A/HRC/39/71
and support of UNAMID and humanitarian agencies for their security, well-being and
humanitarian needs. While such services are limited due to security and other challenges,
they nonetheless offer critical lifelines for displaced communities. Internally displaced
persons regularly express concern over the occupation of their villages and farmlands by
armed militias, which has had a negative impact on their right to food security and
prospects for return. In some instances, violence, including killings, sexual violence and
abduction, was reported to have prompted the forcible eviction of internally displaced
persons from the lands to which they had returned. Root causes of the conflict, including
discrimination and access to land and livelihoods, remain a major challenge for the longterm stability of Darfur.
Sexual and gender-based violence and conflict-related sexual violence
50.
The vulnerabilities of women, girls and boys to sexual violence, including conflictrelated sexual violence, remain a major concern. According to information received, from
April 2017 to April 2018, UNAMID documented 111 cases involving 148 victims of sexual
violence. The cases included rape, attempted rape, gang rape and killing of the victims in
some instances. Displaced women and girls from internally displaced person camps
remained the most vulnerable to, and were most often the victims of, conflict-related sexual
violence, which primarily occurred around the camps for the displaced, villages of return
and other remote areas while victims were engaged in livelihood activities. There was a
spike in sexual violence during the farming season due to transhumance activities. The
perpetrators were identified by the victims as armed men, militia members in civilian
clothes and members of State security forces such as the Sudan Armed Forces, the Rapid
Support Forces, border guards and police.
51.
Addressing conflict-related sexual violence and assisting victims are critical and
require a multisectoral approach involving various stakeholders, both national and
international. Government leadership and political will, welded to inclusive participation by
national stakeholders ensured by State structures, adequate resources and effective
partnerships with the United Nations and other international partners, will strengthen the
fight against sexual violence. Justice for victims of sexual violence is also critical for
sustainable peace in Darfur; provision of remedies and compensation to the victims and
survivors form part of the recovery process and the delivery of justice.
52.
The Independent Expert has received assurances from the Acting Chief Justice for
Darfur and the Special Prosecutor for crimes committed in Darfur that steps are being taken
to address the issue of impunity.
Rule of law and judicial institutions
53.
The Government of the Sudan has taken steps to strengthen judicial institutions
through the deployment of judges and prosecutors as a means of enhancing robust
protection mechanisms for civilians. While the initiative is welcome, victims of human
rights abuses continue to complain about difficulties in accessing core elements of the
justice chain. In particular, law enforcement authorities have been criticized for a seeming
lack of willingness to initiate investigations and apprehend alleged perpetrators. The
existence of restrictive laws and the slow pace of legislative reform continue to have a
negative impact on the promotion and protection of human rights.
54.
While article 27 (3) of the Interim National Constitution states that all international
human rights treaties ratified by the Sudan form integral parts of the Bill of Rights, other
institutional authorities operate under powers which are inconsistent with the spirit of
international human rights law. Among these are the extensive powers accorded to the
National Intelligence and Security Service, Military Intelligence and the Sudan Armed
Forces. Further, the 2013 amendment to the Armed Forces Act (2007) extends the
jurisdiction of the Sudan Armed Forces Military Court to trials of civilians, with the power
to impose the death penalty. It is imperative that a comprehensive legislative reform agenda
be incorporated into strategies for the protection of civilians, especially in the context of
conflict and post-conflict situations.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents