Sudan and Iraq: Two wrongs do not make one right

As the systematic violations of human rights and humanitarian laws in Darfur, Sudan and Iraq unfold, the role of the United Nations Commission on Human Rights becomes crucial. Despite the fact that an investigative team of the Office of the United Nations High Commissioner for Human Rights reported about the possible war crimes in Darfur, the Commission on Human Rights remains a mute witness. Instead of taking actions in the form of holding a Special Session of the Commission on Human Rights on the situation of human rights in Darfur, on 5 May 2004, Sudan was elected as a member of the United Nations Commission on Human Rights.

As the African Group unabashedly forwarded the name of Sudan as member of the Commission on Human Rights on 5 May 2004, Sichan Siv, United States delegate to the Economic and Social Council walked out stating that "The USA will not participate in this absurdity….Our delegation will absent itself from the meeting rather than lend support to Sudan's candidacy." Sudan's envoy immediately accused the U.S. delegation of "shedding crocodile tears," and said the USA had turned a blind eye as Iraqi prisoners were mistreated and civilians were harmed in battle. Abuses by the American troops do not justify violations of crimes against humanity by the Sudanese. Two wrongs do not make one right.

Human Rights violations in Darfur, Sudan

An investigation team of the Office of the High Commissioner for Human Rights after its field visit to Darfur and Chad, reported about serious violations of possible war crimes. In his presentation before the Security Council on 7 May 2004, Acting High Commissioner Bertie Ramacharan highlighted patterns of gross and widespread violations of human rights and humanitarian laws.

The report states, “The current conflict in Darfur was initiated by the rebel forces, primarily constituted from the Zaghawa, Fur and Masaalit tribes.  Rebel forces appear to have violated human rights and humanitarian law.  Notwithstanding that fact, the mission identified disturbing patterns of massive human rights violations in Darfur perpetrated by the Government of Sudan and its proxy militia, many of which may constitute war crimes and/or crimes against humanity.  According to information collected, it is clear that there is a reign of terror in Darfur the following elements of which should be highlighted:

(a)    Repeated attacks on civilians by Government of Sudan military and its proxy militia forces;

(b)    The use of indiscriminate aerial bombardments and ground attacks on unarmed civilians;

(c)    The use of disproportionate force by the Government of Sudan and Janjaweed forces;

(d)    That the Janjaweed have operated with total impunity and in close coordination with the forces of the Government of Sudan;

(e)    That the attacks appear to have been largely ethnically based with the groups targeted being essentially the following tribes reportedly of African origin: Zaghawas, Masaalit, and Furs.  Men and young boys appear to have been particularly targeted in ground attacks;

(f)     The pattern of attacks on civilians includes killing, rape, pillage, including of livestock, and destruction of property, including water sources; and

(g)    That there has been massive, often forced, displacement of much of the population in Darfur.

The report warned that the humanitarian consequences of the situation in Darfur, and by extension the border regions of Chad contiguous with Darfur, should not be underestimated.  Inside Darfur, it is now estimated that there are just over one million IDPs, as compared to 250,000 in September 2003.  Over half of these (c.570,000) are located in West Darfur, with the rest divided between North and South Darfur (c.290,000 and 140,000 respectively). Many more people are affected by the conflict as IDP concentrations have also impacted on the welfare of host communities.  According to United Nations security standards about 61% of conflict affected people can be accessed for the delivery of humanitarian assistance.  Overall, however, huge gaps remain in terms of meeting the needs of these individuals, particularly as regards potable water, shelter, sanitation and immunisation. 

The findings of the mission concluded that a climate of impunity has prevailed, and continues today to prevail, in Darfur. Near universal witness testimony from among refugees and IDPs paints a picture in which the State did nothing to prevent attacks on civilians by the Janjaweed, failed to make any meaningful attempt to bring the perpetrators of such violence to justice, and continues to permit the Janjaweed to exercise a reign of terror over those displaced and inside Darfur.  There is widespread denial of protection of civilians in Darfur.

Despite such gross and widespread human rights violations, the United Nations Commission on Human Rights failed to adopt an effective resolution at the 60^th session of the CHR thanks to the support of the African bloc to Sudan. A special session of the Commission on Human Rights on the situation of human rights in Darfur appears to be a difficult proposition.

Situation in Iraq

While the torture and abuse of the Iraqi prisoners in Abu Ghraib prison camp have raised international outcry against the Coalition Forces, members of the United Nations Commission on Human Rights have also failed to sponsor a resolution on the situation of human rights in Iraq. The Commission on Human Rights by its inaction implied that human rights situation improves under occupation.

Lawlessness mars the present administration of justice in Iraq. There is no Penal Code to hold the security forces of the Coalition Provisional Authority accountable for violations of the rights of the Iraqis. The United States and United Kingdom have also questioned the applicability of their national laws in the cases of violations of human rights of the Iraqis by the security forces. The regime of impunity rules the roots in Iraq and it remains to be seen whether any criminal actions are taken by the United States and United Kingdom against its security forces for the torture and degrading treatment of the Iraqi prisoners. Criminal investigations only into the deaths of 25 prisoners in Iraq and Afghanistan are unlikely to assuage the outrage.  The Coalition Provisional Authority consistently dismissed the reports of International Committee of the Red Cross, Amnesty International, Human Rights Watch and others and refused to take any corrective measures.

Arbitrary detentions are rampant. The legal status of many detainees currently subjected to interrogation in Iraq by United States and United Kingdom military officers serving under the Coalition Provisional Authority are uncertain. They have not been granted access to a court to be able to challenge the lawfulness of their detention, as required by Article 9 and Article 14 of the of the International Covenant on Civil and Political Rights.

Although the Office of the United Nations High Commissioner for Human Rights has started a process of collecting information on human rights violations in Iraq, in the absence of a resolution at the Commission on Human Rights on the situation of human rights in Iraq, little effective measures could be taken to act on the report. As the Commission on Human Rights increasingly becomes a club of human rights violators, the mechanisms of the Commission on Human Rights are increasingly rendered ineffective.