UN report on Sudan's Darfur a major setback for Bush

[XXPANTHAXX]

Tuesday February 8th, 2005.
By Ken Ramani And Yvonne Asangire

NAIROBI, Feb 07, 2005 (The East African Standard) -- The
second term of President George Bush last week suffered the
first and major diplomatic setback after the United Nations
said no genocide has taken place in Sudan's Darfur state.

This came one year after the United States admitted Iraq
possessed no weapons of mass destruction, the reason why Bush
went to war to depose Saddam Hussein.

Iraq has since degenerated into anarchy and the recent sham
elections are not likely to restore peace in the oil-rich but
poor Arab country.

In a 177-page report compiled by a probe committee appointed
by the UN last year, Khartoum was absolved from the
accusations that its forces had committed genocide in the
troubled western region.

However the UN report accused Khartoum forces and militias
for having conducted indiscriminate attacks, including
killing of civilians, torture, enforced disappearances,
destruction of villages, rape and other forms of sexual
violence, pillaging and forced displacement.

The panel also concluded that rebel forces in Darfur were
responsible for possible war crimes, including murder of
civilians and pillage, and recommended that the UN Security
Council refer its dossier on the crimes to the International
Criminal Court (ICC).

At least 70,000 people are believed to have been killed and
up to 1.85 million others are internally displaced or have
fled to neighbouring Chad since the conflict flared up in
early 2003.

The rebels were protesting at the distribution of economic
resources which they said only benefited Khartoum.

The five-person commission appointed last October also found
credible evidence that rebel forces were responsible for
possible war crimes, including murder of civilians and
pillage.

The commission members were Antonio Cassese (chairman),
Mohamed Fayek, Hina Jilani, Dumisa Ntsebeza and Therese
Striggner-Scott.

The conclusion that no genocidal policy had been pursued
should not be taken in any way as detracting from the gravity
of the crimes perpetrated, says the commission.

"International offences such as the crimes against humanity
and war crimes that have been committed in Darfur may be no
less serious and heinous than genocide," the panel added.

But the crucial element of genocidal intent appeared to
missing, at least as far as the central Government
authorities are concerned.

The commission was particularly alarmed that attacks on
villages, killing of civilians, rape, pillaging and forced
displacement continued during the course of its mandate and
considered that "action must be taken urgently to end these
violations."

It rebutted government statements that attacks were for
counter-insurgency purposes and conducted on the basis of
military imperatives, saying most were "deliberately and
indiscriminately directed against civilians," and even where
rebels may have been present, the use of force was manifestly
disproportionate to the threat posed.

The it did not find a systematic or a widespread pattern,
there was credible evidence that members of the Sudan
Liberation Army (SLA) and the Justice and Equality Movement
(JEM) were also responsible for "serious violations" of
international human rights and humanitarian law which may
amount to war crimes.

In particular, these violations include cases of murder of
civilians and pillage, it added.

Perhaps taking a cue from the UN, France stated that it
rejects the use of the term "genocide" on acts which were
committed in Darfur region.

An official statement issued by the spokesman of the French
Foreign Ministry pointed out that there is no evidence on
premeditation or intention of Sudan government or its allies
to exterminate people in Darfur.

The French government's statement reflected its firm
rejection to imposition of any sanctions on Sudan government.

The statement said that sufficient time should be given for
Khartoum to arrange its political and economic conditions
especially after it signed last January a final peace
agreement in with the southern rebels - Sudan Peoples'
Liberation Army.

Khartoum has since reaffirmed its keenness to put an end to
the conflict in Darfur through "serious dialogue" based on
the government belief that realisation of peace and stability
is an ethical and legal duty.

A statement issued last Wednesday by the Ministry of Foreign
Affairs pointed out that the assignment of the First Vice-
President to assume the file of Darfur issue reflected the
state's keenness to speed up the process of negotiations for
reaching comprehensive peace.

The Council will hold at least two meetings and possibly a
third on Sudan this month, focusing on both the situation in
Darfur - where violent clashes have been reported this week -
and the proposal for the establishment of a UN peace-support
mission in southern Sudan following the signing of a peace
deal in Nairobi last month.

"The Sudanese justice system is unable and unwilling to
address the situation in Darfur," says the report.

The measures taken so far by the government to address the
crisis have been both grossly inadequate and ineffective,
which has contributed to the climate of almost total impunity
for human rights violations in Darfur.

"Very few victims have lodged official complaints regarding
crimes committed against them or their families, due to a
lack of confidence in the justice system," says the report.

It recommends the establishment of a compensation commission
to grant reparation to the victims of the crimes, whether or
not the perpetrators have been identified.

"The Commission considers that the Security Council must act
not only against the perpetrators but also on behalf of the
victims," says the report.

The Commission has given UN secretary-General Kofi Annan a
sealed file of names of people it believes responsible to be
handed over to a competent prosecutor.

"But this is a decision for the Security Council, not for me.

What is vital is that these people are indeed held
accountable. Such grave crimes cannot be committed with
impunity. That would be a terrible betrayal of the victims,
and of potential future victims in Darfur and elsewhere,"
Annan was quoted as saying.

The U.N. report on Sudan's Darfur is online at
http://www.un.org/news/dh/sudan/com_inq_darfur.pdf .