Refugee Rights News
Volume 1, Number 2
December 2004
The Situation in Darfur—No End in Sight
The situation in Darfur continues to deteriorate. Despite a flurry of diplomatic and political activity at the regional and international levels over the last two months the situation on the ground has changed little for the people of Darfur. As the Secretary General of the United Nations concluded in his report in November, “overall, violence seems to be increasing and affecting civilians indirectly as well as directly: ….Attacks and killings continue to occur in Darfur on a scale that is unacceptable.”
Expansion of the African Union (AU) mission
In October it had seemed that some relief was in sight as the African Union secured an agreement with the Sudanese authorities to expand the size and mandate of the AU mission on the ground. The AU Peace and Security Council announced on October 20 that the mission would have the responsibility to protect both civilians and “static and mobile humanitarian operations” “under imminent threat and in the immediate vicinity, within resources and capability.” The mission itself would also be strengthened and would consist of up to “3,320 personnel, including 2,341 military personal, among them 450 observers, up to 815 civilian police personnel, as well as the appropriate civilian personnel.” Although the new mission mandate fell short of a requirement that AU forces actively seek to protect civilians, many felt that the new operational framework offered some potential for improving the increasingly fragile security situation. Such optimism was, however, short-lived.
As bickering over the details of the deployment ensued, only a trickle of the new reinforcements arrived. By the end of October the military component of the mission on the ground stood at 597 and there was little sign that the warring parties intended to adhere to their commitments to safeguard civilians and permit humanitarian access. On November 2, reports out of South Darfur told how government troops had surrounded an internally displaced persons (IDP) camp and blocked access to aid agencies. Meanwhile rebel groups were accused of abducting civilians, the UN security coordinator suspended certain field missions and aid agencies were evacuating personnel from West Darfur. The Security Council once again found itself expressing “deep concern” about the deteriorating security situation and condemning the “ ongoing violations of international human rights and humanitarian law such as attacks on civilians, sexual violence and hostage-taking that are being perpetrated in Darfur by all parties.”
Abuja Protocols
On November 9, fresh hope was seeded once more with the signing of new agreements in Abuja between the Government of Sudan and representatives of the Darfur rebels. The two Protocols on the Improvement of the Humanitarian Situation in Darfur and on the Enhancement of the Security Situation in Darfur were aimed at reinforcing the April ceasefire—but added little that was new. Some fresh elements were envisaged, however, such as expansion of the number of UN High Commissioner for Human Rights monitors and the creation of a Joint Humanitarian Facilitation and Monitoring Unit. The will of the parties to adhere to these re-articulated humanitarian principles, however, was less than steadfast. On the very day that the protocols were signed government authorities reportedly beat residents of El Geer camp and used tear gas in an attempt to force their relocation to a new camp. AU and UN officials looked on, helpless to intervene.
UN Security Council meets in Nairobi
On November 18-19, the UN Security Council met in Nairobi in special session. Although the objective of the meeting was primarily to shore up the southern Sudanese peace process, many hoped that it would also provide an opportunity to send a decisive message to the Sudanese government and the rebels in Darfur about the need to reach a peaceful solution in the west. Prior to the meeting the Secretary General himself had called upon the SC members to issue the “strongest warning” to the warring parties, but it was reluctant to take a robust stand. Ultimately no new measures were announced. No new deadlines were set.
As the SC meeting in Nairobi drew to a close, non-governmental organizations (NGOs) were gathering together in Dakar, Senegal to participate in the NGO Forum held prior to each session of the African Commission on Human and Peoples Rights (ACHPR). The November ACHPR NGO Forum sent a strongly worded message to all parties in Darfur on the need for progress in ensuring the safety of civilians. NGOs agreed a resolution which was transmitted for consideration by the ACHPR along with a report containing an update on the human rights situation in Darfur. Taking into account the broader political context, NGOs also raised the question of whether it was appropriate to proceed with plans to hold the July 2005 AU summit in Khartoum in the light of the continuing tragedy in Darfur.
NGO efforts in Dakar took place against the backdrop of a deteriorating situation in Darfur. As the ACHPR’s formal session began on November 22, fresh fighting broke out in North Darfur and by the end of the week the ceasefire had all but been repudiated. In the first days of December attacks on the Kalma and Deraij IDP camps in South Darfur were again being reported, humanitarian access was being restricted in West Darfur, and aid workers in North Darfur were only gradually beginning to return to their posts after rebel attacks had forced their evacuation.
Lack of genuine political will
Little has changed on the ground for the ordinary people of Darfur. The government of Sudan has failed to assume its primary responsibility for the protection of civilians in Darfur. The Janjaweed militias continue to act with impunity and government military and security forces continue to commit serious human rights violations. Rebel groups are also engaging in violations of international humanitarian and human rights law.
During the last two months the international community has failed to deliver an unequivocal message to the warring parties in Sudan. As competing political priorities and divergent interests leave the Security Council split, decisive action has been missing. The rhetoric of imperative has not been backed by action—in stark contrast to the swift response to the drama being played out in Ivory Coast, including the unanimous imposition of an SC arms embargo. The inaction has perhaps been a contributing factor to a climate in which violations of the ceasefire and attacks on civilians, including IDPs in internationally staffed camps, seem to have taken on an ever more audacious character. It remains to be seen whether the report of the International Commission of Inquiry on Darfur—due in January—will be the spur that permits a more courageous engagement. The people of Darfur are running out of time.
