UN report on Sudan’s Darfur a major setback for Bush

By Ken Ramani And Yvonne Asangire

NAIROBI, Feb 07, 2005 (The East African Standard) — The second term of President George Bush last week suffered the first and major diplomatic setback after the United Nations said no genocide has taken place in Sudan’s Darfur state.
This came one year after the United States admitted Iraq possessed no weapons of mass destruction, the reason why Bush went to war to depose Saddam Hussein.

Iraq has since degenerated into anarchy and the recent sham elections are not likely to restore peace in the oil-rich but poor Arab country.

In a 177-page report compiled by a probe committee appointed by the UN last year, Khartoum was absolved from the accusations that its forces had committed genocide in the troubled western region.

However the UN report accused Khartoum forces and militias for having conducted indiscriminate attacks, including killing of civilians, torture, enforced disappearances, destruction of villages, rape and other forms of sexual violence, pillaging and forced displacement.

The panel also concluded that rebel forces in Darfur were responsible for possible war crimes, including murder of civilians and pillage, and recommended that the UN Security Council refer its dossier on the crimes to the International Criminal Court (ICC).

At least 70,000 people are believed to have been killed and up to 1.85 million others are internally displaced or have fled to neighbouring Chad since the conflict flared up in early 2003.

The rebels were protesting at the distribution of economic resources which they said only benefited Khartoum.

The five-person commission appointed last October also found credible evidence that rebel forces were responsible for possible war crimes, including murder of civilians and pillage.

The commission members were Antonio Cassese (chairman), Mohamed Fayek, Hina Jilani, Dumisa Ntsebeza and Therese Striggner-Scott.

The conclusion that no genocidal policy had been pursued should not be taken in any way as detracting from the gravity of the crimes perpetrated, says the commission.

“International offences such as the crimes against humanity and war crimes that have been committed in Darfur may be no less serious and heinous than genocide,” the panel added.

But the crucial element of genocidal intent appeared to missing, at least as far as the central Government authorities are concerned.

The commission was particularly alarmed that attacks on villages, killing of civilians, rape, pillaging and forced displacement continued during the course of its mandate and considered that “action must be taken urgently to end these violations.”

It rebutted government statements that attacks were for counter-insurgency purposes and conducted on the basis of military imperatives, saying most were “deliberately and indiscriminately directed against civilians,” and even where rebels may have been present, the use of force was manifestly disproportionate to the threat posed.

The it did not find a systematic or a widespread pattern, there was credible evidence that members of the Sudan Liberation Army (SLA) and the Justice and Equality Movement (JEM) were also responsible for “serious violations” of international human rights and humanitarian law which may amount to war crimes.

In particular, these violations include cases of murder of civilians and pillage, it added.

Perhaps taking a cue from the UN, France stated that it rejects the use of the term “genocide” on acts which were committed in Darfur region.

An official statement issued by the spokesman of the French Foreign Ministry pointed out that there is no evidence on premeditation or intention of Sudan government or its allies to exterminate people in Darfur.

The French government’s statement reflected its firm rejection to imposition of any sanctions on Sudan government.

The statement said that sufficient time should be given for Khartoum to arrange its political and economic conditions especially after it signed last January a final peace agreement in with the southern rebels – Sudan Peoples’ Liberation Army.

Khartoum has since reaffirmed its keenness to put an end to the conflict in Darfur through “serious dialogue” based on the government belief that realisation of peace and stability is an ethical and legal duty.

A statement issued last Wednesday by the Ministry of Foreign Affairs pointed out that the assignment of the First Vice-President to assume the file of Darfur issue reflected the state’s keenness to speed up the process of negotiations for reaching comprehensive peace.

The Council will hold at least two meetings and possibly a third on Sudan this month, focusing on both the situation in Darfur – where violent clashes have been reported this week – and the proposal for the establishment of a UN peace-support mission in southern Sudan following the signing of a peace deal in Nairobi last month.

“The Sudanese justice system is unable and unwilling to address the situation in Darfur,” says the report.

The measures taken so far by the government to address the crisis have been both grossly inadequate and ineffective, which has contributed to the climate of almost total impunity for human rights violations in Darfur.

“Very few victims have lodged official complaints regarding crimes committed against them or their families, due to a lack of confidence in the justice system,” says the report.

It recommends the establishment of a compensation commission to grant reparation to the victims of the crimes, whether or not the perpetrators have been identified.

“The Commission considers that the Security Council must act not only against the perpetrators but also on behalf of the victims,” says the report.

The Commission has given UN secretary-General Kofi Annan a sealed file of names of people it believes responsible to be handed over to a competent prosecutor.

“But this is a decision for the Security Council, not for me. What is vital is that these people are indeed held accountable. Such grave crimes cannot be committed with impunity. That would be a terrible betrayal of the victims, and of potential future victims in Darfur and elsewhere,” Annan was quoted as saying.