COUNCIL OF THE EUROPEAN UNION. Brussels, 29 September /06 PE 302 PESC 915 COAFR 202 ACP 150

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COUNCIL OF THE EUROPEAN UNION Brussels, 29 September 2006 13429/06 PE 302 PESC 915 COAFR 202 ACP 150 NOTE from : General Secretariat to : Delegations Subject : Plenary session of the European Parliament, Strasbourg, 27 September 2006: Council and Commission statements - Situation in Darfur In the presence of Mrs LEHTOMÄKI, President of the Council, and Mr FRATTINI, Member of the European Commission Mrs LEHTOMÄKI, President of the Council, reassured members that the question of Darfur figured high on the agenda of the Finnish Presidency and would be raised by the Presidency at all possible fora. The President of the Council pointed out a recent deterioration of the security and humanitarian situation in Darfur, seriously impeding the implementation of the Darfur Peace Agreement (DPA). Mrs LEHTOMÄKI underlined that the adherence of the non-signatories to the DPA was an essential condition for the improvement of the security situation in Darfur as well as for the stability of the wider region. Mrs LEHTOMÄKI reiterated the EU's full support for the African Union Mission in Sudan (AMIS), while noting that in the present situation the deployment of a UN peacekeeping mission building on the results achieved by the AMIS mission offered the only realistic solution. In this regard, Mrs LEHTOMÄKI referred to UN Security Council Resolution 1706 expanding the mandate of the UN Mission in Sudan (UNMIS) to be deployed in Darfur and expressed the EU's concern at the Sudanese government's unreadiness to give its consent to the UN-led operation. 13429/06 CF/ns 1

The President of the Council welcomed the extension of the mandate of the AMIS mission until the end of this year, permitting a transition from the AMIS to the UN operation in order to prevent a security vacuum in the conflict zone. Mr FRATTINI, on behalf of the European Commission, said that the situation in Darfur reached a critical moment: in addition to the incessant humanitarian tragedy, the risk of a widespread war, threatening the entire region, was imminent. The Commissioner joined the Council in welcoming the extension of the AMIS mission's mandate until the end of 2006 and underlined the need to persuade the Khartoum government to accept a UN peacekeeping operation, as provided for in UN SC Resolution 1706. Mr FRATTINI pointed out that this transfer would be essential in establishing confidence between the parties to the conflict and in persuading the non-signatories to sign the Darfur Peace Agreement. He underlined that radicalisation and the aggravation of violence between the rebels and the Khartoum government were self-defeating and did not provide an alternative to genuine dialogue. He informed Members that President Barroso and Commissioner Michel would soon visit Khartoum with the objective of advancing the transition process from the African Union to the Untied Nations and to re-launch the Abuja peace process. In the debate that followed, Members of the Parliament were united in their assessment of a grave security and humanitarian situation in Darfur. Certain Members declared that the human rights violations amounted to genocide and denounced the complicity of the international community and its impotence to react to the situation. On behalf of the PPE-DE Group, Mr GAHLER (PPE-DE, DE) advocated an early implementation of Security Council Resolution 1706, believing that the extension of the African Union's mandate would remain a second-best solution after that of the deployment of a UN operation. With reference to the joint statement of 9 September 2006 by the European Union and China at the Ninth EU- China Summit, he called upon China in particular to exert more pressure on the Sudanese government to allow the deployment of the United Nations operation in Darfur. 13429/06 CF/ns 2

