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Africa Action

FOR IMMEDIATE RELEASE
JULY 19, 2006
12:52 PM

CONTACT: Africa Action
Ann-Louise Colgan (202-546 7961)

 
Africa Action Releases New Talking Points on How to Stop Genocide in Darfur
Organization also launches Escalation Strategy on Darfur, with new Actions and Analysis to Follow
 

WASHINGTON - July 19 - In the aftermath of the pledging conference on Darfur, held yesterday in Brussels, Africa Action today released the following short statement and an updated version of its "Talking Points on How to Stop Genocide in Darfur, Sudan" (below).

"As the situation in Darfur worsens by the day, this week's pledging conference in Brussels revealed a broad international consensus on the need for a United Nations (UN) peacekeeping force to protect civilians and humanitarian operations on the ground. But the international community's failure to overcome Khartoum's objections to such a UN force, and to take new action to initiate such a force, leaves the Sudanese government to dictate the pace and the extent of the response to this crisis. The most immediate priority for the people of Darfur is protection, and yet world powers are failing to offer this protection or to articulate a plan to achieve this on an urgent basis.

"The additional pledges of money in Brussels to support the African Union (AU) operation in Darfur amount to only a portion of what the AU needs to sustain even its current mission, which is clearly inadequate to the protection needs on the ground. A UN peacekeeping force is needed to reinforce the AU operation and to stop the violence and protect civilians and humanitarian efforts in Darfur.

"Africa Action calls on the U.S. and other powers to move beyond pledges and stop-gap measures and to do everything necessary to overcome the Sudanese government's objections, and authorize and deploy a UN force for Darfur immediately."

The organization's new escalation strategy in its Campaign to Stop Genocide in Darfur is available at: http://www.africaaction.org/campaign_new/docs/PumpingUpthePowertoProtect.pdf---

***

Africa Action Talking Points on How to Stop Genocide in Darfur, Sudan
Last Updated July 2006

Nothing short of international intervention will stop the genocide in Darfur. Africa Action believes that the U.S. must do everything necessary to secure a United Nations (UN) Security Council Resolution authorizing a multinational intervention force, under Chapter 7 of the UN Charter, to stop the genocide and protect civilians and humanitarian efforts in Darfur.

1. What is Genocide?

The international legal definition of the crime of genocide is found in Articles II and III of the 1948 Convention on the Prevention and Punishment of Genocide. Article II describes the two elements that constitute the crime of genocide:

(i) The mental element, meaning the "intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such", and

(ii) The physical element, which includes five types of violence described in sections [a] though [e] as follows: [a] Killing members of the group; [b] Causing serious bodily or mental harm to members of the group; [c] Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; [d] Imposing measures intended to prevent births within the group; [e] Forcibly transferring children of the group to another group.

2. What is happening in Darfur is Genocide

(i) Genocidal Intent: The intent of the Sudanese government to destroy, in whole or in part, three African ethnic communities (the Fur, Zaghawa and Massaleit), is clear from at least four categories of evidence: [a] Documentary evidence; [b] Legal inference based upon the systematic perpetration of culpable acts directed against specific targeted groups; [c] Testimony of witnesses who are survivors of the genocide; and [d] Government efforts to eliminate all traces of mass graves.

[a] Documentary evidence: Sudanese Government documents obtained and released by Human Rights Watch make clear government intent through its actions of arming, equipping and transporting Arab militias to destroy, in part, targeted groups. In violation of UN Security Council Resolutions, the government has withheld other documents requested by the UN, such as flight logs for aircraft (planes and helicopter gunships) used by the government in Darfur, as well as the minutes of meetings of government security officials on Darfur. Such documents would likely provide further documentary evidence of genocidal intent. According to The New York Times on February 23, 2005, African Union observers have also uncovered a document that indicates a policy of genocide on the part of the government.

