CIVILIAN DEVASTATION Abuses by All Parties in the War in Southern Sudan Human Rights Watch/Africa (formerly Africa Watch) Human Rights Watch New York $ Washington $ Los Angeles $ London Copyright 8 June 1994 by Human Rights Watch All rights reserved. Printed in the United States of America. Library of Congress Catalog Card Number: 94-75427 ISBN 1-56432-129-0 Human Rights Watch/Africa (formerly Africa Watch) Human Rights Watch is a nongovernmental organization established in 1978 to monitor and promote the observance of internationally recognized human rights in Africa, the Americas, Asia, the Middle East and among the signatories of the Helsinki accords. Kenneth Roth is the executive director; Cynthia Brown is the program director; Holly J. Burkhalter is the advocacy director; Gara LaMarche is the associate director: Juan E. Méndez is general counsel; and Susan Osnos is the communications director. Robert L. Bernstein is the chair of the executive committee and Adrian W. DeWind is vice chair. Its Africa division was established in 1988 to monitor and promote the observance of internationally recognized human rights in Africa. Abdullahi An-Na'im is the executive director; Janet Fleischman is the Washington representative; Bronwen Manby, Karen Sorensen, Alex Vines and Berhane Woldegabriel are research associates; Kimberly Mazyck and Urmi Shah are associates; Alison L. Des Forges is a consultant. William Carmichael is the chair of the advisory committee and Alice Brown is the vice chair. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. It addresses the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. In internal wars it documents violations by both governments and rebel groups. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law; it documents and denounces murders, disappearances, torture, arbitrary imprisonment, exile, censorship and other abuses of internationally recognized human rights. Human Rights Watch began in 1978 with the founding of its Helsinki division. Today, it includes five divisions covering Africa, the Americas, Asia, the Middle East, as well as the signatories of the Helsinki accords. It also includes five collaborative projects on arms, children's rights, free expression, prison conditions, and women's rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Belgrade, Zagreb and Hong Kong. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Cynthia Brown, program director; Holly J. Burkhalter, advocacy director; Allyson Collins, research associate; Richard Dicker, associate counsel; Jamie Fellner, foundation relations director; Barbara Guglielmo, controller; Robert Kimzey, publications director; Gara LaMarche, associate director; Liselotte Leicht, Brussels office director; Michal Longfelder, development director; Juan Méndez, general counsel; Susan Osnos, communications director; Jemera Rone, counsel; Rachel Weintraub, special events director; and Derrick Wong, finance and administration director. The regional directors of Human Rights Watch are Abdullahi An-Na'im, Africa; Cindy Arnson and Anne Manuel (acting directors), Americas; Sidney Jones, Asia; Jeri Laber, Helsinki; and Christopher E. George, Middle East. The project directors are Kenneth Anderson, Arms Project; Lois Whitman, Children's Rights Project; Gara LaMarche, Free Expression Project; Joanna Weschler, Prison Project; and Dorothy Q. Thomas, Women's Rights Project. The board includes Robert L. Bernstein, chair; Adrian W. DeWind, vice chair; Roland Algrant, Lisa Anderson, Peter D. Bell, Alice L. Brown, William Carmichael, Dorothy Cullman, Irene Diamond, Jonathan Fanton, Alan Finberg, Jack Greenberg, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Alexander MacGregor, Peter Osnos, Kathleen Peratis, Bruce Rabb, Orville Schell, Gary G. Sick, Malcolm Smith, Maureen White, and Rosalind C. Whitehead. Addresses for Human Rights Watch 485 Fifth Avenue 1522 K Street, N.W., #910 New York, NY 10017-6104 Washington, DC 20005 Tel: (212) 972-8400 Tel: (202) 371-6592 Fax: (212) 972-0905 Fax: (202) 371-0124 email: [email protected] email: [email protected] 10951 West Pico Blvd., #203 33 Islington High Street Los Angeles, CA 90064 N1 9LH London, UK Tel: (310) 475-3070 Tel: (071) 713-1995 Fax: (310) 475-5613 Fax: (071) 713-1800 email: [email protected] email: [email protected] CONTENTS PREFACEx GLOSSARY xii I. INTRODUCTION AND SUMMARY 1 II. BACKGROUND 19 ETHIOPIAN REFUGE 22 SPLA SPLIT IN 1991 25 FAMINE CREATION 26 HISTORICAL BACKGROUND OF THE HUNGER TRIANGLE 29 III. VIOLATIONS OF THE RULES OF WAR BY