VZCZCXRO5304
PP RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUCNDT #1158/01 3581701
ZNR UUUUU ZZH
P 241701Z DEC 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 7918
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 03 USUN NEW YORK 001158 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KPKO SU AF
SUBJECT: SECURITY COUNCIL RESPONDS TO AU REPORT ON DARFUR, 
URGES CPA IMPLEMENTATION 
 
 ¶1.   (SBU) Summary.  In a December 21 briefing on the Report 
of the African Union High-level Panel on Darfur, Secretary 
General Ban praised the Panel's work and called for 
continuing efforts to encourage both the Government of Sudan 
(GOS) and rebel movements to embrace the peace process. 
African Union (AU) Commission Chairperson Ping urged 
international support for the Report's recommendations and AU 
Chairperson Mbeki emphasized that broad consensus exists in 
Darfur among the needed steps to achieve of peace, justice 
and reconciliation.  All delegations expressed support for 
the Darfur peace process, including the efforts of Joint 
Chief Mediator Bassole, and reiterated support for UNMIS and 
UNAMID.  Most also welcomed the Report of the AU's High Level 
Panel on Darfur.  All delegations highlighted the critical 
importance of both the 2010 elections and the 2011 referenda, 
and urged Sudan to maintain peace and stability before, 
during and after the votes.  End Summary. 
 
¶2.  (SBU) In a December 21 briefing to the Security Council 
on the Report of the African Union High-level Panel on 
Darfur, United Nations Secretary General Ban Ki-moon called 
for continuing efforts to encourage the Government of Sudan 
(GOS) and rebel movements to make concessions and embrace the 
consensus being built by UN-AU Chief Mediator Djibril 
Bassole.  Ban was complimentary of the Panel's report, 
stating that panel members have, "clearly articulated the 
links between the crisis in Darfur and broader efforts to 
implement the Comprehensive Peace Agreement (CPA)."  He 
stressed that "it will be the Sudanese people who solve 
Sudan's problems," but added that by working together, the 
United Nations and the African Union can provide critical 
assistance on the "difficult journey towards lasting peace 
and prosperity."  Ban called for continuing support for Mr. 
Bassole and underscored the importance of upcoming elections, 
stressing that the parties must engage in genuine cooperation 
following the vote, regardless of the outcome. 
 
¶3.  (SBU) Chairperson of the African Union Commission Jean 
Ping urged international support for the High-level Panel's 
recommendations, as well as for an implementation process in 
the spirit of peace, justice, security and reconciliation of 
Sudan.  He explained that the High-Level Panel worked for six 
months, including more than 40 days in both 
Government-controlled and opposition-controlled areas in 
Darfur, to arrive at their "comprehensive approach".  Ping 
stated that the African Union Peace and Security Council had 
asked him to establish a high-level panel to facilitate 
implementation of the report's recommendations and help the 
Sudanese parties implement the CPA and other processes.  This 
panel will be composed of former Presidents Thabo Mbeki, 
Pierre Buyoya and Abdulsalami Abubakar.  Ping stated that 
Sudan is on the eve of two major events, the results of which 
cannot be underestimated:  the April 2010 general elections, 
which will mark an important step in Sudan's democratic 
transformation, and the January 2011 self-determination 
referenda, which will allow the population of southern Sudan 
to determine its future.  Ping underscored that these events 
will have "considerable consequences for Sudan and the rest 
of Africa." 
 
¶4.  (SBU) Chairperson of the African Union's High-level Panel 
on Darfur Thabo Mbeki emphasized that the Panel consulted 
with Sudanese stakeholders in producing its report, and that 
there is broad consensus among them about what must be done 
to rapidly achieve peace, justice and reconciliation.  The 
Panel attached great importance to concluding Darfur 
negotiations before the general elections to avoid 
marginalizing Darfur's people.  Mbeki stated that the Panel 
will encourage the parties both in Darfur and the rest of 
Sudan to respond expeditiously to the Chief Mediator's 
initiatives.  Due to the long-standing concentration of power 
and wealth in Khartoum, it is "self-evident" that 
restructuring Sudan as a whole is critical in order to build 
a "new Sudan."  Mbeki called for international support for 
the Sudanese people, including by encouraging political 
parties to create a climate for free and fair elections. 
Mbeki pointed to the continuing challenge of implementing the 
CPA agreement and urged the GOS to work on reducing tensions. 
 Once a comprehensive political agreement is in place, the 
Security Council should ensure that UNAMID has the necessary 
capacity to take on additional tasks.  Mbeki expressed 
concern about the short time frame to resolve the Darfur 
conflict and called for the challenges in Sudan to be 
addressed simultaneously and urgently. 
 
¶5. (SBU)  In a closed debate following the briefing, 
Ambassador DiCarlo outlined the three goals being pursued by 
the U.S. in Sudan - first, ending the conflict, including 
gross human rights abuses and genocide in Darfur; second, 
implementing the CPA; and third, ensuring Sudan does not 
 
USUN NEW Y 00001158  002 OF 003 
 
 
provide a terrorist safe haven.  Highlighting UNAMID's 
importance in protecting civilians, DiCarlo called on 
troop-contributing countries and other UN member states to 
provide forces and assets, and reiterated U.S. support for 
strengthening UNAMID's civilian component.  DiCarlo 
emphasized U.S. support for Joint Chief Mediator Bassole, and 
stated that a comprehensive political solution is the best 
way to end Darfur's marginalization and provide it with a 
voice in Sudan's political process.  The international 
community should continue to push for full CPA 
implementation, including demarcation of the North-South 
border, implementation of the Permanent Court of Arbitration 
decision on Abyei and implementation of resource-sharing 
arrangements.  Calling elections an "important milestone in 
the implementation of the CPA," DiCarlo urged sufficient 
security to permit safe voting, as well as respect for civil 
liberties, including freedom of expression. 
 
