Darfur Week of October 17, 2008

Sudan President Says Only DNA Test Can Prove Rape in Darfur
The President of Sudan, has questioned claims of rape in Sudan and called all the claims by women in the camps fabrications. He is fully convinced that no mass rape took place as a tool of war and that DNA tests can be performed on children who are born from women who claim to have been raped to prove guilt or innocence in the claims against the accused. Bashir has stated that rape is not in the tradition of the Darfuris and he could not answer how the names of all militia members who are accused in the sexual assaults could be collected.
Sudan Detains Notorious Figure from Darfur War
Bowing to pressure, Sudan arrested a tribal leader accused of numerous atrocities by the ICC. Ali Kushayb, a former commander of the Janjaweed militia has an ICC arrest warrant on 51 counts of alleged war crimes and crimes against humanity. Sudan’s justice minister confirmed that the former Janjaweed commander will be tried by the country’s own courts and that he will be held accountable. Sudan argues that Kushayb acted alone in Darfur in conducting acts against humanity while he denies any responsibility for the Janjaweed. Complicating matters, it also states that he fought in an official militia, the Popular Defence Force, and that he was implementing the counter-insurgency strategy of the Government that resulted in his committing war crimes and crimes against humanity. Thousands of gunmen were led by Kushayb in Darfur in malicious acts to convey the government’s displeasure with the civil war. Kushayb is charged with 504 murders, 20 rapes and forcing 41,000 people from their homes.
Darfur Officials Return to Work after Attack Protest

As a result of a clash of opinions on government crackdowns on the Kalma camp for displaced people in south Darfur last month, 18 SPLM ministers and politicians went on strike from their regional administrative duties in Darfur. The SPLM leaders have decided that rather than stay on strike, they will work toward establishing a firmer commitment to search for peace and protection of civilians in Darfur. Resuming their work in their official capacity even after protesting the raid may be seen by Darfurians as a hopeful step toward a representative government that acts in its interest and finds excessive force intolerable.
Sudan Completes Probe into Darfur Militia Leader

Although there is no trial set, prosecutors in Sudan, who revived investigations into alleged war crimes earlier this year, have completed an investigation into an accused militia leader, Ali Kushayb. Kushayb is linked to killing and looting in Sudan’s Darfur. Two others have also been investigated.
UN Welcomes Report of Detention of Darfur Crimes Suspect

The spokesperson for the UN, Michele Montas has acknowledged that Ban Ki-Moon has welcomed the detention of militia leader Ali Kosheib for crimes in Darfur.
My Perspective:
Despite all of the snubs that the international community has faced from Khartoum for showing concern, and, all the lack of behavioral change on Khartoum’s part (even given the strikes by regional government officials trying to represent the interests of the displaced), the civil war prevails over the daily rhetoric toward building a peaceful land for a people to live a dignified life. Maybe the right to a dignified life is being considered by Sudanese leaders at this moment. Maybe it’s possible that recent moves to imprison one of the janjaweed leaders are signs that justice might be getting a better chance in a place where traditional lands have been taken forcefully through malice and war. Who knows what makes a people walk into the lives of those who live peacefully and assume that they have the right to ask for understanding for being victimized. In previous international conflicts, soldiers who were simply implementing their duties couldn’t bark up the chain of command, rather they were going to have to explain their innocence by stating they were simply acting on orders. Generally, this can be seen by studying transitional justice in various countries around the world. Ultimately, the right to a dignified life might really have been achieved more directly by victims through means of restorative justice and through the spirit of ubuntu.
Although the list of international vulnerable groups is long, I want to point out one that stands out from a recent article I read from the Hastings International and Comparative Law Review. In the article by Jo M. Pasqualucci, “The Right to a Dignified Life (Vida Digna): The Integration of Economic and Social Rights with Civil and Political Rights in the Inter-American Human Rights System,” the author discusses the State’s obligation for extra protection for vulnerable groups under the Inter-American Human Rights System. In two cases that have come before the Inter-American Court, Yakye Axa and Sawhoyamaxa cases against Paraguay, the facts of the case show that people had lived in destitution in temporary settlements and for several years alongside the roads leading to their ancestral lands. The Court found that in the Yakye Axa case the State was obligated to provide basic needs for those who were not able to regain their ancestral lands, and that in fact, the State was liable for the violation of the right to life of the Yakye Axa People for not making positive steps toward allowing them dignified lives.
Sudan is not an OAS member of the Inter-American Human Rights System. Therefore, how it protects the interest of vulnerable groups in camps with the same interests in mind must be considered from different angles. We can learn from history. National governments have in the past facilitated discussions when vulnerable groups are cast aside for big interests who lay claims to lands. A case in point is the Nuba people versus large-scale commercial agriculture with government approval in Sudan. The Nuba tribes are found in central Sudan, and when they were thrown off their lands, many of them sided with the rebels. In 2002, when the Swiss government and a US initiative led to Nuba talks, the result was a temporary ceasefire agreement. Since then, the Nuba people continue to try to fight for their tribal rights.
Sudan has a constitutional, statutory and civic system of laws that co-exist with both Sharia and indigenous African customary norms and institutions. Indigenous customs are not codified. I hope to find more articles about the planning that has continued for procedures to grant the IDPs legal title to land. It’s worth noting that the IDPs have valid concerns about returning to their lands. A case in point is in Saraf Umra in West Darfur. In December 2006, IDPs were called to a meeting and informed that their IDP status was over. They were given an ultimatum: return to your lands, or settle as residents. Upon returning to their homelands, they found that they had been bulldozed. Fewer than 20,000 IDPs had to return IDP camps, unregistered. A similar situation arose in the Kalma camps where IDPs fled during a raid in October 2007 and could not return the following day to the Kalma camp or any camp for that matter. Many IDPs are still missing.
Although humanitarian efforts to focus the international community’s attention on the status of living of IDPs in the camps and in terms of voluntary return and land occupation are critical, importance should also be placed on the lack of access to the inter-tribal tensions within the camps between armed leaders and IDPs. A breakdown in law and order in camps, armed militias and paramilitaries within the camps, and camp sheikhs resolving local criminality with little police presence has contributed to increased criminality in the camps. The vast majority of IDPs in camps in government-controlled areas, not supporters of the DPA, are in direct conflict with the authority that is responsible for protecting them. Confusion as to which body (the Sudanese government or international bodies) should take the lead on protection of civilians and camp coordination has remained. Effective camp coordination as a result is a goal not a reality. Government officials often harass and closely monitor NGOs and UN agencies involved in these functions. It is important to note, that in order to avoid placing civilians (IDPs) at greater risk, attention to this concern must be careful of inter-tribal relations and focus on human rights and address the complex security challenges in the camps.