A PRESENTATION AT: THE 50th ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS (25 October 2011) Banjul, The GAMBIA

1. HUMAN RIGHTS SITUATION IN THE NUBA
MOUNTAINS/SOUTH KORDOFAN STATE, SUDAN
PRESENTATION AT:
THE 50th ORDINARY SESSION OF THE AFRICAN COMMISSION
ON HUMAN AND PEOPLES’ RIGHTS
(25 October 2011)
Banjul, The GAMBIA
By: Dr Ahmed A. Saeed

2. CONTENT
 Context –geographical, demographical and political
 Where, who and why?
 what are the causes of the conflict in SK?
 CPA – important provisions and milestones
 The return back to war; Was it inevitable?
 Human rights violations committed in the early
days of the conflict?
 Current Human right situation in SKS!
 Current Humanitarian situation in SKS
 Recommendations

3. South
EASTDarfur
Blue Nile
Abyei
Southern
Kordofan
Jason Matus

5. CONTEXT – FACTS ABOUT SKS – 1/2
 Inhabited by 2.5 million people according to 2010
census of which (over 66% are black African).
 Other inhabitants are of Arab stock (Misseriya,
Hawazma, etc) – cattle herders or Baggara
 The state is a smaller picture of Sudan being multi-
cultural, multi-ethnic and multi religious.
 Rich – vast, fertile agri. Land; only state in the North
that produces oil
 Rich state but inhabited by poor people!
 Strategic position: used to be in the heart of old
Sudan – now longest borders with ROSS (>2000Km)
– the new South Sudan

6. CONTEXT - ROOTS CAUSES OF THE CONFLICT 2/2
 Political marginalization
 Economic marginalization
 Cultural marginalization/discrimination
 Religious discrimination
 Lack of development
 Historical injustices – slavery and slave trade,
colonial experience, etc.

7. THE COMPREHENSIVE PEACE AGREEMENT –1/3
 Signed in Jan 2005 between the GOS/NCP and SPLM/A
 Provided a framework for sustainable peace
 For South Sudan – referendum after 6 yrs. interim period
 For 2 states (SKS and BNS) – special protocol that is
considered as a model for resolving the conflict between the
centre and the periphery
 Protocol: did not address the root causes to the conflict.. But
deferred them to future processes
 Popular consultation (PC): political, administrative,
constitutional, economic and security arrangements
 Success of PC – depends on processes being free and fair ..
No manipulation of local realities and respect for popular will.
 Pre-requisite for success – implementation of provisions of
protocol in good faith, fair census, fair voter register, fair
demarcation of constituencies and free and fair elections

8. CPA … CONTINUES 2/3
 CPA stipulates that PC be completed in the 4th yr of the
interim period
 CPA is not final settlement to conflict in SKS and BNS
until subjected to the will of the people in the two states
 PC end results is a new agreement between the state
and the GNU that satisfies the aspirations of the people
 Security arrangement
 JIUs (SAF+SPLA: 3000x2 = 6000) – integrated, with new
doctrine
 SAF to be reduced to peace time level (pres. Decree)
 SPLA to withdraw South of 1956 borders
 SAF and SPLA both considered national armies

9. CPA – IMPLEMENTATION 3/3
 Poor implementation – lack of political will
 Remainder of SPLA (proper) withdrawn south of 1956 borders
 No decree issued from presidency with regards to SAF downsizing and re-
deployment
 SAF, instead of expected downsizing – increased
 Arming of militia continued
 Census and Constituencies manipulated – 2008 population of SKS given
as 1.4m – SPLM refused the results and decided to boycott elections
 Provided evidence – census redone in 2010 and population found to be
2.5m
 SPLM participated in national elections in 2010 – despite reservations
but state elections were postponed
 State elections in May 2011 were rigged – SPLM rejected results and
stated that it will not recognize or be part of any institutions of
governance emerging out of it
 SPLM-NM would use democratic, peaceful means of resistance

10. THIS WAR IS PREMEDITATED !
 Beshir statement in the city of Gedarif – 19 Dec
10 – calling for an Arab, Islamic country .. No
more so called diversity in Sudan after
referendum of the South (in search of ethnic
purity in Sudan!) – early warning!
 Beshir in Muglad campaign – NCP we will win
whether by ballot or by bullet
 Unilateral decision to forcefully disarm SPLA –
23.05.2011

11. BESHIR BORROWED GHAZAFI’S PHRASE!

12. THE RETURN BACK TO WAR – WAS IT INEVITABLE?
 War re-started in SKS on 05.06.2011 – with mutinies
within SAF in Kadugli battalion – disobeying orders to
disarm SPLA
 In Umdorein and Talodi fighting broke out between
JIUs components – SPLA refuses to hand over their
weapons
 On 06.06 a delegation composed of from SPLM and
NCP flew to Kadugli in an attempt to arrest the
situation but was in vain
 Since that date and time: 06.06 at 06 PM suffering
of civilians and HR violations in SKS that amount to
war crimes in SKS continues on a daily basis.

