PEACE NEGOTIATIONS WATCH
Thursday, February 8, 2007
(Volume VI, Number 1)

Contents:

Burundi
Burundi police unearth explosives cache
Police are interrogating suspects to determine why and to whom the explosives were ferried.

Divisions grow in Burundi ruling party
The ruling party will hold a special congress to resolve differences later this week.

Chechnya
Russian authorities refuse to meet international lawyers
The delegation of international lawyers had visited to investigate anti-terrorism measures and human rights in Russia.

Democratic Republic of Congo
DR Congo clashes killed 100 in past week: officials
87 were killed in a government crackdown on members of a religious sect, according to UN peacekeepers.

Congo forms new Cabinet
President Kabila named his new Cabinet, fulfilling campaign promises to candidates that backed him in last fall's landmark vote.

Democratic Republic of Congo Negotiation Simulation Click here to access the DR Congo Negotiation Simulation.

Georgia
Georgia calls for direct talks with leader of breakaway province; rebel leader defiant
Abkhazia leader rejected the call, saying the sides must sign a nonaggression pact.

Georgia says Georgian village shelled by breakaway South Ossetia
A monitoring group consisting of peacekeepers and OSCE representatives is investigating the situation.

Ivory Coast
Ivorian foes open talks to re-start peace process
The two sides expressed optimism the talks will move the process forward.

Kashmir
Moderate separatist leader in Indian Kashmir calls for withdrawal of Indian troops
Mirwaiz Umar Farooq made statement after returning from meeting with Gen. Pervez Musharraf.

Pakistan's Musharraf hails Kashmir talks with India
He said that India and Pakistan have changed their stance from "confrontationist ... to reconciliatory resolution".

Deaths in custody deepen cynicism in Indian Kashmir
Local human rights groups say about 10,000 people have been reported missing in Kashmir since 1989.

Kashmir Negotiation Simulation Click here to access the Kashmir Negotiation Simulation.

Kosovo
Analysis: Kosovo's long walk
With a draft recommendation from the UN special envoy now on the table, Kosovo has moved one step closer to independence.

Kosovo Negotiation Simulation Click here to access the Kosovo Negotiation Simulation.

Macedonia
U.S. talking with Macedonia over NATO application despite Greek objections over name
State Department spokesman said that Greece and Macedonia need to work the name dispute to get on with international business.

Nepal
Nepal Maoists to start peaceful protests
Protests are intended to pressure the government to speed up the pace of election preparations.

Somalia
Somalia's government starts implementing martial law in the country
A curfew was imposed last week on the southern Somalia town of Baido.

Reconciliation talks begin in Somali capital
Prime Minister Gedi hopefully that reconciliation in Mogadishu will promote peace throughout Somalia.

Sri Lanka
Sri Lanka: Ongoing Conflict Threatens Donor Funding
Donors warned that achieving sustainable economic development might not be possible without peace.

Sri Lanka offers talks from former Tiger town
President Rajapakse says he is ready to offer the LTTE a political package if the guerillas will lay down their weapons.

Sri Lanka Negotiation Simulation Click here to access the Sri Lanka Negotiation Simulation.

Sudan
U.N. refugee agency appeals for more money to aid Darfur refugees
UN High Commissioner fro Refugees said that under the present condition, there is no prospect of return for the millions of refugees.

Sudanese justice minister: Let Sudan prosecute Darfur crimes itself
The minister says that international courts have no valid reason to investigate suspects in the Darfur crisis.

China offers aid for 'peaceful resolution' of Darfur conflict
President Hu Jintao refused to make future aid conditional on progress made.

Genocide in Darfur: A Legal Analysis Click here to access the PILPG Report.

Peace Negotiations Watch is prepared by the Public International Law & Policy Group in cooperation with American University and is made possible by a grant from the Carnegie Corporation of New York and the Ploughshares Fund.

Burundi

Burundi police unearth explosives cache

Agence France Presse, 2/2/07

Police in the Burundi capital Bujumbura on Friday said they had found a cache of explosives stashed in a boat and a house in the south of the small central African state.

Police spokesman Pierre-Claver Gahungu said they discovered hundreds of dynamite sticks, several explosive wicks and 1,000 detonators in the Tanzania-flagged boat and a house in the Nyanza-Lac area, some 145 kilometres (90 miles) south of the capital.

"On Monday, a boat from Tanzania ... ran aground near Nyanza-Lac. Police found 196 dynamite sticks and 20 rolls of explosive wicks," Gahungu told AFP.

After questioning three Tanzanian crew members, police were led to a house in the locality where they found 80 dynamite sticks, nine rolls of explosive wicks and 1,000 detonators early Friday.

"For the moment we are interrogating suspects to find out whether there are more explosives that were previously ferried to the country, who to and the reason why," Gahungu said.

Burundi is emerging from more than a decade of ethnically-driven civil war that has killed some 300,000 people.

Divisions grow in Burundi ruling party

Agence France Presse, 2/6/07

Burundi's ruling party will this week hold a special congress to resolve differences threatening efforts in the central African nation to recover from years of civil strife, officials said Tuesday.

The meeting on Wednesday in the northern town of Ngozi will "review the party's status, internal rules and the election of senior officials," said Manasse Nzobonimpa, secretary general of the Forces for the Defence of Democracy (FDD).

But embattled party chief Hussein Radjabu, who has been blamed for stoking divisions, said the meeting was illegal because the secretary general has no powers under party rules to call the conference.

Radjabu is also accused of being behind the unsuccessful prosecution of ex-head of state Domitien Ndayizeye on charges of plotting a coup, which sparked an avalanche of condemnation against the 15-month old government.

The FDD, which came to power after winning elections in 2005, suffered deeper divisions last month after the sacking of a minister which prompted some members to call for President Pierre Nkurunziza's intervention.

Radjabu said he would not attend the meeting, dismissed the secretary general as a "mere puppet" and insisted he was the party leader.

"I am the legitimate party president and so I will remain," he told AFP. "Nzobonimpa is just a puppet manipulated by powerful people who are against me. I know who is behind these attacks."

Burundi is struggling to emerge from a 13-year ethnic civil war that claimed some 300,000 lives. The government of the tiny republic has come under fire recently over accusations of authoritarianism and failure to tackle corruption.

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Chechnya

Russian authorities refuse to meet international lawyers

Agence France Presse, 1/31/07

A delegation of international lawyers on Wednesday said they had cut short a trip to investigate anti-terrorism measures and human rights in Russia, after the authorities refused to meet them.

"The interior ministry, the Prosecutor's Office, the FSB (Federal Security Service) and the Russian foreign ministry refused to let their representatives meet the delegation," the International Commission of Jurists said in a statement.

"Given this situation, the group of lawyers decided to leave Russia one day earlier than planned."

The commission had been planning to speak to the press on Thursday, the same day Russian President Vladimir Putin holds his annual news conference.

The lawyers, including former Irish president and former UN high commissioner for human rights Mary Robinson, had requested to meet Russian officials on Wednesday and Thursday.

During a conference in Moscow Monday, lawyers and human rights defenders said that Russia was violating human rights by including military operations in Chechnya in an international fight against terrorism.

The group includes eight judges, lawyers and academics chosen by the International Commission of Jurists to study the impact of the fight against terrorism around the world. They have already visited Algeria, Britain, Colombia and the United States.

