Darfur

Conditions in Sudan Introduction:

The United Nations Commission on Human Rights (UNCHR) was established in 1946 as the main UN legislative body to promote and protect human rights. On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights; its purpose was a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. The Commission provides overall policy guidelines, studies human rights problems, develops and codifies new international norms and monitors the observance of human rights around the world. The Commission provides a forum for States, non-governmental organizations, and thus civil society, to voice their concerns about human rights issues. Along with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, these three documents put forth by the UNCHR are commonly referred to as the International Bill of Human Rights. Recently, attention has been turned to advisory services and technical assistance to overcome obstacles. More emphasis has been placed on the promotion of economic, social and cultural rights, including the protection of the rights of vulnerable groups in society, such as minorities and indigenous people.

History of the problem:

A bitter civil war in the Sudan between the Arab-Muslim North and the predominantly animist-Christian South has been raging since 1956 as an enormous human rights crisis. As the war seemed to be finally ending, another dire humanitarian crisis erupted in the western region of the Sudan known as the Darfur in early 2003. The Arab government in Khartoum launched an ethnic cleansing campaign against rebels in Darfur by proxy, utilizing a rebel Arab militia force, the Janjaweed, to carry out its orders. The Janjaweed has already killed 140,000, raped women and children and continue to pillage, loot, and burn villages all over the Darfur region. The government of Sudan is not fully cooperating with the United Nations to put a stop to this tremendous human rights crisis. Hundreds of thousands of Sudanese refugees fled across the border into neighboring Chad, and millions of Sudanese are internally displaced from the Darfur region. The UNCHR faces a barren landscape that leaves the Sudanese people with no security, food and water shortages, unsanitary health conditions, cross-border raids, and thousands upon thousands of Sudanese dying without peace in the foreseeable future. Since independence from Great Britain, Sudan has been in constant internal conflict for all but 10 years of this period (1972-1982). An Islamic government has presided over national politics, furthering the divide between a Muslim-Arab North, and a largely Christian and animist South. Aside from religious differences, the North has dominated over the South and other regions in all arenas: economic, political, and social. Since the 1970s, Arabs and Africans have been competing for these scare resources within Sudan. The North-South civil war caused more than 2 million deaths and over 4 million people were displaced. Just as the conflict appeared to be coming to a close in 2002-2003 with a series of peace talks and accords, and a cease-fire agreement, new violence erupted in the Darfur region. In February 2003, rebel groups of African Muslims the Sudan Liberation Army and the Justice and Equality Movement who were enraged at the economic and political sidelining of Africans, organized and started revolting against the Khartoum government in Darfur. The Khartoum government quickly responded, striking out against the rebels by providing up to $10,000 to some individuals in private local militias, in addition to massive amounts of weaponry. The government-backed militias, known as the Janjaweed, summarily attacked hundreds of African villages in western Sudan, terrorizing civilians, murdering and maiming men, women, and children, burning homes, stealing food supplies, and blocking foreign international aid. Further, the Janjaweed have carried out systematic campaigns of rape against African and Arab women, in an attempt to weaken tribal ethnic blood lines. Since March 2003, over 140,000 people have been killed, and it is projected that 15,000 will continue to perish each month if intervention does not occur. Interestingly enough, one report shows that only 15% of the deaths have been caused by killings by militias, and the rest have been a result of poor sanitation and the prevalence of disease. The UN reported that the government was carrying out a forced starvation campaign as well, where they froze food distribution in addition to the militias denying people access to food. The Sudanese government denies all allegations of responsibility for the conflict that has broken out. While the history of the conflict between Arabs and Africans dates back many years, the actual evolution of the situation in Darfur has occurred only in the past two years. However, in just that short period of time, the situation has been deemed genocide by the United States, and refugees in Chad and displaced persons in Sudan are waiting for the international community to try and improve the situation. Current situation:

Human rights advocates are encountering stiff resistance from the Sudanese government. There have been several alleged arbitrary arrests and detentions of human rights advocates in connection with their monitoring and reporting on the human rights situation in the Darfur region. There has also been curtailment of freedom of movement of advocates, in particular with regards to access in conflict areas. In July 2004, the situation came to more prominent international attention with a mission by the Secretary-General on IDPs for the purpose of a constructive dialogue with the Sudanese Government, international agencies, and non-governmental organizations. From this mission, it was discovered that many IDPs from the Darfur region expressed a desire to eventually return to their places of origin, but affirmed their unwillingness to return at the time due to the prevailing situation of insecurity and constant fear of attacks. Emphasis was placed on the rights of the IDPs to remain in the settlement areas and on the care of raped and battered women and children. The only positive agreement between the government and the UN is the placement of eight United Nations human rights monitors in the region, which is highly insufficient and ineffective. If the Sudanese government is urged to intensify its cooperation with the international humanitarian community, the need for UNCHR staff in the region is great. Cooperation will be aimed at ensuring swift, effective and sustained assistance and protection for the displaced. The main priority is addressing the issue of insecurity for the IDPs of the Darfur region. The Janjaweed militia must be neutralized or pacified. It was suggested that “since the internally displaced and other civilians in the conflict zones are fearful of all security forces, including the local and national police, international technical cooperation through special training on the ground and possible deployment of civilian police (CIVPOL) or other police officers from African Union countries could help foster confidence in national police protection.”2 In November 2004, as the attacks in Darfur went on unabated, the International Commission of Inquiry on Darfur was formed to investigate reports of violations of international humanitarian law and human rights law in Darfur 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.”3 Even during this inquiry, Sudanese authorities attempted forceful relocation of settlement camps using tear gas and force and the UN has condemned these acts as against international humanitarian and human rights law. The UN has asserted that it is the responsibility of the Sudanese government to protect its people and has claimed that governmental authorities have failed to prevent attacks on civilians by militia members or to bring those responsible to justice. The African Union has established a pioneering peacekeeping presence, but it must be given the mandate to provide protection to civilians as well in the case that the Government of Sudan is unwilling or unable. On March 31, the UN Security Council referred the situation in Darfur to the International Criminal Court for prosecution. Investigators from the ICC have faced the same difficulties in obtaining the full cooperation of the Sudanese government. The Sudanese government has begun the process of setting up a special national court to prosecute crimes in Darfur, but this has been largely seen by many as an attempt to avoid prosecution by the ICC. With more international aid and attention, the dire humanitarian crisis in Darfur could be contained and slowly resolved, but Sudanese cooperation is also desperately needed. Bloc positions:

The international community undoubtedly had a delayed reaction to the humanitarian crisis occurring in the Darfur region of the Sudan, the exacerbation of the crisis in recent months has propelled it into the international spotlight and sparked both outcry and an increase in humanitarian aid. The African Union has had an exceedingly important role to play in the crisis. Eager to illustrate its capacity to resolve Africa’s conflicts, the Union has taken several measures including implementing peace talks and sending observers to Darfur. Though the action has taken a heavy financial toll on the supranational organization, the Union is committed to deploying over 6,000 soldiers and 1,500 civilian police as part of the African Mission in Sudan (AMIS) to monitor the shaky ceasefire in the region, with an additional one to two thousand hopefully to be deployed soon. The French military, which has several hundred troops stationed in Chad and has recently deployed 200 soldiers to Sudanese border areas to help increase security. An organization called the Intergovernmental Authority on Development, or the IGAD, has been formed. It is an East African organization in which Sudan is most directly involved. The IGAD is trying to come up with a viable peacekeeping solution. Manning the efforts of the African Union have been the nations of Chad, Kenya, Nigeria and Rwanda. Chad has been particularly involved in the situation because of the massive influx of Sudanese refugees into its territory. Yet the fact remains that the organization has been unable to agree a way to punish perpetrators of gross human rights violations in Sudan's Darfur region. Despite its historically rocky relationship with the Sudan, the United States has taken a vocal role in condemning the Sudanese government over its actions in Darfur. However, because of its commitments in Iraq and Afghanistan especially, the United States has only offered condemnation and generous financial aid; little is being proposed by the U.S. in terms of military or logistical aid, which would prevent the occurring of human rights violations. In the Security Council, the United States has been the most active in pushing for the imposition of an embargo and sanctions against the Sudanese government for its support of the janjaweed. Initially, a number of Arab states proved reluctant to offer any sort of condemnation of the actions of the Sudanese government or the janjaweed for that matter. However, a Joint Implementation Mechanism, which has been designed to restore security in Darfur, does include members of the League of Arab States as members. The most influential members of the European Union, including France and Germany, have refused the United States appeal for a strong condemnation and sanctions against the Sudanese government. However, the EU as a whole has warned it would impose sanctions if security in the Darfur region did not improve. Dutch Foreign Minister Bernard Bot, representing the rotating EU presidency, has reiterated that the EU is willing to contribute financially and with logistics for the AU mission; however, the Sudanese government must also take steps to disarm the militias. The governments of the United Kingdom and Australia both offered to deploy troops in Darfur but subsequently backed down from their offer. Finally, China and Russia, the two other permanent members of the Security Council have also argued to limit condemnation and criticism of Khartoum and opted to be passive voices in the situation. They too have opposed the imposition of a series of strong sanctions, particularly on oil exports, against the Sudanese government. This appears to be in part due to the fact that both countries have companies with contracts to exploit Sudanese oil reserves. Possible solutions:

The issue of the humanitarian aspect of the crisis in Sudan is pressing. With over 1.2 million displaced, there are immediate needs with respect to food, water, shelter and sanitation. In addition, recent reports suggest that human security in Darfur remains perilous; internally displaced persons in camps, especially women, continue to be abused by the janjaweed when venturing from the camps to procure firewood and other necessities. A practical solution would be to set up camps where people could report human right violations against them. These would have to be made accessible to everyone and set up by international organizations such as the Red Cross, which leads to the most important issue at stake: the people of Darfur need to be taught that what their government is doing against them is not right. In theory, a settlement of Darfur’s provincial issues should not be too difficult. The rebels - who drop their simplistic 'African' versus 'Arab' terminology as soon as they get into details - have no desire to purge Darfur of its indigenous black Arabs. They do not seek self-determination or separation. Their demands, for equitable development, land rights, schools and clinics, and local democracy are perfectly reasonable. Formulae for provincial autonomy are also negotiable. The national issues are more difficult. Settling Darfur’s grievances will mean revisiting many of the Naivasha formulae, which were drafted on a simplified north-south dichotomy. For example, senior government jobs have been divided between the ruling Congress Party and the SPLA: who is going to make concessions to allow Darfur its fair share? The infrastructure of Darfur is close to none, so the government must be encouraged to allow volunteers into the country, or even provide jobs to their own civilians, to work on building roads and railways. To ensure the security of the civilians, the African Union, with the endorsement of the United Nations, should substantially increase the number of monitors, and expand their mandate to protect civilians. The United Nations should maintain pressure on both the Government of Sudan and rebel groups to ensure humanitarian access to people in need. The United Nations can call on the government of Sudan to grant immediate and unrestricted access for humanitarian organizations to address the needs of the civilian population trapped or displaced by the conflict; The refugees currently living on the Chad-Sudan border must also be taken care of. Emphasis should be placed on cooperation between Chadian locals and Darfurian refugees, income generation for women, and the education and trauma counseling of children. Questions to consider:

-As the problem exacerbates, how can the United Nations increase its fundraising efforts so as to provide more much-needed financial assistance?

-Regional security bodies and agreements are also important. Even though the African Union has taken an impressive initiative by deploying troops in Darfur, does it possess the requisite military capability to deal with the problem? States that do possess the capability and desire to intervene, such as the United States and Great Britain, already face significant commitments elsewhere across the globe. Other powers capable of contributing have displayed reluctance to do so.

Thus, how will the logistical and transportation requirements of troop-deployment be met, and how can the UN put pressure on more capable nations to intervene more actively in the conflict?

-What can the UN do to put more international pressure on Sudan to cooperate with relief efforts being put together in the Darfur region? -Should the UN grant the African Union the right to personally intervene in case of an imminent threat to civilians, should the Sudanese government prove itself incapable of doing so?

Sources

The United Nations Office at Geneva. UN EXPERT SAYS COMPREHENSIVE SETTLEMENT NEEDS TO ADDRESS ROOT CAUSES OF DISPLACEMENT IN DARFUR AND ALL SUDAN. 2 August 2004 []

The United Nations Office at Geneva. DARFUR INQUIRY COMMISSION ARRIVES IN SUDAN. 8 November 2004 []

United Nations. Universal Declaration of Human Rights. 10 December, 1948. [] http://www.ohchr.org/english/bodies/chr/docs/

The United Nations Office at Geneva. UN HUMAN RIGHTS EXPERT DEPLORES ONGOING DISPLACEMENT IN DARFUR. 11 November 2004 []

The United Nations Office at Geneva. SECRETARY-GENERAL'S REPRESENTATIVE ON INTERNALLY DISPLACED PERSONS TO VISIT SUDAN. 23 July 2004 []

The United Nations Office at Geneva. UN EXPERT DEEPLY CONCERNED ABOUT SITUATION OF HUMAN RIGHTS DEFENDERS IN DARFUR. 27 May 2004 []

Security Council: Crisis in Sudan, []

De Waal, Alex. Justice Africa. 25th July 2004. []