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Sudan.. Article 4 of the African Union Constitution returns to the forefront

Sudan.. Article 4 of the African Union Constitution returns to the forefront

Due to a Russian “veto”, the Security Council failed, last Monday, to pass a draft resolution that stipulates steps that pave the way for the protection of Sudanese civilians affected by the ongoing war in the country since mid-April 2023..

This comes amid actual indicators in the direction of this step, as media leaks indicated that Intergovernmental Authority for Development in Africa “IGAD” to SudanIt is currently implementing a proposal submitted by its special envoy to Sudan, which stipulates sending an African force of 4,500 individuals consisting of 6 African countries that are not directly related to the Sudanese war.

There is also a trend towards calling for the activation of Article 4 of the Constitution African Union In light of expectations of great international support, given the wide acceptance found in the provisions related to granting the African Union a prominent role in a solution Sudanese crisis According to what was included in the “aborted” draft resolution.

Two simultaneous tracks

The Sudanese Civil Forces Coordination “Taqaddam” said that it will not stand idly by and will make all possible efforts with international and regional parties to find a way out of the crisis.

A prominent human rights activist revealed to Sky News Arabia that there are moves on two tracks, one of which is legal, including submitting a memorandum to the African Union Human Rights Court demanding the activation of Article 4 of the Union’s Constitution.

The second path is political and consists of mobilizing support for the IGAD proposal to send African units to help protect civilians in Sudan and monitor a broader African plan to protect civilians announced in May 2023.

The Commission’s Special Envoy to Sudan proposed the establishment of the Emergency Peace and Security Mechanism, a non-combatant peacekeeping and monitoring body within the framework of the expanded African Union mechanism.

This continental step aims to facilitate the implementation of the Jeddah Declaration through cooperation with key international partners, under the auspices of the Interim Presidential Committee of the African Union, headed by Ugandan President Yoweri Museveni..

The step also includes mechanisms for monitoring compliance with the Jeddah Declaration, reporting violations committed by the Sudanese Armed Forces and the Rapid Support Forces, and recommending accountability measures for human rights violations and war crimes.

The IGAD plan comes after its earlier pledge that it would use all means to protect civilians and reach a solution to the crisis resulting from the war.

In May last year, IGAD approved a mechanism that includes a permanent ceasefire, removing the forces of both sides of the fighting to assembly centers 50 kilometers away from the cities, and deploying African forces to guard strategic institutions..

Political researcher Al-Amin Bilal says to Sky News Arabia: “Possible solutions must be sought, most notably those included in the African Union Constitution as a way out of the obstacles that any international efforts could face within the Security Council, as happened last Monday when Russia used the right to Veto to abort the British draft resolution.

The Secretary points out that if Sudan refuses to abide by the decisions of the African Union stipulated in its founding constitution, Article Four allows for direct regional intervention to protect civilians, promote human rights, and stop violence and violations.

He added: “The groups supporting the army believe that aborting the British draft resolution within the Security Council is something that is in their interest, but on the contrary, this will complicate the situation and will strengthen calls to activate Article 4 approved by the United Nations through the Rome Charter regarding the African Union’s intervention to resolve the crises of member states.” “Therein, through steps including the formation of peacekeeping forces and carrying out civilian protection tasks.”

Possible international support

While critics of the Russian veto believed that the draft resolution would have strengthened civilian protection efforts and increased pressure on the warring parties to agree to a ceasefire by supporting mediation efforts, others pointed out that, regardless of its failure to pass, it established greater international openness towards an African solution.

The draft resolution, which was approved by all member states except Russia, requested the Secretary-General of the United Nations in three of its paragraphs to coordinate with the African Union and use its possible regional mechanisms..

Following the abort of the resolution, British Foreign, Commonwealth and Development Minister David Lammy implied a move towards an African solution, and said: “We will not stop working with our partners in Africa and around the world to help protect civilians in Sudan.”

These movements are taking place in full American coordination, and in accordance with understandings made between the American envoy to Sudan, Tom Perello, and active Sudanese civil groups during meetings held in the Kenyan capital, Nairobi, recently..

Journalist Sabah Muhammad Al-Hassan links the potential African steps to Periello’s speech last October, in which he revealed the opening of communication channels with the African Union to find a monitoring mechanism for current and future agreements, with the aim of protecting civilians in Sudan..

According to Al-Hassan, the war in Sudan has reached a level that makes it difficult to control it without a force separating the warring parties.

She explained: “Military leaders do not have the decision to stop this war, just as they did not have the decision to launch its first shot. Therefore, a greater force is necessary to stop the destruction and devastation resulting from this war.”



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