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Democratic Republic of Congo

DR Congo clashes killed 100 in past week: officials

Agence France Presse, 2/3/07

Violence in the Democratic Republic of Congo has killed nearly 100 people this week, including 87 in a government crackdown on members of a religious sect, officials and UN peacekeepers said Saturday.

"At least 87 people including 10 from the security forces were killed" during the clashes in Bas Congo province in western DR Congo, General Denis Kalume Numbi, interior minister, told a news conference here.

The total was made up of 16 people in the Bas Congo capital Matadi, 26 in nearby Boma, 37 in Muanda and 8 in Songololo, he said in the first official statement on the number of casualties.

A Western diplomat in Kinshasa said he expected the death toll to "rise and could exceed 100" because of the high number of people with gunshot wounds.

The clashes began on Wednesday and followed allegations by the Bunda dia Kongo (BDK) religious movement that the recent first-round election of Bas Congo's governor -- a candidate close to victorious presidential candidate Joseph Kabila -- was rigged.

Bemba's opposition Congo Liberation Movement (MLC) said on Saturday that it had filed official complaints about the result in Bas Congo as well as in the capital Kinshasa.

Bemba, the former rebel turned vice president who lost to Kabila in landmark presidential elections last year, called for the election in Kinshasa to be annulled and for a second round to take place in Bas Congo.

"We will not stand by and do nothing while a dictatorship installs itself, especially after what happened in Bas Congo," Fidele Babala, MLC candidate in Bas Congo, told AFP.

Candidates from Kabila's political coalition, the Alliance of the Presidential Majority (AMP), won first round victories in eight of the nine provincial assemblies choosing governors last month.

The results cemented the political dominance of Kabila, whose camp already dominated both houses of parliament as well as seven out of the 11 provincial assemblies.

But his victory in Kinshasa -- a Bemba stronghold -- was a surprise.

The gubernatorial elections marked the final stage in what it is hoped will be a definitive return to multi-party democracy after four decades of kleptocracy and war that left millions dead and the vast mineral-rich DR Congo in ruins.

The UN mission in DR Congo, known as MONUC, meanwhile said on Saturday said that in the restive eastern province of Sud Kivu, six rebels and three government soldiers were killed this week in the Minembwe area.

There have been clashes on a daily basis in the area since January 25 between the army and soldiers loyal to dissident General Michel Rukunda, and the violence intensified at the start of the week.

MONUC spokesman Thierry Kranzer told AFP that the situation was calm again around Minembwe following the arrival of MONUC peacekeepers but that clashes were continuing around 50 kilometres (30 miles) northeast near Kamombo.

"According to information garnered on location by the (peacekeeping) mission, Rukunda's men attacked positions" of the regular army, Kranzer said.

He added that MONUC had been unable to confirm allegations that the regular army, commanded by Major Patrick Masunzu, had been involved in massacres and burning villages with the assistance of Rwandan Hutu rebels.

MONUC "went to the village of Azarias Ruberwa, where it found no pillage, no trace of fighting," Kranzer said.

Rwandan rebel group FDLR also denied any involvement.

Congo forms new Cabinet

Eddy Isango, Associated Press, 2/6/07

Congo's president has named his new Cabinet, fulfilling campaign promises to candidates that backed him in last fall's landmark vote.

President Joseph Kabila named as minister of agriculture Zanga Mobutu, the son of ex-Congolese dictator Mobutu Sese Seko. Mobutu, a presidential candidate, ran against Kabila, before agreeing to back him.

The new minister of foreign affairs, Mbusa Nyamwisi, also ran against Kabila in the first round of last fall's presidential ballot, then endorsed him in the second round.

The appointments, announced late Monday, are in addition to Prime Minister Antoine Gizenga, an 81-year-old former opposition leader whom Kabila appointed Dec. 30. Gizenga was a deputy in the government of Congo's first leader Patrice Lumumba, who was assassinated shortly after independence from Belgium in 1960.

Gizenga then headed up a rebel movement and later a political party and shadow government in exile during decades of dictatorial rule.

Left in the opposition is most notably Jean-Pierre Bemba, a warlord-turned-senator who came in second behind Kabila in last fall's presidential vote. Bemba initially challenged the results and his militia clashed with Kabila's forces, but he eventually backed down and accepted the outcome after the country's Supreme Court declared Kabila the rightful winner. Bemba later won a seat in the Senate.

Congo, a mineral-rich Central African nation the size of Western Europe, has been wracked by years of war and decades of dictatorship. Last fall's presidential poll marked the country's first free elections in over 40 years.

Democratic Republic of Congo Negotiation Simulation
Click here to access the DR Congo Negotiation Simulation prepared by the Public International Law & Policy Group.

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Georgia

Georgia calls for direct talks with leader of breakaway province; rebel leader defiant

Misha Dzhindzhkhashvili, Associated Press, 1/31/07

Georgia on Wednesday again called for direct, unconditional talks between its president and the leader of the breakaway Abkhazia region, but the separatist leader rejected the call, saying the sides must sign a nonaggression pact.

"The Georgian side is ready for direct business dialogue with the Abkhazian side without any preconditions," Foreign Minister Gela Bezhuashvili told reporters. "But this meeting must be aimed at achieving a concrete result ... that is why it must be thoroughly prepared."

Abkhazian leader Sergei Bagapsh, however, was ready to hold such talks only after the two sides pledge not to resume hostilities, said his spokesman, Kristian Zhvania.

"We don't need a meeting for the sake of a meeting," Zhvania quoted Bagapsh as saying.

Bagapsh also insisted there could be no talks with Tbilisi until it withdraws its troops and government officials from Abkhazia's Kodori Gorge.

In late July, Georgian forces moved into the upper part of the gorge to root out members of a defiant militia and established a local administration made up of people who fled the fighting in Abkhazia in the 1990s. Abkhazian separatist officials said that Georgia's move into the gorge violated cease-fire terms.

Abkhazia broke from Georgia in the early 1990s and has run its own affairs without international recognition, cultivating close ties with Russia, which has peacekeepers deployed there.

Georgian President Mikhail Saakashvili has vowed to bring Abkhazia, and another rebel region, South Ossetia, back under central government control.

Georgia says Georgian village shelled by breakaway South Ossetia

RIA Novosti, 1/4/07

Georgia said Sunday a Georgian village was shelled by its breakaway province of South Ossetia.

Fire at the Georgian village of Nikozi was opened Saturday evening from Tskhinvali, the capital of the separatist region, Georgia said.

South Ossetia declared independence from Georgia following a bloody conflict in 1991-1992 that killed hundreds of people. The pro-Western Georgian government of Mikheil Saakashvili has said it is determined to bring the breakaway region back under its control.

Mamuka Kurashvili, the commander of the Georgian peacekeeping battalion in the Georgia-South Ossetia conflict area, said that large-caliber weapons, mortars and automatic rifles were used to shell the village and that the shelling lasted 45 minutes.

He said a monitoring group consisting of peacekeepers and OSCE representatives in the conflict area is investigating the situation.

The Georgian side also said a resident of the village of Nikozi was wounded during the shelling and was taken in a grave condition to a hospital in Tbilisi for treatment.

