HR22 HD1

WHEREAS, on September 1, 1969, while receiving medical treatment in Turkey, King Sidi Muhammad Idris al-Mahdi al-Senussi (Idris I) of Libya was deposed by military coup forces led by Captain Muammar Abu Minyar al-Gaddafi; and

WHEREAS, the Crown Prince, Sayyid Hasan ar-Rida al-Mahdi as-Sanussi became King following the coup, but was likewise deposed and placed under house arrest on September 1, 1969; and

WHEREAS, the removal of both the King and Crown Prince resulted in the dissolution of the monarchy and the foundation of the Al-Jamāhīriyyah al-`Arabiyyah al-Lībiyyah aš-Ša`biyyah al-Ištirākiyyah al-`Udhmā, with Colonel Gaddafi installed as the de facto leader; and

WHEREAS, the installation of Colonel Gaddafi as the de facto leader of Libya by coup resulted in radical ideologies, including among others, a strong aspiration to create an Arab belt across the Sahel, causing political tensions between Sudan, Libya, and Chad; and

WHEREAS, President Gadaffi established the Islamic Legion, an insurgency force comprised of Libyan-trained mercenaries recruited from across Northern and Western Africa, to facilitate both the destabilization of legitimate governments and the proliferation of Libyan power across Africa; and

WHEREAS, as a result of the formation of the Islamic Legion, Darfur became a focal point for insurgency and counter-insurgency, leading to great strife and widespread conflict throughout the 1980s; and

WHEREAS, many villages, homes, livestock, and human lives were destroyed as a result of the conflict; and

WHEREAS, on July 21, 2001, a group of indigenous Zaghawa and Fur peoples met in Abu Gamra in North Dafur and swore oaths on the Qu'ran to work together to defend against government-sponsored attacks on their villages, forming a unified rebel movement; and

WHEREAS, at 5:30 pm on April 25, 2003, a highly organized rebel strike force, composed of Sudan Liberation Army (SLA) and Justice Equality Movement (JEM) forces in 33 Toyota Land Cruisers attacked a Sudanese Air Force installation in al-Fashir, leading to the destruction of An-24 "Coke" tactical bombers and Mi-24 "Hind" assault helicopters, the death of 75 Sudanese soldiers, pilots, and technicians, and the capture of 32 individuals, including the installation commander; and

WHEREAS, the al-Fashir raid resulted in a massive escalation of hostilities, leading to the Sudanese government waging total war with its conventional forces, as well as making use of the Janjaweed Militia ("devils on horseback"), a paramilitary force which utilized rape, mutilation, torture, and other tactics of brutality; and

WHEREAS, the Janjaweed Militia was instrumental in devastating not only the rebel forces, but particularly non-Arab populations, causing the displacement of millions from their homes and the death of thousands; and

WHEREAS, in 2004, Chad brokered negotiations in N'Djamena, leading to the April 8 Humanitarian Ceasefire Agreement between the Sudanese Government, JEM, and SLA, but the Janjaweed Militia and other rebel attacks have continued since the ceasefire; and

WHEREAS, continued strife and increasing escalation led to the United Nations approving a resolution to send a peacekeeping force to the region on August 31, 2006, but the deployment plan was indefinitely suspended due to Sudanese opposition; and

WHEREAS, peacekeeping in Sudan and protection of foreign aid workers is currently the responsibility of the African Union (AU) which is ill-equipped and under-funded; and

WHEREAS, the Sudanese Armed Forces is suspected of continuing to launch deliberate and unprovoked attacks on civilians; and

WHEREAS, it is estimated that to date, some 400,000 persons have lost their lives and two million persons have been displaced or driven from their homes by the Darfur conflict; and

WHEREAS, the condition in Sudan is expected to worsen; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007 that to form a more perfect world, establish justice, ensure domestic and international tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish the following recommendations by resolution to the following entities and organizations, on behalf of the people of Darfur, who have suffered for decades under the shadow of famine, warfare, and strife:

