider prominent and well-respected individuals who are capable of commanding the confidence of all parties." Most Darfurians--elites and ordinary people--have confidence that impartial technocrats can do better than politicians in making peace a reality.
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Many implementation tasks will also fall on community and tribal leaders. The Darfur-Darfur Dialogue and Consultation will be a very important step in moving peace forward. The Peace and Reconciliation Council, to be set up at the DDDC, will be an opportunity for respected elders of the community to use their wisdom in settling many of the local conflicts that cannot be resolved through the DPA.
The African Union and its partners, including the UN and US, have a secondary responsibility for implementation. There is a tendency for the Sudanese parties to blame the AU when things go wrong in Darfur, but they must always be aware that the AU can only monitor and verify an agreement that the parties themselves have agreed to. A referee cannot make bad teams play a good football match--but he can spoil a good game by bad decisions and even lose control of the match.
The "referee" for the DPA is currently the AU, although the AU has asked the UN to assist and ultimately to take over the mission in Darfur. But the referee also includes international partners. Pages 107-108 of the DPA contain the signatures of 14 international guarantors, from African countries (Nigeria, Congo, Libya, Egypt), the AU, the UN, the EU, the Arab League, the U.S., U.K., Canada, Norway, France and the Netherlands. The EU provides one deputy chairman for the Ceasefire Commission, a range of international partners are on the Joint Commission, and a neutral country or international organization is slated to provide the Security Advisory Team (it should be chosen soon). All of these comprise the international implementation team.
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