UN rights expert to Sudan warns against fallout of Abyei tension, raises multiple concerns

March 14, 2011 (NAIROBI) – The UN-appointed human rights expert on Sudan, Mohamed Chande Othman, has painted a grim picture of the situation in the country in terms of curtailed civil liberties, deteriorating conditions of refugees in Darfur region and surge of violence in southern Sudan as well as in the contested area of Abyei, warning that dispute over the latter could disrupt peace between north and south Sudan.

In a statement he issued on Monday following the conclusion of his eight day visit to Sudan, the second since being mandated by the Geneva-based Human Rights Council in November 2009, Mohamed Chande Othman noted with concern the “continuing deterioration of the situation in the Abyei region.”

The status of the oil-producing territory of Abyei is a major point of contention in the implementation of the Comprehensive Peace Agreement (CPA) which ended nearly half a century of intermittent civil wars between north and south Sudan in 2005. Under the deal, south Sudan chose in a landslide vote in January to secede from the north and form an independent state which will come to being when the deal expires in July this year.

Both north and south Sudan claim ownership of Abyei where overlapping of the north-backed Misseriya nomadic tribe and the south-linked group of Dinka Ngok fuelled several incidents of violent clashes. A referendum was supposed to be held in Abyei in January to decide whether it should join north or south Sudan but the plebiscite has been held hostage to disagreements between north and south Sudan over whether members of Misseriya should be allowed to vote.

A recent spate of violent clashes north of Abyei between local south Sudan police and armed Misseriya tribesmen has resulted in several death cases and massive displacements, prompting mutual accusations between north and south Sudan over reasonability for the violence. Analysts attribute the surge of violence to the onset of the migration season during which members of Misseriya traverse the borders into Abyei to graze their cattle.

Chande warned in his statement that “Abyei still remains a flashpoint which could potentially derail the entire peace process,” urging the CPA partners to take “immediate action” to remedy the situation and investigate reports of violence against citizens.

He noted that “tension in the region has been high due to the delayed referendum for Abyei and restrictions on the movement of Southerners who returned to cast their ballots in the Southern Sudan referendum.”

Similarly, the UN expert expressed concerns about what he described as the violation of fundamental rights and freedom, including freedom of assembly and expression, by law enforcement authorities in north Sudan.

Chande pointed out that the government of Sudan continues to hold in detention a number of opposition figures and anti-government activists without charge or a right to challenge their detention in a court of law. He revealed with regret that the director general of Sudan’s National Intelligence and Security Services (NISS), Mohamed Atta, has refused to meet him to discuss these concerns.

Sudan has recently cracked down on several opposition activities and protests by civil society actors, exhibiting growing sensitivity to dissent after popular uprisings toppled deeply-entrenched governments in Tunisia and Egypt earlier this year. There have been reports that the detainees were subjected to torture and sexual harassments.

With regards to south Sudan, which voted overwhelmingly in a referendum in January to secede from the north and form an independent state, whose official existence is due in July this year, Chande noted with concerns “the increasing loss of lives, and displacements of civilians caused by criminality, cattle rustling, inter-communal violence,” as well as fighting between the SPLA and militia groups.

“The lack of accountability and impunity associated with these incidents will continue to adversely impact on the peace, stability and security of the region,” his statement read.

Heavy fighting erupted last month between South Sudan army the SPLA and forces loyal to its renegade general Gorge Athor in the oil-producing state of Jonglei, leaving as many as 200 people dead, including women and children, and displacing thousands.

Chande urged all parties involved in South Sudan violence to refrain from actions that violate the rights of citizens and hinder flow of humanitarian assistance.

The UN expert also deplored the situation of refugees displaced by intensified violence between government and rebel factions in Sudan’s western region of Darfur, saying that the continuing impact of these hostilities is “unacceptable.”

He said based on his first-hand experience when he visited camps for Internally Displaced Persons (IDPs) in north Darfur that the situation of refugees could reach “catastrophic levels” without immediate humanitarian assistance.

Sudan expelled a dozen of international NGOs operating in Darfur following the issuance in March 2008 of an arrest warrant for its President Omar Al-Bashir by the International Criminal Court (ICC) on charges of masterminding war crimes, crimes against humanity and genocide allegedly committed during the course of the conflict which the UN says killed 300, 000 and displaced over 2.7 million since it erupted in 2003.

Chande said he had discussed the issue of impunity and accountability in Darfur with justice ministry officials who alleged that the government is undertaking investigations into recent criminal acts that occurred in the region. However, Chande noted that crimes committed in Darfur date back to the beginning of the conflict in 2003, in an apparent reference to those committed during the government’s harsh counterinsurgency campaign against rebel groups.

“I am afraid that violations of human rights will continue to occur in Darfur if the issues of justice and accountability are not effectively addressed,” he pointed out.

UN SAYS ITS PEACEKEEPERS DENIED ACCESS TO SOME AREAS IN ABYEI

In a related development, a statement released on Monday by the spokesman of the UN’s Secretary-General Ban Ki-Moon said that peacekeepers of the UN Mission in Sudan (UNMIS), which is mandated to monitor the CPA, had been “consistently refused access” to areas of conflict in Abyei and “considerably restricted” in their movement.

UNMIS has deployed an extra group of peacekeepers north of Abyei to defuse tension amid reports of burning of local villages by unknown militias.

Ban Ki-Moon called on north and south Sudan to allow UNMIS “unhindered” access to these areas in order to assess the situation and immediate needs on the ground.

The statement voiced Ban Ki-Moon’s deep concern “by the continued tension and violence in the Abyei area.” He further urged north and south Sudan leaders to restrain local communities in Abyei and to implement the provisions contained in a UN-mediated accord signed in Sudan’s town of Kadugli to defuse tension in the area.

Leaders of Misseriya threatened this month in a meeting with north Sudan officials to enter Abyei “by force” if they are denied access to grazing land.

(ST)