[b] International legal precedent (from the International Criminal Tribunals for Rwanda and the former Yugoslavia) holds that genocidal intent can be inferred from the context of the perpetration of culpable acts when they are systematically directed against a group. For more than three years, the government of Sudan has established a pattern of atrocities including mass killings, mass rapes, bombings, burning and pillaging villages, and destruction of water wells and crops, systematically directed against the targeted groups.

[c] The testimony of survivors of genocide in Darfur consistently reports that the perpetrators of the atrocities frequently and clearly stated their intent to destroy these groups as part of a broader government-inspired effort. Attackers' statements, such as "we will kill all the black," are documented in an International Criminal Court report from June 2006.

[d] According to witnesses and documentary evidence, the government of Sudan has sought to erase all trace of large mass graves of executed civilians in Darfur. It has prevented researchers from obtaining forensic evidence from such sites.

(ii) Genocidal Actions: In Darfur during the past three years, the physical acts of violence that have been systematically directed against the targeted groups have included all five categories of violence listed in the Genocide Convention. These acts have resulted in the deaths of more than 450,000 people*:

The following letters correspond to the five categories of genocidal violence listed under the legal definition of genocide at the beginning of this document:

[a] more than 200,000 people have been killed by government forces and militias from 2003 to the present time, and the killing continues;

[b] bodily and mental harm has been inflicted upon thousands of women and young girls raped by soldiers and militias.

[c] at least an additional 200,000 lives have been lost through the deliberate destruction of homes, crops and water resources and the physical displacement of more than two million people which have resulted in conditions of famine and disease epidemics;

[d] the killing of pregnant women; and

[e] the use of rape as a weapon of genocide as many perpetrators have stated that their intent is to change the ethnic identity of the child conceived by rape.

3. The Humanitarian Crisis

  • Genocide in Darfur has created the worst humanitarian crisis in the world: There are more than 2.5 million people in camps for Internally Displaced People (IDPs) in Darfur and roughly 250,000 people have been displaced or re-displaced since the beginning of 2006. The UN estimates that up to 4 million people in Darfur are reliant on humanitarian aid for survival. A lack of funding compelled the World Food Program to reduce food rations beginning in May. Only 50% of the $648 million needed for humanitarian operations in 2006 has been either pledged or received.

  • It is estimated that almost 7,000 people are dying each month in Darfur and that this figure could rise significantly if humanitarian operations continue to be obstructed by violence. In July 2006, UN Under-Secretary for Humanitarian Affairs Jan Egeland warned of growing insecurity and a lack of funding, indicating that humanitarian operations were on the brink of collapse. Such a collapse would jeopardize hundreds of thousands of lives in Darfur.

  • The Khartoum government cannot be trusted to address the humanitarian crisis: Across the region, government tactics such as import restrictions on fuel and routine harassment of aid workers, stand in the way of effective relief efforts. In a May 2006 report, UN Secretary-General Kofi Annan characterized the government's obstruction of food aid as a "violation of international humanitarian law." The government of Sudan is the author of the ongoing genocide in Darfur, and Khartoum cannot be trusted to provide security to humanitarian operations there.

  • Security is Essential for Humanitarian Efforts: Adequate humanitarian assistance cannot be provided to vulnerable and displaced groups in Darfur without military protection. This reality is particularly evident as relief workers are increasingly targeted, forcing restrictions in aid operations. A multinational intervention is necessary to provide security and logistical support to urgent humanitarian efforts.

    4. The African Union Cannot Respond Alone

  • The African Union (AU)-sponsored peace talks between the Sudanese government and the rebel groups in Abuja, Nigeria, under intense international pressure, culminated in the signing of a Darfur Peace Agreement (DPA) on May 5, 2006. However, only one faction of the main rebel groups, and the Sudanese government, signed this deal. The cease-fire has had no effect in deterring violence on the ground on all sides, and attacks against civilians have increased. Violence is also increasingly spilling across the border into neighboring Chad.