At the same time, South Ossetian authorities said the breakaway republic's capital of Tskhinvali was subjected to fire yesterday evening from three Georgian villages located in the conflict area. As a result of the shelling, which began at 09:30 p.m. Moscow time (06:30 p.m. GMT), a local resident was injured, the republican information and press department said.

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Ivory Coast

Ivorian foes open talks to re-start peace process

Agence France Presse, 2/5/07

Senior representatives for Ivory Coast President Laurent Gbagbo and the leader of the New Forces rebels Guillaume Soro took part in talks here on Monday to restart the stalled Ivorian peace process.

The preliminary talks, which are to lay the groundwork for the first face-to-face meeting between Gbagbo and Soro in several months, are being brokered by Burkina Faso President Blaise Compaore.

The first session adjourned after a few hours and will resume Tuesday.

"The debates between the two parties have not really started," Compaore said, adding that he "just reminded the members of the two delegations of their historical responsibility in the crisis" in Ivory Coast.

"We expect them to be constructive in the dialogue," Compaore said of the delegates.

"I think that by the end of the week, we will be clear on the way forward in the process," he added.

The two sides expressed optimism the talks will move the process forward.

"Everything went on perfectly well. We have our raw materials... we will back tomorrow," said rebel spokesman Sidiki Konate.

"I am absolutely confident, if not I would not have come to Ouagadougou. There will be as many meetings as necessary. The ambience was perfect," said Gbagbo's advisor Desire Tagro.

The preparatory talks are to pave the way for Gbagbo and Soro to meet for the first time since the United Nations Security Council adopted a new resolution in November last year, granting large powers to Charles Konan Banny, the prime minister of the UN-backed Ivorian transitional government.

Konan Banny, who met Compaore last week, does not appear to have a direct role in the current talks.

UN Secretary General Ban Ki-moon last week expressed the desire for the proposals from the ongoing talks to be in line with UN resolution 1721.

A conflict sparked by an unsuccessful coup bid against Gbagbo in 2002 has politically and militarily split Ivory Coast, the one-time bastion of stability in West Africa, into a rebel-held north and a government-ruled south.

A peace process in the world's largest cocoa producer and former economic hub of the region began in January 2003, but has not moved much due to bickering between the foes.

It has thus far led to the formation of the transitional government headed by ex-banker Konan Banny, after the deployment of UN and French peacekeepers on ceasefire lines.

However, the tasks of disarming armed groups, voter registration for planned elections and national reunification have been blocked for more than two years, with each side accusing the other of creating obstacles.

Compaore recently assumed the presidency of the 15-nation Economic Community of West African States (ECOWAS) and was tasked with facilitating the direct talks, proposed late last year by Gbagbo.

Ivory Coast has regularly accused its northern neighbour Burkina Faso of supporting the New Forces rebels, but Ouagadougou has repeatedly denied the allegations, saying the crisis there is due to internal problems.

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Kashmir

Moderate separatist leader in Indian Kashmir calls for withdrawal of Indian troops

Aijaz Hussain, Associated Press, 2/1/07

An influential separatist leader in Indian-controlled Kashmir said Thursday that Indian troops should start withdrawing from the Himalayan region.

"The time has come to resolve the Kashmir issue in a phased manner. The first phase is that Indian troops should start withdrawing from Kashmir," Mirwaiz Umar Farooq, chairman of the All Parties Hurriyat Conference, told thousands of supporters after returning from neighboring Pakistan. Farooq met with Pakistani President Gen. Pervez Musharraf to discuss ongoing Pakistan-India peace negotiations.

The APHC is an alliance of separatist groups based in Indian Kashmir.

Mostly Muslim Kashmir is divided between Pakistan and India, but is claimed by both.

More than a dozen militant groups most based in Pakistan have been fighting in India's part of the territory, seeking independence for Kashmir or its merger with predominantly Islamic Pakistan.

The insurgency, which began in 1989, has killed more than 68,000 people, mostly civilians.

Earlier this month Farooq called for the first time for an end to the armed struggle in Indian Kashmir to pave the way for a negotiated settlement with India.

Rebel groups and hard-liners within the APHC accused Farooq of selling out. On Wednesday, suspected militants hurled a grenade at the APHC's office in Srinagar.

India and Pakistan have fought two wars over Kashmir, but relations have improved after three rounds of peace talks since 2005.

Musharraf has angered many in Pakistan by proposing greater autonomy for Kashmir under "joint management" by Pakistan and India. He has also proposed that both sides pull out their troops from the region.

India has not accepted the proposal, although it has given impetus to the peace process.

Pakistan's Musharraf hails Kashmir talks with India

Agence France Presse, 2/5/07

Pakistan President Pervez Musharraf Monday said he was optimistic that a more conciliatory tone in talks with India would bring an end to their 60-year dispute over the Himalayan territory of Kashmir.

His comments came as thousands of Pakistanis rallied across the country for a "Kashmir Solidarity Day" and condemned alleged atrocities in the Indian-ruled part of the Muslim-majority region.

Musharraf said that nuclear-armed India and Pakistan -- who have fought two of their three wars since 1947 over Kashmir -- had changed their stance from "confrontationist ... to reconciliatory resolution".

"We are seeing some light at the end of the tunnel where we may be able to resolve the dispute for good, and for the benefit of the people of Kashmir and to give them final peace," the state-run Associated Press of Pakistan quoted Musharraf as saying before he left to visit Tehran and Ankara.

Hindu-majority India and mostly Muslim Pakistan both hold Kashmir in part and claim it in its entirety. The row over its future has bedevilled a three-year peace process between New Delhi and Islamabad.

In January, Pakistan and India renewed their commitment to carry forward the peace dialogue during talks between their foreign ministers in Islamabad which covered subjects including the Kashmir dispute and terrorism.

Musharraf said Solidarity Day -- a national holiday here -- was different to previous years "as (the) focus has changed towards the resolution of the dispute, and I am happy about it."

Pakistani authorities continued with a full programme of events, including one minute's silence for tens of thousands of people killed in Kashmir during a 17-year Islamist revolt against Indian rule.

About 1,000 students, labourers and political party workers marched in the capital, Islamabad. Streets were bedecked with banners saying: "Kashmir, a valley of tears" and "We salute freedom fighters in Kashmir".

More than 3,000 people rallied in the central city of Multan and protests elsewhere denounced Indian "atrocities".

Pakistanis and Kashmiris formed a human chain at Kohala bridge, which links Pakistan with its part of Kashmir, state television said. Special prayers for Kashmir's freedom were also offered in mosques across the country.

The day officially supports Kashmir's right of "self-determination" under longstanding UN resolutions which call for a plebiscite in Kashmir on whether it should be ruled by India or Pakistan.

In October 2004, Musharraf suggested resolving the dispute by demilitarising Kashmir and either placing it under United Nations mandate, putting it under joint control or giving it independence.

However, in December he angered separatists by saying Pakistan did not favour independence.

Musharraf urged Kashmiri leaders -- a fractious mix of pro-Pakistani parties, Islamists and independence-seekers -- to work together to find "unanimity of views and to guide us on how to resolve this issue."

Prime Minister Shaukat Aziz told the legislative assembly of the Pakistani sector of Kashmir on Monday that Pakistan was committed to resolving the dispute "in accordance with the aspirations of the Kashmiris".

