HUMAN RIGHTS First a Quarterly Publication by UNAMID’S Human Rights Section Vol

HUMAN RIGHTS First A quarterly publication by UNAMID’s Human Rights Section Vol. 1 • Issue #1 September 2014 Note from the JSR the capacity of these institutions was crucial to the implementation of the DDPD and promotion and protection of human rights in Darfur and Sudan in general. During our bilateral meeting, the High Commissioner for Human Rights expressed concern at the situation in Darfur and called upon the AU to play a more constructive role in nding a peaceful solution. She conrmed OHCHR’s commitment to supporting UNAMID, particularly in the areas of capacity building and reporting, and called for enhanced exchange of information. I also met sepa- rately with a number of OHCHR technical departments, including Field Operations and Technical Cooperation Division; Hu- Mohamed Ibn Chambas, JSR, UNAMID, pictured during his visit to the Office of the High Commissioner man Rights Treaties Division; External Out- for Human Rights (OHCHR), Geneva, which took place in May 2014. Photo by OHCHR Geneva. reach Services Division; and the Human rom 22 – 23 May 2014, I undertook donor condence. I acknowledged the Rights Council and Special Procedures Fan o cial visit to Geneva where I met validity of such concerns and pointed Division. Potential increased collaboration with the United Nations High Commis- out that nding a political settlement is between UNAMID and OHCHR in support sioner for Human Rights, Ms Navi Pillay, crucial to mobilizing international sup- of the implementation of DDPD provisions African Ambassadors including the Per- port, particularly in light of competing in areas of human rights and fundamental manent Representative of the African needs from other crisis areas in the world. freedoms, transitional justice, and human Union to the UN, the Global Protection I was encouraged by my meetings rights and reconciliation were discussed. Cluster, and several technical depart- with the Permanent Representative The OHCHR expressed readiness to sup- ments at the O ce of the High Com- of Sudan who commended UNAMID’s UNAMID JSR with the United Nations High Com- missioner for Human Rights (OHCHR). on-going efforts to secure a durable missioner for Human Rights, Ms Navi Pillay, in I also held a bilateral meeting with the peaceful settlement of the Darfur con- Geneva. Photo by OHCHR Geneva. Permanent Representative of the Sudan, flict and underscored the necessity of Ms.Rahma Salih Elobied. strengthening national human rights The purpose of my visit was to explore institutions in Sudan. She observed areas of possible collaboration and coop- that more often than not external in- eration with OHCHR and to update part- terference on issues of human rights ners on the situation in Darfur with a par- in developing countries was brought ticular focus on the situation of human about by the absence of strong and ef- rights and protection of civilians. I in- fective national institutions. Through- formed on the deteriorating security and out the visit, my delegation and I up- humanitarian situation and its associated dated on the current national human impact on the civilian population in Dar- rights institutional architecture in Su- fur. I also noted that tensions between dan, particularly as it relates to Darfur, and among communities still existed in highlighting the establishment of the various parts of Darfur and emphasized National Human Rights Commission, the urgency of a comprehensive political the Special Court for Darfur Crimes, the settlement to the conict. Many west- appointment of special prosecutors, ern partners seemed concerned about and adoption of a ten year national hu- the possible adverse implications of the man rights strategy by the Goverment current insecurity in Darfur as well as on of Sudan. We emphasized that building

Editorial Team: Editor-in-Chief Editor Writers Publicists Isha Dyfan Christian Mikala Badar Farrukh Kathryn Harakal Tara Sadasivan Amira Ahmed AFRICAN UNION - UNITED NATIONS Abou Jeng MISSION IN DARFUR (UNAMID) HUMAN RIGHTS FIRST September 2014 port UNAMID in building the capacity of both AU and Western Ambassadors in human rights and protection of civilian the Mission’s components on monitoring support of the political and peace pro- mandate through the provision of techni- and reporting on human rights violations cess in Sudan especially the DDPD and cal and nancial assistance. UNAMID will as well as on human rights-related aspects UNAMID’s role in this regard. I was equally continue to follow up on the various of- of protection of civilians. encouraged by the willingness of the High fers of support and I will remain engaged I was encouraged by the continued Commissioner and her O ce to support with the key human rights and protection interest and commitment expressed by the Mission’s eorts in implementing its stakeholders and donors. HRS Letter from the Director’s Desk