  • The AU has some 7,000 troops on the ground in Darfur - still short of the 7,700 that the AU agreed in March 2005. Jan Egeland at the UN has stressed that the force in Darfur "needs to be boosted to three times the strength of the current" force. Moreover, the AU has no mandate to protect civilians, and its mission's credibility among the Darfuri population has plummeted.

  • The AU mission in Darfur clearly lacks the troop strength, and the financial and logistical support necessary, to stop the ongoing genocide. As the mission has struggled to perform with few resources, it has been blamed both internationally and locally for its weaknesses. The AU force has increasingly come under fire in Darfur.

  • The AU has agreed on the need for a transition from its current operation to a larger UN peacekeeping force, but the Sudanese government continues to oppose such a transition. The AU has recently pushed the proposed transfer date to the end of this year, but a UN mission has yet to be authorized, and this AU decision therefore creates no immediate improvements in the situation on the ground.

  • Genocide is not an African problem, it is an international problem and, as such, it requires an international response. The African Union is a young organization (established in 2002) and it is not equipped to respond to a crisis of this magnitude. Faced with such a grave challenge, the international community cannot allow the AU to fail, but rather must support, reinforce and expand upon its efforts in Darfur.

    5. The U.S. Government Acknowledges Genocide, But Fails to Act

  • The U.S. is the only government to have publicly acknowledged that what is happening in Darfur constitutes genocide. On September 9, 2004, then-Secretary of State Colin Powell declared on behalf of the Bush Administration that, "genocide has been committed in Darfur, and that the government of Sudan and the Janjawid bear responsibility." The White House issued a statement the same day confirming this determination.

  • At the same time as he acknowledged that genocide was being carried out in Darfur, Powell also defied logic, stating, "no new action is dictated by this determination."

  • President Bush has failed to prioritize the genocide in Darfur. His stated concern and promises of limited logistical support for the AU mission have not been matched by concrete actions to stop the genocide and protect the people of Darfur. The Administration has declared support for a UN mission in Darfur, but it has failed to use its leverage with the Sudanese government to overcome its objections to such a force.

  • U.S. policy towards Sudan is marked by three competing policy priorities: (1) support for the newly formed government of national unity as part of the North-South peace process, (2) intelligence-sharing with the Sudanese government as part of the so-called 'war on terror', and (3) ending the genocide in Darfur. The inability of the U.S. to stand firm on a clear message of action against genocide has undermined the international response on Darfur.

  • The U.S. has a clear moral and legal obligation to prevent and punish genocide as a signatory to the Convention on the Prevention & Punishment of the Crime of Genocide.

  • The U.S. has provided some transportation and logistical support to the African Union troops on the ground in Darfur, and engaged in efforts to support the peace process. But its actions still remain wholly inadequate in response to an ongoing genocide.

    6. The UN Acknowledges Crimes Against Humanity, But Fails to Act

  • The United Nations' International Commission of Inquiry on Darfur delivered its report to UN Secretary-General Kofi Annan in January 2005. The report found that the Sudanese government has committed major crimes under international law, including a pattern of mass killings, rape, pillage and forced displacement and that these constitute war crimes and crimes against humanity.

  • Although the report provided ample evidence of genocidal intent and actions on the part of the Sudanese government, the commission concluded that it did not find a government policy of genocide in Darfur. This hearkens back to the time of the genocide in Rwanda in 1994, when the international community dodged the term "genocide" to avoid the obligations that such a serious charge would invoke.

  • The first conclusion of the report states that the people of Darfur "have been living a nightmare of violence and abuse" and that "they need protection," but the report fails to recommend any measures to provide such protection. Subsequent monthly reports by the Secretary-General on the crisis in Darfur emphasize the protection needs of the people of Darfur and the growing violence they face.

  • The UN Security Council has hesitated on Darfur, largely because of the economic and diplomatic interests of its permanent members especially China and Russia, who don't wish to antagonize Khartoum. China is the single largest investor in Sudan's oil sector, while Russia is Khartoum's major arms supplier.

