A/HRC/45/53
incentive for those who wish to return. In addition, land access and disputes are both root
causes and exacerbating factors of the conflict.
61.
The Independent Expert takes note of reports on the insufficient number of judges
and prosecutors present in several localities in Darfur, and of the negative impact of the
poor infrastructure and security situation on the work of the justice sector. Human rights
abuses are partly linked to the inability of rule-of-law institutions to provide protection to
civilians and to combat impunity. Such a situation is likely to prevail, if unaddressed. The
numerous immunity provisions in legislations tend to shield State actors from prosecution.
While the Government responded in a reasonably speedy manner to incidents, especially
the December 2019 attack in El Geneina and intercommunal conflicts in Tulus and Kass,
reports of the respective investigations have not been made public.
2.
South Kordofan and Blue Nile
62.
The Independent Expert received information that a tribal armed conflict erupted in
the city of Kadugli in South Kordofan on 11 May between the Nuba (Angolo) and the DarNaela Arab tribe that allegedly resulted in the killing of more than 60 people, including 15
soldiers from the Rapid Support Forces, and 19 injured. Sources suggest that the death of
15 soldiers were allegedly the result of clashes between the Sudan Armed Forces and the
Rapid Support Forces who intervened, each aligning itself with one of the tribal groups
across ethnicity lines. Another tribal clash reportedly took place in El Fagara, Lagawa, in
South Kordofan on 6 June between the Nuba and Misseriya tribes; several people were
allegedly killed or injured. No response was taken by security forces, sources alleged.
63.
Civilians continue to face the burden of conflicts in the Blue Nile. Many people
were displaced and lost their land, which was their main source of income. Even today,
humanitarian organizations struggle to get access and provide aid to most people in the
regions. Reportedly, some internally displaced persons have returned to their homes
voluntarily, despite the lack of basic services including water, electricity, adequate housing,
health facilities and education. Reportedly, some returnees found that their lands had been
sold by the ousted Government to large-scale farmers who have power and wealth, leaving
the small-scale farmers empty-handed. Such violations of economic and social rights form a
real threat to the protection of civilians and to any future peace agreement in the region.
64.
The Independent Expert expresses concern at the spread of weapons into the hands
of civilians in South Kordofan and Blue Nile, which poses a threat to the protection of
civilians and is a result of the weak and fragmented justice institutions and law enforcement
forces in those areas. The Independent Expert urges the Government to adopt a
comprehensive national strategy on security sector reforms.
3.
East Sudan
65.
Sources reported that community clashes erupted in Port Sudan on 18 November
2019 between Bija and Beni Amer tribes and allegedly resulted in the killing of 9 civilians
and the injuring of 24. Clashes erupted again on 2 January and lasted for two days,
allegedly resulting in 15 civilian deaths, including 2 children, and over 100 injured.
Hundreds also fled their homes in the affected neighbourhoods and moved to “safe” areas
inside the city. From 8 to 10 May, two other community clashes reportedly took place in
Kassala City between Nuba and Beni Amer tribes. Allegedly, more than 13 civilians were
killed and about 100 were injured.
66.
The Independent Expert welcomes the mediation efforts made by the Native
Administration in Kassala, which resulted in the signing of a reconciliation agreement
between the Beni Amer and the Nuba tribes, aimed at reaching a truce. The Independent
Expert also welcomed reports on the establishment of an investigation committee for such
incidents; however, sources suggest that the committee is composed of security forces only,
with no representatives of the state Attorney General.
13
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