Acting High Commissioner statement to Security Council

07 May 2004

Mr. President,

Distinguished members of the Security Council,

Friends and Colleagues,

You have just heard an eloquent and impassioned assessment, from my colleague Jim Morris, of the humanitarian situation currently prevailing in Darfur and, by extension, across the border in refugee camps and sites in Chad.

I come before you to help complete the picture, for the crisis in Darfur is not simply humanitarian in nature. It was not caused by terrible forces of nature outside of human control. It is first and foremost conflict and egregious human rights abuses which have led to such an appalling tragedy. That this is entirely man-made only serves to compound that tragedy.

Today, I am submitting to the Commission on Human Rights, my report on the human rights situation in Darfur. This report is based on the findings of a team that I dispatched earlier this month to both Sudan and Chad to assess the situation on the ground. I am extremely grateful to the Governments of both countries for the full access and independence of movement that they afforded my team.

Copies of this report are being made available to the distinguished members of this Council.

In Sudan, the mission visited Khartoum and Darfur, traveling to the three regional capitals – Nyala, El Fashir and Geneina – as well as to a number of outlying areas. My colleagues met with and interviewed scores of internally displaced persons. They also met and held lengthy discussions with numerous officials of the Government of Sudan.

In Chad, the team visited N’Djamena and also a significant portion of the border region with Chad where it met and interviewed scores of refugees from Darfur.

In short, the mission was able to build up a clear picture of the patterns of human rights violations currently occurring in Darfur.

The report makes for grim reading. It details a litany of violations of fundamental human rights and international humanitarian law in Darfur.

In particular, it notes that the following violations seem to be taking place in Darfur on a systematic basis:

· Indiscriminate attacks on civilians by forces of the Government of Sudan and militias, commonly referred to as Janjaweed, allied to them;
· Rape and other forms of sexual violence;
· Destruction of property and pillage;
· Forced displacement;
· Disappearances; and
· Clear signs that certain ethnic groups in Darfur – primarily the Zaghawa, Fur and Masaalit – are being persecuted and discriminated against, largely out of the perception that it is from these groups that the rebels are constituted and supported.

Several points deserve particular highlighting.

First, that to the displaced, there was no real distinction between the Sudanese military and the Janjaweed. Numerous witness testimonies allege that the two operated in close coordination with each other in carrying out attacks on civilians. The mission was left in no doubt that the Janjaweed were constituted and coordinated by the Government of Sudan as an effective means of crushing the rebellion and its perceived support base.

Second, the rebels – the SLA and the JEM – whom, it should be noted, initiated the conflict, have been in violation of human rights and humanitarian law. The report before you refers to an incident in which rebels launched an attack using a hospital as cover, and of a recent execution of a tribal leader by the rebels, apparently because he accepted humanitarian assistance from the Government.

Third, the very worrying ethnic dimension to this conflict. In short, what appears to have been a rebellion comprising certain specific ethnic groups of African origin has been met with Government action utilizing militia from ethnic groups of Arab origin. The two have traditionally competed with each other for scarce land resources. The impact of desertification in the Darfur region of Sudan has only served to make this competition more intense.

Finally, the violence is ongoing. In particular, the internally displaced in Darfur continue to exist in a climate of terror, often in siege-like conditions at the mercy of the Janjaweed who surround them. These people have no protection. Female IDPs, in particular, are vulnerable. My colleagues heard in detail of an environment in which the fear of rape, and numerous instances of rape, was suffocating.

In short, impunity reigns. In this situation, and with the wet season fast approaching, this crisis could very well become a tragedy.

This current state of affairs cannot be permitted to continue.

In my report, I lay down a number of recommendations, which I commend to you today, with a view to addressing – and ending – the human rights violations in Darfur. Among them include the following.

The Government of Sudan must end all links with the Janjaweed. It must publicly and unequivocally condemn all actions and crimes committed by these militia.

It must bring to justice all those who have violated human rights and international humanitarian law.

Humanitarian workers must be given full and unimpeded access to all areas in Darfur. All parties to the conflict must permit this access.

The Government of Sudan must develop and quickly implement meaningful policies of national reconciliation for Darfur. It must move quickly and unequivocally to end impunity and promote the rule of law in that region.

The internally displaced must be afforded full protection. This must happen now. The Government of Sudan has a legal responsibility to protect all of its citizens.

Refugees and IDPs must be afforded the opportunity voluntarily to return to their homes without fear and in safety. They should be able to reacquire their lands. Restitution, or fair compensation and reparations should be extended to all victims of the conflict in Darfur.

An international Commission of inquiry, given the gravity of the situation, should be established and mandated to produce a public report on its findings. The Commission should be mandated to look into the activities of all belligerents in the conflict and their compliance with international law.

International human rights monitors should be deployed to Sudan, to ensure that effective protection is afforded to all persons there.

Your Excellencies,

The people of Darfur are crying out. They need protection. They need it now. It is incumbent on the Government of Sudan to ensure that they receive this protection in full, that these abuses are not repeated and that there is accountability for past crimes.

The international community must help ensure that this is done and that the very real, painfully acute, humanitarian needs in Darfur are met.

The people of Darfur are crying out. We, the peoples, must listen. We have a chance to do right by them. We must not fail.

Thank you.