Memorandum submitted by Amnesty International
UK
Amnesty International is a worldwide membership
movement. Our vision is of a world in which every person enjoys
all of the human rights enshrined in the Universal Declaration
of Human Rights. We promote all human rights and undertake research
and action focussed on preventing grave abuses of the rights to
physical and mental integrity, freedom of conscience and expression
and freedom from discrimination.
INTRODUCTION
1. Amnesty International has followed the
human rights situation in Sudan and Darfur closely for many years.
In January 2003 Amnesty International delegates visited Sudan,
including Darfur, and held discussions with the governor in North
Darfur State and leaders of the police and judiciary. At the time,
one month before the formation of the opposition Sudanese Liberation
Army (SLA) triggered militia and government attacks on sedentary
populations, Amnesty International called on the government to
set up a national commission of inquiry into the deteriorating
human rights situation in Darfur and to implement its recommendations.
It also urged the international community not to allow the conflict
to "escalate into all-out war." [6]
2. In April 2003, as attacks on civilians
increased, the organisation called for an international Commission
of Inquiry. In a report in July 2003[7]
Amnesty International raised human rights concerns in northern
Sudan, including the deteriorating situation in Darfur. Amnesty
International also requested that the peace process, underway
to resolve the conflict in southern Sudan, address human rights
issues in all parts of Sudan. Without having received access from
the Sudanese government to visit Darfur at the height of the conflict,
Amnesty International delegates carried out research among Sudanese
refugees in Chad in November 2003 and May 2004 and published five
reports between February and August 2004 detailing human rights
violations. [8]
3. When Amnesty International raised its
concerns about rising attacks on civilians in Darfur with the
diplomatic community, it was repeatedly told that Darfur was raised
privately with the Sudanese government but not publicly as this
could jeopardise the North-South peace process. It is only in
February 2004 that foreign governments started to voice their
concerns over Darfur publicly. Amnesty International thinks that
international condemnation and attention over the abuses in Darfur
has come very late.
4. International attention has shifted from
one area to another in Sudan in a "fire-fighting" pattern
rather than a coherent, comprehensive approach to the overall
situation in the country. However, lessons must be learned and
solutions developed that offer timely, effective and long-lasting
protection of human rights. Similar patterns of attacks against
civilians and forced displacement have occurred and are still
occurring in other areas of Sudan. In order to break this cycle,
it is therefore crucial that respect for human rights is strengthened
in Sudan as a whole.
5. Amnesty International views the crisis
in Darfur Sudan as a humanitarian, human rights and political
crisis. Unless it is addressed on all three levels it remains
unlikely that there will be a sustainable peace throughout Sudan.
The key messages of this submission are that:
— human rights abuses are still occurring
in Darfur; and
— protecting human rights throughout
Sudan should be a priority for the government of Sudan, the armed
opposition groups and the international community.
Human rights abuses are still occurring in Darfur
6. An Amnesty International delegation led
by Irene Khan visited Khartoum and Darfur between 13 and 21 September.
The delegation met with a range of individuals, including senior
Sudanese government officials, members of civil society and UN
officials. They spoke to hundreds of displaced persons in camps
and towns in North, South and West Darfur as well as in Khartoum.
They found that civilians are still at risk of unlawful killing
and other human rights violations as conflict continues in many
parts of Darfur and as other areas come under attack.
7. The lack of protection for civilians
remains Amnesty International's overarching concern. There is
a total lack of confidence among the displaced populations in
Darfur towards government institutions. The Sudanese government
has introduced new police officers into Darfur yet the internally
displaced populations still do not trust the police. In addition
there are multiple testimonies that former government-aligned
Janjawid militiamen have been integrated into the formal
government security forces, including the army and the police.
8. Amnesty International delegates also
received further reports of large-scale rape and sexual slavery
dating from the period before the ceasefire of 8 April 2004. They
were also told of recent individual rape cases, usually of women
gathering wood or grass outside displaced camps, which had been
inadequately followed up by police. No one is known to have been
convicted of rape in relation to the conflict.
9. People continue to be detained without
trial and often tortured for giving information or for speaking
out about the situation in Sudan, and the government has failed
to respect international standards for law enforcement and for
fair trial. In some places, such as Abu Shouk camp in al-Fasher,
scores of displaced people were arrested in July and August 2004
reportedly for speaking to foreign delegations or African Union
monitors. Some detainees were allegedly beaten or ill-treated.
In Omdurman and Khartoum in September 2004, two people died on
the day of their arrest, reportedly after being beaten. They had
been arrested with scores of members of the Popular Congress,
an opposition party said to be linked to the Justice and Equality
Movement (JEM), on suspicion of plotting a coup. A month later,
none of the detainees was known to have had access to lawyers.
Arrests of civilians suspected of links with the armed groups,
often on account of their ethnicity have continued throughout
October 2004.