What are Human Rights? Human rights are inherent entitle- ments which come to every person as a consequence of being human. The concept of human rights ac- knowledges that every single human being is entitled to enjoy his or her human rights without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Human rights are legally guar- anteed by human rights law, which protects individuals and groups against actions which interfere with fundamental freedoms and human dignity. They are expressed his is the first newsletter from the raising and mainstreaming of human in treaties, customary international THuman Rights Section (UNAMID rights issues throughout the work that law, bodies of principles and other HRS). As the publication progresses, we collectively undertake in support of sources of law. Human rights law it is our aim to highlight specific hu- our common UNAMID mandate. places an obligation on States to man rights issues as well as broader One of the main reasons that work- act in a particular way and prohib- its States from engaging in speci- themes of relevance to the work of ing on human rights can be so chal- fied activities. Treaties and other the Section and the Mission at large. lenging is due to an old perception sources of law generally serve to This inaugural issue will serve to lay a that only victims have rights. Perpetra- protect formally the rights of indi- foundation concerning the various hu- tors also have rights which should be viduals and groups against actions man rights issues and activities from respected through the due process of or abandonment of actions by Gov- the three perspectives that guide and the law. Promoting and protecting hu- ernments which interfere with the inform our work; the global perspec- man rights is not possible without the enjoyment of their human rights. tive of the Office of the High Commis- strengthening of human rights mecha- sioner for Human Rights; the national nisms within every State and our task The following are some level involving our interaction with, at the Human Rights Section is to work characteristics of human and capacity building of, governmen- with all national counterparts. Together, rights: tal and non-state actors, as well as the we can ensure an efficient functioning • Human rights are founded on re- work we are engaged in at the deep of national institutions and in so doing spect for the dignity and worth of field level, where our Field Officers are support the State in its responsibility to each person; monitoring, reporting and interacting ensure that the rights of all citizens are • Human rights are universal, directly with those most vulnerable of protected. This is also in line with the meaning that they are applied Darfur’s local population. It is my hope principle that “human rights is for all”. equally and without discrimina- that this newsletter will enable readers Our monitoring activities in Darfur have tion to all people; to develop a deeper understanding not assisted in identifying existing gaps, and • Human rights are inalienable, in only of the work and activities that we through advocacy we are making all ef- that no one can have his or her carry out in the field and at headquar- forts to bring human rights concerns to human rights taken away other ters, but also of the critical importance the attention of State authorities who than in specic situations; of human rights advocacy, awareness can then better respond to their obliga- • Human rights are indivisible, inter- related and interdependent, for

UNAMID HRS Vision: the reason that it is insu cient to To ensure the full respect and protection of the rights of all persons in Darfur respect some human rights and not others. All human rights should UNAMID HRS Mission: therefore be seen as having equal To build a safe, secure and dignified environment for the full respect and importance and of being equally realization of human rights for all Darfuris essential to respect for the dignity and worth of every person.

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The work of the Human Rights Section (HRS) is primarily focused on the monitoring and investigation of human rights violations, violence committed against children, women and other vulnerable populations, sexual and gender based violence including conflict-related sexual violence, efforts to combat impunity, as well as on the protection of civilians including through implementation of early warning mechanisms that trigger early responses. The Section also works on medium and long-term responses to human rights violations through human rights institution building and good governance systems. HRS additionally provides advice to the Government of Sudan, Darfur Regional Authority (DRA) and the Darfur state governments on strategies, policies and actions necessary to sign and ratify key international human rights instruments and ensure respect for, and implementation of, international human rights law and standards. The Section advises both governmental and non-state actors regarding specific human rights concerns, bringing to their attention violations of international human rights and humanitarian law, and suggesting appropriate actions. tions under national, sub-regional and to also act as the Representative of the We are very pleased to share with you international legal instruments. High Commissioner in Sudan. As such, this rst edition of our newsletter “Hu- While the Human Rights Section is one of my main responsibilities is to en- man Rights First”. Subsequent editions one of the departments of the civilian sure that human rights issues are fully will continue to expand on the many is- substantive pillar of UNAMID, it is at the integrated and mainstreamed into po- sues that each one of us in the Section is same time part of the Office of the High litical, humanitarian and development committed to working with and towards, Commissioner for Human Rights, with efforts and programmes of the United as people very much concerned with the dual reporting lines in effect. As Chief of Nations Country Team (UNCT) and Hu- achievement of a full and long lasting the Human Rights Section, it is my role manitarian Country Team (HCT). peace for Darfur. HRS Human Rights and Multidimensional Peacekeeping in Darfur

