United-Nations General Assembly
Fifty-fifth session, October 2000

Abstracts
This report provides certain elements. The style is diplomatic; “abduction” and “kidnapping” mean “enslaving”, whereas “ill-treatments” and, most of the time, “abuse of power” should be read “tortures ending in death or leaving permanent sequels”. Many documented  human rights violations perpetrated by the Government as a consistent policy on large sections of the population, are not even mentioned in this report, would it be only to state that the Special Rapporteur did not get any evidence. Such are the racial cleansing of Moslem African farmers in Darfur, the quasi persecution of the non-Moslem part of the population, the roundup of young boys in urban centres.  In oil areas, displacements are mentioned but not the killings originating them. The camps set up in the Sudan for the children kidnapped in Uganda by the LRA are mentioned incidentally to be understood by those in the know.
We grouped together the pieces of information concerning the same topics; the subtitles and underlining are ours.

 In war-torn areas

The Government
The Special Rapporteur (SR) is profoundly shocked by the recurrence of the Government’s practice of bombing civilians and civilian installations, including humanitarian ones. The Government explained that unfortunate and unintended incidents did take place on rare occasions. The SR, however considers this explanation to be inconsistent with the number and frequency of the aerial attacks against civilian and humanitarian targets. Rather, it appears to be a consistent policy and the SR must therefore conclude that the Government is committing serious violations of international humanitarian law.

Canadian sectors of civil society accused Talisman Energy Incorporated of being the passive accomplice of human rights abuses in Upper Nile  linked to petrol exploitation so as to guarantee security for its oil operations. As a result, the Government of Canada decided to send an assessment mission led by John Harker. The findings of the mission revealed that, after the May/June 1999 offensive in Rweng county the decline in population had been about 50 per cent, and that over the years, the series of attacks and displacements were leading to a gradual depopulation of the area, since only a percentage of people who fled returned after each displacement. The Harker mission pointed out that in the Heglig-Rweng area the situation had worsened with the beginning of oil exploration and had continued to deteriorate over the years because of the periodic offensives launched by the Government and its allies, resulting in destruction and mass population displacement. During his mission, the SR attempted on two occasions to travel to the oil area but was unable to do so because of security reasons, logistics reasons and the Government hindering access. The SR was informed that there was a military camp close to the oil fields and that military movement around it did take place. Talisman representatives also confirmed that the Heglig airstrip was used for military purposes. Talisman is developing Heglig through the construction of facilities such as schools and hospitals, while encouraging its workers to move there [According to Harker report, only Northerners are allowed to work on oil fields, VS]. An Arab Baggaara tribe [from the North, VS], is moving into the region, thus putting further pressure on the local Nuer who were reportedly leaving the area and heading towards the south or to the Shuluk area of Tonga in the direction of Malakal. It was also reported that some names of the local villages had been adapted to the Arabic language, which might imply a strategy aimed at arabizing the area, with a view to claiming it. This would make sense considering that Bentiu, itself a garrison town, is an enclave controlling the oil, within territory held by SPLM/A. It was also reported that a new urgent humanitarian crisis, mainly related to the fighting in Upper Nile, was taking place, involving looting and destruction of crops and villages and generating further displacement. On several occasions, the Government had denied access to OLS in western Upper Nile. At the beginning of August, the United Nations estimated that there were up to 40,000 internally displaced persons moving into Bentiu, most in an alarming nutritional state. Further studies by non-governmental organizations have appeared, which document the various aspects of the links between the oil issue and the human rights situation.

