HUMAN RIGHTS SITUATION IN THE NUBA

MOUNTAINS/SOUTH KORDOFAN STATE, SUDAN

PRESENTATION AT:

THE 50th ORDINARY SESSION OF THE AFRICAN COMMISSION

ON HUMAN AND PEOPLES’ RIGHTS

(25 October 2011)

Banjul, The GAMBIA

By: Dr Ahmed A. Saeed

CONTENT

Context –geographical, demographical and political

Where, who and why?

what are the causes of the conflict in SK?

CPA – important provisions and milestones

The return back to war; Was it inevitable?

Human rights violations committed in the early

days of the conflict?

Current Human right situation in SKS!

Current Humanitarian situation in SKS

Recommendations

South

EAST Darfur

Blue Nile

Abyei

Southern

Kordofan

Jason Matus

CONTEXT – FACTS ABOUT SKS – 1/2

Inhabited by 2.5 million people according to 2010 census of which (over 66% are black African).

Other inhabitants are of Arab stock (Misseriya, Hawazma, etc) – cattle herders or Baggara

The state is a smaller picture of Sudan being multi-cultural, multi-ethnic and multi religious.

Rich – vast, fertile agri. Land; only state in the North that produces oil

Rich state but inhabited by poor people!

Strategic position: used to be in the heart of old Sudan – now longest borders with ROSS (>2000Km) – the new South Sudan

CONTEXT - ROOTS CAUSES OF THE CONFLICT 2/2

Political marginalization

Economic marginalization

Cultural marginalization/discrimination

Religious discrimination

Lack of development

Historical injustices – slavery and slave trade,

colonial experience, etc.

THE COMPREHENSIVE PEACE AGREEMENT –1/3

Signed in Jan 2005 between the GOS/NCP and SPLM/A

Provided a framework for sustainable peace

For South Sudan – referendum after 6 yrs. interim period

For 2 states (SKS and BNS) – special protocol that is considered as a model for resolving the conflict between the centre and the periphery

Protocol: did not address the root causes to the conflict.. But deferred them to future processes

Popular consultation (PC): political, administrative, constitutional, economic and security arrangements

Success of PC – depends on processes being free and fair .. No manipulation of local realities and respect for popular will.

Pre-requisite for success – implementation of provisions of protocol in good faith, fair census, fair voter register, fair demarcation of constituencies and free and fair elections

CPA … CONTINUES 2/3

CPA stipulates that PC be completed in the 4th yr of the interim period

CPA is not final settlement to conflict in SKS and BNS until subjected to the will of the people in the two states

PC end results is a new agreement between the state and the GNU that satisfies the aspirations of the people

Security arrangement

JIUs (SAF+SPLA: 3000x2 = 6000) – integrated, with new doctrine

SAF to be reduced to peace time level (pres. Decree)

SPLA to withdraw South of 1956 borders

SAF and SPLA both considered national armies

CPA – IMPLEMENTATION 3/3

Poor implementation – lack of political will

Remainder of SPLA (proper) withdrawn south of 1956 borders

No decree issued from presidency with regards to SAF downsizing and re-deployment

SAF, instead of expected downsizing – increased

Arming of militia continued

Census and Constituencies manipulated – 2008 population of SKS given as 1.4m – SPLM refused the results and decided to boycott elections

Provided evidence – census redone in 2010 and population found to be 2.5m

SPLM participated in national elections in 2010 – despite reservations but state elections were postponed

State elections in May 2011 were rigged – SPLM rejected results and stated that it will not recognize or be part of any institutions of governance emerging out of it

SPLM-NM would use democratic, peaceful means of resistance

THIS WAR IS PREMEDITATED !

Beshir statement in the city of Gedarif – 19 Dec

10 – calling for an Arab, Islamic country .. No

more so called diversity in Sudan after

referendum of the South (in search of ethnic

purity in Sudan!) – early warning!

Beshir in Muglad campaign – NCP we will win

whether by ballot or by bullet

Unilateral decision to forcefully disarm SPLA –

23.05.2011

BESHIR BORROWED GHAZAFI’S PHRASE!

THE RETURN BACK TO WAR – WAS IT INEVITABLE?

War re-started in SKS on 05.06.2011 – with mutinies within SAF in Kadugli battalion – disobeying orders to disarm SPLA

In Umdorein and Talodi fighting broke out between JIUs components – SPLA refuses to hand over their weapons

On 06.06 a delegation composed of from SPLM and NCP flew to Kadugli in an attempt to arrest the situation but was in vain

Since that date and time: 06.06 at 06 PM suffering of civilians and HR violations in SKS that amount to war crimes in SKS continues on a daily basis.

VIOLATIONS DURING THE EARLY WEEKS OF THE

WARS INSIDE KADUGLI – DOCUMENTED BY:

UNMIS: report on HR situation in SKS – June11

UNHCHR preliminary report on HR situation in

SK – August 11

VIOLATIONS OF HR& HUMANITARIAN LAWS:

INCLUDE:-

Threat to right to life and physical integrity

Indiscriminate killing and attacks against civilians

Allegations of mass graves

Allegations of use of chemical weapons and use of landmines

Aerial bombardments

Abductions

Arbitrary arrests, detentions & associated human rights violations

Forced displacement and coerced returns

Restrictions on humanitarian access

Freedom of expression

Freedom of assembly & association

Violations against UNMIS, its staff and assets

Attacks on Churches

LEGAL FRAMEWORK – UNHCHR REPORT KEY FINDINGS

57. In accordance with international criminal law, serious

violations of human rights and international humanitarian law, such as those described in this report including killings and enforced disappearances, if substantiated could amount to crimes against humanity, or war crimes for which individual criminal responsibility may be sought.

