Commission on Human Rights
61th session 14 March-22 April 2005
Written intervention of the International Federation for Human Rights (FIDH),a non-governmental organization with special consultative status
Item 9 of the agenda
Sudan (Darfur)
The International Federation for Human Rights (FIDH) and the Sudan Organization Against Torture (SOAT), its member organization in Sudan, calls upon the UN Commission on Human Rights to adopt a resolution on the human rights situation in the Darfur region.
The FIDH and the SOAT are deeply concerned by the continuing violations of human rights and international humanitarian law in Darfur. The conflict, described by the United Nations as one of the “world’s worst humanitarian crisis” has resulted in the death of an estimated 70,000 people, for the most part civilians, and displaced 1.65 million others.
The signing of Protocols on Improvement of the Humanitarian Situation in Darfur and on the Enhancement of the Security Situation in Darfur on 9th November 2004 in Abuja between the Sudanese government and the two main rebel groups, the Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM) which were expected to reiterate all parties to the conflict commitment to the Humanitarian Ceasefire Agreement signed in N’djamena on 8th April 2004 and their commitment to ending the humanitarian disaster in Darfur has thus far failed to deliever. All parties to the agreement have repeatedly failed to meet their commitments and obligations as enshrined in these agreements and have committed further human rights abuses.
Despite the urgency of finding a resolution to the Darfur situation, on 13th December 2004, rebel groups withdrew from the negotiations, accusing government forces and the Janjaweed militias of launching a renewed army offensive against their positions. Indeed, on 9th and 10th December, the Sudanese government air forces attacked and destroyed three villages near Nyala in the South Darfur, using Antonov airplanes and helicopter gunships: at least 25 civilians were killed and nearly 1500 people fled their villages. Consequently, the AU-sponsored peace talks between the Sudanese government and the SLA and the JEM, which began in Abuja on 23rd August, has been suspended and is due to resume in January 2005.
Since the breakdown of peace talks in December, the interim period has seen an escalation in fighting between the all parties to the peace negotiations with all parties committing grave violations of human rights and international law. Evidence of these violations have been systematically reported and documented. The international commission of enquiry mandated by the UN Security council considered in its report which was made public last February that these violations amount to war crimes and crimes against humanity falling into the jurisdiction of the International criminal court. Violations which include but are not exclusive to a marked increase in Janjaweed militia attacks on civilians; targeting of villages and camps for internally displaced persons(IDPs); forced removal of Fur, Zaghawa and Massaleet communities from their villages; forced relocation of IDPs to insecure areas and lack of adequate protection of and assistance to civilians by the Sudanese government.
Moreover, human rights abuses in the Darfur region including arbitrary arrests and detentions without charge, harassments and widespread recourse to torture are reported regularly. The targeting of certain constituents in the region has resulted in women and children becoming the most vulnerable and targeted group in the conflict by both government forces, government-allied militias (Janjaweed), and rebel groups. Women and girls are increasingly subjected to rape and other forms of sexual violence.
Furthermore, notwithstanding the Protocol on the improvement of the Humanitarian situation in Darfur, several international relief agencies have suspended their operations due to renewed violence between the parties. On 13th December 2004, the international relief organization Save the Children was forced to suspend their humanitarian activities in South Darfur following the death of two of its aid workers. The aid workers were killed after coming under fire while travelling in clearly marked humanitarian vehicles.
The FIDH and the SOAT call upon the UN Commission on Human Rights to adopt a resolution on the situation in Darfur, which:
1. Strongly condemns the massive and repeated violations of human rights and international humanitarian law committed in the Darfur region;
2. Asks for an increase of the number of the AU troops deployed in Darfur and expand the mandate of the AU peace keeping forces to include a clear and specific obligation to ensure the protection of civilians;
3. Asks the UN Security council to refer the situation in Darfur to the Prosecutor of the International Criminal Court;
4. Appoints of a Special mechanism to monitor and report upon the human situation in Darfur
The FIDH and the SOAT call upon the UN Commission on Human Rights to urge the international community to:
1. Continue to exert pressure on all parties in the conflict to reach to a political peace settlement, particularly building on the basis of the November agreements;
2. Take measures to ensure that parties to the conflict respect the November Protocols, and to adopt effective punitive measures against the defaulting parties;
3. Provide the necessary support to all international agencies and humanitarian organizations in order to ensure immediate, full, safe and unhindered access to the affected people in Darfur and to facilitate delivery of humanitarian assistance to these people;
4. Work towards creating the conditions of security, which will permit civilians to return safely to their homes of origin.
The FIDH and the SOAT call upon the UN Commission on Human Rights to urge all parties to the conflict to:
1. Bring about an immediate and definitive cessation of hostilities;
2. Carry on the negotiations to reach a political peace process;
3. Strictly respect the ceasefire agreement concluded in April, the Abuja Protocols signed on 9th November 2004 and their obligation;
4. Condemn all violations of human rights and international humanitarian law committed by their own troops and engage judicial procedures against their alleged authors, in accordance with international human rights provisions.
The FIDH and the SOAT call upon the UN Commission on Human Rights to urge the government of Sudan to:
1. Halt immediately all attacks against civilians in Darfur and put an end to the grave violations of human rights;
2. Investigate war crimes and crimes against humanity and to bring the perpetrators to justice ;
3. Take all necessary measures to ensure the physical and psychological rehabilitation of all the
victims of human rights abuses in the region and to ensure the access to justice for all;
4. Disarm armed militias immediately in accordance with the UN Security Council resolution 1564 and cease all support, including the provision of supplies, to them;
5. Guarantee the respect of the fundamental standards of international humanitarian law and human rights instruments to which it is bound, particularly its obligation to protect civilian populations.