In his former report the SR welcomed the creation of the Committee for the Eradication of Abduction of Women and Children, (CEAWC) and suggested that its work be assessed against: (a) the identification, tracing and retrieval of abducted women and children; (b) their reunification with their families of origin; and (c) the undertaking of a study on the root causes of this practice in order to prevent its reoccurrence. The SR was informed that no serious investigation had taken place of the root causes of this practice, possibly because of a lack of engagement of the top political leadership in the process or a reluctance to cooperate. The SR received general information reiterating data collected previously, indicating that between 5,000 and 15,000 Dinka children and women had been abducted and transferred to the areas of the Arab Baggaara tribesmen. Abductions allegedly occur during raids by Baggaara armed militia, maverick groups and bandits, or members of the Government-affiliated People’s Democratic Front (PDF) [Popular Defence Forces, VS]. Abducted are subsequently forced to herd cattle, work in the fields, fetch water, dig wells, do housework and perform sexual favours. Their treatment is extremely harsh: abuse, torture, rape and, at times, killing being the norm. Of the approximately 1,230 documented cases that were traced and retrieved in field missions in Southern Darfour and Western Kordofan, 353 children had been reunited with their families1. The process had been inordinately slow, expensive and wrought with obstructions from various actors at the national and sub-national levels. The need for a massive advocacy campaign aimed at the broadest range of actors was often underscored 2. The SR regrets that the Chairman of the Dinka Committee [official representative of the Dinka in the CEAWC, VS] suffered abuse, including detention and other serious impediments to the discharge of his mandate3.
The SR had expectations that, with the creation of CEAWC, there would be no recurrence of raids. He learned with dismay, however, that, on 21 February 2000, PDF allegedly attacked several villages in northern Bahr-el-Ghazal, killing 16 civilians, abducting some 300 women and children and stealing cattle while looting and burning villages. The information was confirmed by United Nations security officers in Lokichoki. The Sudanese authorities promised to shed light on the incident 2.

The SPLM/A
SPLM/A is responsible for military actions taken in violation of the ceasefire.
Several reports were received that SPLM/A were forcefully recruiting children. In December 1999, in the villages of Lorus and Nimule, Eastern Equatoria, SPLM/A took by force a number of children to train as soldiers. SPLM/A representatives in Nairobi defined SPLA as a voluntary army and claimed that efforts were under way to demobilize any children under the age of 16 years and to put them into school. A demobilization camp was set up in Rumbek as a result of a joint effort by UNICEF and SPLM to move the under-aged troops off the battlefield.
SPLM/A are allegedly planting mines around villages in Eastern Equatoria for purposes of defence. This practice often prevents the local population from cultivating the land and seriously affects internally displaced persons. It was further reported that children had been seen collecting mines and that mines had exploded, maiming the child. The  SPLM/A representatives stated that they only replanted mines that had originally been planted by the Government, moving them to other locations. SPLM/A also informed the SR of efforts to clear of mines the areas under its control.

Both sides
The SR wishes to draw special attention to the plight of the internally displaced persons whose number has further increased as a result of the recent intensification of the conflict, inter alia, in Bahr-el-Ghazal, Upper Nile, Kassala and Eastern Equatoria.

In War-free areas

Government-held areas
The SR considers that the security forces deem themselves to be above the law and act with virtual impunity, and has expressed serious concern on the 1999 law which repealed the 1994 Security Act although in the Government’s view it represents an improvement. This law provides for the creation of a special court to deal with security-related cases. Among other crimes, the special court, which is composed of security officers with no participation of members of the regular judiciary, exercises jurisdiction over cases of abuse of power by security agents. Governmental officials reported that it had become the practice that cases involving physical or material damage to private citizens were referred to ordinary courts. The SR would welcome such practice being enshrined in law. He also requested the authorities to provide him with evidence of public trials held against members of the security forces2. The law allows derogations from ordinary procedures of arrest and custodial detention. In particular, the law prescribes that: (a) a security agent can carry out an investigation, including acts such as search and arrest, with the sole authorization of an order issued by the Director General of the Security Services; and (b) within the first three days of detention, the security agent must provide reasons for arrest. This detention can be prolonged for a further 30 days by the Director General who is under an obligation to inform the competent prosecutor who, however, has no obligation to review the case until it becomes eligible for another 30-day extension period. Custodial detention can then be extended for an additional 30 days, this time with the approval of the competent prosecutor. In accordance with the law, the arrested person can contact her or his family or peer group if that does not prejudice the investigation of the case, but the law does not provide for the arrested person to contact a defence lawyer, which virtually opens the way to incommunicado detention. While the Prosecutor’s Office exercises full state authority under the Ministry of Justice, there appears to be a lack of counterbalancing institutional guarantees in favour of the suspect, such as prompt and adequate access to a defence lawyer and the right to an independent judicial review of the detention. According to the law, public prosecutors having competence over security cases are appointed by the Minister of Justice. While governmental officials stated that it is the practice for the highest ranking prosecutor to follow security cases, other sources suggested that such prosecutors are selected on the basis of their close ties with the security apparatus. A collusion of interests in the executive with regard to security cases can never totally be ruled out [sic VS]. The 1996 Regulations provide the arrested person with the right to seek a judicial review from a competent judge. In practice, however, since the detainees are not guaranteed access to persons other than security agents, they may not benefit from that right.

