08/23/2004

African Union-sponsored peace talks between the Government of Sudan and Darfur-based rebel groups began today, July 23rd, in the Nigerian capital, Abuja. The talks represent a landmark initiative by the African Union (AU) to mediate an internal conflict within a member state. With violence continuing in Darfur, and more than one million displaced persons remaining extremely vulnerable, progress is essential to begin the process of creating a secure environment that might lead to a return to normalcy in the region.

Refugees International has two major concerns as the talks open:

Forced Returns

Certain officials of the Government of Sudan in Darfur are prematurely encouraging internally displaced persons to return to their homes in time for the planting season. Those who have chosen to return to their communities have suffered frequent attacks and have been subject to intimidation by the Janjaweed militia. Displaced persons interviewed by Refugees International in July maintain that the Janjaweed have not been disarmed and are still active. The lack of security and protection in Darfur suggests that any attempt to implement large-scale returns would threaten the lives of the survivors of the Janjaweed’s assault on African communities in the region.

The campaign to force displaced people to return to insecure and unprotected areas violates the verbal commitment given by local government officials to humanitarian agencies operating in West and South Darfur that no one will be forced back. This commitment has been made repeatedly by the Sudanese Government’s Humanitarian Aid Commission during inter-agency meetings in both Geneina and Nyala.

African Union Ceasfire Commission Monitoring Capacities

Honoring a commitment in the July 3rd joint communiqué, the Sudanese Government has allowed a small contingent of 300 unarmed observers from the AU into Darfur to monitor compliance with the cease-fire agreement, as well as any continuing violence against civilians. Of the 300 observers, however, only 50 had been deployed as of the end of July and they lacked the transport and logistical capacity necessary to carry out their mission. Furthermore, under the agreement governing their deployment, the AU observers must have representatives from all sides present when investigating alleged violations. This requirement severely undermines the AU’s effectiveness in monitoring human rights abuses, as victims are understandably reluctant to tell their stories in the presence of Sudanese government officials.

Refugees International found during its July visit to Darfur that AU Ceasefire Commission personnel were unable to document attacks that RI had learned of, including a July 26 attack in Khalma camp and a ceasefire violation that took place 28 kilometers from Nyala, the capital of South Darfur. The Commission lacks the capacity to gather intelligence regarding violations and has no functioning early warning system to anticipate when and where attacks might be imminent, making prevention through protecting civilians or attempting to dissuade the belligerents virtually impossible.

Recommendations

Refugees International recommends that any preliminary agreement or statement endorsed by the Government of Sudan and the rebel groups include the following provisions:

• Affirmation of respect for the voluntary nature of any returns by the displaced to their homes, and specific commitments to allow international monitoring and protection for the return process;
• Commitment to allow the African Union monitoring force to be given the mandate and means to protection civilians in Darfur and to bring violations by the parties to the conflict to the immediate attention of the responsible leaders of the belligerents, whether the Government of Sudan or the rebel groups, and the member states of the United Nations Security Council.

In addition, RI recommends that:

• Donor governments immediately disburse the funds necessary to support an expanded African Union cease-fire monitoring force of at least 3,000, which must be supplied with the logistical equipment necessary to fulfill its mission. The AU monitors should be permitted to interview the displaced in private and outside the presence of combatants on either side.
• The African Union Ceasefire Commission monitoring team become more pro-active, specifically by creating greater intelligence gathering capability and developing an early warning system, then using the information gathered to prevent abuses and ceasefire violations.