Holding
228. Based on the above reasoning, the African Commission holds that the Respondent State, the Republic of The Sudan, has violated Articles 1, 4, 5, 6, 7(1), 12 (1) and (2), 14, 16, 18(1) and 22 of the African Charter.
229. The African Commission recommends that the Respondent State should take all necessary and urgent measures to ensure protection of victims of human rights violations in the Darfur Region, including to:
1. conduct effective official investigations into the abuses, committed by members of military forces, i.e. ground and air forces, armed groups and the Janjaweed militia for their role in the Darfur;
2. undertake major reforms of its legislative and judicial framework in order to handle cases of serious and massive human rights violations; 3. take steps to prosecute those responsible for the human rights violations, including murder, rape, arson and destruction of property;
4. take measures to ensure that the victims of human rights abuses are given effective remedies, including restitution and compensation;
5. rehabilitate economic and social infrastructure, such as education, health, water, and agricultural services, in the Darfur provinces in order to provide conditions for return in safety and dignity for the IDPs and Refugees;
6. establish a National Reconciliation Forum to address the long-term sources of conflict, equitable allocation of national resources to the various provinces, including affirmative action for Darfur, resolve issues of land, grazing and water rights, including destocking of livestock;
7. desist from adopting amnesty laws for perpetrators of human rights abuses; and
8. consolidate and finalise pending Peace Agreements.
Adopted during the 45th Ordinary Session, held between 13 and 27 May 2009, Banjul, The Gambia.