On 29 November 2012, students of the Al Salam School in the Abu Shouk IDP camp, North Darfur, are taught road safety during a sensi- tisation program organized by UNAMID police and the Traffic Division of the Sudanese police. Photo by Albert González Farran, UNAMID. t is now well established that human means that they are indivisible and so Increasingly, peacekeeping missions Irights are universal, indivisible and ir- cannot be permanently withdrawn. Al- are framed around the pursuit of peace reversible. Their universality relates to though the substance of human rights and protection of civilians. The focus the understanding that the basic ide- is broad, they generally relate to issues on protection places obligations and als of rights are recognized in all so- of freedom, justice, equality, dignity and duty on peacekeepers. Such a duty is cieties. This means that despite the peaceful existence. Increasingly also, also interpreted to include a proactive continuing assault on peoples’ human the founding ideals of human rights stand to particularly protect threats to rights, the fundamental principle that are being harnessed as instruments life and the physical integrity of civil- every human being has a right is irre- in peacekeeping. The desire for peace ians, especially vulnerable groups such versible. Simply put, human rights are is motivated by the need to preserve as women and children. The enforce- those sets of norms, values and rights the dignity and value of human life, an ment of a robust protection regime for which advance individual and collec- equally important preoccupation of in- civilians not only strengthens the inter- tive rights. Their supreme importance ternational human rights law. face between human rights and peace-