10. Armed opposition groups have also committed
human rights abuses. Amnesty International delegates visited Musai
camp, near Nyala, and heard testimonies from displaced members
of nomadic groups of killings and rapes by the SLA. JEM and SLA
forces have attacked humanitarian convoys and abducted humanitarian
workers, therefore preventing free movement of humanitarian aid.
Though most of those abducted have eventually been released unharmed,
some Sudanese civilians have reportedly been killed, including
two members of staff of the Committee for the Eradication of the
Abduction of Women and Children.
Protecting human rights throughout Sudan should
be the priority
11. The crisis in Sudan must be addressed
in a comprehensive manner that ensures the protection and respect
of human rights for all. Impunity for human rights violations,
the lack of freedom of expression or association, harsh conditions
of detention, routine torture, unfair trials and an unreformed
judiciary, human rights violations against women, the misuse of
militias and arms proliferation are all issues that need to be
addressed urgently.
12. All parties to the conflict should commit
publicly to respecting international human rights and humanitarian
law in Sudan. The Government of Sudan, the JEM and the SLA should
issue clear instructions to all combatants under their control
not to kill civilians or use rape or other forms of sexual violence
against women. Human rights should be placed at the centre of
the peace talks and the international community should put its
weight behind the peace process to ensure that it is based on
respecting, protecting and upholding human rights.
13. Tackling the human rights crisis in
Darfur requires concrete action from all parties to the conflict
and the international community. The Sudanese Government should
protect citizens by:
— disarming and disbanding immediately
the Janjawid militias including those members who have
been incorporated into the Popular Defence Forces, the People's
Police and other paramilitary forces and which have been involved
in attacks on civilians;
— removing anyone suspected of violations
of international human rights or humanitarian law from a position
where they could continue to commit such acts;
— ensuring that the Sudanese police
are properly trained in international human rights standards,
and that they investigate promptly all allegations of human rights
abuses;
— cooperating fully with the monitoring
missions of the African Union (AU) and the UN and other international
monitors;
— allowing full and free access for
humanitarian and human rights organisations to all parts of Sudan;
and
Sudan: Darfur: Incommunicado detention, torture
and special courts (AFR 54/058/2004, May
2004);
Sudan: At the mercy of killers—destruction
of villages in Darfur (AFR 54/072/2004,
June 2004);
Sudan: Darfur: Rape as a weapon of war—sexual
violence and its consequences (AFR 54/076/2004,
19 July 2004);
Sudan: Intimidation and denial—Attacks on
freedom of expression in Darfur (AFR 54/101/2004,
August 2004).
— abandoning the concept of "safe
areas", as defined in the August Plan of Action agreed by
the UN and the Sudanese government. There is a risk that "safe
areas" will institutionalise the displacement of people,
and that government plans to extend existing "safe areas"
will lead to additional confrontations with the armed opposition
groups.
14. The armed opposition groups must stop
human rights abuses. The SLA and the JEM must respect international
humanitarian law. In particular they should refrain from all attacks
on civilians or civilian objects and humanitarian convoys. Anyone
suspected of violations of international humanitarian law should
be removed from positions where they can continue to commit abuses.
15. The Sudanese government should reform
the justice system. The system of justice in Sudan has failed
to protect those who have suffered human rights violations by
the state and by government-supported militias. Reform of the
justice system in Darfur is essential to restore confidence in
the rule of law. The Sudanese government should:
— release immediately and unconditionally
all prisoners of conscience, arrested solely for the non-violent
expression of their opinions;
— amend the decrees instituting the
Specialized Criminal Courts in Darfur to ensure fair trial without
the possibility of the death penalty or cruel, inhuman or degrading
punishments;
— ensure that all detainees have prompt
access to a judicial authority, lawyers and families. Article
31 of the National Security Forces Act, which allows detention
without charge for up to nine months, should be amended immediately
as well as Article 33, which gives immunity to members of the
security forces; and
— ensure that all places of detention
are registered and inspected by an inspectorate service under
the Ministry of Justice. This inspectorate should have access
to every detention centre in Sudan; investigate promptly and impartially
cases of torture and other human rights abuses and bring perpetrators
to justice.
16. Impunity is a major impediment to the
realisation of human rights in Sudan. The Sudanese government
should end impunity. It should acknowledge its responsibility
for the crisis in Darfur. It should condemn attacks against civilians
and other grave human rights violations committed by armed militias,
government ground forces or the Sudanese air force during the
conflict. To date impunity has not been addressed by the Sudanese
government. A failure to tackle this issue can only result in
the continuation of human rights violations in Darfur and elsewhere.
Therefore the government should ensure that:
— past and present allegations of human
rights violations, including killings and sexual violence, are
promptly, thoroughly and independently investigated, and that
those suspected of being responsible are brought to justice in
trials that meet international standards of fairness without the
possibility of the death penalty or other cruel, inhuman or degrading
punishments; and
— victims are protected and have access
to redress, including compensation and restitution.
