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Publication Date

January 2007

Abstract

The Public International Law & Policy Group's (PILPG) Peace Agreement Drafting Guide: Darfur is a comprehensive peace agreement drafting handbook tailored to the upcoming Darfur peace negotiations. The drafting guide presents core elements of relevant topics, outlines the Darfur Peace Agreement (DPA) provisions related to those topics, and provides sample language parties may wish to consider when drafting future provisions.

The Darfur Peace Agreement is divided into six chapters: Power Sharing, Wealth Sharing, Ceasefire and Final Security Arrangements, Darfur-Darfur Dialogue and Consultation, General Provisions, and Implementation Modalities and Timelines. The Darfur Peace Agreement also includes six annextures detailing previous agreements reached by the parties, including those negotiated in N'JDjamena, Chad; Addis-Ababa, Ethiopia; and Abuja, Nigeria.

PILPG's Peace Agreement Drafting Guide: Darfur draws on the subject matter addressed in the DPA chapters and annextures and identifies 24 topics covered by the DPA. Each of the 24 chapters of this drafting guide is dedicated to one of those topics. These topics include power sharing, wealth sharing, human rights protections, ceasefire and disarmament, demobilization, and reintegration, among others. Each chapter is divided into four sections including: an introduction, analysis of the core elements of each topic, a summary of the DPA language related to the topic, and sample language the parties may wish to consider when drafting provisions related to the topic. While the DPA is organized by subject matter, the 24 chapters of the Peace Agreement Drafting Guide: Darfur are organized alphabetically for ease of use.

The Core Elements section of each chapter presents comparative state practice regarding the various mechanisms parties may use to address the topic covered in each chapter. The section headings within each core elements chapter correspond to the Sample Language provisions included later in each chapter. For example, the Core Elements section of the Displaced Persons chapter identifies the issues encountered by states with displaced persons and outlines the mechanisms states have used to facilitate the return of displaced persons.

The Darfur Peace Agreement section of each chapter then outlines the provisions of the DPA that address the topic covered in each chapter. For example, the Darfur Peace Agreement section of the Displaced Persons chapter outlines how the DPA defines displaced persons, provides guarantees by all parties regarding the return of displaced persons, defines the rights of the displaced persons, and creates implementation and enforcement mechanisms to facilitate the return of displaced persons.

Finally, the Sample Language section of each chapter provides language parties may wish to consider when drafting provisions of a peace agreement that address the topic covered in each chapter. This sample language is drawn from related provisions used by other states in peace negotiations, post-conflict constitutions, and various legislation. The Sample Language is organized to correspond to the section headings presented in the Core Elements section. For example, the Sample Language of the Displaced Persons section provides possible definitions of displaced persons, mechanisms states have used to guarantee safety to displaced persons returning to their places of origin, various provisions states have used to grant rights to displaced persons, and institutional mechanisms states have created to enforce the rights of displaced persons.

Please see the Table of Contents of the Peace Agreement Drafting Guide: Darfur for a full list of topics covered in this peace agreement drafting handbook.

Publisher

Public International Law & Policy Group

Peace Agreement Drafting Guide: Darfur

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