(1) To the United Nations Security Council (UNSC), to introduce and pass a resolution that:

(a) Condemns the violations of international humanitarian law committed by all parties in the conflict in Darfur, particularly the indiscriminate targeting of civilians and the obstruction of humanitarian assistance by the government;

(b) Calls for internationally facilitated political negotiations between government and rebels in Darfur, the initial aim of which would be an internationally monitored ceasefire;

(c) Supports the ongoing humanitarian diplomacy of the Under Secretary General for Humanitarian Affairs, and the Special Envoy for Humanitarian Affairs in Sudan;

(d) Urges swift conclusion of the Inter-Governmental Authority on Development (IGAD) peace talks and indicates a willingness to support a fully comprehensive government/Sudan People's Liberation Army (SPLA) peace agreement; and

(e) Mandates a United Nations (UN) enforced No Fly Zone (NFZ) over Darfur for the purpose of protecting humanitarian assistance flights and preventing further air strikes against Darfur inhabitants;

(2) To the United Nations High Commissioner for Refugees: ensure that refugees and internally displaced persons (IDPs) can return to their original villages and towns and coordinate international funding and assistance for their repatriation and resettlement;

(3) To the European Union: sponsor and provide full logistical and personnel support, including both manpower and units, for the full implementation of a UNSC mandated NFZ over Darfur;

(4) To the Government of Sudan:

(a) Commit to internationally facilitated political negotiations with the Darfur rebels, the initial aim of which would be an internationally monitored ceasefire;

(b) Order an immediate end to attacks by government forces and militias on civilians and civilian targets in Darfur;

(d) Cease all assistance to the Janjaweed and other militias, begin a transparent peace process aimed at disarming them, and prosecute those who continue to attack civilians;

(e) Order government security forces to protect civilians against armed groups;

(f) Allow full humanitarian access to the affected populations for the delivery of emergency relief and reconstruction assistance and accept international observation of the use of that relief and assistance;

(g) Ensure the safe return of villagers displaced by the conflict to their original locations and assist them in rebuilding their villages;

(h) Negotiate establishment of a Neutral Resettlement and Claims Commission composed of representatives of the government, the Darfur rebels and civil society representatives known for their integrity, chaired by a UN representative, and with a mandate to:

(i) Record criminal complaints against groups or individuals for injuries, wrongful deaths, and material losses such as livestock and household and commercial goods looted;

(ii) Create mechanisms for restitution, compensation, and investigation of charges by victims; and

(iii) Collaborate with investigations by responsible third parties such as the Civilian Protection Monitoring Team (CPMT) into violations of international law;

and

(i) Allow the CPMT to begin immediately investigating allegations of attacks against civilians in Darfur;

(5) To the Janjaweed Militia: cease all attacks on civilian targets and respect international humanitarian law;

(6) To the SLA and JEM:

(a) Commit to internationally facilitated political negotiations with the government, the initial aim of which would be an internationally monitored ceasefire; and

(b) Allow full humanitarian access to the affected populations for the delivery of emergency relief and reconstruction assistance;

and

(7) To the SPLA: accept the link between the two conflicts and help in efforts to promote a peaceful settlement in Darfur while negotiating in good faith the remaining issues at the IGAD peace talks;

and

BE IT FURTHER RESOLVED that this body extends its deepest condolences to the families of the bold, courageous, and innocent who have lost their lives in the ongoing crisis in Darfur; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to:

(1) The President of the United States of America;

(2) The President of the United Nations Security Council;

(3) The President of the United Nations General Assembly;

(4) The Secretary-General of the United Nations;

(5) The United Nations High Commissioner for Refugees;

(6) The President of the European Commission; and

(7) The President of the Government of Sudan.

Report Title:

Legislature Recommendations Regarding Sudan

HOUSE OF REPRESENTATIVES	H.R. NO.	22
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII