A/HRC/24/31
the Independent Expert observed the difficult conditions faced by IDPs in Darfur,
especially women and children. In Otash camp in South Darfur, the IDPs had resorted to
using local materials to construct makeshift shelters in the camp, while others complained
of insufficient food and water. The Independent Expert raised concern about the situation
with the Governor of South Darfur and other state officials, urging them to take action to
resolve the problems. The Independent Expert urges the Government of the Sudan and
relevant United Nations agencies to assist in addressing the humanitarian needs in the IDP
camps as a matter of urgency.
42.
The situation in Darfur continues to be a challenge for the Government. The
Government’s duty to protect civilians and hold alleged offenders accountable has been
demonstrably weak – a situation that has encouraged impunity in some places. The
apparent lack of effective law enforcement is evident in areas such as Kutum locality in
North Darfur, where security has not been restored since the 2012 attacks on Kassab and
Fataborno IDP camps and Kutum town. Also in Tawilla, North Darfur, only the Sudanese
Armed Forces and the Central Reserve Police have been exercising authority in the area
since December 2012. All other law enforcement components, including the regular police,
have been relocated to El Fasher, the state capital. Also, due to insecurity, judicial services
in Kutum and Gereida in South Darfur have not been functional, thus limiting access to
justice for most civilians in these localities.
43.
In order to fight impunity and also fulfil the Sudan’s obligations under the Doha
Document for Peace in Darfur (DDPD), in January 2012, the Government appointed a new
Special Prosecutor for Darfur crimes (the fifth Special Prosecutor to be appointed since
2003) to investigate and bring to justice those responsible for serious crimes and human
rights violations related to the Darfur conflict. During his mission to the Sudan in February
2013, the Independent Expert raised concerns about the slow pace of prosecution of the
Darfur conflict-related crimes. Furthermore, he noted that Darfur conflict-related cases
were being tried in the ordinary courts instead of the Special Court created specifically for
these crimes. The Special Prosecutor has, however, confirmed that prosecution of crimes in
the Special Court has now commenced. The Independent Expert also noted that the Justice,
Truth and Reconciliation Commission established under the DDPD has not been able to
function owing to lack of funding. In a meeting with the Independent Expert in February
2013, the Darfur Regional Authority (DRA) indicated that the Government had approved
the release of funds to support the operation of the Commission.
44.
The Independent Expert emphasizes the importance of the full implementation of the
DDPD and calls on the Government of the Sudan and the international community to fulfil
their respective commitments under the agreement. Realizing peace and security in Darfur
is necessary for ensuring improvement of the human rights situation in the region. The
DDPD provides the only viable roadmap for peace in Darfur and must be supported by all
stakeholders. The full implementation of the DDPD is therefore essential and all
stakeholders must renew their commitment in that regard.
45.
UNAMID has provided technical assistance to the Government in order to build its
capacity to recognize, analyse and proactively address human rights issues in Darfur. Since
August 2012, it has conducted up to 40 human rights training sessions and workshops for
more than 1,200 people, including state legislators, local government authorities, judges,
prosecutors, private-sector lawyers, teachers, native administrators and IDPs in Darfur.
South Kordofan
46.
The human rights situation in South Kordofan state remains precarious, with
civilians bearing the brunt of sporadic cycles of fighting between Government and rebel
forces. For security reasons, the Independent Expert could not visit the state as originally
planned. On 14 June 2013, when he arrived in the Sudan for his second visit to the country,
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