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GENERAL A/HRC/6/19 28 November 2007 Original: ENGLISH HUMAN RIGHTS COUNCIL Sixth session Agenda item 4 HUMAN RIGHTS SITUATIONS THAT REQUIRE THE COUNCIL’S ATTENTION Final report on the situation of human rights in Darfur prepared by the group of experts mandated by the Human Rights Council in its resolution 4/8, presided by the Special Rapporteur on the situation of human rights in the Sudan and composed of the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Representative of the Secretary-General for children and armed conflict, the Special Rapporteur on violence against women, its causes and consequences, the Special Representative of the Secretary-General on the situation of human rights defenders, the Representative of the Secretary-General on the human rights of internally displaced persons and the Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment* * The annexes to the present report are circulated as received in the language of submission and in Arabic and French only. A/HRC/6/19 page 2 Summary The mandate of the group of experts, comprising seven mandate holders, was established on 30 March 2007 by the Human Rights Council in its resolution 4/8 to ensure effective follow-up to and foster the implementation of resolutions and recommendations on Darfur, as adopted by the Council, the Commission on Human Rights and other United Nations human rights institutions, as well as to promote the implementation of relevant recommendations of other United Nations human rights mechanisms, taking into account the needs of the Sudan, ensuring the consistency of these recommendations and contributing to the monitoring of the human rights situation on the ground. The group of experts submitted its first report to the Council at its fifth session (A/HRC/5/6). The report, in which the group developed its methodology, contained a list of recommendations in its annex I. Presented in chart form, the recommendations indicate the steps required of the Government of the Sudan to implement each recommendation, over the short and medium term. In its resolution OM/1/3, adopted on 20 June 2007, the Council requested the group of experts to continue its work for six months and to submit an update to the session of the Council in September 2007 and a final report to the following session of the Council. After having presented its interim report in September 2007 (A/HRC/6/7), the group of experts now submits its final report pursuant to that resolution. In the present report, the group of experts reviews the efforts of the Government of the Sudan in implementing the recommendations of the group, using the indicators it put forward in its first report, on the basis of information that the group received from the Government in written and oral form, as well as from other sources, including United Nations and African Union agencies, bodies and programmes with operational competence in Darfur. The group of experts concludes that the process of cooperative engagement with the Government of the Sudan has worked well in procedural terms. However, in terms of substance, it observes that few recommendations have been fully implemented or reportedly had a tangible impact on the ground. Several recommendations that were prioritized as short-term and could have been implemented within three months, given that they did not require lengthy administrative processes or additional resources, have not yet been implemented. While initial steps have been made by the Government with regard to many of the recommendations, they have not yet yielded a sufficient impact on the ground according to reports received from organizations operational in Darfur. Finally, a significant number of recommendations have not been addressed by the Government at all. The group of experts, while acknowledging the activities undertaken by the Government of the Sudan to date, is concerned that reports received clearly indicate that, with very few exceptions, those efforts have not yet led to an improvement of the situation of human rights in Darfur. The group of experts recalls the Council’s consensus on the seriousness of the ongoing violations of human rights and international humanitarian law and the urgent need to focus on the implementation of existing recommendations to enhance the human rights situation in Darfur, and urges the Government to implement fully the prioritized recommendations without further delay. A/HRC/6/19 page 3 The group recommends that the Human Rights Council continue the process of review in accordance with the time frames and indicators for assessing implementation developed by the group. While emphasizing that, as Human Rights Council resolution 4/8 clearly indicates, the group was established to ensure the effective follow-up and implementation of existing resolutions and recommendations on Darfur, and stressing the complementary nature of its mandate and that of the wider mandate of the Special Rapporteur on the Sudan, which covers all of the Sudan, the group indicates its readiness to continue the review process, unless this task is entrusted to the Special Rapporteur on the Sudan. It suggests that a renewed mandate should envisage the possibility of an assessment mission to the Sudan, including its Darfur region, and sufficient time for analysis of the implementation of medium-term recommendations, which expire on 20 June 2008. A/HRC/6/19 page 4 CONTENTS Paragraphs Page I. INTRODUCTION ............................................................................ 1 - 8 5 II. METHODS OF WORK .................................................................... 9 - 11 6 III. ACTIVITIES .................................................................................... 12 - 17 7 IV. STATUS OF IMPLEMENTATION OF RECOMMENDATIONS ... 18 - 53 8 A. Human rights protection .......................................................... 18 - 38 8 1. Protection of the civilian population, including internally displaced persons .............................................................. 18 - 21 8 2. Protection of women against violence ............................... 22 - 28 10 3. Children and armed conflict .............................................. 29 - 30 12 4. Protection against summary executions, arbitrary detentions, disappearances and torture .............................. 31 - 36 13 5. Protection of victims and witnesses .................................. 37 - 38 14 B. Humanitarian access ................................................................ 39 - 44 15 C. Accountability and justice ....................................................... 45 - 50 17 D. Monitoring of implementation of recommendations ................. 51 - 53 18 V. CONCLUSIONS AND RECOMMENDATIONS ............................. 54 - 62 20 Annex I: Status of implementation of recommendations compiled by the group of experts on Darfur as per A/HRC/5/6 .................................... 23 Annex II: List of documents received from the Government of the Sudan .................... 105 A/HRC/6/19 page 5 I. INTRODUCTION 1. Arising out of its deep concern over the ongoing violations of human rights and international humanitarian law in Darfur, the Human Rights Council adopted without a vote at its fourth regular session, on 30 March 2007, resolution 4/8 on the follow-up to decision S-4/101 of 13 December 2006 adopted by the Council, at its fourth special session, entitled “Situation of human rights in Darfur”. 2. In its resolution 4/8, the Council decided to convene a group of seven mandate holders to work with the Government of the Sudan, the appropriate human rights mechanisms of the African Union and to closely consult with the Chairman of the Darfur-Darfur Dialogue and Consultation to ensure the effective follow-up and to foster the implementation of resolutions and recommendations on Darfur, as adopted by the Council, the Commission on Human Rights and other United Nations human rights institutions, as well as to promote the implementation of relevant recommendations of other United Nations human rights mechanisms, taking into account the needs of the Sudan in this regard, to safeguard the consistency of these recommendations and to contribute to monitoring the human rights situation on the ground. 3. The group of experts is presided over by Sima Samar, Special Rapporteur on the situation of human rights in the Sudan, and is composed of Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions; Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict; Yakin Ertürk, Special Rapporteur on violence against women, its causes and consequences; Hina Jilani, Special Representative of the Secretary-General on the situation of human rights defenders; Walter Kälin, Representative of the Secretary-General on the human rights of internally displaced persons; and Manfred Nowak, Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment. Mr. Kälin serves as rapporteur for the group of experts. The group of experts was serviced mainly by the Africa Unit of the Capacity-building Branch, the Special Procedures Branch, and a coordinator. 4. The group of experts recalls that it interprets its mandate as one aimed at ensuring effective follow-up to and fostering the implementation of relevant resolutions and recommendations on Darfur through a process of facilitation
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