The SR noted with appreciation that people appeared to be enjoying a greater degree of freedom of expression and assembly than during his previous missions. Nevertheless, human rights remain vulnerable, owing to the expansion of powers enjoyed by the security organs, the lack of judiciary revision and the tight control of the ruling party over the institutions and the social life of the country3.  A number of opposition figures raised   very serious concerns about:
-the role of security agents who are invariably identified as putting in jeopardy human rights and fundamental freedoms. 
- the Tawali law, which was subsequently replaced. Political participation through a free election is virtually not possible.
- the right to freedom of association: it was reported that the current trade union law was not in line with conventions of the International Labour Organization and that amendments were therefore necessary. Also, there is reportedly no law allowing the establishment of civil society organizations. 
- the  freedom of expression, the Press and Publication Act reportedly allows for the arbitrary suspension of newspapers with no court involvement in the decision, with the result that the press is intimidated 4.
-the increasing number of internally displaced persons, in particular women who had lost their husbands owing to the war and children, many of whom were deprived of shelter, education, access to food and medical care. Most of these persons are illiterate and have no other means of earning their living than to resort to traditional brewing, which is a crime under the Sharia law in force in the north. The Public Order Police therefore arrest them and often subject them to ill-treatment and torture, including sexual abuse and lashing. The persons  who could not be accommodated in the camps provided by the Government had to be temporarily confined to the outskirts of the major towns. After 10 to 15 years, they have now been relocated by force without any notice. 
-The plight of the people in the Nuba Mountains was also referred to as a matter of concern 3.

The SR visited Omdurman Women’s Prison, there were 159 mothers and 181 accompanying children [infants, VS]. Ninety per cent of the inmates were in jail on charges of brewing alcohol. From the interviews conducted, it emerged that, in most cases, the Public Order Police are responsible for the arrests. Women are only occasionally charged but are often beaten up. Most of them had not received any legal assistance. Some of them had been tried by a judge with no legal representation whatsoever, and sometimes no witnesses. Several cases of similar nature were detected, and a pattern could be identified. Women from southern Sudan move to the north to flee the war. Many of them resort to alcohol brewing to make money and feed their children. Reportedly, although most of the inmates had been jailed for brewing alcohol, the alcohol sometimes had been bought by the police themselves who had then used it as evidence against the women. Concern was raised about the fate of children once mothers had been arrested, since most of them become street children, with no one taking care of them. There were 826 inmates held in Omdurman,(the foot not says 964). Later 563 women have been released5.Reportedly, hygienic conditions are not satisfactory and water is often cut off; the food is scarce and of poor quality; inmates are not allowed to receive food and if relatives brought it, it is immediately confiscated by prison wardens; visits are not always allowed and  relatives are sometimes asked to pay. To a certain extent, health care is provided. Ill-treatment was also common, although rumours that rape occurred within the detention facility were not confirmed.