13. VIOLATIONS DURING THE EARLY WEEKS OF THE
WARS INSIDE KADUGLI – DOCUMENTED BY:
 UNMIS: report on HR situation in SKS – June11
 UNHCHR preliminary report on HR situation in
SK – August 11

14. VIOLATIONS OF HR& HUMANITARIAN LAWS:
INCLUDE:-
 Threat to right to life and physical integrity
 Indiscriminate killing and attacks against civilians
 Allegations of mass graves
 Allegations of use of chemical weapons and use of landmines
 Aerial bombardments
 Abductions
 Arbitrary arrests, detentions & associated human rights violations
 Forced displacement and coerced returns
 Restrictions on humanitarian access
 Freedom of expression
 Freedom of assembly & association
 Violations against UNMIS, its staff and assets
 Attacks on Churches

15. LEGAL FRAMEWORK – UNHCHR REPORT KEY FINDINGS
57. In accordance with international criminal law, serious
violations of human rights and international humanitarian
law, such as those described in this report including
killings and enforced disappearances, if substantiated
could amount to crimes against humanity, or war crimes
for which individual criminal responsibility may be sought.
58. The violations described in this report, allegedly
perpetrated by the SAF, PDF, Central Reserve Police
Forces and the Government Police in Southern Kordofan,
and SPLA-N, if substantiated, may constitute war crimes
and crimes against humanity under the Armed Forces Act
(2007) of Sudan, and the Sudan Criminal Act of 1991,
amended 2009.

16. KEY RECOMMENDATION – UNHCHR REPORT!
 An independent, thorough, and objective inquiry
be conducted into alleged violations of
international human rights and humanitarian law
that occurred during the hostilities in Southern
Kordofan with a view to holding perpetrators to
account. Immunities of members of the military
and security forces, alleged to have been involved
in violations of international human rights and
international humanitarian law, be lifted to allow
for prosecutions and trials in compliance with due
process and fair trial standards.

17. CLAIMS OF BURNED BODIES– MUST BE INVESTIGATED!

18. AERIAL BOMBING: CRATERS OF AERIAL BOMBING

19. VARIOUS TYPES OF BOMBS

20. VARIOUS BOMBS AND STRANGE CHEMICALS!

21. IMPACT OF AERIAL BOMBARDMENT
 Massive population displacement.
 Killings and serious injuries of innocent civilians,
especially women, children and the elderly
 Lack of cultivation
 Denial of access of humanitarian assistance
 Hunger is looming – people are living on berries,
leaves and wild food
 Destruction of basic services – health, education
and water services
 Market dries up of basic commodities – sugar,
salt, soap and fuel

22. PEOPLE LIVING ON WILD FOOD, LEAVES AND
BERRIES – WOMEN AFFECTED MOST

23. DEATH: A PREGNANT WOMAN KILLED ON 22.06

24. DEATH: A GIRL CHILD OF 12 YEARS

25. DEATH: AN ELDERLY MAIMED WHILE SOWING THE
SEEDS IN HIS FIELD

26. LIVELIHOOD AFFECTED: ANIMALS ARE KILLED

27. INJURIES: GISMA AND SHADYA IN KAUDA 18.09

28. PUBLIC PLACES TARGETED: CHURCHES,
SCHOOLS AND MARKETS

29. PEOPLE LIVING IN CAVES: IN ONE CAVE THERE ARE 35 PEOPLE

30. CHILDREN ALONE IN THE CAVES: MOTHERS GO OUT
FOR FARMING OR IN SEARCH OF FOOD & WATER

31. INJURIES: HOSPITALS FULL OF INJURED CHILDREN

32. PROTECTION: RUNNING FOR SHELTER

33. KAUDA WOMEN AND CHILDREN PROTEST AGAINST
THE EGYPTIANS UNMIS MONITORS
 Locals are frustrated from lack of international response:

34. IMPACT ON HUMANITARIAN SITUATION
 Many civilians have been killed and hundreds seriously
wounded by indiscriminate aerial bombing in both states -
between 13.09 and 13.10, ten (10) were killed and 23 injured.
 IDP and refugee numbers are growing due to the ongoing
fighting and are expected to significantly increase with the end
of the rainy season in a few weeks time
 The conflict is beginning to have significant regional
dimensions as large numbers of civilians are fleeing to South
Sudan (over 14,000) and Ethiopia (over 30,000)
 Food security continue to deteriorate for more than 220,000
IDPs in the Nuba Mountains, as people are now relying on
berries and leaves for sustenance
 Aerial bombing has prevented cultivation in SKS and BNS –
normally produce most of Sudan’s sorghum
 Risk of mass starvation in both states as the sorghum harvest
is expected to fail in a few weeks time.

35. RECOMMENDATIONS … 1/2
 ACHPR must pressure the GOS to immediately
allow unimpeded international humanitarian
access and assistance to all areas of SKS and
BNS
 ACHPR must authorise a fact finding mission to
investigate alleged violations of international
human rights and humanitarian law in the two
states, perhaps jointly with the AU Peace and
Security Council, invoking article 19 of the PSC
Protocol regarding “relationships with the African
Commission on Human and Peoples’ Rights” and
articles 58 and 59 of the African Charter on
Human and People’s Rights relating to matters of
emergency.

36. RECOMMENDATIONS … 2/2
 ACHPR must pressure the GOS and the
Sudanese Armed Forces (SAF) to stop targeting
highly populated villages by high altitude
bombers.
 ACHPR should urge the GOS to return back to
the negotiation table with SPLM-N under the
mediation of the AUHIP with specific aim to
reach a cessation of hostilities agreement to
allow access of humanitarian assistance to the
war affected people in the SKS.

37. IN CONCLUSION…
 The HR situation in SKS is terrible and the humanitarian
situation is catastrophic. It needs our immediate collective
response and action
 We urge HR defenders in Africa and around the world to
advocate for immediate humanitarian access to all parts
of SKS.
 The conflict in SKS is political in nature and finally parties
to this conflict have to resolve it through negotiations by
addressing the root causes to the conflict
 ACHPR must show leadership by authorising a fact finding
mission of inquiry to SKS and BNS to investigate the
alleged HR violations.
 Perpetrators of HR violations in SKS must be held
accountable to the crimes committed.

38. THANK YOU

39. NUBA
James Nicholls – Gidel 1999
James Nicholls: Wrestling Promoter – Gidel 2004