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RIGHTS COUNCIL HEARS STATEMENTS BY SPECIAL ADVISOR ON PREVENTION OF GENOCIDE AND SPECIAL RAPPORTEUR ON HUMAN RIGHTS IN SUDAN
17 March 2008
The Human Rights Council this morning heard statements made by the Special Advisor of the Secretary-General on the prevention of genocide and the Special Rapporteur on the situation of human rights in Sudan.

In his address to the Council, Francis Deng, the Special Advisor of the Secretary-General on the prevention of genocide, said genocide was one of the most heinous crimes human beings could inflict upon fellow human beings. One would expect humanity to be united in its condemnation, prevention and punishment. Considering that most countries were characterized by diversity and gross inequalities in the shaping and sharing of power, national wealth and employment, the potential for identity conflicts that could escalate to genocide was far more widespread than was generally assumed and was not limited to one region or a selected group. 

The best way to prevent genocide in a sustained manner was to address the root causes of genocidal conflicts, often reflected in structures and policies of marginalization, exclusion, discrimination and denial of rights of citizenship and the enjoyment of all human rights, Mr. Deng added. Any efforts to contribute to equality, non-discrimination, the right to education, an effective and functioning judiciary, and the right to a wide range of economic, social, cultural, political and civil rights, all contributed to preventing genocide. The sixtieth anniversary of the 1948 Convention on the Prevention and Punishment of Genocide was an opportunity for taking stock of what had been achieved so far and how the Member States could redouble that effort to strengthen the will and the capacity for preventing genocide and related crimes. 

Presenting her report to the Council, Sima Samar, the Special Rapporteur on the situation of human rights in Sudan, referring to her travel to Darfur during her last visit to the Sudan in February and March 2008, said she was disturbed by the critical human rights situation in the region and particularly the ongoing major military offensive in West Darfur. The Government and the rebel groups had failed in their responsibility to provide protection to the civilians in areas under their control and were violating international human rights and international humanitarian law. Reports were received on killings, sexual violence, arbitrary arrest and detention and impunity for such crimes. It was noted that on 8 and 9 February, Sudanese ground forces and militiamen supported by Government planes and helicopters raided the towns of Sirba, Silea and Abu Suruj in the northern corridor of West Darfur. The attacks were marked by indiscriminate killings, destruction of property and looting and plundering. More than 100 people were reported killed while many others were displaced to nearby villages and towns. An estimated 12,000 of the displaced crossed over the border to neighboring Chad. 

The Special Rapporteur called on the international community to fulfill its pledges to the United Nations-African Union Mission in Darfur (UNAMID) so that it could have the necessary resources available to provide protection to the people in Darfur. The Special Rapporteur also urged the Government to accelerate law reform related to the democratic transition and the Comprehensive Peace Agreement especially regarding the reform of important laws, including the National Security Act and the National Human Rights Commission bill. The Government should also take urgent action to prevent further violations and the Human Rights Council should continue to monitor the human rights situation, review the implementation of the Group of Experts compilation of recommendations and evaluate progress made at its upcoming sessions in accordance with the indicators suggested by the Group. 

When the Council resumes its work this afternoon at 3 p.m., it will hold interactive dialogues with the two Experts on the prevention of genocide and the situation of human rights in Sudan, after which it will begin to review the mandates for the Special Rapporteur on Myanmar, the Working Group on enforced or involuntary disappearances and for the Independent Expert on human rights and international solidarity. 

Report of Secretary-General on Implementation of the Five Point Action Plan and the Activities of the Special Adviser on the Prevention of Genocide

The Council has before it the report of the Secretary-General on the implementation of the Five Point Action Plan and the activities of the Special Adviser on the Prevention of Genocide (A/HRC/7/37), which provides an update on developments concerning the United Nations framework for the prevention of genocide, a description of the activities of the Special Adviser on the Prevention of Genocide, and addresses the need to strengthen the capacity of his office to more effectively discharge the mandate. Developments in the implementation of the Secretary-General’s Five Point Action Plan to prevent genocide indicate some of the progress made in developing a culture of prevention within the United Nations system, including improved coordination in the response of different United Nations entities. The report also briefly covers the “Responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity” as embodied in the 2005 World Summit Outcome Document. It also covers the establishment of the Advisory Committee on the Prevention of Genocide and its contributions to the work of the mandate. Secondly, the report covers the mandate and activities of the Special Adviser on the Prevention of Genocide, emphasizing the importance of ensuring that the work of the Special Adviser is adapted to the challenges of prevention on the ground. This includes the mandate’s four inter-related initial areas of focus: protecting populations at risk; accountability; humanitarian assistance; and addressing underlying causes of conflict. The report places emphasis on raising awareness of both generic and specific situations, through consultations with States, with the United Nations agencies and departments, and with other organizations, including members of the civil society. It underlines that the United Nations has experienced difficulty in the past in giving priority to recognizing risks of large scale violence and acting early enough to ensure timely and effective prevention. The report concludes that the Special Adviser could make a significant contribution by ensuring that such risks of large scale violence are promptly recognized, and opportunities opened for United Nations agencies, departments and programmes to play an effective preventive role.

