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Sudan Tribune

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Text of the UN-SG New Draft Resolution on Darfur

NEW YORK, July 23, 2004 (Sudan Tribune) – Following the full text of the new US-sponsored draft resolution that threatens sanctions on Sudan.

The draft said the Sudanese government must bring to justice leaders of the Janjaweed militias who have carried out atrocities in Darfur or face the threat of unspecified sanctions within 30 days.

The resolution would also impose an immediate arms embargo on Darfur, an enormous area in western Sudan where more than 10,000 people have died and more than a million have been displaced in over a year of conflict.

The Security Council

– Recalling its Presidential Statement of 25 May 2004 and its resolution 1547 of 11 June 2004 and its resolution
1502 of 26 August 2003 on the access of humanitarian workers to populations in need;

– Welcoming the Joint Communique issued by the Government of Sudan and the Secretary General of the United Nations on 3 July 2004, including the creation of the Joint Implementation Mechanism;

– Taking note of the Report of the Secretary-General on Sudan issued 3 June 2004;

– Reiterating its grave concern at the ongoing humanitarian and human rights crises, including continued attacks on civilians that are placing the lives of hundreds of thousands at risk;

– Condemning all acts of violence and violations of human rights and international humanitarian law by all parties to the crisis, including indiscriminate attacks on civilians, rapes, forced displacements, and acts of violence with an ethnic dimension, and expressing its utmost concern at the consequences of the conflict in Darfur on the civilian
population, including women, children, internally displaced persons, and refugees;

– Recalling in this regard that the Sudanese government bears the primary responsibility for preventing violations of human rights and international humanitarian law within its territory;

– Recalling also in this regard its resolutions 1325 (2000) on women, peace and security, 1379 (2001), 1460 (2003), and 1539 (2004) on children in armed conflict, and 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflict;

– Urging all the parties to take the necessary steps to prevent and put an
end to violations of human rights and
international humanitarian law and underlining that there will be no impunity for violators;

– Noting with grave concern that up to 200,000 refugees have fled to the neighboring State of Chad, which constitutes a serious burden upon that country, and expressing grave concern about reports that Janjaweed militias of the Darfur region of Sudan have repeatedly made unauthorized border crossings into Chad;

– Stressing that any return of refugees and displaced persons to their homes must take place voluntarily with adequate assistance and with sufficient security;

– Expressing concern at reports of violations of the Ceasefire Agreement signed in N’Djamena on 8 April 2004, and reiterating that all parties to the ceasefire must comply with all of the terms contained therein;

– Noting the decision of the Government of Sudan to mobilize the armed forces of Sudan to disarm the Janjaweed militias;

– Welcoming the commitment by the Government of Sudan to investigate the atrocities and prosecute those responsible;

– Welcoming the donor consultation held in Geneva in June 2004 as well as subsequent briefings highlighting urgent humanitarian needs in Sudan and Chad and reminding donors of the need to fulfill commitments that have been made;

– Welcoming the efforts of the United Nations to combat genocide and ethnic cleansing through the appointment of a Special Advisor to the Secretary General on the Prevention of Genocide;

– Recalling that over 1 million persons are in need of urgent humanitarian assistance, that with the onset of the rainy season the provision of
assistance has become increasingly difficult, and that without urgent action the lives of hundreds of thousands of persons will be at risk;

– Expressing its determination to do everything possible to halt a humanitarian catastrophe, including by taking further action if required;

– Determining that the situation in Sudan constitutes a threat to international peace and security and to stability in the region;

– Acting under Chapter VII of the Charter of the United Nations,

1. Calls on the Government of Sudan to fulfill immediately all of the
commitments it made in the 3 July 2004 Communique, including by facilitating international relief for the humanitarian disaster, including a moratorium on all restrictions that might hinder the provision of humanitarian assistance
and access to the effected populations, by advancing independent investigation in cooperation with the United Nations of violations of human rights and international humanitarian law, by the establishment of credible security
conditions for the protection of the civilian population and humanitarian actors, and by the resumption of political talks with dissident groups from the Darfur region, specifically the Justice and Equality Movement (JEM) and
the Sudan Liberation Movement and Sudan Liberation Army (SLM/A)on Darfur;

2. Endorses the deployment of international monitors, including the protection force envisioned by the African Union, to the Darfur region of Sudan under the leadership of the African Union, welcomes the progress made
in deploying monitors, including the offers by Nigeria and Rwanda to provide forces, and stresses the need for the Government of Sudan and all involved parties to facilitate the work of the monitors in accordance with the N’Djamena ceasefire agreement and with the Addis Ababa agreement of 28
May 2004 on the modalities of establishing an observer mission to monitor the cease fire;

3. Urges member states to reinforce the international monitoring team, led
by the African Union, including the protection force, by providing
personnel and other assistance including financing, supplies, transport,
vehicles, command support, communications and leadership as needed for the
monitoring operation, and welcomes the contributions already made by the
European Union and the United States to support the African Union led
operation;

4. Welcomes the work done by the High Commissioner for Human Rights to send
human rights observers to Sudan and calls upon the Sudanese government to
cooperate with the High Commissioner in the deployment of those observers

5. Asks the Secretary-General to activate inter-agency humanitarian
mechanisms to consider what additional measures
may be needed to avoid a humanitarian catastrophe;

6. Urges the parties to the N’Djamena Ceasefire Agreement of 8 April 2004
to conclude a political agreement without delay, notes with regret the failure of senior rebel leaders to participate in the July 15 talks in Addis Ababa, Ethiopia as unhelpful to the process and calls for renewed talks under the sponsorship of the African Union, and its chief mediator Hamid Algabid, to reach a political solution to the tensions in Darfur and strongly urges rebel groups to respect the ceasefire, end the violence immediately, and act in a positive and constructive manner to resolve the
conflict;

7. Demands that the Government of Sudan apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out human rights and international humanitarian law violations and other atrocities, and
further requests the Secretary General to report in 30 days, and monthly thereafter, to the Council on the progress or lack thereof by the Government of Sudan on this matter and expresses its intention to consider
further actions, including the imposition of sanctions on the Government of Sudan, in the event of non-compliance;

8. Decides that all states shall take the necessary measures to prevent the sale or supply, to all non-governmental entities and individuals, including the Janjaweed, operating in the states of North Darfur, South Darfur and West Darfur, by their nationals or from their territories or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, whether or
not originating in their territories;

9. Decides that all states shall take the necessary measures to prevent any provision to the armed groups identified in paragraph 7 operating in the states of North Darfur, South Darfur and West Darfur by their nationals or from their territories of technical training or assistance related to the provision, manufacture, maintenance or use of the items listed in paragraph
8 above;

10. Reiterates its support for the Naivasha Agreement signed by the
Government of Sudan and the Sudan People’s Liberation Movement, and looks
forward to effective implementation of the agreement and a peaceful,
unified Sudan working in harmony with all other States for the development
of Sudan, and calls on the international community to be prepared for
constant engagement including necessary funding in support of peace in
Sudan;

11. Urges the international community to make available generous assistance to mitigate the humanitarian catastrophe now unfolding in the Darfur region and reminds member states to honor pledges that have been made against needs in Darfur and Chad;

12. Encourages the Secretary General’s Special Representative for the Sudan
and the independent expert of the Commission on Human Rights to work
closely with the Government of Sudan in its investigations of violations of
human
rights and international humanitarian law in the Darfur region;

13. Extends the special political mission set out in resolution 1547 for an
additional 90 days to December 21, 2004 and requests the Secretary General
to incorporate into the mission contingency planning for the Darfur region;

14. Decides to remain seized of the matter.

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