  • The UN has recently begun to take initial steps toward planning a peacekeeping force for Darfur, building upon the realization of the DPA, but these steps have yet to make a difference on the ground. A joint AU-UN technical assessment mission to Darfur in June investigated the necessary mandate, force size and cost of a future UN mission.

  • Without a strong international commitment to expedite the realization of a UN peacekeeping mission in Darfur, the deployment of such a force could still be months away. The UN Under-Secretary General for Peacekeeping suggested in June 2006 that a UN deployment might not be feasible before January 2007. Meanwhile, insecurity and humanitarian decline continue to claim lives in Darfur.

    7. What is needed is an Urgent International Intervention

  • As the genocide continues in Darfur and across the border in neighboring Chad, stopping the genocide & protecting the people of Darfur must be the first priority of the international community. There is now an international consensus that a robust UN peacekeeping force is needed in Darfur on an urgent basis.

  • An international intervention would serve four critical purposes: (1) Stop the killings, rapes and pillaging in Darfur; (2) Provide security to facilitate urgent humanitarian assistance programs; (3) Enforce the African Union cease-fire established by the Darfur Peace Agreement between the Khartoum government and one of the rebel groups, and (4) facilitate the voluntary return of IDPs to their land and the reconstruction of their homes by providing a secure environment.

  • In September 2005, member states of the UN recognized the fact that there is an international "responsibility to protect" civilians from genocide and crimes against humanity. The response to Darfur now tests this principle. Unless the UN acts to protect the people of Darfur, the African Union will continue to be left to bear the brunt of this growing catastrophe, and it will likely be blamed for failing to act sufficiently & in time to save hundreds of thousands of lives.

  • The most efficient way to realize a multinational force in Darfur would be to immediately provide the African Union troops already on the ground with a Chapter 7 mandate to protect civilians, turning them into a "blue-helmeted" UN force. This would save time on deployment, since these troops are already in Darfur, and would provide them with international authority and backing. It would also furnish them with a mandate to protect civilians and to enforce (not just observe) the cease-fire.

  • Once the AU operation has been "re-hatted" as a UN mission with a mandate to protect civilians, the UN should immediately begin reinforcing and expanding that mission with a UN peacekeeping force. This multinational force should comprise at least 20,000 troops.

    8. What the U.S. should do:

  • As the genocide continues in Darfur, the U.S. must use its leverage and take every step necessary to overcome Khartoum's objections to a UN force.

  • At the UN Security Council, the U.S. must take immediate steps to ensure the rapid authorization and deployment of a UN peacekeeping mission to Darfur, under Chapter 7 of the UN Charter. The U.S. must expend the necessary diplomatic capital to overcome any Chinese and Russian objections to such a UN mission.

  • Just over a decade ago, the U.S. blocked UN action as genocide unfolded in Rwanda. Many UN member states are also skeptical about U.S. intentions given its un-sanctioned intervention in Iraq. But the U.S. must convince the members of the UN Security Council that the genocide in Darfur requires urgent international action.

  • The Bush Administration faces growing public pressure for action to stop the genocide in Darfur. By taking all necessary steps to achieve a UN peacekeeping mission in Darfur, the U.S. government would demonstrate its commitment to protecting the people of Darfur and fulfill those calls for leadership in the face of the first genocide of the 21st century.

    * Accurate estimates of the death toll in Darfur have been difficult to ascertain because of obstruction on the part of the Sudanese government and because of UN unwillingness to offer an official estimate. The best regular estimates of mortality rates in Darfur have been provided by Prof. Eric Reeves of Smith College (among others), who makes use of extensive data and scientific formulae for projecting death rates in comparable conditions. (http://www.sudanreeves.org/). The Coalition for International Justice also released a report in April 2005, confirming that the death toll in Darfur was then close to 400,000.

    This resource is available in PDF format on Africa Action's website here: http://www.africaaction.org/newsroom/docs/TPs0607.pdf

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