Mrs KINNOCK (PSE, UK), for the PSE Group, criticised the Council's and Commission's inability to hold the Sudanese government to account, to impose a no-fly zone around Darfur and to create the necessary conditions for the implementation of Security Council Resolution 1706. Mrs DE SARNEZ (ALDE, FR), for the ALDE Group, reminded the European Union of its humanitarian, political and moral obligation to impose peace in Darfur so that international aid could reach those in need. Mrs AUBERT (Verts/ALE, FR), for the Greens Group, recommended three priorities for the European Union: humanitarian access to refugees, the fight against impunity and the deployment of a UN force in Darfur. He also pointed to the responsibility of China and Russia, as permanent members of the UN Security Council in the resolution of the Darfur conflict. Mrs GOMES (PSE, PT) and Mr BEGLITIS (PSE, EL) were of the view that isolation of Sudan by China, Russia and particularly by the Arab League could put pressure on the government to agree to the deployment of the UN mission. Mrs HYBASKOVA (PPE-DE, CZ) and Mr MAURO (PPE-DE, IT) denounced the brutal "arabisation" strategy led by the Sudanese government in the Darfur region. Several individual speakers among those Mr COVEY (PPE-DE, IE) pressed for a Chapter VII military enforcement action in Darfur. Mrs BEER (Verts/ALE) also called for military intervention, which she considered legitimate in the failed state of Sudan for the protection of human security. In her response to Members, Mrs LEHTOMÄKI emphasised that the Council did not remain indifferent in the facet of the degrading humanitarian and security situation in Darfur. The European Union would continue to use all its diplomatic channels to forge international support for the implementation of UN Security Council Resolution 1706. She also pointed out the efforts of the EU Special Representative in securing the support of the Darfur Peace Agreement of all actors to the conflict. 13429/06 CF/ns 3

Mr FRATTINI, for the Commission, agreed with Members that the grave violations of human rights in Darfur amounted to genocide. Nevertheless, he advised against imposing unilaterally e.g. by military means the EU's values and norms in Sudan, which would risk breeding more fundamentalism in the country. He believed that the European Union should rather work closely together with the Arab League as well as the African Union in finding a diplomatic solution to the conflict. The resolution adopted by the European Parliament is annexed to this note. 13429/06 CF/ns 4

ANNEX P6_TA-PROV(2006)0387 The situation in Darfur European Parliament resolution on the situation in Darfur The European Parliament, having regard to its previous resolutions on the situation in Sudan and Darfur in particular, having regard to relevant UN Security Council Resolutions, and in particular UN Security Council Resolution 1706 of 31 August 2006, having regard to the African Union (AU) decision of April 2004 to establish the African Mission in Sudan (AMIS), having regard to the Global Day for Darfur, 17 September 2006, having regard to the Darfur Peace Agreement signed in Abuja, Nigeria, on 5 May 2006, having regard to Rule 103(4) of its Rules of Procedure, A. whereas the Darfur region conflict between government forces, pro-government militias and rebels has led to over 200 000 casualties and over 2 million internally displaced persons and refugees over the past three years, despite the signing of a Darfur Peace Agreement (DPA) on 5 May 2006, B. whereas the DPA remains the basis for stability, peace and reconciliation in Darfur, despite the statement by UN Special Representative Jan Pronk that the Agreement 'is nearly dead', C. whereas, according to UN Emergency Relief Coordinator Jan Egeland, the humanitarian and security situation in Darfur is at its worst since 2004 and humanitarian access continues to deteriorate, to the extent that some areas of Darfur are now complete no-go zones for humanitarian workers, which means that thousands of Darfur people have no access to aid, D. whereas the ceasefire in the region continues to be violated by all parties, with violence often directed against the civilian population, and whereas the recent military build-up in Darfur and the reinforcement of the government forces in the region have resulted in renewed fighting in areas of North Darfur, E. whereas the UN 'Responsibility to Protect' provides that, where 'national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity,' the UN Security Council can agree to a Chapter VII military force, F. whereas the UN Security Council, in its Resolution 1706, has authorised a new UN peacekeeping force of up to 22 500 soldiers and police officers to take over Darfur operations from the African Mission in Sudan (AMIS), while reaffirming its full respect for Sudanese sovereignty, unity, independence and territorial integrity, 13429/06 CF/ns 5 ANNEX