GOVERNMENT FORCES 35 GOVERNMENT ABUSES DURING THE 1992 DRY SEASON OFFENSIVE 35 Government Offensive from Ethiopia into Eastern Upper Nile in 1992 37 Government Offensive from Malakal South in March/April 1992 40 Government and SPLA-Nasir Attacks in Bahr El Ghazal in 1992 43 Indiscriminate Government Bombing and the Capture of Kapoeta and Torit in 1992 45 GOVERNMENT ABUSES BEFORE AND DURING THE BATTLE FOR JUBA, 1992 49 Abuses During the 1991-92 School Strike and Civic Struggle 50 GOVERNMENT ABUSES FOLLOWING JUNE-JULY 1992 SPLA- TORIT ATTACKS ON JUBA 56 Summary Executions, Disappearances, Arrests, and Mass Displacement 58 Government Execution and Disappearance of International Aid Employees 60 Government Accountability for Killings and Disappearances 62 Detention and Deportation of Clergy 64 Forcible Displacement of Civilians into Inadequate Conditions 65 Law on Forced Displacement 68 v Prohibition on Targeted, Land Mine Attacks on Civilians 69 GOVERNMENT ABUSES IN 1993 70 Scorched Earth Campaigns: Bahr El Ghazal 70 Attacks on Civilians: Bor 73 Indiscriminate Government Bombing in 1993 74 Government Offensive in Western Equatoria from July- August 1993 76 Bombing in Late 1993 79 INDISCRIMINATE GOVERNMENT BOMBING IN THE 1994 DRY SEASON CAMPAIGN 80 LEGAL STANDARDS APPLICABLE TO BOMBING AND SHELLING 85 IV. SPLA VIOLATIONS OF THE RULES OF WAR 90 SPLA FACTION FIGHTING IN UPPER NILE PROVINCE FROM 1991-1992 91 Killings and Looting During September/October 1991 92 SPLA-Torit Attack on Adok, Upper Nile 96 SPLA-Nasir Second Raids into Kongor/Bor Area in 1991 96 Fighting Resumes After First Cease-Fire in 1991 99 SPLA-Nasir Accountability for the Bor Massacre 99 SPLA-Torit Accountability for the Counterattack106 SPLA-Nasir Attacks in Bahr El Ghazal in 1992 107 SPLA-Torit Counterattack on Nasir Territory in Early 1992108 Fighting in Upper Nile in mid-1992110 ABUSES IN EQUATORIA DURING 1992112 SPLA-Torit Abuses During and After its Two Attacks on Juba from June-August 1992112 Shelling of Juba Airport112 Siege of Garrison Towns by the SPLA-Torit and the Prohibition on Starvation of Civilians as a Method of Combat121 Abuses Committed during William Nyuon's Defection from SPLA-Torit and Associated Fighting in Equatoria in late 1992127 VILLAGE BURNINGS IN EQUATORIA IN EARLY 1993136 SPLA in Lafon136 The Didinga of Chukudum141 FACTION FIGHTING IN 1993 IN THE UPPER NILE146 vi Pariang 1993, Kala Azar Epidemic Worsened by Nuer and Government Raids 149 Kuac Deng Attacked by SPLA-Torit Twice in Early 1993151 Panyakur and Kongor, Occupied by SPLA-Nasir in Late 1992152 Duk Faiwil Attacked by SPLA-Nasir in February/March 1993155 SPLA-Nasir Occupation of Panyakur/Kongor in Early 1993155 Kongor Captured by SPLA-Torit on March 27, 1993156 Accountability of SPLA-Torit for Deaths and Injuries in Kongor Attack158 Effects of Fighting in Kongor 159 SPLA-Nasir Abducts Women in Duk Faiwil in April 1993160 Kuac Deng Attacked by SPLA-Torit in April 1993160 Ayod Attacked by SPLA-Torit on April 2, 1993161 Yuai, Created by SPLA-Nasir, Attacked by SPLA-Torit on April 16, 1993164 Pagau and Pathai Attacked by SPLA-Torit from April-May 1993167 Mogogh Area Attacked by SPLA-Torit in April 1993169 Gar and Surrounding Villages Attacked by SPLA-Torit in April 1993169 Accountability for SPLA-Torit Attacks on Ayod and Yuai in April 1993170 Cease-fire Agreement on May 28, 1993171 Pagau Attacked Again by SPLA-Torit in June 1993172 Second Attack on Yuai by SPLA-Torit on June 16, 1993172 Tip Village Attacked by SPLA-Torit in June 1993173 Kongor/Panyakur Attacked Again by SPLA-Nasir/United in July 1993173 SPLA FOOD POLICIES ABUSIVE OF THE CIVILIAN POPULATION 174 Background175 Stealing Food from Civilians177 Looting from Civilians Under Enemy Control178 Forced Farm Labor179 Ugandans Used for Farm Labor in Khor Shum (Pakok) 180 Taxation or Requisition of Food from Farmers181 Requisition of Food from Emergency Relief Recipients183 Diversion and Stealing of Relief Supplies184 Displacement of the Civilian Population for Reasons Related to the Conflict: Yuai185 vii FORCED RECRUITMENT189 Forced Portering192 Historical Background193 UNACCOMPANIED MINORS AND RECRUITMENT OF CHILD SOLDIERS195 SPLA-Torit Position on Recruitment of Minors197 Rationale for Segregation of Unaccompanied Minors198 Conditions in the Ethiopian Refugee Camps204 Emergency Evacuation of Unaccompanied Minors Along With Sudanese Refugees from Ethiopia208 Conditions for Unaccompanied Minors Repatriated to Sudan from Ethiopia209 Military Training and Forced Recruitment of Boys