58. The violations described in this report, allegedly perpetrated by the SAF, PDF, Central Reserve Police Forces and the Government Police in Southern Kordofan, and SPLA-N, if substantiated, may constitute war crimes and crimes against humanity under the Armed Forces Act (2007) of Sudan, and the Sudan Criminal Act of 1991, amended 2009.

KEY RECOMMENDATION – UNHCHR REPORT!

An independent, thorough, and objective inquiry be conducted into alleged violations of international human rights and humanitarian law that occurred during the hostilities in Southern Kordofan with a view to holding perpetrators to account. Immunities of members of the military and security forces, alleged to have been involved in violations of international human rights and international humanitarian law, be lifted to allow for prosecutions and trials in compliance with due process and fair trial standards.

CLAIMS OF BURNED BODIES– MUST BE INVESTIGATED!

AERIAL BOMBING: CRATERS OF AERIAL BOMBING

VARIOUS TYPES OF BOMBS

VARIOUS BOMBS AND STRANGE CHEMICALS!

IMPACT OF AERIAL BOMBARDMENT

Massive population displacement.

Killings and serious injuries of innocent civilians, especially women, children and the elderly

Lack of cultivation

Denial of access of humanitarian assistance

Hunger is looming – people are living on berries, leaves and wild food

Destruction of basic services – health, education and water services

Market dries up of basic commodities – sugar, salt, soap and fuel

PEOPLE LIVING ON WILD FOOD, LEAVES AND

BERRIES – WOMEN AFFECTED MOST

DEATH: A PREGNANT WOMAN KILLED ON 22.06

DEATH: A GIRL CHILD OF 12 YEARS

DEATH: AN ELDERLY MAIMED WHILE SOWING THE

SEEDS IN HIS FIELD

LIVELIHOOD AFFECTED: ANIMALS ARE KILLED

INJURIES: GISMA AND SHADYA IN KAUDA 18.09

PUBLIC PLACES TARGETED: CHURCHES,

SCHOOLS AND MARKETS

PEOPLE LIVING IN CAVES: IN ONE CAVE THERE ARE 35 PEOPLE

CHILDREN ALONE IN THE CAVES: MOTHERS GO OUT

FOR FARMING OR IN SEARCH OF FOOD & WATER

INJURIES: HOSPITALS FULL OF INJURED CHILDREN

PROTECTION: RUNNING FOR SHELTER

KAUDA WOMEN AND CHILDREN PROTEST AGAINST

THE EGYPTIANS UNMIS MONITORS

Locals are frustrated from lack of international response:

IMPACT ON HUMANITARIAN SITUATION

Many civilians have been killed and hundreds seriously wounded by indiscriminate aerial bombing in both states - between 13.09 and 13.10, ten (10) were killed and 23 injured.

IDP and refugee numbers are growing due to the ongoing fighting and are expected to significantly increase with the end of the rainy season in a few weeks time

The conflict is beginning to have significant regional dimensions as large numbers of civilians are fleeing to South Sudan (over 14,000) and Ethiopia (over 30,000)

Food security continue to deteriorate for more than 220,000 IDPs in the Nuba Mountains, as people are now relying on berries and leaves for sustenance

Aerial bombing has prevented cultivation in SKS and BNS –normally produce most of Sudan’s sorghum

Risk of mass starvation in both states as the sorghum harvest is expected to fail in a few weeks time.

RECOMMENDATIONS … 1/2

ACHPR must pressure the GOS to immediately allow unimpeded international humanitarian access and assistance to all areas of SKS and BNS

ACHPR must authorise a fact finding mission to investigate alleged violations of international human rights and humanitarian law in the two states, perhaps jointly with the AU Peace and Security Council, invoking article 19 of the PSC Protocol regarding “relationships with the African Commission on Human and Peoples’ Rights” and articles 58 and 59 of the African Charter on Human and People’s Rights relating to matters of emergency.

RECOMMENDATIONS … 2/2

ACHPR must pressure the GOS and the

Sudanese Armed Forces (SAF) to stop targeting

highly populated villages by high altitude

bombers.

ACHPR should urge the GOS to return back to

the negotiation table with SPLM-N under the

mediation of the AUHIP with specific aim to

reach a cessation of hostilities agreement to

allow access of humanitarian assistance to the

war affected people in the SKS.

IN CONCLUSION…

The HR situation in SKS is terrible and the humanitarian situation is catastrophic. It needs our immediate collective response and action

We urge HR defenders in Africa and around the world to advocate for immediate humanitarian access to all parts of SKS.

The conflict in SKS is political in nature and finally parties to this conflict have to resolve it through negotiations by addressing the root causes to the conflict

ACHPR must show leadership by authorising a fact finding mission of inquiry to SKS and BNS to investigate the alleged HR violations.

Perpetrators of HR violations in SKS must be held accountable to the crimes committed.

THANK YOU

NUBA

James Nicholls – Gidel 1999

James Nicholls: Wrestling Promoter – Gidel 2004