[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Presidential Documents]
[Pages 71213-71217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24901]


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  Federal Register / Vol. 85 , No. 216 / Friday, November 6, 2020 / 
Presidential Documents  

[[Page 71213]]


                The President

                
Memorandum of October 26, 2020

                Certification Pursuant to Section 6(E) of the 
                Comprehensive Peace in Sudan Act of 2004 (Public Law 
                108-497), as Amended by the Darfur Peace and 
                Accountability Act of 2006 (Public Law 109-344)

                Pursuant to section 6(e) of the Comprehensive Peace in 
                Sudan Act of 2004 (Public Law 108-497), as amended by 
                the Darfur Peace and Accountability Act of 2006 (Public 
                Law 109-344), I hereby certify that the Government of 
                Sudan has taken demonstrable steps to: (A) ensure that 
                the armed forces of Sudan and any associated militias 
                are not committing atrocities or obstructing human 
                rights monitors or the provision of humanitarian 
                assistance; (B) demobilize and disarm militias 
                supported or created by the Government of Sudan; (C) 
                allow full and unfettered humanitarian assistance to 
                all regions of Sudan, including the Darfur region; (D) 
                allow an international commission of inquiry to conduct 
                an investigation of atrocities in the Darfur region, in 
                a manner consistent with United Nations Security 
                Council Resolution 1564 (September 18, 2004), to 
                investigate reports of violations of international 
                humanitarian law and human rights law in the Darfur 
                region by all parties, to determine also whether or not 
                acts of genocide have occurred and to identify the 
                perpetrators of such violations with a view to ensuring 
                that those responsible are held accountable; (E) 
                cooperate fully with the African Union, the United 
                Nations, and all other observer, monitoring, and 
                protection missions mandated to operate in Sudan; (F) 
                permit the safe and voluntary return of displaced 
                persons and refugees to their homes and rebuild the 
                communities destroyed in the violence; and (G) 
                implement the final agreements reached in the Naivasha 
                peace process and install a new coalition government 
                based on the Nairobi Declaration on the Final Phase of 
                Peace in the Sudan signed on June 5, 2004.

                The Secretary of State is authorized and directed to 
                publish this Certification in the Federal Register, 
                along with the accompanying Memorandum of 
                Justification.

[[Page 71215]]

                MEMORANDUM OF JUSTIFICATION REGARDING THE PRESIDENT'S 
                CERTIFICATION UNDER SECTION 6(E) OF THE COMPREHENSIVE 
                PEACE IN SUDAN ACT OF 2004 (Pub.L. 108-497), AS AMENDED 
                BY THE DARFUR PEACE AND ACCOUNTABILITY ACT OF 2006 
                (Pub.L. 109-344)

                Pursuant to section 6(e) of the Comprehensive Peace in 
                Sudan Act of 2004 (Pub.L. 108-497), as amended by the 
                Darfur Peace and Accountability Act of 2006 (Pub.L. 
                109-344), the President has certified that the 
                Government of Sudan has taken demonstrable steps in 
                accordance with section 12(a)(2) of the Sudan Peace Act 
                of 2002, as amended, (Pub.L. 107-245). While the 
                Administration will continue to press for further 
                progress, including with regard to human rights-related 
                concerns involving the security services, the 
                justification for this certification, set forth below, 
                represents a series of demonstrable steps meeting the 
                requirements of that provision.

                The Government of Sudan, most recently under the 
                leadership of the Civilian-Led Transitional Government 
                (CLTG) has taken the following demonstrable steps, 
                among others, to ensure that the armed forces of Sudan 
                and any associated militias are not committing 
                atrocities or obstructing human rights monitors or the 
                provision of humanitarian assistance:

 The CLTG, through the adoption of a Constitutional Declaration on 
August 17, 2019, has committed to respect and promote human rights and 
fundamental freedoms; address the root causes of conflict; establish 
accountability mechanisms for the security forces; and conduct security 
sector reform.

 The CLTG signed an agreement on September 25, 2019, with the 
Office of the UN High Commissioner for Human Rights to allow the opening of 
a UN Human Rights Office in Khartoum and field offices in Darfur, Blue 
Nile, Southern Kordofan, and East Sudan. The Khartoum office was 
subsequently opened.

 In September 2019, the Minister of Labor and Social Affairs 
instructed all Sudanese government entities to remove all restrictions on 
humanitarian access, including any pre-approval requirements for travel.

                The Government of Sudan has taken the following 
                demonstrable steps, among others, to demobilize and 
                disarm militias supported or created by the Government 
                of Sudan:

 On July 14, 2011, the Government of Sudan signed a protocol 
agreement committing itself to the terms of the Doha Document for Peace in 
Darfur, which included a commitment on the part of the government to disarm 
and disband all militia groups in Darfur.

 In accordance with the Doha Document for Peace in Darfur, the 
Government of Sudan worked with the United Nations--African Union Hybrid 
Operation in Darfur to demobilize over 10,000 former combatants from across 
Darfur.

 The Government of Sudan collaborated with the United Nations--
African Union Hybrid Operation in Darfur in a region-wide arms collection 
campaign in 2018 in line with the Doha Document for Peace in Darfur.

[[Page 71216]]

 The Government of Sudan created the Rapid Support Forces (RSF)--a 
Government of Sudan security force--into which elements of former militias 
supported or created by the Government of Sudan were incorporated. In 2017, 
the Rapid Support Forces Act integrated the RSF into the Sudan Armed 
Forces. The Constitutional Declaration, signed in August 2019, declares the 
Sovereignty Council the Supreme Commander of the RSF and describes it and 
the Sudanese Armed Forces (SAF) as ``national military institutions.''