Presentation by the Special Adviser on the Prevention of Genocide

FRANCIS DENG, Secretary-General’s Special Adviser on the Prevention of Genocide, introducing his report, said that he had assumed his position in August 2007 and was still in the process of establishing the office. Genocide was one of the most heinous crimes human beings could inflict upon fellow human beings. One would expect humanity to be united in its condemnation, prevention and punishment. Genocide was often proven only after the fact. The responsibility of his mandate was to collect information on massive and serious violations of human rights and international humanitarian law that, if not halted or prevented, might lead to genocide. His role was also to act as a mechanism of early warning to the Secretary-General and to the Security Council and to make recommendations to them on actions to prevent or halt genocide. In order to address the challenge of early detection and prevention, a constructive engagement with Member States was needed. His approach was recognizing and respecting the sovereignty of states but was seeing it as a concept of State responsibility to protect and assist its citizens. His office, in order to carry out its mandate, needed commensurate human and material resources. A number of Government and foundations had indicated their willingness to provide support. 

Mr. Deng said that considering that most countries were characterized by diversity and gross inequalities in the shaping and sharing of power, national wealth and employment, the potential for identity conflicts that could escalate to genocide was far more widespread than was generally assumed; it was not limited to one region or a selected group. With respect to situations of concern, the recent events in Kenya were noted. In the immediate wake of the events, they had closely monitored the developments to assess the potential for the escalation of violence and for preventive action. His staff had visited Kenya during the course of last month. He had also consulted with former Secretary-General Kofi Annan. It was important to remain attentive and vigilant over the situation. 

Mr. Deng said that under his mandate, he also intended to look at countries where diversity was constructively managed and which represented best practices. He had engaged in an extensive process of consultation with Member Sates, United Nations agencies, academic institutions and non-governmental organizations. He was also collaborating with the Advisory Committee on the Prevention of Genocide. The best way to prevent genocide in a sustained manner was to address the root causes of genocidal conflicts, often reflected in structures and policies of marginalization, exclusion, discrimination and denial of rights of citizenship and the enjoyment of all human rights. Any efforts to contribute to equality, non-discrimination, the right to education, an effective and functioning judiciary, and the right to a wide range of economic, social, cultural, political and civil rights, all contributed to preventing genocide. The sixtieth anniversary of the 1948 Convention on the Prevention and Punishment of Genocide was an opportunity for taking stock of what had been achieved so far and how the Member States could redouble that effort to strengthen the will and the capacity for preventing genocide and related crimes. 

Report of the Special Rapporteur on the Situation of Human Rights in Sudan

The Council has before it the report of the Special Rapporteur on the situation of human rights in Sudan, Sima Samar (A/HRC/7/22), which says that protection of human rights in Sudan continues to be an enormous challenge. Some slow progress has been made, in particular with regard to drafting of new bills, issuance of orders, and new policies; however, they have not yet had an effect on the situation. Violations of civil and political rights remain widespread, and delays in the implementation of Comprehensive Peace Agreement continue to hamper the protection and promotion of human rights, particularly economic, social and cultural rights. A particular concern is that women continue to be considered as second class citizens, and early and forced marriages, violence against women and female genital mutilation are still widely practised. Impunity also remains a serious concern in all areas. Other concerns are the repression of fundamental rights and freedoms, excessive use of force, arbitrary arrest and detention and torture and ill-treatment of human rights defenders and political opponents. Measures taken by the Government of Southern Sudan to strengthen the administration of justice remain inadequate in light of the thousands of cases of people under pre-trial detention and considerable numbers of detainees held in detention and prison facilities for extensive periods without their cases being reviewed and without receiving any kind of legal assistance. The Special Rapporteur, inter alia, calls on the Government of National Unity and the Government of Southern Sudan to investigate all reports of human rights violations with transparency, to bring perpetrators to justice, to provide reparations to victims and to promote the rule of law. 

