A/HRC/36/63 1. Darfur 38. The hostilities between the Government of the Sudan and rebel forces have decreased significantly as a result of the three-phased Operations Decisive Summer (from January 2014 to June 2016), which effectively reduced the presence of the armed groups to parts of western Jebel Marra, and the subsequent ceasefire, which has been in place since June 2016. 39. Nonetheless, during his visit to Darfur, the Independent Expert received reports of incidents of banditry, armed robbery, assault, killing, rape, abduction of locals and internally displaced persons, intercommunal clashes over farmland and sexual and genderbased violence, which remain major concerns and continue to have an impact on the peace, safety, security and coexistence of local communities. The frequency and scale of killings in the context of intercommunal violence shows that it has become a major feature of the conflict in Darfur. 40. The Independent Expert was informed of efforts undertaken by the authorities to prevent and respond to such incidents through security measures, engagement with stakeholders and the facilitation of reconciliation processes in some areas of the Darfur region. Nonetheless, the underlying causes of such conflicts related to access to land, water and other resources have not been addressed, and the situation has been exacerbated by a situation of general impunity, a weak rule of law and weak justice institutions. 41. In his discussions with the Chief Justice and the Special Prosecutor for the crimes committed in Darfur, the Independent Expert noted their agreement on the need for serious commitment to combat impunity effectively. He was briefed about a number of steps taken by the authorities in that regard, in particular in the Darfur region, where the authorities deployed additional public prosecutors, judges and police officers as part of the efforts to improve access to justice. However, the Special Prosecutor is facing many challenges, including the volatile security situation in the Darfur region and broad impunity provisions under Sudanese laws that create obstacles to the successful prosecution of members of the Sudan Armed Forces and those of the national security agencies. 42. The Independent Expert is also concerned about the human rights situation of civilians, and particularly vulnerable groups such as internally displaces persons, which remains problematic in the light of their exposure to attacks and difficult social and economic conditions. The initial pattern of violations documented by UNAMID in 2017 showed an increase in comparison to the same period of 2016; in the first six months of the year, UNAMID documented 267 cases of human rights violations and abuses involving 521 victims, including 37 children. In total, 209 cases of human rights violations and abuses involving 357 victims were confirmed, while the remaining 58 cases involving 164 victims could not be verified owing to various factors, including access restrictions. 43. The Independent Expert visited Sorotony, where he met with representatives from the local internally displaced persons’ camp, who informed him about the state of insecurity in which they live, mainly owing to the presence of various armed elements and criminality within and outside the camp. Sexual and gender-based violence also remained a serious concern in the camp. According to information received by the Independent Expert, the incidents had been perpetrated by armed individuals when the women were outside the camp engaged in livelihood activities, or inside the camp at night. In that regard, the Independent Expert was informed about nine cases of rape reportedly committed in the Sorotony camp between 27 January and 18 February 2017. Many incidents of sexual violence were not reported owing to fear of social stigma associated with rape, fear of reprisal and the absence of law enforcement institutions in Sorotony to investigate and prosecute perpetrators effectively. 44. The Independent Expert urges the Government, which bears the primary responsibility to protect civilians within its territory, to conduct investigations promptly and bring perpetrators to justice. He also urges the Government to abide by the call by the Security Council for enhanced cooperation with UNAMID in its efforts to protect civilians in Darfur. 8

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