The minimum age of criminal responsibility is set at 7 years. Although the Convention on the Rights of the Child does not define a specific minimum age, the Committee on the Rights of the Child has frequently expressed concern when the age is set too low, be it 7 or 10 years. The SR visited a reformatory, at which juveniles between 7 and 18 years of age are detained as a preventive measure for up to three years. A total of 82 boys and 13 girls were being hosted. The detention seems to be rather a form of rehabilitation. The delegation briefly chatted with some of the children and was informed by one of them, aged 17 years, from western Sudan, that she had been arrested while at the market with a group of people who were brewing alcohol. She had been sentenced to two years. Another child, aged 14 years, had been sentenced to one year and three months for the theft of money, while another, aged 13 years, had been caught with stolen money. The delegation was informed that children wake up, pray and go to school where they are taught mathematics, sciences, Islamic literature and religious studies, both for Christians and Muslims. They are allowed to play football on Fridays and Sundays. Hygienic conditions seemed to be acceptable, the place looked clean and so did the children.

The SR handed over a list of selected cases of allegations of human rights violations for the Government to follow up. The list, which covered the period from April 1999 to the end of the visit by the SR, identified five cases of torture, seven cases of arbitrary detention (affecting some 50 individuals), three cases relating to freedom of expression and one case linked to freedom of movement. The list also included three cases of disappearances dating back to 1997/1998 and seven further cases of arbitrary detention affecting some 20 individuals, which, however, had not been confirmed.7 (Owing to space limitations, the cases have not been described in the present report.)

On 25 December 1999, around 100 students at Wadi al-Neel University, Atbara, were dismissed because of their political opinions. Some of them were reportedly subjected to arbitrary detention or ill-treatment. Their names were reflected on a list which was handed to the Sudanese authorities. Similar incidents were reported in June (in particular at the University of Sinar, Blue Nile) and August 2000.

The SR learned with concern of several cases of harassment of United Nations staff. Both Sudanese and international staff were being harassed with regard to entry and exit visas, routine flight clearances and travel permits, and communications equipment in vehicles in the field. In 1998, two local United Nations staff, one from UNICEF and the other from the World Food Programme had been arrested in Juba, kept in incommunicado detention and tortured after they had worked with children who had been abducted by the Lord’s Resistance Army (LRA).

The foreseen elections may be merely a token arrangement unless they take place as the result of a solid process of system-wide global consultations within a genuine framework of respect for the rights of all parties and political forces involved.

SPLM/A-held areas
SPLA, mostly Dinka, is behaving as an occupying army in Eastern Equatoria and is  incapable of generating any trust in the local Didinga population. People were often mistreated and sometimes had the feeling that they were in a foreign country. The local Didinga civil administration cannot work properly owing to the intimidation it is subjected to by SPLM/A which have the military power. Movements of people have been reported, owing to a lack of food, since SPLM/A take a percentage of the food distributed. The issue of diversion of food aid by SPLM/A was raised with the SPLM/A representatives in Nairobi. While one SPLM/A representative flatly denied the allegation, another informed the SR that a committee had been created in 1999 to look into any such incident and that the situation had now improved. The SR was informed that some 2,500 Didinga had left the region to seek refuge in the neighbouring countries: 1,500 were reportedly hosted in Kakuma refugee camp, Kenya, and over 1,000 in Acolpi, Uganda, most of them unaccompanied minors aged 5 to 15 years. It was also reported that women were often raped and that the risk of the spread of  HIV/AIDS was increasing. Some women had reportedly been taken at gunpoint and married against their will, while others had disappeared. There was widespread fear of reporting abuse. These incidents had been occurring from as far back as early 1994 and had exacerbated the troubled relationship between the Didinga and SPLM/A to the point of no return. Many believe that reconciliation is now impossible, since the Didinga consider that they have suffered too much. (Didinga are concentrated around Chukudum and number some 120 000. The area around Kapoeta, Eastern Equatoria is inhabited by the Toposa.)

Notes by Vigilance Soudan
1. That is 2,4 to 7% of the abducted according to the optimistic figures given.
2. No news whatsoever.
3. VS would have wished to get the full details.
4. VS regrets that the SR could not get the legislation, hence the useless word « reportedly »
5. According to Human Rights Watch, infants in jail with their mothers, died of epidemics, and women were liberated to make room for others.