Deaths in custody deepen cynicism in Indian Kashmir

Aijaz Hussain, Associated Press, 2/6/07

Late last year, Abdur Rahman Padder, a 35-year-old carpenter, paid his life's savings to his cousin, a police official in the Indian-controlled portion of Kashmir, to secure a government job.

But days after handing over 75,000 Indian rupees (about US$1,700), Padder disappeared. Over the following weeks, police investigators trying to track him down traced his mobile phone to members of the police anti-insurgency squad and began unraveling a murky plot of rogue policemen they say were killing innocent villagers to claim rewards and government honors.

Last week, police said the father of five had been shot and killed in a staged gunbattle with Indian security forces in a small town near Srinagar, the summer capital of India's Jammu-Kashmir state. He had been killed Dec. 8, the night he disappeared.

At the time of the shooting, police identified the dead man as a member of Lashkar-e-Tayyaba, a Pakistan-based separatist militant group. They basked in the glory of having killed yet another rebel.

By Saturday, investigators had exhumed the bodies of at least five civilians, including Padder, all of whom had been shot and killed in faked "encounters," as gun battles are known here. Authorities have promised an investigation, but few Kashmiris are satisfied.

Investigator's say Padder's cousin, Farooq Ahmed, organized the killings, and over the weekend he and three other policemen, including two senior officers, were arrested for their role in either carrying out the killings or condoning them.

Ahmed's demand for 75,000 rupees for a job, a common practice in India's corruption-riddled bureaucracies, was pure greed, police say.

Ahmed "promised my husband a job, robbed him of his hard-earned money and later passed him on to killers," said Muneera, Padder's wife, holding their 3-month-old daughter.

Since the Padder case came to light, Kashmir has been rocked by protests, with angry residents saying the government ignored their pleas despite years of complaints that security forces had killed hundreds of residents.

On Tuesday, shops and businesses were closed in Srinagar and public transport stayed off the roads as separatist groups protested the deaths.

"Tyrants leave Kashmir!" protesters chanted as they marched through Srinagar, and "We want freedom!"

Analysts say the array of security forces police, military and paramilitary fighting Kashmir's insurgents are almost never punished for crimes against Kashmiri civilians.

Heightening the problem: promotions in rank are often handed out based on the number of militants someone kills.

"India failed to prosecute or discipline the perpetrators, who believe they are, indeed, 'above the law,'" the rights group Human Rights Watch said in a statement last week.

The latest revelations have deepened cynicism among Kashmir residents, who make little secret of their fury at the Indian military.

Kashmir is India's only Muslim majority state, and most people favor independence from mainly Hindu India, or a merger with predominantly Muslim Pakistan.

India has an estimated 700,000 soldiers in Kashmir, fighting nearly a dozen rebel groups since 1989. In many areas, the region has the feel of an occupied country, with soldiers in full combat gear patrolling streets and frisking civilians.

More than 68,000 people, mostly civilians, have been killed in the conflict.

Many other people have simply disappeared.

Local human rights groups say about 10,000 people have been reported missing in Kashmir since the separatist insurgency began in 1989.

Last month, Kashmir Chief Minister Ghulam Nabi Azad said only 1,017 people had disappeared in the state although in 2003 his predecessor put the number at about 4,000.

The government says most of the men who disappeared are Kashmiri youth who have crossed the frontier into neighboring Pakistan for weapons training.

But local activists believe many of the disappeared wound up dead in staged gun battles.

"Since 1998, we have been demanding that the government appoint an inquiry commission to probe into disappearance cases in the state," said Pervez Imroz, a lawyer with the Association of Parents of Disappeared Persons.

Azad, the chief minister, has ordered an inquiry into the killings, saying the deaths will be treated as murders.

But political and religious leaders have demanded an independent probe, saying a police investigation cannot be objective.

"Killers can't be judges. How can the police investigate the killings when they are themselves involved in these deaths?" says Mirwaiz Umar Farooq, chairman of the All Parties Hurriyat Conference, an alliance of Kashmiri separatist groups.

Kashmir Negotiation Simulation
Click here to access the Kashmir Negotiation Simulation prepared by the Public International Law & Policy Group.

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Kosovo

Analysis: Kosovo's long walk

Edith Honan, United Press International, 2/5/07

With a draft recommendation from the United Nations' special envoy for Kosovo now on the table, the former Yugoslav province -- and U.N. protectorate since 1999 -- has moved one step closer to independence.

While refraining from use of the word independence, the plan gives Kosovo the right to govern itself and envisions the drafting of a constitution, which would almost certainly declare Kosovo free.

"The settlement package that I have presented to both parties today represents a compromise proposal," Martti Ahtisaari, U.N. Secretary-General Ban Ki-moon's envoy to Kosovo said at news conferences in Belgrade and Pristina, the Serbian and Kosovar capitals. "I am willing to consider constructive amendments and I'm willing to integrate compromise solutions that the parties might reach."

A political resolution to Kosovo's final status remains weeks, if not months, off. Pending advice from the two capitals, Ahtisaari will submit a revised proposal to the secretary-general.

The document will then be circulated to the 15-member U.N. Security Council, which has been sharply divided on the Kosovo issue. Russia in particular, one of five veto-wielding members, has voiced skepticism over independence.

It is not clear how, if at all, Belgrade and Pristina can be brought closer together. Albanians in Kosovo, who make up 90 percent of the population, have called for outright independence, while Serbia has rejected the idea.

The fate of the 100,000 ethnic Serbs living in the province has been one of the central concerns addressed in negotiations.

Since NATO forces drove out Yugoslav troops in 1999 amid brutal ethnic fighting, Serbian Orthodox Churches have been subject to frequent acts of vandalism and ethnic Serb communities have complained they feel anything but secure.

If Kosovo is to be made independent, it is unclear what precedent exists, if any, to guide that process. In fact, to the view of some countries, it is Kosovo that will play the role of standard-bearer.

Under Ahtisaari's proposal, a European Union official would have ultimate supervisory authority over civilian aspects of the settlement, including the power to annul laws and remove officials.

The constitution would emphasize Kosovo's multi-ethnic culture, and the flag and national anthem would also represent the full national character of Kosovo. Kosovo would have no official religion and the Albanian and Serbian languages would be given equal status.

An international military presence, led by NATO, would, for a finite period, serve as the backbone of Kosovo's security.

Non-Albanians would be guaranteed a place in key public institutions and certain laws may only be enacted if a majority of the Kosovo non-Albanian legislative members agree.

The plan also calls for wide-ranging decentralization, focusing in particular on the specific needs and concerns of the Serb community, which will have a high degree of control over its own affairs, including health care, higher education and financial matters, including accepting transparent funding from Serbia. Six new or significantly expanded Kosovo Serb majority municipalities will be set up. Kosovo's justice system is to be integrated, independent, professional and impartial, ensuring access to all, with the judiciary and prosecution service reflecting its multi ethnic character.

Provisions on religious and cultural heritage will ensure the unfettered and undisturbed operation of the Serbian Orthodox Church and 45 Protective Zones will surround key religious and cultural sites.

Once the settlement enters into force, there will be a 120-day transition period during which the mandate of the U.N. Interim Administration Mission in Kosovo will stay unchanged.