3 HUMAN RIGHTS FIRST September 2014 keeping, but also makes it possible for Darfur. Part of these functions also in- of conflict, but also the realization of the elevation of certain conflict related cludes consolidating transitional jus- social justice, freedom, dignity and hu- wrongs into the international limelight. tice processes in Darfur to confront man rights for all. The need to protect A prime example is the emerging in- impunity and promote accountability. and promote human rights and the ob- ternational drive to confront conflict Crucially, this is linked to the Darfur ligations that arise from it, have shaped related sexual violence (CRSV). This is peace process, making human rights a and impacted policy documents on the a welcome development largely made central core, and not a peripheral after- Darfur peace process. This is visible in possible by the impact of human rights thought, of UNAMID’s operations. The the DDPD, which contains a strong hu- in peacekeeping. In UNAMID’s multidi- first chapter of the Doha Document man rights foundation complemented mensional mandate, the interaction be- for Peace in Darfur (DDPD) on human by a wide range of peace and social tween human rights and peacekeeping rights and fundamental freedom is tes- justice priorities considered critical for are bound to remain strong. There are timony to the place of human rights in a post-conflict Darfur. three main reasons for this symbiosis. the transition to peace. Third, the traditional distinction be- First, the mission of UNAMID as for- Second, the concept of ‘peace’ in tween human rights law and interna- mulated in UNSC Resolution 1769 of UN international peacekeeping has tional humanitarian law has become July 2007 and subsequently stream- evolved and expanded due to the mul- increasingly blurred. Convergences in lined in three strategic priorities by tidimensional character of post-cold human needs, vulnerabilities and pro- Resolution 2148 of 3 April 2014, incor- war intervention missions. The infusion tection mechanisms have compelled porates the protection of civilians and and consolidation of governance, tran- human rights to apply as much in promotion of human rights as key com- sitional justice, rule of law, and human times of peace as they apply in times of ponents of its operational mandate. rights in peacekeeping missions im- conflicts. Their systemic violations ag- Carrying out this mandate requires the ply that the concept and understand- gravate conflicts and violate peoples’ positioning and mainstreaming of hu- ing of ‘peace’ are no longer merely the rights and dignities, which ultimately man rights in UNAMID’s operations and absence of violence. Peace incorpo- lead to violations of humanitarian law. particular in the Darfur peace process. rates the attainment of social stability In this light, there is a strong interaction The support structure for human rights through active mitigation of the causes between human rights and peacekeep- dimensions of the mission’s mandate of structural violence such as poverty, ing, meaning that if one is affected it is provided for by the UNAMID Human inequality, marginalization and depriva- will have a negative consequential ef- Rights Section, which actively investi- tion of rights. This version of peace is fect on the other. In Darfur, where the gates, reports on human rights viola- driven by core founding values of hu- conflict is laced with complexities, the tions and formulates initiatives towards man rights. In the multi-layered con- prospect of attaining peace is intrinsi- strengthening national institutions to flict in Darfur, the attainment of peace cally aligned to the respect for, and ob- promote and protect human rights in is perceived not solely as the absence servance of, human rights. HRS Visit of the UN Independent Expert on the Situation of Human Rights in Sudan he UN Independent Expert on the in the last few months, restrictions on Tsituation of human rights in Sudan, press freedom and media censorship, Professor Mashood Adebayo Baderin, and escalation of conflicts and displace- visited Sudan from the 15 – 24 June, ment of civilians in Darfur, South Kordo- 2014. The purpose of this visit, his fifth fan and Blue Nile states amongst others. official mission to the country and Escalating conflicts in these states has fourth to Darfur, was to observe the contributed significantly to a deteriorat- situation of human rights in Sudan, ing humanitarian and human rights sit- follow-up on his previous recommen- uation, leading to further displacement dations from February 2014, and to of civilians. In this regard, the Inde- identify areas of technical assistance pendent Expert specifically expressed and capacity building that may assist concern regarding the activities of RSF, the government in fulfilling its human which have led to serious human rights rights obligations. Professor Baderin is violations in these states, indiscriminate expected to present his findings and aerial bombings by government forces recommendations in a comprehensive in the conflict areas and its consequen- report to the UN Human Rights Council tial impact on civilians; suspension of in September 2014. activities of humanitarian agencies During his visit the Independent Ex- which has affected IDPs and the civilian pert engaged with the Government of populations. Finally, the Independent UN Independent Expert on the situation of human rights in Sudan, Professor Mas- Sudan and other stakeholders on hu- Expert urged the Government to im- hood Adebayo Baderin, is pictured here man rights issues including in relation prove humanitarian access while at the during his visit to Sudan from 15–24 to the September 2013 fuel subsidy same time urging armed movements to June, 2014. Photo by UN Information demonstrations, arrest and detention of desist from indiscriminate attacks that Centre, Khartoum. political opponents and other activists result in human rights violations. HRS

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Institution Building And Human Rights – National Human Rights Commission (NHRC)

