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Slavery, otherwise referred to as abductions and forced labour,
remains a reality in Sudan. Thousands of people are still awaiting
release and new abductions have taken place in 2003.1
The ILO Committee on the Application of Standards has condemned
Sudan for failing to prevent abductions and forced labour in 2000,
2001 and again in 2002.
The UN Special Rapporteur on Sudan noted in his statement to the
UN Commission on Human Rights in 2003 that "in spite of some
new commitments, so far human rights abuses have not decreased neither
in the north nor in southern Sudan and the overall human rights
situation has not improved significantly." In light of this
statement it is both surprising and disappointing that the UN Commission
on Human Rights voted this year, by 26 votes to 24, not to extend
the mandate of the Special Rapporteur on Sudan.
CEAWC makes slow progress
The report of the International Eminent Persons Group, Slavery,
Abduction and Forced Servitude in Sudan, was published on 22
May 2002 after a fact finding mission to Sudan.
On page 42 of the report, there are estimates of the total number
of people abducted. Both the Committee for the Eradication of Abduction
of Women and Children (CEAWC) and the
Dinka Chiefs Committee are quoted as estimating the number at 14,000,
while UNICEF and Save the Children (UK) put the total number of
abducted women and children at between 10,000 and 17,000.
A report published by CEAWC's Chairman, Dr Ahmed El Mufti, in January
2003 states that approximately 2,000 cases of abductions have been
documented since 1999. Of these 900 have been reunited with their
families.2 The identification and release
of abducted women and children has therefore been extremely slow
and only a small percentage of the total number waiting to be released
have been freed.
According to the January 2003 report, CEAWC plans "to document
and reunify the remaining 11,500 cases according to the estimates
of the Dinka Committee, within one year from availability of funds".
However, the UN Special Rapporteur on Sudan noted in his statement
to the Commission on Human Rights in 2003 that some sources described
CEAWC as "massively dysfunctional". He also pointed out
that "no public statements were made [by the Government] in
support of CEAWC by the highest political levels." Given these
comments and the limited progress made by CEAWC in the last two
years, the assessment that CEAWC could identify and reunite 11,500
cases in one year seems entirely unrealistic.
Abductions have not stopped
CEAWC has stated that it has not received any new cases of abductions
since June 2002, but this does not indicate that abductions have
stopped. CEAWC does not have the capacity to gather information
on abductions and investigate reports and is therefore not in a
position to document cases unless they are brought directly to it.
The UN Special Rapporteur quoted and endorsed the view of the International
Crisis Group (ICG) which stated that:
"The offensive from late December (2002) until the beginning
of February (2003) was an extension of the government's long-time
strategy of depopulating oil rich areas through indiscriminate
attacks on civilians in order to clear the way for further development
of infrastructure. Eyewitness accounts confirm that the
tactics included the abduction of women and children,
gang rapes, ground assaults supported by helicopter gunships,
destruction of humanitarian relief sites and burning of villages."
NGO sources confirmed that abductions of women and children continued
to take place in
and around the oilfields in the Western Upper Nile and Bahr El Ghazal
regions in 2003, including at Nyal on 20 January; Khorwai on 1 February;
Dhornyier on 13 February; and Dhoryiel on 1 March.
In addition to this the UN Special Rapporteur received reports
which indicate that 667 school pupils were forcibly recruited by
government-allied militias in Unity State. This represents over
22 per cent of the total number of children enrolled in primary
schools in Unity State. The ICG also reported cases of abduction
and forced recruitment of boys in villages throughout the Western
Upper Nile and concerns were raised that the SPLM/A was again using
the forced recruitment of children.
This information clearly shows that the raids and abductions are
continuing in 2003. In this context it should be stressed that this
practice is, according to the Eminent Persons Group, "the product
of a counter-insurgency strategy pursued by successive governments
in Khartoum." The report goes on to say that the Sudanese Government
"has failed to acknowledge its own responsibility for acts
committed by militias and other forces under its authority. The
lack of judicial control and appropriate structures of military
accountability means that militia members are able to act with impunity".
Prosecutions have not taken place
CEAWC's chairperson has the powers to prosecute any person involved
in the abduction of women and children, but until now, CEAWC has
preferred to seek traditional solutions to the problem. In 2003,
CEAWC said it will seek to resolve abductions through the Joint
Tribal Committees, "but on the understanding that this amicable
solution will be for a specific period of time (till the end of
the year 2003 if the necessary funds are provided) and thereafter
resort will be to legal action after having cleared the majority
of cases".
