بسم الله الرحمن الرحيم
حركة العدل و المساواة السودانية
Justice & Equality Movement Sudan (JEM)
Requirements for a Robust Process in Doha
1- Clear Procedures & a Defined Roadmap
The Mediation is in need of a clear agreed upon methodology and procedures to manage the talks efficiently. These include a system of communication with the parties to obtain their negotiating positions, their responses to the proposals of the Mediation and those of the opposite party. The Mediation must also evolve a clear way for running of plenaries and open cessions where the parties present their respective positions and arguments in the presence of the facilitators and the regional and international observers, in addition to the technical teams that furnish the parties with specialized advice. The Mediation must also conceive a clearly defined roadmap that helps the parties and the Mediation to navigate smoothly towards a comprehensive, just and sustainable peace agreement. However, such a roadmap, should not be dictated by one party or be linked to the timelines of a separate agreement.
2- Parallel Talks are not Acceptable
JEM has previously presented – in writing – to the Joint Mediation, its reasons for refusing to take part in parallel talks in the same venue and under the auspices of the same mediation. The Movement has not changed its position and continues to see these parallel talks as incongruent with its goal of attaining full rights of the people it represents and the cause it has been working for. However, by taking this position, the Movement neither intends to marginalize other stakeholders nor stands against the Government talking to other parties. On the contrary, the Movement has made several initiatives and offered numerous options with the aim of attaining unity, forming a broad and inclusive coalition and working out a single negotiating team with a common position. In this respect, the Movement has good news for the Joint Mediation. We hope to unveil our unification of several resistance groups under one umbrella and make the current dilemma of parallel talks redundant. This will also help realise an important condition for JEM: to conclude an agreement that is limited to two signatories who will remain committed and accountable to what they have singed and in accordance with rigidly defined sequence and time schedule.
The Movement is not at all after a “visitor’s book” that every willing party can sign and claim its ownership. Such an exercise will not end the conflict and bring enduring peace to the region.
3- A Wider Mandate
JEM is a national movement that has presence in all regions of Sudan with special emphasis in Darfur and Kordofan. Only a comprehensive agreement that addresses the root cause of current and/or future conflicts in the different regions of the country can bring about a lasting peace. With its current mandate that is confined to Darfur, the Mediation will not be in a position to address the true causes of the conflict, let away device a solution to it. As a testimony to that, the report of the AU High Panel headed by Ex-President Thabo Mbeki has correctly defined the conflict and called it “The Conflict of Sudan in Darfur”. The Panel made it clear that the problems of Sudan stem from the way the Centre has mismanaged the country, and that the conflict in Darfur could not be properly addressed without addressing its underpinnings in the Centre. The factors that led to all the civil wars and conflicts in Sudan are the same in essence and will continue threatening stability of the country if they are not addressed. The Mediation must understand this fundamental fact if it is to work for a sustainable and comprehensive peace agreement.
4- Distinction Between Mediation and Hosting
By asking for separation between roles of Qatar as a Mediator and a host country, we do not intend to ask Qatar to distance itself from the Mediation. The role of Qatar is pivotal in these talks and no body will benefit if Qatar is to be sidelined. However, we want Qatar to assume its role as a neutral judge and relate to the two parities on equal footing. We expect Qatar to conduct and issue its verdicts independent of what regional and international players say about the conflicting parties. Above all, we want Qatar to judge us by our words and deeds and not in accordance with views of others, including the government of Sudan.
5- Experts & Resource Persons are Needed
The issues of this conflict are intricate, and expert opinion is indispensible in tackling them. The parties need expert advice as well as lawyers specialised in drafting agreements in order to prevent future complications that may arise as a result of unprofessional phrasing of the agreement. Therefore, the Movement asks the Mediation to avail to the parties and the venue enough experts and resource persons and accord this issue its due importance.
6- The Presence of Regional & International Community
The presence of the neighbouring countries such as Egypt, Libya, Chad and Eritrea in capacity of facilitators in the venue might contribute positively in reaching a durable peace agreement. The international community led by the permanent members of UNSC, EU and the donor countries, which provided lifeline for our people in the IDP and refugee camps for the last eight years, and on whom we much count on the peace building and reconstruction phase, should play a defined role in the talks. The weight of the international community in encouraging/ pressing the parties towards conclusion of a peace agreement should not be underestimated. However, unity of the regional and international community is crucial for their successful involvement in the process. Members of the international community must devise a forum that enables them to work in harmony with the Mediation and avoid temptation on sending signals that reflect their individual interests and prejudices.
7- Parties to the Conflict
The Mediation is required to have adequate conflict mapping and a meaningful definition of the parties to the conflict. It should not confuse primary for secondary stakeholders. Civil societies representing sectors of the community can be consulted, but not brought to the negotiating table. Flooding the venue with large number of participants, many of whom do not even know why they are there is counterproductive.
8- Implementation Mechanisms
Agreements that have been reached after tedious and complex negotiations will have no value if there are no mechanisms to guarantee their implementation. Lack of such mechanisms has been the main reason behind failure of previous agreements signed at the same venue of Doha. The venue must create mechanisms to oversee implementation of future agreements and review failures to carryout clauses in previously -signed accords and in particular in relation to the humanitarian situation in Darfur, release of political prisoners and exchange of war prisoners.
9- Impartiality of the Mediation & Host Country
Impartiality is a paramount element in mediation. The Host country and the Mediation should not favour one party at the expense of the other. The Mediation must take note of its mistakes and lack of impartiality that had led to freezing of participation of JEM in the venue. These are: refusal of the Mediation to invite civil societies nominated by JEM while acting with incredible speed to fly in those suggested by GoS; creation of new body at the venue and giving it special privileges to negotiate separately while sidelining JEM despite its records on the ground; rejection of the standard protocol on ceasefire drafted by specialised legal firm submitted by JEM while opting for a poorly drafted document presented by the Mediation and; refusal of the Mediation to sanction GoS for vacating the venue in the pretext of taking part in elections.
10- Free Movement & Safe Passage
Last but not least, the Mediation, in collaboration with the State of Qatar, is required to guarantee free movement and safe passage of leaders of the resistance groups between military and political bases and constituencies and the venue of negotiations. Otherwise, no sane leader will risk sending his military and political leaders into an effective exile venue. Furthermore, the extremely ill treatment that Chairman of JEM received at Ndjamena airport last May had ruined trust the Movement had in the UN, the regional organization and the Mediation. It is time to restore that trust, if we are to move forward.
Mohamed Bahar Ali Hamadain
Secretary for Kordufan Deputy Chairman
13 Nov 2010
Doha