During this period, the Kosovo Assembly, in consultation with an international representative, will be responsible for approving a constitution and the legislation necessary for the implementation of the plan.

At the end of the period, the U.N. mission's mandate will expire and all legislative and executive authority vested in it will be transferred to the Kosovo authorities. Within nine months general and local elections will be held.

Kosovo, which is nearly the size of Connecticut, was an autonomous region within the Yugoslav federation until 1989, when Slobodan Milosevic began to exert tighter control over the province and strip ethnic Albanians of some of their rights. Belgrade's brutal crackdown on guerrilla rebellions in Kosovo led to the NATO intervention of 1999. The province was granted autonomy, and has since been overseen by the United Nations, which has taken the lead in brokering Kosovo's final status.

Kosovo Negotiation Simulation
Click here to access the Kosovo Negotiation Simulation prepared by the Public International Law & Policy Group.

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Macedonia

U.S. talking with Macedonia over NATO application despite Greek objections over name

Associated Press, 2/1/07

It is only Greece that has a problem with calling Macedonia Macedonia, and the two southern Balkan neighbors need to work it out to get on with international business, a State Department spokesman said Thursday.

As for the United States, Sean McCormack said, it is willing to discuss NATO membership with Macedonia under that name and would like a resolution of the name dispute with Greece.

Greece is a member of both NATO and the European Union, to which Macedonia applied for membership in 2004. Greece has threatened to stand in the way of Macedonian membership under that name in both international organizations.

McCormack said the United States has no say in the EU situation, but "in the case of NATO, then we will talk to Macedonia about their aspirations.

"We have made it very clear that NATO should have a door open to consideration in expanding its membership, and we're going to continue to talk to Macedonia about what their aspirations are."

Athens refers to Macedonia by the acronym FYROM, Former Yugoslav Republic of Macedonia, the name under which the country entered the United Nations in 1993. The Greek position is that the name Macedonia implies a claim by FYROM on the northern Greece province of Macedonia and could destabilize the region.

"I understand, in the case of Greece, that they need to come to some accommodation on this for those two parties difficult issue," McCormack said. "It's an emotional issue. But they should try to work through the issue.

"They, after all, live next door to one another. Neither of them are going to be able to move. So they should work to resolve the issue."

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Nepal

Nepal Maoists to start peaceful protests

Agence France Presse, 2/5/07

Nepal's former rebel Maoists said Monday they will start nationwide peaceful protests to pressure the government to pick up the pace of crucial election preparations.

Maoist leader Prachanda, and his second in command, Baburam Bhatterai, said protests would start next week as they feared election plans and other elements of an historic peace deal with the government were not being met.

The Maoists "once again find it necessary mobilize people peacefully across the nation in order to defeat regressive forces and take the country towards the path of peace, progress and democracy," they said in the statement released late Monday.

The Maoists and seven-party government signed a peace deal late last year, and the rebels have begun to place their weapons under United Nations monitoring.

As part of the deal that ended a bitter 10-year "people's war", the government has pledged to hold elections to a body that will rewrite Nepal's constitution permanently, a long-held Maoist demand.

A new interim 330-seat parliament was formed in mid-January containing 83 Maoists, but the new cabinet has yet to be named.

"We have sensed serious obstacles in forming the interim government and the holding of constituent assembly elections due to the status quo maintained by the parliamentary parties and the growing conspiracies of regressive forces," the statement said.

"Regressive forces," is a phrase the Maoists commonly use to refer to pro-royalists.

The former rebels will start their 22-day protests in the capital on February 13, the statement said.

Once former foes, the Maoists and political parties formed a loose alliance in late 2005 to counter King Gyanendra who seized direct control of the nation earlier in the year.

They organised mass protests which forced the king to end his direct rule and reinstate parliament in April 2006.

Last year's peace agreement ended the "people's war" that killed at least 13,000 people and decimated the Himalayan nation's already fragile economy.

Nepal Negotiation Simulation
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Somalia

Somalia's government starts implementing martial law in the country

Mohamed Olad Hassan, Associated Press, 1/31/07

Somalia's interim government has begun imposing martial law in areas under its control, the prime minister said, as rising violence threatens its tenuous grip on power.

A curfew was imposed Tuesday night on the southern Somalia town of Baidoa, as Prime Minister Ali Mohamed Gedi warned that remnants of an ousted Islamic movement have returned to the towns and are planning to destabilize the lawless country.

"From now on the martial law would be implemented across government-controlled areas, starting with Baidoa tonight," Gedi told government-controlled radio late Tuesday.

The three-month emergency law was announced on Jan. 13 but was not implemented.

African leaders meeting in neighboring Ethiopia have failed to make up a shortfall of 4,000 troops for a peacekeeping mission to Somalia, and fears are mounting that Somalia could again be plunged into civil war without a peacekeeping force.

Since the Islamic movement was ousted by Somali government troops backed by Ethiopian soldiers, tanks and war planes, factional violence has again become a feature of life in the Somali capital, Mogadishu.

But Ethiopia has begun withdrawing its forces, with diplomats warning it could create a power vacuum that Islamic fighters could take advantage of.

On Tuesday night, unknown gunmen attacked Ethiopian bases on the northeastern outskirts of the capital with rocket-propelled grenades. No civilians were hurt by the Ethiopian who returned the fire with anti-aircraft missiles, said businessman Koge Omar.

Also Tuesday, extremists in Somalia have warned that they would try to kill any peacekeepers deployed to the war-ravaged country.

In a videotape posted on the official Web site of Somalia's routed Islamic movement Tuesday, a hooded gunman read a statement saying that any African peacekeepers would be seen as invaders.

So far five nations Uganda, Nigeria, Malawi, Burundi and Ghana have pledged around 4,000 troops.

"Somalia is not a place where you will earn a salary it is a place where you will die," one militant, carrying an assault rifle and dressed in military fatigues said in the warning to the peacekeepers. "The salary you are seeking will be used to transport your bodies." Five other hooded gunmen were visible, armed with machine guns and rocket-propelled grenades.

"We will not be intimidated," the top U.S. diplomat for Africa, Jendayi Frazer, told reporters at the African Union summit where the peacekeeping force was being discussed.

"Obviously, whenever you are going into a dangerous situation, it's prudent military planning to expect someone to attack you or your forces."

The United States has accused the Islamic group of sheltering suspects in the 1998 al-Qaida bombings of U.S. embassies in Kenya and Tanzania. Osama Bin Laden has said Somalia is a battleground in his war on the West. The U.S. launched two airstrikes against fleeing Islamic fighters, although details of the attacks are unknown.

Somalia has not had an effective national government since 1991, when warlords overthrew dictator Mohammed Siad Barre and then turned on one another, throwing the country into anarchy.

A transitional government was formed in 2004 with U.N. help in hopes of restoring order. But it has struggled to assert authority.

Reconciliation talks begin in Somali capital

Mohamed Olad Hassan, Associated Press, 2/6/07

The government has begun a weeklong meeting with an array of leaders in Somalia's capital, which has seen spiraling violence over the past month, as part of promised efforts to reconcile Somalis after 16 years of conflict.

The capital, Mogadishu, and much of southern Somalia has borne the brunt of the country's conflict that began in 1991 when clan-based warlords toppled dictator Mohamed Siad Barre and then turned on one another, sinking the Horn of Africa nation of 7 million people into chaos.