he promotion and protection the objective of a universal culture T of human rights in any country of human rights. When your father cannot be envisioned without the In January 2012, soon after the building up of its national institu- signing of DDPD, Sudan established dies, you are tions. National Human Rights Insti- a National Human Rights Commis- responsible for tutions (NHRIs) that comply with sion (NHRC) through a Presidential the principles relating to the status decree pursuant to article 142 of the your brother...” of national institutions, commonly Interim National Constitution. The “ known as the Paris Principles, play a role of the Commission is to moni- crucial role in promoting and moni- tor the application of rights and – a child orphaned toring the effective implementa- freedoms provided for in the con- by the Darfur conict tion of international human rights stitution’s bill of rights. The powers standards at the national level, a of the Commission include receiving The Commission is governed by role that is increasingly recognized complaints, expressing opinions and the Human Rights Commission Act by the international community. presenting advice to state organs on which was passed in 2009. NHRIs can also contribute to the any issues related to human rights, The Human Rights Section be- creation of an effective legislative harmonizing legislations with hu- lieves it is crucially important that body, leading to the building up of man rights standards raising aware- the National Human Rights Com- a democracy with strong and dy- ness among the public about human mission continue to be supported namic civil society organizations, rights issues and cooperating with and strengthened, thereby enabling responsive media, human rights ed- UN organizations and specialized it to function independently, with ucation programs at all levels and, agencies and other regional bodies a resulting positive impact for the generally, a society encouraging working in the field of human rights. whole of Sudan’s population. HRS Functions and Jurisdiction of the Special Criminal Court for Serious Crimes in Darfur s part of the continued devel- Societies that quarters or any other place deter- A opment of international human mined by the Chief of the Court rights laws and principles, it has in- based on the particulars of the creasingly become accepted that if do not address case. Several cases have already societies do not address the painful been heard in Khartoum. In 2008, legacies of their past, they do so at the legacy of the the Government of Sudan assigned the expense of both reconciliation a Special Prosecutor to the Darfur processes and broader transitional past . . . cannot Special Criminal Court. Currently, justice mechanisms that have the the Court is composed of eight potential for a far greater positive put an end to Judges who sit in court sessions impact on society. A variety of ap- in El Fasher, Nyala, El Geneina, proaches have been developed in- the cycle Zalengie and El Daien. The Judges ternationally in order to respond are seconded from public courts to past atrocities in ways that are and while serving on the Special intended to facilitate justice and/or of violence Court, they continue to perform reconciliation. their respective judicial functions In Darfur, efforts to respond to, outlined in the Sudanese criminal as public court judges. investigate, and prosecute viola- act 1991 under chapters (5), (6), In 2013 the Special Prosecutor tions committed in Darfur during (7), (14), (15), (16) and (17), crimes initiated investigations into sixty-six the period 2003 onwards, have in- under the Sudanese Terrorism Act cases of which seven went through cluded the creation of the Special of 2001, as well as crimes involving trial process. However, so far the Criminal Court for Serious Crimes gross violations of international majority of cases brought before in Darfur. The Court was estab- humanitarian law, and any other the Court have largely involved lished on 7 January 2012 based on crimes under any other law as de- public crimes such as theft, posses- Article (59) paragraphs (326, 324, termined by competent Sudanese sion of stolen goods, murders. The and 322) of the DDPD. The jurisdic- judicial authorities. Court is yet to deal substantively tion of the Court relates to crimes The Special Court has its head- with crimes relating to war crimes or committed in Darfur since Febru- quarters in El Fasher, with sessions crimes against humanity as spelled ary 2003, including serious crimes to be conducted at the Court head- out in its founding charter. HRS

