About This Report
The Way Forward
October 6, 2009

II. Recommendations

To t he Government of National Unity

  • End all deliberate and indiscriminate attacks against civilians in Darfur and other violations of international humanitarian law, and hold those responsible to account.
  • Fulfill obligations to cooperate with the International Criminal Court (ICC) including surrendering those subject to ICC arrest warrants to the court.
  • Remove legal immunities for members of the security forces, and investigate and hold to account those responsible for abuses regardless of rank.
  • Grant full access for humanitarian aid to all populations in need, and comply with existing agreements regarding the operation of aid agencies in Sudan, including the commitment to allow aid organizations to implement human rights and protection programs.
  • Immediately charge or release people who have been arbitrarily arrested and detained, and end harassment, abuse, and arrest and detention of human rights activists and other individuals who speak out on human rights, justice, and other issues of public concern.
  • End the practice of censorship, and allow full and open reporting on issues of public interest.
  • Urgently enact genuine reforms to the National Security Forces Act in line with the Comprehensive Peace Agreement and Sudan’s international obligations, ahead of elections
  • Implement all outstanding obligations in the Comprehensive Peace Agreement regarding Abyei; demarcate the January 1, 1956 border; and fully implement security provisions such as pulling back and downsizing troops and ensure both armies absorb or re-integrate all “other armed groups.”
  • End the policy of assigning abusive former militia to serve in the Joint Integrated Units and replace them with soldiers who do not have a record of abuse; provide the full support promised to the Joint Integrated Units.

To t he Government of Southern Sudan

  • Take steps to improve security and protection of civilians by increasing visits by government officials to volatile areas, and increasing the presence of trained and equipped police. Ensure that any SPLA forces deployed to protect civilians are appropriately trained and resourced in civilian protection methods.
  • Accelerate efforts to build a culture of accountability in volatile areas, ensuring police work with local authorities to investigate crimes and bring criminal suspects to justice.
  • Ensure that authorities planning and conducting civilian disarmament campaigns adopt procedures that uphold human rights, including accountability for perpetrators of abuses, including extrajudicial killings.

To UNAMID

  • Monitor all government obstruction and its consequences for the mission and communicate this to the tripartite mechanism in Khartoum, the UN and AU headquarters, and UN Security Council members.
  • Make protection of civilians a priority and clarify how this mandate should be implemented, including through the development of mission specific protection strategies, standard operating procedures, and training of personnel in all sectors of the mission. This should include procedures for responding effectively to information on threats to civilians both through advocacy and other preventive measures, including appropriate physical intervention. 
  • Increase information-gathering and analysis, particularly in relation to protection of civilians, and ensure that this information is shared within the mission, with the UN and AU headquarters, and with Security Council member governments. Information on protection of civilians should be reported publicly in every secretary-general report on UNAMID.

To UNMIS

  • Take all steps necessary to make operational the mission’s civilian protection mandate. It should clearly define the protection policy setting out a range of possible interventions, and communicate this policy widely within the mission and to national and regional government counterparts and local communities.
  • Press for full access to all areas within the ceasefire zone in accordance with the UNMIS mandate and the Status of Forces Agreement.
  • Increase and improve monitoring and analysis of conflict dynamics and protection concerns, particularly in volatile areas. Use this analysis as a basis for using and deploying the mission’s resources strategically to prevent conflict and protect civilians from human rights abuses.

To the UN Security Council and Member States

  • In accordance with Security Council Resolution 1591 (2005), impose targeted sanctions on all individuals who impede the Darfur peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the arms embargo, or are responsible for offensive military over-flights in Darfur.
  • Establish an independent monitoring mission to conduct and report publicly on a comprehensive assessment of current needs and programs in place, in all sectors, including human rights and protection programs and all areas, including areas not under government control. The assessment should include Sudanese authorities’ cooperation with or obstruction of aid operations, and new or ongoing civilian protection concerns, including insecurity, conflict, and displacement.
  • Task the UN Office for the Coordination of Humanitarian Affairs (OCHA), the UN High Commissioner for Refugees (UNHCR), and UNAMID to establish a regular system of information collection, analysis, and sharing to ensure regular public reporting on the current situation in Darfur, including humanitarian needs and civilian protection.

To Concerned Governments, Special Envoys, and International Donors

  • Press the parties to the Comprehensive Peace Agreement (CPA) to implement key outstanding obligations regarding Abyei; demarcation of the January 1, 1956 border; and security provisions such as pulling back and downsizing troops, dissolution of “other armed groups,” and support to the Joint Integrated Units.
  • Provide technical assistance to the parties to achieve CPA goals—particularly in legal and institutional reforms and in technical aspects of border demarcation. Support to the elections should prioritize immediate deployment of international elections monitors and support for national elections observers and civil society involvement.
  • Monitor the parties’ progress in these processes through the CPA-created Assessment and Evaluation Commission. Concerned governments should consider forming an expanded contact group dedicated to CPA implementation while ensuring linkages to the Darfur peace process.