Mogadishu also saw the heaviest fighting when government forces backed by Ethiopian troops, war planes and tanks ousted the country's Islamic movement from its southern Somalia strongholds that included the capital.

"I hope it will be the beginning of reconciliation among the people of Mogadishu, which is the mirror of all of Somalia and I hope if a solution is found here, other areas will be peaceful," Prime Minister Ali Mohamed Gedi told the meeting Monday in comments broadcast on local radio.

Ismail Moalim Musse, chairman of the government-appointed national reconciliation commission, told The Associated Press the elders, traditional chiefs, representatives of private aid and development groups will discuss their roles in restoring security in the capital and awareness programs on peace and security.

Musse declined to comment on whether warlords who had ruled Mogadishu for most of the last 16 years had been invited to the meeting. The major Mogadishu warlords have in recent weeks handed over weapons and equipment and ordered their militias to camps where they are to be trained and join the national army.

The commission was formed in 2005 but has done little work, partly because the government was until recently unable to assert its authority beyond the southern Somalia town of Baidoa.

The two-year-old transitional government only managed to establish itself in the capital in December. The ousted Islamic movement, which still has strong support in Mogadishu, has vowed to wage an Iraq-style insurgency, and clan rivalries also are a challenge for the government.

Ethiopia has said it cannot afford to keep its forces long in Somalia and has begun pulling out as the African Union presses ahead with preparations for a peacekeeping mission to Somalia. So far, the A.U. has received only half the 8,000 peacekeepers it believes is needed, but could start an initial deployment soon.

Three battalions of peacekeepers from Uganda and Nigeria are ready to be deployed in Somalia and will be airlifted in as soon as possible, a senior African Union official said last week.

A leader of the Islamic movement that was ousted last month has said that a proposed peacekeeping force would not bring peace to Somalia.

Many Somalis are deeply distrustful any peacekeeping mission after a disastrous U.N.-led mission in the 1990s.

The Islamic movement was credited with restoring order in areas of southern Somalia it controlled, but some Somalis chafed at its fundamentalist version of Islam and the U.S. accused it of harboring al-Qaida suspects.

The transitional government was formed in 2004 with U.N. help. It has struggled to assert authority and heal clan rifts, and was confined to Baidoa until Ethiopian troops arrived to help oust the Islamic movement.

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Sri Lanka

Sri Lanka: Ongoing Conflict Threatens Donor Funding
Amantha Perera, Inter Press Service, 2/2/07

Foreign donors this week urged the Sri Lankan government to resume negotiations with the Liberation Tigers of Tamil Eelam (LTTE) to avert civil war.

Without peace, donors warned, achieving sustainable economic development is unlikely.

However, at the two-day donor review that ended Tuesday, President Mahinda Rajapakse was emphatic that the country did not want donor funding with strings attached. But then pledges of $4.5 billion U.S. over the next two years are hard to ignore, and the government is keen to show that its military campaign has support.

Economist and researcher Muttukrishna Sarvananthan said the government was probably betting on the donors not withholding funds. "I doubt the donors would hold back funds. The Japanese normally do not attach conditions to their aid either on economic liberalization and reform issues or on the peace front. The Americans are also unlikely to stop aid unless the government goes back on its promise to come up with a (power) devolution package," Sarvananthan told IPS.

Much of the pressure on Colombo came from the European Union (EU) which sent a low level delegation to the conference. EU chair, Germany, spoke of an aid freeze. Europe, nevertheless, accounts for only 10 percent of Sri Lanka's annual aid flow and has limited leverage.

The government can pursue its plans as long as the conflict is confined to the Tamil-dominated north and east of the island. "I think the government can move ahead on economic development in other parts of the country if it could prevent attacks on economic targets outside the north and east," Sarvananthan said.

Yet, the donor review was a far cry from the last two meetings in 2003 and 2005, when the "peace dividend" was stressed.

Each of those meets raised more than $3 billion U.S. The 2003 meeting also resulted in the formation of the Tokyo Donor conference, with the EU, Japan, the United States and Norway as co-chairs.

But at this year's meeting, donors led by the World Bank stated that without any tangible progress in peace negotiations, development would be unsustainable.

"We want to ensure that the money provided by the donors does not fuel the war. There will be less cash if there is no progress on the peace front," a diplomat from a Western embassy said, asking not to be named.

The government has hiked defense spending for 2007 by about 30 percent to $1.28 billion. A five-year-old ceasefire remains on paper even though the country has slipped into all-out confrontations between government forces and the LTTE.

Since December 2005, some 4,000 people have died in the violence -- including more than a thousand civilians, adding to the more than 65,000 deaths in ethnic war since the early 1980s.

As government forces steadily regain land under LTTE control, the latter have retaliated with a series of strikes in the south. The country's main port in the capital of Colombo came under attack on Jan. 27 when three militant boats made an attempt to infiltrate.

A similar attack in November was mounted on the southern port of Galle, a major tourist destination and the location for the donor meeting. The day before the Galle attack, 100 sailors died in a suicide attack in the north central city of Habarana, another tourist favorite. During the first week of January, two bus bombs killed more than 20 people in the south.

Tension is palpable ahead of Sunday's planned celebrations for the 50th anniversary of Sri Lanka's independence from Britain, with massive troop deployments in the capital and rigorous searches of vehicles and raids. Roads leading to the Galle seafront have been closed to traffic.

Attacks in the Sinhala-dominated south have put pressure on the economy and reduced tourism. While the government's tough approach may disgruntle donors, many believe that Rajapakse may succeed if he sustains development in the south and offers a political solution to the ethnic conflict acceptable to donors -- even if it is rejected by the LTTE.

Rajapakse has urged donors to make a distinction between the war and economic development.

"Our aim in defeating terrorism is to liberate the people who have become victims of terrorism," he said. "In such a liberation excise, we are committed to ensure that human rights are preserved and democracy is respected.

"We consider development in liberated regions and in rest of the north and east as critical in promoting sustainable peace and finding meaningful solutions to many potential conflicts within multiethnic and multireligious societies. I have no doubt that our development partners will therefore separate terrorism from a conflict in a complex multicultural society with many income and regional disparities," he said.

However, donors were quick to point out that without peace, any economic progress would be short-lived.

"The renewed and deepening conflict in Sri Lanka over the past six months or so looms over everything else that we might say here. There is no way to politely skirt this issue. As a major development partner to Sri Lanka, the World Bank would be failing if we did not place the conflict front and center in our deliberations," Praful Patel, World Bank vice president for the South Asia region, told the donor meeting.

While Rajapakse spoke of economic progress, Patel reminded the gathering that the last 14 months have been bloody and violent, especially for civilians. "The past year has not been good at all for the families of the more than 3,500 Sri Lankans killed as a result of the increased hostilities. Nor has it been a good year for the additional 200,000 persons displaced by the conflict. It has not been a good year for the whole population of the north and east who have gone through serious difficulties and distress."

Although the recent months have witnessed spectacular military successes for Colombo, the government has come under severe criticism by the United Nations and other watchdogs for human rights violations and letting the humanitarian situation deteriorate. Aid agencies have complained of being forced to close projects in the north and east under government pressure.

