Darfur Victims Support

Analysis of the UNHRC Draft Resolution Regarding the Humanitarian and Human Rights Crisis in Sudan

Darfur Victims Support Organization

Analysis of the UNHRC Draft Resolution Regarding the Humanitarian and Human Rights Crisis in Sudan

September 20, 2024

The draft resolution currently under discussion at the United Nations Human Rights Council concerning the humanitarian and human rights crisis in Sudan reflects the gravity of the situation and reaffirms the international community’s commitment to addressing the ongoing conflict. This report aims to analyze the content and implications of the draft resolution, emphasizing the critical need for its adoption to protect civilians, ensure accountability and lay the foundation for sustainable peace.

1. Overview of the Draft Resolution

The draft resolution outlines a clear response to the severe human rights violations and humanitarian crisis resulting from the armed conflict in Sudan. It is rooted in fundamental international frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights. The preambular paragraphs reaffirm Sudan’s sovereignty while emphasizing the state’s primary responsibility to protect its citizens from genocide, war crimes, and crimes against humanity.

The resolution reiterates obligations under international humanitarian law and stresses commitments made by Sudan under key agreements, including the Jeddah Declaration of May 2023, which aims to protect civilians. However, the ongoing violence between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), along with documented war crimes, has significantly impeded progress.

2. Key Findings from the Fact-Finding Mission

One of the central components of the draft resolution is its inclusion of findings from the fact-finding mission in Sudan. The mission presents overwhelming evidence of war crimes and crimes against humanity committed by both parties to the conflict, with the RSF being implicated in large-scale ethnic violence, particularly in Darfur. The mission documented cases of sexual violence, child maiming, arbitrary arrests, and widespread targeting of civilians, which demand immediate international attention and action.

The inclusion of these findings in the draft resolution underscores the intention to hold perpetrators accountable, while also highlighting the necessity of halting the arms flow into Darfur, as the continuous inflow of arms exacerbates the conflict.

3. The Importance of Adopting the Resolution

In light of the current situation, adopting the draft resolution is crucial for several reasons:

a) Civilian Protection: The ongoing conflict has resulted in egregious human rights violations. The resolution calls for an immediate ceasefire and urges all parties to allow unhindered access for humanitarian aid, which is essential given the famine conditions threatening over 25 million people. The resolution also condemns attacks on humanitarian convoys, a practice that has become alarmingly prevalent, especially in Darfur and Khartoum.

b) Accountability for War Crimes: The fact-finding mission’s conclusions underscore the urgent need for international accountability mechanisms. The mission’s findings that both the SAF and RSF have committed serious crimes call for immediate action by the International Criminal Court (ICC) and other judicial bodies. Accountability is key to preventing further atrocities and ensuring that Sudan’s transition to peace includes justice for the victims.

c) Humanitarian Relief: Sudan’s humanitarian situation has deteriorated rapidly, with millions internally displaced or seeking refuge in neighboring countries. The draft resolution urges the international community to maintain pressure on warring parties to facilitate the delivery of humanitarian aid. This is particularly critical given the attacks on civilians, humanitarian workers, and aid supplies. The reopening of humanitarian aid channels through the Adre border crossing in Chad is a positive step, but further actions are necessary to avert a full-scale humanitarian catastrophe.

4. Challenges to the Resolution’s Adoption

While the draft resolution has garnered significant international support, its adoption is not without opposition. Sudan, alongside countries such as Algeria, Eritrea, and Egypt, has objected to the renewal of the fact-finding mission’s mandate, citing concerns over sovereignty and external interference. These states argue that the mission’s findings are biased and infringe upon Sudan’s autonomy.

However, it is essential to recognize that Sudan’s membership in the Human Rights Council was granted following the success of the 2019 revolution, which aimed to end decades of oppression. Sudan’s current membership should not be used as a shield from scrutiny, particularly in light of the grave human rights abuses occurring under the current regime.

The opposition’s concerns must be addressed through diplomatic channels, stressing that the resolution does not seek to infringe upon Sudan’s sovereignty but rather aims to stabilize the country and protect its civilian population. Furthermore, the resolution’s emphasis on a Sudan-led and Sudan-owned peace process demonstrates respect for the country’s autonomy while promoting international cooperation.

5. Recommendations for Future Action

To ensure the effectiveness of the resolution and its implementation, several recommendations should be considered:

a) Strengthening International Monitoring: The resolution calls for the establishment of an independent monitoring mechanism to oversee the ceasefire and ensure compliance by all parties. This mechanism must be robust and transparent, involving international actors such as the African Union and the United Nations to maintain neutrality and credibility.

b) Inclusive Peace Process: The draft resolution underscores the need for a Sudanese-owned political process that includes all relevant stakeholders, particularly women and youth, who have been disproportionately affected by the conflict. Ensuring that all sectors of Sudanese society are represented in peace negotiations will be critical to achieving lasting stability.

c) Support for the ICC: The reference to the ICC’s ongoing investigation into war crimes in Darfur should be expanded to include a call for full cooperation from all involved parties. The international community must prioritize accountability to ensure that those responsible for atrocities face justice.

6. Conclusion

The draft resolution represents a comprehensive and urgent response to the humanitarian and human rights crisis in Sudan. Its adoption is essential to halt the violence, protect civilians, and ensure that Sudan’s transition to peace is grounded in accountability and justice. By supporting the resolution in its entirety, the international community sends a strong message that impunity will not be tolerated and that Sudan’s future lies in upholding human rights and the rule of law.

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