To: Darfur Union in UK& Northern Ireland November 9, 2014
Darfur Communities in UK & Northern Ireland
JEM, SLA/A, SLA/M, SPLM/N, Sudanese Parties
Human Rights Bodies (NGOs, CBOs,CSOs)
Human Rights activists
All Sudanese
From: Mohammed Abd Elkarim Angabo,
Subject: Denunciation of grave Human Rights’ Violations in Darfur –
SGBV – Case of Tabit.
It is well known that the man-made disaster in Darfur is one of the international concerns throughout the modern history of the mankind following the inception of the UN. In this context of Darfur conflict, civilians have been suffering and experiencing grave violations to their human rights of all kinds as have been enshrined in the International Human Rights Instruments. The very basic Human Rights Norms and Standards have not been adhered to. Civilians have been targeted directly, while their properties and places of residence have also been attacked, destroyed and burnt down, the thing which resulted in war crimes, crimes against humanity, and genocide. Thousands of civilians who have not been playing role in the hostilities have been killed since the conflict sparked out in 2003. Women and children have been the most vulnerable groups in the community. The very basic rules of International Humanitarian Law as well as Human Rights Law have been gravely violated. Millions of civilians have been forced to displace and live in IDP camps where the humanitarian situation is very unbelievable.
The government’s troops and proxy militias have been playing the main role in committing violations against civilians. Throughout the history of the disaster, survivors and eye witnesses affirm that all violations are committed in systematic and massive manner. Violence against women and children are the most common ones, namely rape, killing, kidnapping, and child abuse.
The Human Rights interventions at both levels nationally and internationally do not amount to address the concerns properly. The UN Human Rights interventions which are carried out in accordance with the mandate of the United Nation African Mission in Darfur suffer lack of capacity, integrity, impartiality, neutrality, willingness and motivation to address human rights issues and concerns, especially protection, monitoring and reporting on violations. At the national level, most of the human rights’ NGOs are not well trusted by the community because GoS HAC/ NISS controls the entire aspects of the humanitarian work in Sudan. In addition, some of the national human rights’ NGOs are not Darfur locally-based.
At the time of writing this document, there is no local Human Rights’ NGO on the ground in Darfur. The UNAMID human rights component is working in accordance with its mandate as has been contained within UNAMID structure. This human rights section has no proper networking system at the field level. It is true that in the IDP camps there are some sort of contacts and interactions with the IDP leaders and other groups, but still the weak interventions and the ongoing violations have resulted in frustrations and lack of confidence.
In the IDP camps the situation is very inhuman. There have been lack and in some cases absence of basic services, insecurity, and violence. The rule of law institutions which are supposed to protect civilians and their human rights are well used to support and legalize the violations. The affected communities lost confidence on the official legal system because it lacks neutrality and impartiality. The Bar Union is also affiliated with executive authority of the central government and its controlling party (NCP)/ NISS. The Bar Union has agents at the state levels throughout the whole country; these agents are appointed by the central body of the Bar, as such, the role of the Bar is not necessarily supporting respect to human rights and rule of law. There have been complete destroy and absence of rule of law and protection, the thing which resulted in creating status of legal vacuum and impunity. In addition to the above-mentioned ongoing human rights issues and concerns in Darfur, the situation is expected to deteriorate dramatically. The central ruling regime in Khartoum will continue reacting aggressively in Darfur.
The mass and gang rape case of Tabit in the beginning of November 2014 is a sample of the Sexual Violence which is taking place in Darfur over the last years. The sexual and gender-base violence has been used as a weapon of war, and at the same time as a systemized genocidal methodology. The SGBV in Darfur is a violation to all Human Rights Instruments, International Humanitarian Law, and the below UN Security Council Resolutions:
UNSCR 1325: 2000 (women, peace and security):
1- Respect for women’s rights and gender justice.
2- Prevention of and response to sexual violence in conflict settings.
3- Gender mainstreaming.
4- Monitor and report on the implementation of the resolution.
UNSCR 1820: 2008 (sexual violence prevention and response in conflict settings),
1- An end for impunity.
2- Zero tolerance.
3- Build capacities of national institutions to prevent and respond to sexual violence in conflict settings.
4- Development of mechanisms to prevent and respond to sexual violence.
5- Monitor and report on the implementation of the resolution.
UNSCR 1888: 2009 (sexual violence prevention and response in conflict settings) strengthens 1820 and adds two elements:
1- Appointment of Under SG for prevention and response to sexual violence.
2- Deployment of experts in the field to help missions to prevent and respond to sexual violence in conflict settings.
UNSCR 1889: 2009 (women, peace and security): strengthens USCR 1325 and added:
1- Developed indicators to measure the implementation of 1325.
2- Called for coordinated efforts for the implementation of 1325.
UNSCR 1960 – 2010: SV prevention and response: it calls for:
1- Monitor and report on SV in conflict settings.
2- List suspects’ names.
3- Punishments and sanctions on perpetrators.
UNSCR 2063 (2012) on UNAMID mandate:
Demands immediate and appropriate measures to:
To Parties to the conflict
1. Protect civilians, including women and children, from all forms of sexual violence, in line with resolution 1820 (2008);
to UNAMID
1. Report on sexual and gender based violence,
2. Assess progress towards the elimination of sexual and gender based violence,
3. Include protection to women and children from sexual violence and gender based violence, as part of the mission wide Protection of Civilians strategy as identified in paragraph 3.
to Secretary General
1. Ensure relevant provisions of resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) are implemented by UNAMID
2. Ensure supporting the participation of women through the appointment of women protection advisers, and reporting information on this to the Council
Therefore, I am having this call for all of you take a well-coordinated actions and work that support the international campaign against the perpetrators. I strongly believe that such campaigns and advocacy initiatives will definitely support ending widespread and systematic Human Rights violations in Darfur. Let’s denounce, demonstrate, shout, and speak out.
((We came to see that, in the long run, it is more honorable
to walk in dignity than ride in humiliation)).
Decide to remain seized of the matter.
Angabo