The fact that no prosecutions have been brought for the crime of
abduction in the last 16 years 3
has allowed those responsible for enslaving people to do so with
impunity. Anti-Slavery International considers that it is vital
that legal action should be initiated on outstanding cases in 2004
in order to bring to an end the continuing cycle of abductions.
Furthermore, all those responsible for new abductions and those
who refuse to co-operate with CEAWC should face prosecution now.
Condemning slavery
The Government must clearly condemn abductions, kidnapping and forced
labour 4 if the use of these practices is
to be curtailed. Statements by President al Bashir dismissing reports
of slavery in Sudan as "mere media propaganda" (January
2002) and the Government's claim that figures of 5,000 - 14,000
abducted persons have "no resemblance to reality" 5
have the unfortunate effect of indicating that the Government does
not regard the practice of abductions and forced labour as a serious
problem in Sudan, let alone a priority for action.
The Eminent Persons Group stressed that Sudan's political and military
leaders must speak out forcefully and act vigorously against slavery.
Anti-Slavery International would particularly support the report's
conclusion that: "Denials of the existence of slavery and rationalizations
for its existence may be interpreted by some as indifference or,
worse, license to continue these abuses" (page 11).
However, rather than speak out forcibly against slavery the Government
of Sudan appears to discourage public discussion of the issue of
slavery in Sudan. The 2002-03 report by the Sudan Organisation Against
Torture (SOAT) argues that the Government has effectively prohibited
newspapers from publishing articles on a number of issues, including
the abduction of women and children. The arrest and conviction of
Nhial Bol in 2002, for publishing an article in the Khartoum
Monitor on abductions and slavery supports this viewpoint and
indicates that the Government is more interested in prosecuting
those who express concern over the practice of slavery than publicly
condemning the practice itself. 6
Recommendations
The Government has failed to publicly acknowledge that forces under
its control continue to be responsible for abductions and forced
labour. Nor has it taken action to prevent further incidences of
abduction taking place or to ensure the prosecution of those responsible
for these human rights violations. In this context, Anti-Slavery
International recommends that the Government of Sudan:
- Publicly states that abductions and all associated practices
are illegal, make the appropriate legislative amendments and effectively
enforce the law. Priority should be given to prosecuting all those
responsible for new abductions and those who are not co-operating
with CEAWC.
- Implement the recommendations made by the Eminent Persons Group
in its report, including the proposals to:
(a) Establish a follow-up mechanism to publish a review within
one year on the extent to which its recommendations have been
implemented.
(b) Establish a monitoring group under the auspices of an international
organisation, like the UN Office of the High Commissioner for
Human Rights, to monitor any new occurrences of abduction and
slave taking and to give the group unrestricted access to all
relevant areas.
- Ensure that respect and promotion of human rights, including
a complete end to abduction and the use of forced labour, is an
integral part of any peace agreement reached between the Government
and the SPLM/A.
1 The US State Department
report on Sudan, March 2003 states: "Slavery and trafficking
in persons remained significant problems. Government security forces
and associated militias were responsible for forced labor (including
forced child labor), the abduction of women and children, and the
forced military conscription of underage men."
2 Dr. Ahmed El Mufti, The Experience of the Committee for the
Eradication of Abduction of Women and Children (CEAWC) - Sudan:
Gathering information, documentation, tracing and reunification
of persons abducted during armed conflicts, January 2003, Page
5.
3 International Eminent Persons Group, Slavery, Abductions and
Forced Servitude in Sudan, May 2002, Page 24.
4 This should include the following practices: "false adoption",
debt bondage, employing children away from home and without the
consent of their parents or guardian, and coercing or persuading
girls or women into marriage while keeping them ignorant of their
own origins or their rights. The Government should also amend legislation
to adequately sanction these offences (e.g. the crime of forced
labour is currently only punishable with one year in prison).
5 The ILO Committee on the Application of Standards, June 2002.
6 For more information see Anti-Slavery International, Forced
Labour and Slavery of Women and Children in Sudan, submission
to the UN Working Group on Contemporary Forms of Slavery, May 2002.
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