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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