Presentation by the Special Rapporteur on the Situation of Human Rights in Sudan

SIMA SAMAR, Special Rapporteur on the situation of human rights in Sudan, in presenting her report covering her latest visit to Sudan in February and March this year, said the geographical focus of this visit was on North, East and West Sudan. During the visit, the Special Rapporteur met with a wide variety of interlocutors, including the Minister of Foreign Affairs, the Deputy Minister of Justice, and the inter-ministerial committee appointed as focal point for her visit, among others. Although her trip to the Northern State was cancelled by the State security committee, she had also met with representatives from the affected communities in the Nile valley area where two hydropower dams were being constructed in Khartoum and urged the Government to take all necessary measures to ensure the safety and adequate housing of persons living in the area. The Special Rapporteur was particularly concerned about the lack of accountability for the killings of protesters in Amri and Kajbar in 2006 and 2007 and urged the Government to make the findings of its investigation committee public and to prosecute those who were responsible without further delay. The Special Rapporteur also urged the Government to investigate and address allegations of torture and ill-treatment in detention by the National Security and the police. The Special Rapporteur also enquired about the 29 January 2005 killing in Port Sudan and called on the Government to make the findings of the investigative committee public and to bring those responsible to justice. 

The Special Rapporteur said she had traveled to Darfur and was disturbed by the critical human rights situation in the region and particularly the ongoing major military offensive in West Darfur. The Government and the rebel groups had failed in their responsibility to provide protection to the civilians in areas under their control and were violating international human rights and international humanitarian law. Reports were received on killings, sexual violence, arbitrary arrest and detention and impunity for such crimes. It was noted that on 8 and 9 February, Sudanese ground forces and militiamen supported by Government planes and helicopters raided the towns of Sirba, Silea and Abu Suruj in the northern corridor of West Darfur. The attacks were marked by indiscriminate killings, destruction of property and looting and plundering. More than 100 people were reported killed while many others were displaced to nearby villages and towns. An estimated 12,000 of the displaced crossed over the border to neighboring Chad. The Special Rapporteur also noted that she had visited Abu Suruj, a village west of Geneina, where, following an attack on the village on 8 February 2008, the majority of the population fled to Chad and Jebel Moon. During the armed attack serious violations of international human rights and international humanitarian law were committed, notable attacks on civilians, forced displacement and extensive destruction of civilian property. At least 27 people, including women, children and elderly persons, were reported killed. In Gereida, South Darfur, under the control of the SAL/MM, the Special Rapporteur also enquired about the case of 19 Massalit men who were arrested by the SLA/MM and then disappeared on 29 September 2006. The Special Rapporteur called upon the Government to investigate, inform the families of the fate of their relatives and bring the perpetrators of human rights violations to justice. 

The Government had provided some information on steps taken in the area of combating violence against women in Darfur, the Special Rapporteur noted. The Committee on Combating Gender-Based Violence was seeking to raise awareness in the community and as a result some police officers and armed forces had been convicted and punished for committing sexual violence in all three Darfur States. The establishment of a unit for women and children in the police station in Khartoum was an important step by the Government and the Special Rapporteur called on the Government to continue establishing such units all over Sudan and especially in three Darfur States. The slow deployment of the United Nations-African Union Mission in Darfur (UNAMID) troops in Darfur had disappointed the community, the IDPs and especially the women in the IDP camps. The international community was called upon to fulfill its pledges to UNAMID so that it could have the necessary resources available to provide protection to the people in Darfur. The Special Rapporteur urged the Government to accelerate law reform related to the democratic transition and the Comprehensive Peace Agreement especially regarding the reform of important laws, including the National Security Act and the National Human Rights Commission bill. The Government should also take urgent action to prevent further violations and the Human Rights Council should continue to monitor the human rights situation, review the implementation of the Group of Experts compilation of recommendations and evaluate progress made at its upcoming sessions in accordance with the indicators suggested by the Group. Moreover, the Special Rapporteur called on the Government to ensure that all allegations of human rights and international humanitarian and human rights law were duly investigated and that those found responsible were promptly brought to justice.