A/HRC/4/80
page 25
consultations and the findings of an updated United Nations World Bank Joint Assessment,
could form the basis of a meaningful programme of assistance directed to addressing the human
rights needs of Darfur.
VII. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
76.
The High-Level Mission concludes that the situation of human rights in Darfur remains
grave, and the corresponding needs profound. The situation is characterized by gross and
systematic violations of human rights and grave breaches of international humanitarian law.
War crimes and crimes against humanity continue across the region. The principal pattern is one
of a violent counterinsurgency campaign waged by the Government of the Sudan in concert with
Janjaweed/militia, and targeting mostly civilians. Rebel forces are also guilty of serious abuses
of human rights and violations of humanitarian law. All parties to the conflict must recognize
that applicable human rights and humanitarian law standards must be respected during internal
armed conflict and that the “fog of war” is not an acceptable justification for violating these
standards. While important steps have been taken by the international community, including the
African Union and the United Nations, these have been largely resisted and obstructed, and have
proven inadequate and ineffective. The needs identified by the Mission include immediate,
effective protection of civilians, renewed progress toward peace, expanded humanitarian space,
increased accountability for perpetrators, action to address root causes, meaningful compensation
and redress for victims, and concerted efforts to implement the many existing recommendations
of authoritative international human rights bodies. The Mission further concludes that the
Government of the Sudan has manifestly failed to protect the population of Darfur from largescale international crimes, and has itself orchestrated and participated in these crimes. As such,
the solemn obligation of the international community to exercise its responsibility to protect has
become evident and urgent.
B. Recommendations
1. Recommendations to the Human Rights Council
77.
(a)
The Human Rights Council should remain seized of the situation in Darfur,
regret the Government’s manifest failure in its responsibility to protect civilians, condemn
the continuing violations, and call for effective protection for civilians, accountability for
perpetrators (including through action by the ICC) and compensation and redress for
victims.
(b)
The Human Rights Council should establish a dedicated procedure or
mechanism to monitor the situation of human rights in Darfur, to measure the degree of
implementation of outstanding recommendations by relevant United Nations human rights
mechanisms and reports (including the special procedures, the treaty bodies, the
Commission of Inquiry report, the reports of the High Commissioner for Human Rights
and other relevant recommendations) and to report regularly to the Council. The
mechanism should work in close cooperation with the Special Rapporteur on the situation
of human rights in the Sudan, whose mandate should be extended as required.
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