Respondent State’s submissions on the merits
127. The Respondent State avers that it is addressing the alleged human rights violations through
th
the framework of implementation of the Darfur Peace Agreement (DPA) adopted on 5 May 2006,
containing a number of remedies on the situation in Darfur, including addressing the content of the
present Communication. As a result of the Agreement, the Respondent State indicates that, it has
taken a number of measures to implement the DPA and at the same time deal with the issues raised
by the Complainant.
128. The Respondent State submits that following the signing of the Peace Agreement with the Major
Armed Movements in Darfur, the signatory partners began to implement all the components of the
Agreement (that is, power sharing, wealth sharing, the security arrangements, and the Darfur/Darfur
Dialogue). Consequently, Presidential and States decrees and decisions to establish Commissions,
development funds, appointing their heads and members, were issued in accordance with the
provisions of the Darfur Peace Agreement.
129. The Respondent State submits further that, all the major organs stipulated in the Agreement
were duly established, notably the Darfur Interim Authority. These organs have since begun to
discharge their duties, since April 2007. In addition, the Respondent State argues that the official
positions allocated to Darfurians in all the Organs, Commissions and Committees to a large extent
have been occupied by them. The State added that a total of 87 posts have been filled and 16 posts,
at lower levels, are yet to be filled.
130. The Respondent State further indicates that with regard to the core aspect of wealth sharing,
specialized mechanisms and committees, such as the Darfur Fund for Re-construction and
Development and the Compensation Fund for the War Victims, as well as the Rehabilitation
Commission have been formed.
131. Regarding the establishment of the Darfur Joint Assessment Mission (DJAM) responsible for
defining the development needs and services in Darfur, comprising the Government and the
Movements representatives’, donors and specialized International Agencies), the State submits that
Committees have conducted land surveys in Darfur with a view to defining the needs, adding that the
process of data analysis and statistics in preparation for the anticipated International Conference on
Development and Re-construction of Darfur sponsored by Holland, is also being undertaken.
132. With respect to the security and military arrangements, the Respondent State submits that work
was underway in earnest involving the Government and the Movements, as well as the AU Mission to
consolidate the cease fire to which the concerned parties are committed, as well as to make the other
security arrangements, notably the specification of military positions, re-integration and demobilisation
work. The Respondent State added that it has presented disarmament plan regarding the
Janjaweed/Militias to the African Union in July 2006. The Respondent State added that a Joint
Committee formed by the African Union and the Government was assigned to look into the
implementation of the plan in accordance with the provision of the Darfur Peace Agreement.
133. The Respondent State submits further that the commitment of the parties to the Darfur Peace
and Cease-fire Agreement has brought about a considerable improvement in the security situation,
adding that the State of insecurity has now been confined to some pockets of North Darfur (only 6
localities in North Darfur out of a total of 34 localities which make up the three States of Darfur).
134. The Respondent State argues that it has improved the humanitarian situation and facilitated the
flow of relief aid to internally displaced persons. Its fast track policy adopted in 2004, aims at removing
all the administrative and procedural restrictions to the flow of relief. As such the level of coverage of
relief supplies is 98% access by the needy leaving a balance of (2%) which was not covered due to
insecurity in certain localities of North Darfur.
135. With respect to the voluntary repatriation of the refugees, the Respondent State indicates that it
has embarked on the rehabilitation of a great number of the villages in Darfur by providing basic
services such as water, health, education and housing, aimed at encouraging the return of internally
displaced persons, (hereinafter, IDPs) and refugees to their villages and cities. Such efforts have
resulted in the return of more than 100,000 IDPs and refugees to their villages in the 3 States of
Darfur. The number includes returnees to 70 villages, in West Darfur, 22 villages in South Darfur and