¶6.  (SBU)  All delegations expressed support for the Darfur 
peace process, including the efforts of Joint Chief Mediator 
Bassole, and reiterated support for UNMIS and UNAMID.  Most 
welcomed the Report of the AU's High Level Panel on Darfur, 
in particular Mbeki's efforts to address Sudan's long-term 
challenges.  Uganda stated that the Panel's "holistic and 
comprehensive" recommendations provide a sound framework for 
building durable peace in Sudan," while noting that they must 
be implemented in an expeditious manner.  Austria commended 
the Panel for this "thorough and well-balanced report," and 
urged the GOS to consider the report's recommendations for 
justice and reconciliation.  Croatia praised the 
"well-defined" steps in the Panel's report and said that they 
provide valuable guidance for joint AU-UN missions.  Libya 
stated that the report provides a "solid foundation" for 
positive discussions towards peace and emphasized that the 
implementation of the CPA is at a "critical juncture" with 
the approaching elections and tribal conflicts erupting in 
the South.  China emphasized its support of the AU and 
expressed hope that the report's recommendations be 
considered.  While expressing hope that the report will 
contribute to the peace process, Japan was cautious, stating 
that some of the recommendations "require more detailed 
examination."  Additionally, all delegations addressed the 
importance of the upcoming 2010 general elections and the 
2011 referenda.  France called these events, "a crucial 
phrase in the history of Sudan," and urged the international 
community to help support Sudan maintain peace and stability 
in the lead up to elections.  The United Kingdom focused on 
the challenges facing Sudan over the next 18 months, pointing 
to the critical importance of the elections and referenda. 
 
Darfur Peace Process 
-------------------- 
 
¶7.  (SBU)   France urged rapid advancement of the peace 
process to ensure Darfur's participation in 2010 elections 
and help alleviate the humanitarian crisis. Russia focused on 
the renewal of negotiations and underscored the importance of 
making, "a unified Sudan an attractive option."  China said 
that advancing the peace process is a top priority, stating 
that Sudan is making "steady headway" while facing challenges 
and uncertainties.  Mexico encouraged a comprehensive 
approach, emphasizing three fundamental aspects - peace, 
justice and reconciliation.  Mexico further stressed that the 
United Nations, UNAMID and Chief Mediator Bassole be closely 
involved with any new AU efforts towards peace, and 
underscored that buy-in from political parties will be 
critical for any new process.  Croatia also focused on a 
comprehensive peace process, stating that parties should 
"disengage militarily and reengage politically."  Libya said 
the International Community should provide a suitable 
atmosphere and climate for the peace process by "respecting 
Sudan's sovereignty and unity."  Libya also addressed the 
importance of national development projects to increase 
living standards in Darfur and in southern Sudan. 
 
Council Addresses Impunity 
--------------------------- 
 
¶8.  (SBU) Impunity was also highlighted by several 
delegations, including Burkina Faso, Costa Rica, Croatia, 
France, Mexico, Japan, Uganda and Vietnam.  France stated 
that there can be no peace and stability in Darfur without 
justice and an end to impunity, and recalled Sudan's 
obligation to cooperate with the International Criminal Court 
as expressed in UNSCR 1593.  Croatia called for strengthening 
Sudan's national justice system while urging the maintenance 
of the ICC's judicial mandate.  Libya, however, stated that 
the ICC's call to arrest President Bashir will "derail 
prospects for peace" in Sudan and negatively impact the Doha 
agreement.  Uganda focused on its support of a hybrid court 
 
USUN NEW Y 00001158  003 OF 003 
 
 
as well as an investigative body to assist both victims of 
crime and human rights abuses.  Austria also expressed 
support for a hybrid court, but only for the most serious 
crimes.  Mexico, however, urged caution, stating that the use 
of hybrid tribunals should be analyzed with care, as they 
should not be used as a justification for lack of compliance 
with international obligations under UNSCR 1593.  Costa Rica 
called for support for a new judicial institution to handle 
crimes of sexual violence and called for an end to immunity 
for public officials in Sudan. 
 
¶9.  (U) At the close of consultations, Council Members agreed 
to issue the following press statement on Darfur.  Begin 
statement: 
 
The members of the Security Council received a briefing from 
former President Thabo Mbeki and AU Commission Chairperson 
Jean Ping on 21 December on the report and recommendations of 
the AU High Level Implementation Panel on Darfur, and 
subsequent decisions of the AU Peace and Security Council. 
 
The members of the Security Council welcomed the report and 
underlined their appreciation for the balanced and 
comprehensive nature of the recommendations to promote peace, 
justice and reconciliation in Darfur and Sudan as a whole. 
They looked forward to the implementation of a holistic 
approach to the problems facing Sudan and supported efforts 
aimed at the peaceful and democratic transformation of Sudan 
in line with the provisions of the Comprehensive Peace 
Agreement. 
 
The members of the Security Council agreed with the report 
that the causes and consequences of the conflict in Darfur 
have yet to be addressed.  They reiterated their support for 
UNMIS and UNAMID, and for the work of the UN-AU Joint Chief 
Mediator Djibril Bassole to promote a lasting political 
settlement for Darfur.  They reiterated their call for all 
parties that have not yet done so to fully commit to, and 
participate in, peace talks. 
 
The members of the Security Council called for the Government 
of Sudan and other parties in Sudan and the region to work 
with President Mbeki and his colleagues in coordination with 
the international community as appropriate.  End Statement. 
 
RICE