10/06/2004

In September in North Darfur, 3,000 people from the small towns of Umm Gamina, Abu Delieg, and Fireash fled attacks by pro-government militias and Sudanese government helicopters and sought safety in areas near El Fasher, the district capital. Rather than providing a safe haven for these displaced persons, the Sudanese government used force to return them to their destroyed villages, where they face continued violence. Forced return is a direct violation of the government’s August 21 agreement with the International Organization of Migration, an agreement brokered and witnessed by Jan Pronk, the Special Representative of the Secretary General of the United Nations, which commits the government to a policy of no involuntary returns.

According to women recently interviewed by Refugees International, on September 7 at 2:00 am, government of Sudan helicopters flew over Abu Delieg, followed by Toyota land cruisers driven by armed men who entered the village. The militia, identified by their victims as Janjaweed, some on horseback, set fire to 25 to 30 houses, raped one woman and two girls, and killed and burned several men and children. “They forced some of our men into their trucks. We do not know where they are since then,” one woman told us.  The remaining villagers from Abu Delieg and surrounding towns fled the violence the same morning.

An estimated 3,000 people from the assaulted communities set up shelters in El Bisharia near El Fasher. On September 14, staff of the government Humanitarian Aid Commission in El Fasher informed the UN Office for the Coordination of Humanitarian Affairs (OCHA) of the arrival of the displaced. OCHA personnel visited the site the next day followed by other international humanitarian aid agencies. The humanitarian organizations determined that El Bisharia did not have safe drinking water and was not a suitable site. OCHA tried to engage local government officials in discussions to find a viable solution for the displaced communities. Local officials did not respond to these efforts. In the meantime, OCHA intervened to organize the provision of immediate humanitarian assistance, such as potable water.

On September 23, while humanitarian organizations were discussing how to respond to the needs of the newly displaced, the head of government security in El Fasher arrived at El Bisharia with the police and began beating the people and arresting their leaders. They then forced the displaced to board trucks. “We tried to resist. We told them ‘Our villages were attacked two times and we won’t leave here,’” one of the displaced told RI. OCHA staff arrived as the forced returns were taking place and although they were unable to reverse the government’s actions, they were able to ensure that the community was not assaulted further. During the struggle to put people on the trucks, several children went missing and have not yet been found.

The majority of the displaced were returned to their villages. Those remaining were brought to the displaced camp of Abuchouk, where they currently live in makeshift shelters. RI interviewed several individuals who told us that despite the desperate conditions they are living in and the ongoing insecurity even within the camps, “We cannot go back to our village. We don’t feel safe there. We cannot return.” One person complained, “We are sitting under the sun with no shelter. It is difficult here and we cannot leave except for firewood. Even then we are not safe. But even so, we will not return to our village.”

The displaced that were sent back to their villages fled again the same evening after they heard shots fired. They have either set up camp in Abuchouk or moved in with relatives in El Fasher. They travel back to their village during the day to tend their fields, but they refuse to spend the night due to ongoing insecurity.

Through this action of forcibly returning and relocating internally displaced persons (IDPs) from El Bisharia, the Government of Sudan was in breach not only of principles of International Humanitarian and Human Rights law, such as the Guiding Principles on Internal Displacement, but also of its own agreement with the International Organization for Migration (IOM).  According to article 2.1 of the Memorandum of Understanding signed between the government and IOM on August 21, 2004, the government “confirms its policy of no involuntary returns.” Further, the government has committed to a process involving independent assessment of the voluntary nature of any returns, a process clearly not followed in El Bisharia on September 23.

The forced returns from El Bisharia took place in the context of continued violence and impunity throughout Darfur. The government of Sudan continues to demonstrate its complete inability to ensure security for civilians and adhere to its commitments to the international community.  

Therefore, Refugees International recommends that:

• The government of Sudan respect the Guiding Principles on Internal Displacement, in particular those related to voluntary and safe returns, and honor its commitment to voluntary returns as outlined in its agreement with IOM and the United Nations.

• Members of the UN Security Council exert pressure on the government of Sudan to adhere to Paragraph 6 of Resolution 1564, which affirms the principle of voluntary returns of IDPs, refugees, and other vulnerable groups.

• The Government of Sudan and humanitarian agencies in Darfur exercise the utmost caution in considering the possibility of voluntary return. In virtually all areas of Darfur, current security conditions preclude return in safety and dignity. In North Darfur, no returns should be supported pending the outcome of the current IDP return survey being carried out by the Protection Working Group, composed of UN and international humanitarian agencies.

• Humanitarian agencies pay special attention to new arrivals at camps for displaced persons to ensure that their living conditions are brought up to standard as quickly as possible.

Advocates Sarah Martin and Mamie Mutchler are assessing the security and protection situation in Darfur.