A/HRC/9/13
page 16
60. Several interlocutors expressed strong concerns regarding what they perceived as the
inability of the United Nations to protect the civilian population of Abyei during the conflict.
With a Chapter VI mandate, and limited equipment and resources, United Nations personnel did
not have the means to contain two major armies with heavy weaponry and intervene as forcefully
as they might have wanted to. Rather, UNMIS said it had to restrict itself to sheltering civilians
seeking refuge and evacuating them to safe locations away from the clashes. In the wake of the
events in Abyei it is essential that the United Nations provide clearer and more practically
applicable guidance on how exactly UNMIS implements issues of protection of civilians under
its mandate and how this should be put into practice on the ground. This should be supplemented
with an improved rapid deployment capacity of UNMIS in order to strengthen troop levels in
hotspots. Measures need to be taken to better integrate civilian action, including high-level
follow-up with civilian authorities and public diplomacy.
61. The transitional areas face serious problems in the administration of justice. Frequently,
official systems and localized set-ups that emerged during the period of armed conflict can be
found within a state. In Southern Kordofan, for instance, the official state government based in
Kadugli cannot exert its power over SPLA-controlled areas, which are administered by SPLM
officials and retain close ties to Southern Sudan. This has blocked significant legal and judicial
reforms and contributes to ongoing political tension. It also promotes impunity for criminal
offences, as perpetrators from one area can escape punishment by simply moving to the other
area of control. In this regard, it is positive that the CPA parties have recently made progress in
their efforts to integrate national police and SPLM police in Southern Kordofan.
62. The SAF and SPLA have been involved in arrests and detention of civilians, falling outside
their legal mandates. In Kadugli in Southern Kordofan, for instance, a 14-year-old boy was
arrested by SAF military intelligence officers on 5 March 2008. Apparently the SAF did not seek
the legally required prior approval of a civilian prosecutor before carrying out the arrest.
Accused of having stolen a sub-machine gun from a SAF garrison, the boy was held for a total of
44 days without being handed over to the police, even after the responsible civilian authorities
made an official transfer request. Conversely, the SPLA arrested and detained a 55-year-old
veterinary assistant of the Hawazma tribe in White Lake/Jaw on 28 January 2008. The man had
worked for six years in the White Lake region, which is an assembly area for SPLA troops
moving out of Southern Kordofan. The man was reportedly questioned by SPLA military
intelligence in connection with the arrest of another SAF soldier. He was allegedly given
25 lashes on the morning of 29 January, and again three days later after he was questioned. The
victim reported that he had 2,000 Sudanese Pounds worth of medicine with him when he was
arrested and alleges that the medicine was not given back to him when he was released
on 12 February.
63. In addition, the presence of the formal judiciary in remote areas is so limited that local
populations rely almost entirely on traditional, customary law-based administration of justice.
While traditional systems of justice may work well in resolving many local disputes and minor
criminal cases such as petty thefts or the destruction of property, their processes and decisions
can contravene human rights norms. This remains a concern, even though customary laws are
changing to reflect changing social attitudes. Decisions on family law and personal status in
particular frequently discriminate against women and customary courts are also not appropriate
forums to resolve penal cases of a serious nature, in particular cases of rape or other sexual
offences. In some parts of the country, most notably in Southern Sudan, there have been efforts
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