G. whereas the Government of Sudan continues to block such a UN force from entering Sudan, H. whereas the Darfur conflict - and impunity from prosecution - is increasingly affecting the stability of the Central African region and constitutes a threat to international peace and security, I. whereas in view of the African Union decision of 20 September 2006 to extend the current mandate of its peacekeeping force in Darfur until the end of the year, the UN has committed itself to provide further logistical and material support to AMIS, J. whereas the UN Security Council referred the situation in Darfur to the International Criminal Court in March 2005, 1. Urges the Government of Sudan to accept a United Nations peacekeeping force in Darfur, under Chapter VII of the UN Charter; 2. Underlines that Sudan has failed in its 'responsibility to protect' its own people and is therefore obliged to accept a UN force in line with UN Security Council Resolution 1706; calls on the UN Security Council to bring pressure to bear on the Sudanese authorities to accept the deployment of the already authorised UN Mission to Darfur, with a clear Chapter VII mandate and enhanced capacities given to such a mission through UN Security Council Resolution 1706; 3. Demands that the Sudanese authorities not only pose no obstacles to the deployment and activities of the UN Mission in Darfur but also create the conditions necessary for the effective functioning of that mission; stresses that any failings by the Sudanese authorities in this regard will be sanctioned; 4. Calls on the international community and all parties concerned to devise ways to contribute effectively and speedily to the successful operation of the UN Mission to Darfur and a resolution of the crisis; 5. Calls on China and Russia to play a positive role at the UN in efforts to ensure that a UN peacekeeping force can be deployed and to put to good use their role in the region to facilitate the deployment of that mission and prevent any bloodshed; 6. Calls, in this regard, on China to build on the joint statement made by China and the EU on 9 September 2006 in which 'leaders emphasized that transition from an AU to a UN led operation would be conducive to the peace in Darfur'; urges the Chinese Government to act on this statement by using its influence with Sudan to persuade the Government of Sudan to accept a UN peacekeeping force; 7. Calls on the Arab League to cease its complicit approach to Sudan's continued intransigence over the need for a UN peacekeeping force; 8. Recalls the commitments given by the United Nations following the Rwandan genocide with a view to shouldering its political responsibility in Africa more effectively; 9. Calls on the EU to call for the urgent enforcement of the no-fly zone over Darfur established by UN Security Council Resolution 1591 (2005); urges the international community to liaise with Chad to discuss enforcing the no fly-zone from eastern Chad; 13429/06 CF/ns 6 ANNEX

10. Condemns the continuing violations of the ceasefire by all parties, and in particular the violence directed against the civilian population and the targeting of humanitarian assistance; 11. Calls on all parties, including the Government of Sudan, to put an immediate end to military action in Darfur, to abide by the ceasefire agreement and to respect and implement their commitments under the DPA; 12. Calls on the non-signatories to the DPA to sign, commit themselves to and implement the Agreement; 13. Calls for confidence-building measures, such as a Darfur-Darfur Dialogue and Consultation including all parties to the conflict as well as civil society; 14. Notes the extension of the mandate of AMIS until the end of 2006; stresses the urgent need to reinforce the mandate and tasks of this force and to ensure sufficient financing as well as logistical and material support for it, allowing it to effectively assist in the implementation of the DPA; 15. Calls on the EU and other international actors to work specifically with the UN and the AU to ensure that peacekeeping forces in Darfur have the capability to react rapidly to ceasefire violations or provocations by any party; 16. Calls on the EU, the US and other international actors to impose sanctions on any side, including the government, that violates the ceasefire or attacks civilians, peacekeepers or those involved in humanitarian operations and to take all necessary action to help end impunity by enforcing the Security Council sanctions regime; 17. Calls on the Government of Sudan and the international community to fully cooperate with the International Criminal Court in order to end impunity; 18. Calls on all permanent members of the UN Security Council to assume their global responsibility and not to hinder any measures intended to foster peace, security and stability in the Darfur region of Sudan, but rather to support and promote all appropriate steps towards a sustainable resolution of the conflict; 19. Calls upon all parties, in particular the Government of Sudan, to ensure the full, safe and unhindered access of relief personnel to all those in need in Darfur as well as the delivery of humanitarian assistance, in particular to internally displaced persons and refugees; 20. Calls for a significant increase in the humanitarian aid provided by the international community to the nearly 3 million people who are totally dependent on international aid for food, shelter and medical care; 21. Instructs its President to forward this resolution to the Council, the Commission, the ACP-EU Council of Ministers, the Government of Sudan, the African Union and the Secretary-General of the United Nations. 13429/06 CF/ns 7 ANNEX