HUMAN RIGHTS SITUATION IN DARFUR In 2013 TABLE OF CONTENTS ACRONYMS ........................................................................................................................................................ 1 I. EXECUTIVE SUMMARY .......................................................................................................................... 3 II. INTRODUCTION ........................................................................................................................................ 4 III. METHODOLOGY ....................................................................................................................................... 5 IV. CONTEXT ................................................................................................................................................... 6 V. LEGAL FRAMEWORK .............................................................................................................................. 8 VI. HUMAN RIGHTS SITUATION ................................................................................................................ 13 1. VIOLATIONS OF THE RIGHT TO LIFE ................................................................................................................ 13 2. VIOLATIONS OF RIGHT TO PHYSICAL INTEGRITY ............................................................................................. 16 3. SEXUAL AND GENDER-BASED VIOLENCE ........................................................................................................ 17 4. ARBITRARY ARRESTS, DETENTION AND TORTURE .......................................................................................... 19 5. RIGHTS TO FREEDOMS OF EXPRESSION, ASSOCIATION AND PEACEFUL ASSEMBLY ........................................ 21 VII. TECHNICAL ASSISTANCE .................................................................................................................... 24 VIII. CONCLUSIONS ....................................................................................................................................... 26 IX. RECOMMENDATIONS............................................................................................................................ 28 TO THE GOVERNMENT OF THE SUDAN: ................................................................................................................ 27 TO THE ARMED OPPOSITION MOVEMENTS .......................................................................................................... 28 X. ANNEXES...................................................................................................................................................... 30 ACRONYMS ACHPR African Charter on Human and Peoples’ Rights AU African Union CAT Convention Against Torture CEDAW Convention on the Elimination of All Forms of Discrimination against Women CERD Convention on the Elimination of All Forms of Racial Discrimination CPA Comprehensive Peace Agreement CRC Convention on the Rights of the Child CRP Central Reserve Police DDPD Doha Document for Peace in Darfur DRA Darfur Regional Authority ECCC Extraordinary Court Chambers in Cambodia FGM Female Genital Mutilation GII Gender Inequality Index HAC Humanitarian Aid Commission HDI Human Development Index ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights IDP Internally Displaced Persons JEM-B Justice and Equality Movement-Basher LJM Liberation and Justice Movement MI Military Intelligence (Sudan Armed Forces) NGO Non-Governmental Organization NHRC National Human Rights Commission NHRI National Human Rights Institutions NISS National Intelligence and Security Services OCHA United Nations Office for the Coordination of Humanitarian Affairs SAF Sudan Armed Forces SGBV Sexual and Gender-Based Violence Human Rights Situation in Darfur 2013 Page 1 SLA/AW Sudan Liberation Army-Abdul Wahid SLA/MM Sudan Liberation Army-Minni Minawi UNAMID African Union-United Nations Mission in Darfur UNCT United Nations Country Team UNHCR United Nations High Commissioner for Refugees Human Rights Situation in Darfur 2013 Page 2 I. Executive Summary i. This joint report by the African Union-United Nations Hybrid Operation in Darfur (UNAMID) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) provides an analysis of the human rights situation in Darfur in 2013, on the basis of the monitoring work carried out by the UNAMID Human Rights Section in all five states of Darfur. The report focuses on the progress made and challenges encountered in addressing human rights issues. UNAMID documented human rights violations on the basis of interviews with victims and witnesses of human rights violations, community leaders, local administration, law enforcement officials as well as interaction with civil society groups. Efforts were made at all times to verify information from independent sources and with state authorities. ii. The Republic of the Sudan has ratified five out of the ten core international human rights treaties, and the 2005 Sudan Interim Constitution provides for the respect of human rights and fundamental freedoms. However, the human rights situation1 in Darfur remains of serious concern. Darfur has now experienced 10 years of conflict ranging from inter- communal conflicts, fighting between the Government of the Sudan forces and armed opposition movements, as well as the proliferation of weapons, all of which continue to have a negative impact on the security and human rights of the population in Darfur. iii. Although some progress was achieved during the period under review, particularly on the legislative, institutional and policy fronts, the general human rights outlook remained bleak, with civilians, including particularly internally displaced persons, bearing the brunt of violence and attacks from governmental forces, armed opposition groups, and inter- and intra-communal conflicts. iv. The main human rights violations reported in 2013 include violations of the rights to life and personal integrity, sexual and gender-based violence (SGBV), arbitrary arrests and detention, torture and violations of the rights to freedoms of expression, movement, peaceful assembly and association. Impunity remains a serious challenge constituting a threat to the peace process and the prospects of communities living a dignified existence. Despite efforts by the Government of the Sudan to prosecute some perpetrators of human rights violations, especially members of the security forces and military groups, various limitations have prevented effective action. v. This report aims at assisting all stakeholders, including the Government of the Sudan, the armed groups and the international community to reinforce their efforts to 1 The concerns raised in relation to Darfur during the Universal Periodic Review of Sudan, on 10 May 2011, remain relevant. Human Rights Situation in Darfur 2013 Page 3 promote and protect human rights in Darfur as well as strengthen the rule of law and accountability mechanisms. This report formulates recommendations in that regard. In particular, the Government of the Sudan needs to take additional steps towards increasing the presence of the state authority across Darfur, especially in rural areas, in order to ensure protection and promotion of human rights; and strengthening rule of law institutions. vi. This report should be considered as a baseline report for open and transparent exchanges among stakeholders, and can provide valuable indicators for relevant national and international stakeholders towards addressing issues of common concern and challenges in the promotion and protection of human rights. The 2014 public report, which will focus on addressing impunity and accountability in Darfur, will be issued in the first quarter of 2015. II. Introduction 1. UNAMID was established on 31 July 2007, in accordance with the United Nations Security Council resolution 1769 and the Communiqué of the 79th Meeting of the African Union Peace and Security Council of 22 June 2007. The promotion and protection of human rights form an integral part of UNAMID mandate, which has been renewed and expanded in subsequent resolutions2. 2. According to United Nations Security Council resolution 1769, UNAMID is mandated to: contribute to the restoration of necessary security conditions for the safe provision of humanitarian assistance; contribute to the protection of civilian populations under imminent threat of physical violence and prevent attacks against civilians; contribute to the promotion of respect for and protection of human rights and fundamental freedoms; contribute to a secure environment for economic reconstruction and development, as well as the sustainable return of internally displaced persons and refugees to their homes; assist in the promotion of the rule of law; monitor, observe compliance with and verify the implementation of various ceasefire agreements signed since 2004; assist with the implementation of the Darfur Peace Agreement and any subsequent peace agreements, as well as assist in the promotion and attainment of an inclusive political process. 3. The conflict in Darfur erupted in 2003 and has since continued to negatively impact human rights. The present report provides an analysis of the human rights situation in Darfur in 2013, highlighting progress achieved as well as challenges encountered in addressing human rights concerns. The Mission’s next report