5 HUMAN RIGHTS FIRST September 2014 UNAMID HRS Facilitates Classroom Project in Two IDP Camps

Boys section of the newly constructed school at Otash IDP camp. Photo by HRS, Sector South. n March 2013, thousands of civilians tarian Aid Commission (HAC) of Sudan Education has provided the school with Iacross southern Darfur were forced to were both also involved in the initiative, four teachers including the Head Master, leave their villages as a result of inse- and committed to providing the critical and it is now hoped that additional liter- curity and ghting due to inter-ethnic element of teaching sta. UNICEF ex- ate IDPs could be recruited as volunteers skirmishes and belligerent activities be- pressed strong support for the initiative or teaching assistants. tween GoS forces and rebel movements and oered to provide necessary school The second school is currently being across the region. Many of these dis- materials such as stationary, while World constructed at the Dereige IDP camp, placed families then moved into camps Vision International pledged to provide and once completed, will cater for the for internally displaced persons (IDPs) lo- much needed furniture and other basic 713 children who would otherwise be on cated in and around Nyala, South Darfur. classroom essentials. the streets and in harm’s way. Construc- During routine monitoring of conditions Throughout this process UNAMID tion works have been slower, however, in a number of these IDP camps, Human HRS continued to engage others within in Dereige, and eorts continue to be Rights O cers became concerned that UNAMID, especially the National Sta made to complete the project as quickly large numbers of school-age children Association, which spearheaded a fun- as possible. were spending a majority of their time draising campaign to support the con- We in Human Rights Section believe playing along the roadsides and in public struction of temporary classroom struc- that these school classroom projects spaces without access to a basic educa- tures within each camp under the slogan represent a shining example of the im- tion. These concerns were later con- “Every IDP child has a right to education”. portance of advocacy and collaboration rmed during subsequent visits to two of Funds generated from the fundraising in pursuit of the protection and promo- these camps, namely Otash and Dereige campaign then complemented support tion of basic human rights. UNAMID HRS IDP camps, where community leaders la- received directly from UN agencies. This continues to explore innovative ways of mented the lack of access to educational coordinated approach has now resulted highlighting and addressing the plight facilities available to the children residing in the completion of six classrooms in of people caught in conict, particularly there, and requested assistance in rem- Otash camp, largely constructed using those most vulnerable groups such as edying this situation from the Human locally-sourced materials. The Ministry of children and women. HRS Rights Section’s Sector South O ce. Girls section of the newly constructed classrooms at Otash IDP camp. Photo by HRS, Sector South. With the support of IDP community leaders, a more systematic needs assessment documentation process was formally begun. This assessment process established that a total of 819 children were registered in Otash IDP camp and 713 in Dereige IDP camp. With this factual data as a basis, UNAMID HRS together with UN agencies and NGO partners began tangi- ble discussions regarding possible solu- tions that could help to better meet the education needs of the children currently living in the two camps, including the establishment of formal classrooms located within each of the camp boundaries. The Ministry of Education and the Humani-

6 HUMAN RIGHTS FIRST September 2014 Government-led Initiative in West Darfur to Establish Foster Home for Children

Homeless children participate in a workshop organized by the Human Rights Section, Sector West in November 2012. Photo by HRS, Sector South. arlier this year on 11 February The Ministry of Social Affairs also E 2014, the Ministry of Social Affairs, plans to establish an emergency According to displaced West Darfur issued a decree estab- home in the region for street chil- and orphaned children in lishing a High Committee to support dren that will provide psycho-so- Darfur… homeless children. More recently, cial support, access to basic medi- A human being: A talkative following a workshop for homeless cal care, additional facilities and animal. children organized by the Human food, as well as keeping on record Rights Section in 14 to 15 November the profile of every child who visits Brotherhood: “...We live in 2012, the Minister of Social Affairs the establishment. The emergency brotherhood even if we are not announced the establishment of a home is intended to prepare the related. It is also about sharing and foster home in West Darfur. UNAMID children for participation in a reha- caring…” has committed to provide support bilitation program once the renova- Kindness: “… As destitute and and assistance through a Quick Im- tion of the foster home is complete. orphan children, most people pact Project aimed at the renovation The emergency home, and future were angry at us for no reason. of the perimeter wall surrounding foster home, both represent a sim- Some were kind enough to buy us the foster home building. The initia- ple first step towards the larger goal food, give us some money but we tive was completed and handed over of successfully rehabilitating and re- sometimes had to do some chores to the West Darfur Ministry of Social integrating these children back into to be rewarded…” Affairs on 1 October 2013. Darfurian society HRS Responsibility: “...When your father Homeless children participate in a workshop organized by the Human Rights Section, dies, you are responsible for your Sector West in November 2012. Photo by HRS, Sector South. brother but going to school is very important and will help us develop and be more responsible…” Di erence between a Human Rights Ocer and an orphan in Darfur: “...The Human Rights Officer has been educated; the orphan is struggling to educate himself …” Human dignity: “… we face many bad treatments. Some are degrading and can make us angry and uncomfortable but we have to smile and work every day.

7 On 5 March 2014, more than 2,000 civilians fled violent attacks in Kobe, Shoba, Adawia, Hillat Barti and other surrounding villages, and sought refuge next to UNAMID’s base in Korma, North Darfur. UNAMID is providing security and water to the newly displaced and is working with humanitarian actors to provide them with emergency assistance. Photo by Owies Elfaki, UNAMID.