publications

Recommendations

To the Government of Sudan

    • Immediately cease all attacks by government forces and government-backed militia against civilians, including women and girls.
    • Provide an open and accessible mechanism for individuals to report on and bring complaints against any member of the armed forces for commission of, complicity in, or ordering rape or other forms of sexual violence.  Ensure that all such complaints are fully investigated, and that any member of the armed forces implicated in such allegations be immediately suspended pending outcome of the investigation.  Ensure that a complete and accurate record is kept of all such complaints and outcomes of investigations, and that these records are made available to UNAMID civilian police and to UNAMID human rights monitors.
    • Issue clear, public instructions in the form of a presidential decree to all members of the armed forces and government-sponsored militia that rape and other forms of sexual violence will be promptly investigated and prosecuted.  Hold those who commit such acts criminally responsible.
    • Seek international assistance and expertise to strengthen Darfur’s law enforcement system by implementing professional training for police and prosecutors and other measures to ensure that (1) victims of criminal offenses, especially victims of sexual violence, have access to justice through open and accessible reporting and complaints mechanisms, and (2) law enforcement officials implicated in abuses are disciplined or prosecuted in accordance with international legal standards.
    • Ensure that sufficient numbers of police are adequately deployed to combat crime in rural areas and have sufficient means to respond promptly to criminal offenses. Ensure female police, including investigators, are deployed in every station and are trained and tasked to assist victims of sexual violence.
    • Ensure police and medical professionals are trained on and fully understand the amended procedure outlined in government Criminal Circular 2 for collecting medical evidence for use in legal proceedings. Ensure the correct forms are widely available to all police and authorized medical professionals and that they are provided to victims without charge. Monitor police performance in response to cases of sexual violence and promptly discipline law enforcement officers who do not comply with the procedures.
    • Ensure health professions implement WHO-UNHCR clinical protocols for handling sexual violence cases.
    • Issue clear public instructions to police and prosecutors to diligently investigate abuses in sexual violence cases in all reported cases, regardless of whether committed by members of armed forces, police, militia, rebels, or any other perpetrator.
    • Issue clear public instructions to military commanders to comply promptly and transparently to requests from prosecutors in cases of sexual violence perpetrated by members of the armed forces.
    • Revise laws that provide effective immunity in civilian courts for security personnel who commit serious crimes against civilians, including crimes of sexual violence, in particular the National Security Forces Act, the Police Forces Act, and the People's Armed Forces Act.
    • Revise articles 145 and 149 of the criminal code to preclude victims of rape from being prosecuted for adultery, and include provisions for attempted rape. 
    • Instruct police to cooperate fully with UNAMID Police including permitting the UNAMID Police to monitor investigations.
    • Support and improve effectiveness of the three Darfur State Committees to Combat Violence Against Women in line with the government’s own Joint Task Force recommendations.
    • Ratify the Convention on the Elimination of All Forms of Discrimination against Women and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.

To the “non-signatory” rebel groups and former rebel groups

  • Cease all attacks on civilians, including on women and children.
  • Give clear, public orders to group members that rape and other forms of sexual violence will be investigated and prosecuted, and that perpetrators will be held fully accountable. 
  • Provide an open and accessible mechanism for individuals to report on and bring complaints against any group member for commission of, complicity in, or ordering rape or other forms of sexual violence.  Ensure that all such complaints are fully investigated, and that any group member implicated in such allegations be immediately suspended pending outcome of the investigation. Ensure that a complete and accurate record is kept of all such complaints and outcomes of investigations, and that these records are made available to UNAMID police and to UNAMID human rights monitors.
  • Cooperate fully with UNAMID to allow it to effectively protect civilians and reduce instances of sexual violence, including by issuing orders to group members to provide UNAMID with full freedom of movement in their areas of operation, and full access to any investigations of incidents of sexual violence.

To UNAMID

  • Deploy forces throughout Darfur in such manner as to ensure rapid access to the civilian population, especially in volatile areas where UNAMID should have a visible presence. Peacekeepers should be equipped and authorized to construct and deploy to temporary bases for short and medium length stays while permanent bases are being constructed. These should include areas under control of non-signatories to the Darfur Peace Agreement.
  • Ensure UNAMID police are well-trained in the laws of Sudan and international policing standards, especially as they relate to human rights; in working with international humanitarian and human rights agencies; in reporting on police misconduct; and on their own police powers and mandate.
  • Ensure UNAMID police are well-equipped to investigate human rights abuses, in particular sexual violence cases. A sufficient number of qualified and experienced female officers and interpreters should be deployed widely to all UNAMID bases.
  • UNAMID should carry out, in coordination with the local community and humanitarian agencies, regular “firewood” patrols, market patrols, foot patrols inside camps, as well as other day and night patrols inside and outside camps and towns, especially in volatile areas.
  • In handling cases of sexual violence, UNAMID personnel should always defer to the survivor’s wishes about treatment and next steps. If the survivor wishes to proceed with legal action, UNAMID should provide assistance strictly in line with the referral pathway agreed among all humanitarian actors. This assistance should include transportation to medical facilities as needed.
  • UNAMID personnel should observe confidentiality guidelines in all cases. In particular, UN personnel should never provide the name of a victim to authorities without the victim’s informed consent.
  • In accordance with Security Council Resolution 1325 (2000), ensure that UNAMID has a strong gender component at all levels, and that peacekeepers are held accountable for any acts of sexual harassment, exploitation, or violence.

To the United Nations Security Council

  • Convene a meeting to discuss the prevalence of sexual and gender-based violence in Darfur and the justice mechanisms available to the victims of such violence. 
  • Following that meeting, issue a resolution outlining the specific measures that the Sudanese government should take, within a specified period, to address those concerns. Ensure that the resolution also specifies ways in which UNAMID can support Sudanese government efforts to address sexual violence in Darfur, and any actions that the government should take (such as the issuing of further orders to military and official personnel) to enable UNAMID to do so.
  • If the government of Sudan fails to take or obstructs any such measures within the time specified as set out in the resolution, impose targeted sanctions on those individuals responsible.

To UN and AU states contributing to UNAMID

  • In accordance with General Assembly resolution A/RES/62/63 (2008), take all appropriate measures to ensure that crimes, including sexual and gender-based violence crimes, committed by United Nations officials and experts on mission do not go unpunished; ensure the perpetrators of such crimes are brought to justice; and report to the UN secretariat the status of efforts to investigate and, as appropriate, prosecute crimes of a serious nature.