17. If the national justice system is not
able or willing to bring those suspected of war crimes or crimes
against humanity to justice, the newly established UN international
Commission of Inquiry should consider other mechanisms of international
justice.
18. Amnesty International welcomes the establishment
by the Security Council of an independent UN international Commission
of Inquiry to investigate reports of violations of international
humanitarian law and human rights and determine whether acts of
genocide have occurred. The Commission of Inquiry has strong expertise
in human rights and international law. The international community
should ensure that the Commission is effective. The Commission's
specific terms of reference should include:
— an investigation into the extent
of war crimes and crimes against humanity committed by all parties,
including through forensic examination of graves; systematic documentation
of sexual violence and rape; compiling lists of people killed
and mapping of villages that have been destroyed;
— the development of a comprehensive
plan for ensuring that perpetrators are brought to justice including
by examining the capacity of the Sudanese justice system to do
so and exploring transitional and complementary approaches to
ensure justice for the victims. As part of these transitional
and complementary approaches, the Commission should consider the
exercise of jurisdiction: before the courts of third states; or
by the International Criminal Court, either through a declaration
by Sudan under Article 12(3) of the Rome Statute, or by a referral
by the Security Council according to Article 13(b) of the same
instrument; and the establishment of mixed Sudanese/international
tribunals;
— the development of a method for eradicating
impunity and achieving full reparations for victims of the human
rights abuses, including restitution, compensation, rehabilitation,
satisfaction and guarantees of non repetition;
— a commitment to making public its
findings and recommendations within a reasonable period of time;
and
— ways to protect victims of human
rights violations and those giving evidence to the Commission.
19. The international community should commit
to a strategy to protect civilians. The safe, voluntary and sustainable
return of all displaced people to their homes must remain the
ultimate human rights goal to solve the Darfur crisis. International
agencies involved in the protection of the internally displaced
must coordinate their actions effectively setting common objectives
and clearly defined roles and responsibilities. These agencies
should:
— develop a comprehensive inter-agency
strategy for the protection of the internally displaced population
in Darfur, which fully respects the UN Guiding Principles on Internal
Displacement. The Sudanese government, the Special Representative
of the UN Secretary General and the International Committee of
the Red Cross should all be involved in the development of this
strategy; and
— take into account the particular
needs of vulnerable groups, including women and children. Medical
care including counselling should be available to victims of torture
and rape and other forms of sexual violence.
20. The international community should also
stress the importance of the right to free expression and guarantees
of safety for people in Darfur who speak to others including those
who speak to international delegations, journalists and monitors.
21. The international community should increase
its monitoring presence. Internally displaced persons, who have
suffered so much at the hands of government-supported militias
and the armed forces, have a total lack of confidence in government
institutions, including the police and the judiciary. They are
relying on an increased international presence. This requires:
— the international community to assist
the AU to deliver on its extended mandate;
— the presence of AU monitors to be
extended to every administrative unit in Darfur. AU ceasefire
monitors should monitor not only ceasefire violations but also
breaches of international human rights and humanitarian law. They
should report their findings fully, and the consent of the parties
to the conflict should not be required for the public release
of monitoring reports;
— UN member states to provide the support
necessary for the Office of the UN High Commissioner for Human
Rights to strengthen its monitoring capacity; and
— the international police monitors
that will support the national police forces to be deployed rapidly
and to reconstitute confidence in the national police authorities.
The international policing body should not only provide advice
and training, but should also monitor the system of police recruitment
in Darfur to ensure that those who may have committed serious
human rights violations are not included in the police force,
and are brought to justice.
22. The government of Sudan is responsible
for the violations committed by its armed forces and the Janjawid
militia in Darfur. The UN Security Council arms embargo, at present
in place for non-governmental entities only, should be extended
to include a suspension to the Sudanese government of all transfers
of military equipment that are likely to be used to commit human
rights violations. A strong monitoring mechanism should be established
to investigate possible violations of the arms embargo and report
periodically on its findings. A suspension on transfers of arms
to the Sudanese government and all parties to the conflict in
Darfur, would help contain the conflict and ensure that no further
arms are used to commit human rights violations. Such a suspension
would also send a strong signal to the Sudanese government that
the international community can take decisive action when massive
atrocities are being committed.
October 2004
6 Sudan: Urgent call for Commission of Inquiry
in Darfur as situation deteriorates (AFR 54/004/2003, 21 February
2003). Back
7
Sudan: Empty promises? Human rights violations in government-controlled
areas (AFR 54/036/2004, 16 July 2003). Back
8
Sudan, Darfur: "Too many people killed for no reason"
(AFR 54/008/2004, 3 February 2004); Back
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