The short-term bleak economic outlook with rising inflation and an exchange rate under pressure did not seem to dampen the government's outlook. "The Sri Lanka Development Forum has announced new development assistance for 2007-2009 in the region of $4.5 billion," the government announced triumphantly.

Yet, the government had recognized that if it could create power-sharing proposals, it might end the conflict. "The government and the development partners agreed that terrorism should be separated from finding a solution to the conflict and that a lasting solution should be found through a negotiated settlement," according to an official statement.

On the ground, however, the Sri Lankan army is preparing to launch a major drive to clear the east of the LTTE, according to reports from the area.

Sri Lanka offers talks from former Tiger town

Amal Jayasinghe, Agence France Presse, 2/3/07

Sri Lanka's President Mahinda Rajapakse visited a former Tamil Tiger bastion and offered fresh peace talks on Saturday to end decades of ethnic bloodshed.

The president said he was ready to offer a political package to the Liberation Tigers of Tamil Eelam (LTTE) to halt the separatist violence and asked the guerrillas to lay down weapons and return to talks.

"They must begin surrendering weapons and come for talks," Rajapakse told AFP while visiting this town wrested from rebel control two weeks ago after fighting that killed 45 troops and 331 rebels by official count.

Top presidential aide, Basil Rajapakse, a brother of the president, said the guerrillas could lay down arms in a phased manner if they gave an initial firm commitment to decommission.

"The laying down of arms can be done in a stage-by-stage basis," said the president's brother who was accompanying Rajapakse along with officials and journalists.

The rebel Liberation Tigers of Tamil Eelam (LTTE) held Vakarai, 330 kilometres (190 miles) east of Colombo, as a de facto separate state for over 10 years before being driven out two weeks ago.

"What we have done is to liberate the people from terrorists," Rajapakse said of the estimated 30,000 residents here.

"I am here to thank the troops for their action without causing a single civilian casualty."

Local politician Amir Ali said he was visiting the area after 25 years.

"We could not come here because of the fighting," Ali told AFP. "I am very happy to be able to come and see the place after so long."

The Tigers melted away on January 19, prompting the residents to flee to the safety of neighbouring government-held towns.

The region's top military commander brigadier Daya Ratnayake said small groups of civilians were already coming back to survey their town and map out a return to their homes, many of them damaged by fighting.

Rajapakse flew into Vakarai in a military helicopter and travelled along the coastal town. He mingled with his troops and an elite unit of 16 special forces troops who were the first to dismantle the rebel structures.

The president also visited a police station established here, taking over from an office run by a guerrilla front organisation.

Vakarai was one of the worst-hit Sri Lankan towns in the December 2004 tsunami, which devastated large coastal areas of this Indian Ocean island. The president said although internal aid poured for the victims, little was seen here.

"I want foreign ambassadors in Colombo to visit this area and see if the money their governments and people sent was well used," he said. "We want to start clearing mines in the next two weeks to allow all civilians to return."

Rajapakse, accompanied by the top military brass, flew to neighbouring Trincomalee district where security forces won another key location -- Sampur -- from the rebels last year.

"I am here to convey the gratitude of the nation to you at a time we are marking the 59th independence (from Britain) anniversary," Rajapakse told troops at Sampur, a strategic coastal town near the Trincomalee port.

The Tigers have admitted losing both Sampur and Vakarai and said they made a "tactical withdrawal" while their main military machinery remained in tact in the island's north.

The military moved to capture the Tiger-held areas in the east following intense artillery duels despite a truce in place since February 2002.

Nearly 4,000 people have been killed in the past year and truce monitors have said the ceasefire is only holding on paper.

Sri Lanka Negotiation Simulation
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Sudan

U.N. refugee agency appeals for more money to aid Darfur refugees

Alfred de Montesquiou, Associated Press, 1/31/07

The U.N. refugee agency appealed Tuesday for additional money to help millions displaced by violence in Darfur as Sudanese, African and U.N. officials negotiate a peacekeeping deal for the troubled region.

Despite a peace agreement signed last May between the Sudanese government and a single rebel group, fighting has only worsened in Darfur, a vast region of western Sudan where more than 200,000 people have been killed and 2.5 million chased from their home since 2003.

"With constant fighting between government troops and rebels opposed to the (peace agreement), as well as regular attacks by Arab militia on African tribes, there is no prospect of return" for the millions of people living in camps, said the United Nation's High Commissioner for Refugees in a statement appealing for funds Tuesday.

Darfur is the world's largest ongoing humanitarian effort, with some 15,000 aid workers, including 1,000 from abroad, according to the U.N.

But 12 humanitarian workers have been killed in the past six months and several aid groups have warned the increasing violence is pushing them to the "breaking point." A major French aid group announced earlier this week it was pulling out of Darfur, while several others say they may do the same if warring factions continue denying them access to civilians and targeting humanitarian workers.

But the UNHCR, which has over 100 staff working in most of Darfur's refugee camps, said it had no intention of leaving the region. Its appeal Tuesday for $19.7 million would cover most of its costs for 2007 in Darfur, said Annette Rehrl, UNHCR's spokeswoman for Sudan.

"We are determined to stay in Darfur; we provide the basic protection and if we go, everything goes," Rehrl said by telephone.

The U.N. and others accuse Sudan's government of arming and directing the janjaweed militias of Arab nomads as part of its counterinsurgency tactics. The UNCHR said in its appeal Tuesday that Arab militias burnt to the ground at least 25 villages in neighboring Chad in recent weeks, and observers in Darfur blame the janjaweed for widespread atrocities against tribes of ethnic African farmers.

The government denies controlling the janjaweed, and in turn accuses Chad of backing the rebel groups that refused a peace agreement.

Khartoum also denies accusations its air force indiscriminately bombs civilians villages.

"We bomb the people who are sabotaging the peace agreement, or rebel factions who attack the army and civilians," said Foreign Ministry spokesman Ali Sadiq. The U.N. says a series of air raids earlier this month killed several villagers and breached cease-fire agreements.

On Monday, U.N. Secretary General Ban Ki-moon met with Sudanese President Omar al-Bashir and urged him to "cease hostilities as an essential foundation for a successful peace process and humanitarian access" in Darfur.

Al-Bashir has opposed a Security Council resolution for some 22,000 U.N. peacekeepers to replace the 7,000-strong AU force deployed in Darfur, but his government appears to be edging toward a comprise deal for U.N. troops to join African ones in a common mission.

"We agreed to accelerate the joint U.N.-AU efforts for the political process and the preparation for a peacekeeping mission," Ban told reporters Monday after meeting with al-Bashir.

Al-Bashir has sent mixed signals for months on the size of any U.N. presence he is willing to allow in Darfur.

Jan Pronk, a former U.N. envoy to Darfur, said Tuesday the world body should rethink its global peacekeeping operations and finance more missions by local or regional peace troops.

Pronk said in a lecture at the Netherlands' Institute of Social Studies that the U.N. could use the money it would spend on its own peacekeeping operation to finance another military force to carry out the task, such as the African Union in Darfur.

"They have good troops," he said, many of them with experience in U.N. peace missions to Bosnia or elsewhere. "I'm very positive about the African Union in Darfur."

