Assembly/AU/4(XII)
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43.
In Southern Sudan, efforts continued to be made towards the
implementation of the Comprehensive Peace Agreement (CPA), building on the
progress already made thanks to the cooperation between the two parties to the
CPA. Among others, mention should be made of the enactment of the National
Elections Act by the National Assembly on 7 July 2008, and the subsequent
establishment by presidential decree of the National Electoral Commission (NEC),
on 29 November 2008, as part of the preparation for the national elections scheduled
to take place in 2009. Progress has also been made with regard to the
implementation of the Abyei Roadmap of 8 June 2008. The parties agreed to refer
their dispute over the Abyei permanent boundaries to "final and binding arbitration
under the Permanent Court of Arbitration Optional Rules", which is expected to issue
its final decision by June 2009. Finally, the Technical Ad hoc Border Committee
established by the Presidency to demarcate precisely the 1/1/1956 North/South
borderline is making sustained efforts to have this exercise completed as early as
possible.
44.
While the CPA implementation process has made significant strides, it is also
evident that many challenges still lie ahead. These relate, among others, to the
completion of the preparations for the conduct of the 2009 election and the 2011
referendum, the crucial issue of reconstruction and development in the South,
national reconciliation and DDR.
45.
During the period under review, efforts have continued to be made to relaunch the political process in Darfur. On 1 July 2008, the United Nations SecretaryGeneral and the Chairperson of the Commission, jointly, announced the appointment
of Djibrill Yipèné Bassolé, former Minister of Foreign Affairs of Burkina Faso, as the
AU-UN Joint Chief Mediator for Darfur, in El Fasher. The Joint Chief Mediator took
up his appointment on 1 August 2008, and has, since, undertaken extensive
consultations with the Sudanese stakeholders. Other efforts to re-launch the political
process include the establishment of a Ministerial Committee on Darfur under the
joint chairmanship of the Prime Minister and Minister of Foreign Affairs of the State
of Qatar, Sheikh Hamad bin Jassim bin Jabr Al Thani, the Secretary-General of the
League of Arab States, Mr. Amre Moussa, and the Chairperson of the Commission,
Jean Ping. It is also worth noting the convening, in October 2008, of the Sudan
People’s Forum (SPF) which was launched by President Omar Hassan Al-Bashir.
The SPF was attended by senior leaders of most of Sudan’s main political parties
and included numerous representatives from Darfur, although not from the nonsignatory armed movements. The outcome document of the meeting addresses the
main elements of the conflict as a basis for further negotiations.
46.
Another major development during the reporting period relates to the
announcement, on 14 July 2008, by the Prosecutor of the International Criminal
Court (ICC) of his application for a warrant of arrest to be issued against President
Al-Bashir. Meeting on 21st July 2008, the PSC requested the UN Security Council, in
accordance with the provisions of Article 16 of the Rome Statute of the ICC, to defer
the process initiated by the ICC, taking into account the need to ensure that the
ongoing peace efforts are not jeopardized, as well as the fact that, in the current
circumstances, a prosecution may not be in the interest of justice and the victims.
While in its resolution 1828(2008) of 31 July 2008, the Security Council took note of
the PSC communiqué, having in mind concerns raised by some of its members
regarding potential developments subsequent to the application by the ICC