 The Government of Sudan has ceased support to certain private 
militias, and we have no evidence of ongoing support.

                The Government of Sudan has taken the following 
                demonstrable steps, among others, to allow full and 
                unfettered humanitarian assistance to all regions of 
                Sudan, including the Darfur region:

 In September 2019, Prime Minister Abdalla Hamdok agreed with the 
United Nations that his government would ensure unfettered humanitarian 
access.

 The CLTG has issued directives to provide unfettered humanitarian 
access to all parts of Sudan. In October 2019, the Humanitarian Aid 
Commission informed the humanitarian community that all restrictions on 
humanitarian access had been lifted. The Humanitarian Aid Commission issued 
instructions to this effect to relevant local and provincial entities.

 Humanitarian groups report that these directives have had the net 
effect of easing significantly their access to many parts of Sudan, 
including in Darfur, and have allowed them to access areas of the country 
that were previously inaccessible to them.

 Prime Minister Hamdok worked with humanitarian agencies to obtain 
permission for the first cross-border deliveries of humanitarian assistance 
into armed opposition-held areas of South Kordofan.

 The CLTG has prioritized negotiation of humanitarian access in its 
ongoing discussions with armed opposition groups.

                The Government of Sudan has taken the following 
                demonstrable steps, among others, to allow an 
                international commission of inquiry to conduct an 
                investigation of atrocities in the Darfur region, in a 
                manner consistent with United Nations Security Council 
                Resolution 1564 (September 18, 2004), to investigate 
                reports of violations of international humanitarian law 
                and human rights law in the Darfur region by all 
                parties, to determine also whether or not acts of 
                genocide have occurred and to identify the perpetrators 
                of such violations with a view to ensuring that those 
                responsible are held accountable:

 The Government of Sudan facilitated the work of the International 
Commission of Inquiry on Darfur between November 2004 and January 2005, 
including through regular meetings with the Commission, permitting the 
Commission to travel and hold meetings in Khartoum and Darfur, and 
permitting the work of the Commission's investigative team in Darfur from 
November 2004 to January 2005. The International Commission of Inquiry on 
Darfur presented its final report to the UN Secretary General on January 
25, 2005.

 The CLTG, through the adoption of a Constitutional Declaration on 
August 17, 2019, has committed to holding accountable under the law those 
responsible for all crimes committed against the Sudanese people since 
1989, and beginning the implementation of measures of transitional justice 
and accountability for war crimes and crimes against humanity, including 
bringing perpetrators before national and international courts under the 
principle of no impunity.

                The Government of Sudan has taken the following 
                demonstrable steps, among others, to cooperate fully 
                with the African Union, the United Nations, and all 
                other observer, monitoring, and protection missions 
                mandated to operate in Sudan:

[[Page 71217]]

 The Government of Sudan engages regularly with the United 
Nations--African Union Hybrid Assistance Mission in Darfur (UNAMID) and is 
working to facilitate its operations.

 The CLTG is cooperating with the United Nations, the African 
Union, and the other stakeholders in the deployment of the UN Integrated 
Assistance Mission in Sudan, (UNITAMS), the follow-on UN Special Political 
Mission that will likely replace UNAMID.

                The Government of Sudan has taken the following 
                demonstrable steps, among others, to permit the safe 
                and voluntary return of displaced persons and refugees 
                to their homes and rebuild the communities destroyed in 
                the violence:

 On July 14, 2011, the Government of Sudan signed a protocol 
agreement committing itself to the terms of the Doha Document for Peace in 
Darfur, which included a commitment on the part of the government to 
facilitate voluntary return of displaced persons and refugees to their 
homes, to restore their property, and to compensate them for any losses.

 The CLTG, through the adoption of a Constitutional Declaration on 
August 17, 2019, has committed to work to address the root causes of 
conflict and marginalization; to include as fundamental issues in peace 
negotiations with the armed opposition groups the compensation and return 
of property to victims, the reconstruction of areas affected by war, and 
the voluntary return and sustainable solutions for issues of IDPs and 
refugees; and to work to achieve comprehensive agreements with armed 
opposition groups.

 The Government of Sudan, the Government of Chad, and UNHCR signed 
two Tripartite Agreements in April 2018, the first of which establishes the 
modalities for the voluntary return of Chadian refugees in Sudan, and the 
second for the voluntary return of Sudanese refugees in Chad.

 The CLTG launched negotiations with armed opposition groups of the 
Sudan Revolutionary Front in October 2019 and has finalized seven of eight 
protocols of a final peace agreement and continues to work towards a 
comprehensive peace agreement with other armed opposition groups.

 According to a 2020 OCHA report, nearly 300,000 Sudanese refugees 
have returned to Sudan.

                The Government of Sudan has taken the following 
                demonstrable steps, among others, to implement the 
                final agreements reached in the Naivasha peace process 
                and install a new coalition government based on the 
                Nairobi Declaration on the Final Phase of Peace in the 
                Sudan signed on June 5, 2004:

 The Government of Sudan signed a Comprehensive Peace Agreement 
(CPA) with the Sudan People's Liberation Movement/Army (SPLM/A) on January 
9, 2005.

 The Government of Sudan formed the Government of National Unity in 
September 2005, followed by a January 2011 referendum, leading to the 
creation of the independent nation of South Sudan on July 9, 2011.


                    (Presidential Sig.)

                THE WHITE HOUSE,

                    October 26, 2020.

[FR Doc. 2020-24901
Filed 11-5-20; 11:15 am]
Billing code 4710-10-P