Sudanese justice minister: Let Sudan prosecute Darfur crimes itself

Alfred de Montesquiou, Associated Press, 2/1/07

The Sudanese can do a better job prosecuting crimes in Darfur than anyone else, Sudan's justice minister said Wednesday, asserting international courts have no valid reason to investigate suspects in the vast area of western Sudan.

Justice Minister Mohammed Ali al-Mardi spoke as a team from the International Criminal Court was in Khartoum to look into what the United Nations and others describe as war crimes and crimes against humanity in Darfur.

"We as a government are willing and able to try all perpetrators of offenses in Darfur, and for this reason the ICC has absolutely no right to assume any jurisdiction," Justice Minister Mohammed Ali al-Mardi told The Associated Press in an interview. He declined to comment on specifics of the international court mission.

Some top Sudanese officials are believed to be on the list of suspects the U.N. Security Council handed to the international court in 2005 for investigation. Many observers believe Khartoum's fierce rejection of a planned U.N. peacekeeping force for Darfur is linked to government fears the peacekeepers would seek out war crime suspects.

At The Hague, where the international court is based, officials said they would not comment on the investigation. But they confirmed that prosecutor Luis Moreno-Ocampo intended to present his first cases to judges in February.

Sudan is not a party to the statute that governs the International Criminal Court, and the court could only intervene if the government was refusing to investigate, al-Mardi said. He said three special courts have been set up in Darfur by the government.

"Our judges are qualified, experienced and impartial," he said. "They've passed sentences of imprisonment and of capital punishment against civilians, and even against the military, for crimes committed in Darfur."

Al-Mardi did not say how many suspects the courts have tried in connection with violence in Darfur. However, Human Rights Watch and other international rights groups say Sudan does little to prosecute perpetrators of atrocities in Darfur.

For example, the Sudanese judiciary says it received complaints of about 36 rapes in Darfur in 2006, and that eight perpetrators were sentenced to prison. Aid groups working in Darfur say rape is a daily occurrence and that cases last year number in the thousands.

The United Nations says more than 200,000 people have been killed and 2.5 million made refugees by four years of fighting, rape and plunder in Darfur. The U.N. and others accuse the government of having countered local rebel groups by unleashing militias of Arab nomads known as janjaweed who are accused of atrocities against farmers from the region's ethnic African tribes. Washington has labeled the violence genocide.

"Allegations that the government has been arming or masterminding militias known as the janjaweed are absolutely false," al-Mardi said.

He said armed groups of mostly Arab tribesmen in the region were part of regular army forces, not militia, but conceded that "maybe other people misrepresent themselves by wearing police or army uniforms to commit crimes."

"This is human weakness, it happens everywhere, not just Darfur or Sudan," he said.

Like other top government officials, al-Mardi says the violence in Darfur is not ethnic strife, but stems from rebels exploiting the rivalry between cattle herders and farmers. And he said only local courts can make rulings that will be legitimate in the eyes of the people.

Suleiman Baldo, a Sudan expert at the International Center for Transitional Justice, a New York-based rights group, disagreed. He said the government has armed Arabs in Darfur, creating the conditions that have displaced millions and destroyed the balance of power between tribes and the legitimacy of traditional courts.

"It is criminally disingenuous of the government to say it relies on traditional justice, because its policies have destroyed that system," Baldo said by telephone.

He said the Sudanese judiciary was only going after "foot soldiers" in Darfur, and has shown no sign of investigating the "highest circles of power."

The international court, he said, is mandated to go after high-level offenders.

Some 50 names of suspects were handed over to the international court by the U.N. The names remain secret, but the U.N. has separately imposed sanctions on four individuals suspected of war crimes: a high-ranking government official, a general, a militia chief and one rebel leader.

China offers aid for 'peaceful resolution' of Darfur conflict

Mohammed Ali Saeed, Agence France Presse, 2/2/07

Chinese President Hu Jintao offered Sudan assistance for the peaceful resolution of the Darfur conflict Friday but ignored Western pressure to make future aid conditional on the progress made.

"The African Union and the United Nations must play a constructive role in upholding peace in Darfur, advancing regional stability and improving the living conditions of the people," Hu told Sudanese counterpart Omar al-Beshir, according to the website of state-run China Radio International.

"The Chinese side appreciates the efforts by the Sudanese government, the African Union, the United Nations and other concerned nations to resolve the Darfur problem," it quoted Hu as telling Beshir in their Khartoum talks.

"In resolving the Darfur question the following principles should be adhered to -- Sudan's sovereignty and territorial integrity should be respected and dialogue and consultations on the basis of equality should be upheld to peacefully resolve the issue."

Following talks between Hu and Beshir, China agreed to offer 40 million yuan (5.2 million dollars) in unspecified aid and materials for the peaceful resolution of the Darfur question, the radio reported.

The two leaders held "frank, in-depth and fruitful" and reached "consensus... on major regional and international issues," China's official Xinhua news agency said.

The international community, led by Washington which accuses Khartoum of genocide in Darfur, had been hoping that Beijing would use its economic muscle to press Khartoum to accept the deployment of UN peacekeepers in Darfur, where African Union troops have failed to quell the bloodshed.

But Beshir has consistently rejected such a move, accusing Western powers of seeking to use the United Nations as a cover to invade his country and plunder its resources.

Sudanese Foreign Minister Lam Akol said: "The two sides agreed to support the Addis Ababa agreement," referring to the accord calling for a hybrid UN-African Union force in the troubled western Sudanese region.

Hu said Beijing was pleased to see that Khartoum had scored "remarkable achievements in national reconciliation" and had "signed accords with several factions in the north, east and west, thus promoting social stability."

Khartoum has yet to approve the final phase of the three-stage plan for UN forces to supplement the African contingent in Darfur.

More than 200,000 people have died and 2.5 million fled their homes in Darfur as a result of a four-year-old war pitting ethnic minority rebels against government troops and their Arab militia allies.

But China's mild words on Darfur seem to underscore the Asian giant's no-strings-attached stance on doing business in Sudan.

China has agreed to give Sudan an interest-free loan of 100 million yuan (12.8 million dollars), Finance Minister Al-Zubair Ahmed Hassan told reporters.

Beijing also pledged increased cooperation in telecommunications, irrigation, energy and infrastructure, and promised to explore stepping up assistance in human resources, vocational training and health, Xinhua said.

"We are now officially economic partners," Beshir said before heading into his talks with Hu.

The agreements will further boost two-way trade that reached 2.9 billion dollars in the first 11 months of 2006.

China's energy-hungry economy -- the fourth largest in the world -- is badly in need of resources from Sudan and other African countries.

No other country has more clout on the Khartoum government than China, which takes 60 percent of Sudan's total oil output and has repeatedly used its UN Security Council veto power to block further sanctions on the regime.

The China National Petroleum Corporation has huge stakes in Sudan's oil industry, producing around 500,000 barrels per day. China is also building a dam on the Nile, which is currently Africa's largest hydro-electric project.

Hu received a warm welcome Thursday in Liberia, the second leg of his African tour after Cameroon.

Emphasising its commitment to Africa, China said this week it would write off debts owed by 33 African countries as part of a multi-billion-dollar pledge made last year.

Hu is due in Zambia on Saturday.

Genocide in Darfur: A Legal Analysis
Click here to access the Report prepared by the Public International Law & Policy Group.

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