Will the CHR give up on Sudan?

IN 1993, the Commission on Human Rights (CHR) passed a resolution (1993/60) appointing a Special Rapporteur to monitor the situation in Sudan and expressing "deep concern at the serious human rights violations in the Sudan, including summary executions, detentions without due process, forced displacement of persons and torture…". Earlier, the situation of human rights in the Sudan had been discussed at the CHR's 47th session, in 1991, under the Confidential Procedure. It continued to be discussed under the Confidential Procedure at the CHR's sessions in 1992 and 1993.

A decade on, little has changed. However, if the majority of the Commission's members this year believe - and they do, as the whispers around Room XVII indicate - that the impoverished, war-wracked country no longer needs monitoring, the Special Rapporteur, Mr Gerhart Baum, may not see his wish of "stronger involvement of the United Nations in the Sudan" fulfilled.

In his interim report submitted to the General Assembly nine years ago, the first Rapporteur on Sudan, Mr Gàspàr Bìrò referred to reports of extrajudicial killings and summary executions of civilians and army officers by the Sudan People's Liberation Army (SPLA) and of aerial bombardments by government forces of civilian targets. He also documented reports of widespread torture and ill-treatment, disappearances, and arbitrary arrests and detention.

Ten years later, Sudan is still in turmoil, the conditions that so worried the 48th session of the CHR still prevail. Human rights organisations have documented violations taking place even as the National Islamic Front government and the Sudanese Peoples' Liberation Movement (SPLM) convene peace talks aimed at ending Africa's longest running civil war. Early this year, the Brussels-based International Crisis Group (ICG) called on the international community - in particular, the United States, Britain and Norway, all supporters of the peace talks - to pay close attention to pro-government militias which, at the end of 2002, carried out an offensive against communities in the oil-producing regions of southern Sudan where European, Asian and Canadian companies generate revenues of approximately US$500 million a year. This was also borne out by a report of the Civilian Protection Monitoring Team (CPMT), which is composed of US military personnel and some civilian experts.

According to ICG, "the offensive from late December [2002] until the beginning of February [2003] was an extension of the government's long-time strategy of depopulating oilrich areas through indiscriminate attacks on civilians in order to clear the way for further development of infrastructure. Eyewitness accounts confirm that the tactics included the abduction of women and children, gang rapes, ground assaults supported by helicopter gunships, destruction of humanitarian relief sites, and burning of villages. A senior Sudanese civil society member concluded: "The Nuer militias are the most potent threat to human security and stability in the South, regardless of whether peace is concluded or not".

The attacks "reflected a calculated decision to violate the cessation of hostilities agreement signed on 15 October 2002. The signing of new agreements, therefore, does not guarantee their implementation," the ICG report said.

Meanwhile, the violations continue. According to the Sudan Organisation Against Torture (SOAT), in November 2002, Mohamed Awad Abdalla, 21, and Hussam Aldin Yousif, 23, both agriculture students at Khartoum University, were arrested by a branch of security officers concerned specifically with students. The men were first taken to offices belonging to the political section of the security forces and were later transferred to the Executive Security offices at the Army General Command Headquarters. They were beaten with water hoses and whipped with 'soots' or leather whips. Hussam was detained there until 26 November 2002 after he signed a pledge not to get involved in future demonstrations against the regime. Mohamed was transferred to Kober prison where he remains in detention without trial, SOAT adds.

Last month, Amnesty International reported the incommunicado detention of a trainee advocate by members of the security forces. Adam Abdel Hamid Adam was taken to the offices of the National Security Agency in Khartoum for interrogation. Amnesty said that detainees held in the National Security Agency offices have been known to be tortured and then transferred to a secret political wing of Kober prison in Khartoum. Mr Adam is a member of the Abdelmajeed Imam Centre which carries out activities related to peace and human rights. The Special Rapporteur, in his report, also mentions Mr Adam as one of several students in incommunicado detention.

Human Rights Watch (HRW) further reports that the government continues to impose controls on political activity. "Security forces break up demonstrations and meetings, arbitrarily detain human rights advocates and political activists including students, and hold them without trial, sometimes torturing them," according to an HRW briefing paper.

The rebel SPLM/A is also responsible for violations, having "engaged in abuses against southern populations, on at least two occasions in 2002 killing or abducting scores of civilians in two villages, Tuhubak and Todaj. It has often impeded the rights of assembly and expression of persons living in SPLM-controlled areas. During its capture of Torit in August 2002, the SPLM/A reportedly summarily executed scores of captured government soldier combatants."

In view of the serious and widespread nature of human right abuses by all parties, it is surprising that the Special Rapporteur's report shies away from using stronger - and more specific - language to comment on the situation in Sudan.

The report mentions, for example, that in areas controlled by the SPLM/A, there are virtually no guarantees for the respect of human rights and fundamental freedoms. However, there is no reference in the report of the August 200 incident. The term 'extrajudicial executions' does not occur anywhere throughout the text.

Furthermore, referring to his previous reports, the Special Rapporteur points out that he had repeatedly stated that oil was exacerbating the conflict, insofar as the war in the Sudan is mainly the result of a fight for the control of power and resources. The current report however makes no mention of the November 2002 onslaught by government forces on communities in the Western Upper Nile oilfields.

While the peace process must be bolstered by words of support and encouragement, this must not preclude the exposure and criticism of events as they occur. Well-intentioned as Mr Baum might be, his diplomatic instincts are clearly in place. If and when the Commission gets over its perception of Special Procedures as being a general nuisance, it might want to rethink the idea of appointing a former diplomat as an Expert.

Nevertheless, to his credit, the Special Rapporteur, in 2002, sent 10 joint urgent appeals concerning 177 individuals, and expressed "concern at the number of cases concerning students reportedly arrested, detained and at times allegedly tortured" following student demonstrations at the University of Khartoum. In his latest report to the CHR (E/CN.4/2003/42), he admits that "[i]n general, in spite of the commitments made, the overall human rights situation has not improved. While the civil society has become more pro-active and better organized, the security apparatus continues to operate in impunity."

The recent decree ordering the appointment of a committee to bring Sudanese laws in line with international humanitarian law and to set up implementation mechanisms shows that international pressure may be having some effect. The fragile peace process nevertheless needs to be monitored constantly, and the Special Rapporteur can make a significant difference in this regard.

The world has paid a high price for having disregarded warning signals in the past. The Rwandan genocide is only one example. The international community must not turn away from Sudan when the country is at its most vulnerable. Extending the mandate of the Special Rapporteur is only the first step.