10 villages in North Darfur, The State adds that, a number of major roads have been re-opened in
order to facilitate the return of the refugees and the IDPs, including the Nyala-Quraidha-Bram Road,
the Nyala-Labdu Road, the Nyala-Mohajiria Road, the Nyala-Dhuain Road and the Kalbas-Eljinaina
Road.
136. The Respondent State submits that, following the signing of the Peace Agreement, a great
number of the IDPs have begun to exercise pasturing and farming activities. In this regard, the
Respondent State notes that, it has assisted in distributing agricultural inputs to the IDPs and those
affected by the war. In the same context the efforts of social reconciliation have contributed to
confidence building which, in turn, helped in the return of a high percentage of IDPs and the refugees
to their villages.
137. The State avers that it has made contributions to humanitarian programmes in Darfur in 2006, to
the tune of ($110,889,000 US Dollars) as follows:US Dollars
1.
2.
3.
4.
Food 42, 409, 000
Water 23, 015, 000
Health 36, 465, 000
Shelter 9, 000, 000
Total: 110, 889, 000
138. The Respondent State believes that “…the implementation of the Darfur Peace Agreement …
could indeed help in addressing all the humanitarian issues regarding the situation in Darfur, including
the communication under reference. As stated in our previous memorandum…, the Sudanese
government shall not be held responsible for the subject of the Communication but it will bear its
consequences by virtue of the responsibility it has towards its citizens. The Sudanese Government
shall in this regard, be enlightening the esteemed African Commission on all the developments
regarding the Communication under reference”.
African Commission’s decision on the Merits
139. The Respondent State made a general denial of the allegations and stated that due to its
geographical location, the security situation in the surrounding countries had a destablilising influence
on the domestic situation in the country.
140. The Respondent State submits that further consideration of this communication is no longer
relevant. It argues that several issues raised have been addressed by the President of the Republic.
th
The State notes that on 9 March 2004, a general amnesty was granted to combatants who
surrendered their arms, that the signing of the first peace agreement at Abeche and N’djamena, and
the Abuja May 2006 Agreement, the launching of the reconstruction of infrastructure destroyed by the
rebels to allow international aid organisations’ assistance, the return of internally displaced persons,
the creation of an independent Commission of Inquiry on the human rights violations, and the
convening of a meeting for all Darfurians to discuss the restoration of peace, have all contributed to
addressing the crisis in the Darfur.
141. The State notes 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.
142. From the above submissions, the Respondent State does not seem to be contesting the
allegations made by the Complainants. Rather the State notes that following the signing of the Darfur
Peace Agreement, measures have been put in place by the parties to the Agreement to ensure a
resolution of the crisis in Darfur, and consequently address the grievances raised in the present
communication.
143 Could it be said that by not contesting the allegations, the State has conceded to violating the
provisions cited by the Complainants, that is, Articles 4, 5, 6, 7, 9, 12 (1), 14, 16, 18 (1) and 22.