11/10/2004

The Government of Sudan is forcibly relocating thousands of internally displaced persons (IDPs) in Sudan, without respect for international law. The government’s actions defy both the letter and the spirit of its August 21 Memorandum of Understanding (MOU) with the International Organization for Migration (IOM), in which it committed to international involvement in assuring “voluntary, safe, dignified, and sustainable” return of IDPs in Darfur.

Full responsibility for forced relocations rests with the Government of Sudan. The Secretary General of the United Nations, Kofi Annan, and the Security Council condemned the action, and called upon the government of Sudan to “cease all forcible relocations, return those removed, and allow relief workers immediate access to all internally displaced persons camps.” While condemnation is needed, the international community may have been able to intervene earlier to prevent or at least provide timely warning of impending forced displacements.

In the early morning hours of November 2 and again on November 9, Government of Sudan security forces surrounded three camps within a five-mile radius of Nyala: Al Geer, Otash and Kalma. At Al Geer camp they forcibly removed all of the IDPs, numbering between six and nine thousand, to the new Saudi Red Crescent Al Surief camp in Nyala town. The authorities are accused of using tear gas, firing shots, raping women and burning shelters in the middle of the night. Some IDPs were shot and needed immediate medical attention for their wounds. Hours after the camp was stormed, 250 families were forced onto13 trucks and brought to a newly erected camp outside of Nyala. According to the staff of an international NGO that visited the camp, which was built by the Saudi Red Crescent, it was too small to house so many IDPs.

While the actions of the past ten days took the international community in Nyala by surprise, there were early warnings that the Government of Sudan was contemplating forced relocations:

• In early October, Refugees International raised the issue that there were very few services in the Otash camp despite its proximity to Nyala, the most developed town in the Darfur region. The UN Office for the Coordination of Humanitarian Affairs (OCHA) told us that there were land disputes surrounding Otash camp and they were waiting on the resolutions of these issues before making it a priority to provide services. The Government of Sudan Humanitarian Aid Commission (HAC) was being sued by the landowner and wanted to remove the inhabitants from this land.
  
• HAC had also discussed concerns with OCHA that Kalma camp, with over 70,000 residents, was growing too large for its site. There had been threats by the HAC “return commission” to sheikhs that they would relocate the population. They told the sheikhs that “anyone who attempted to stop returns would be shot.” When the sheikhs reported this to representatives of international agencies, the police arrested them for suspicion of arms dealing.
  
• Over the summer, inhabitants from a camp near the airport road in Nyala were also forcibly relocated.

• The Government of Sudan recognize that it is responsible for ensuring both the safety and basic well being of internally displaced persons. The Government is obligated under its Memorandum of Understanding (MOU) with IOM and the Guiding Principles on Internal Displacement not to engage in involuntary relocations or returns of IDPs. The HAC must coordinate closely with OCHA, IOM and humanitarian agencies to find viable alternatives for IDPs in overcrowded or unsuitable environments.
  
• Given IOM’s lack of protection mandate and experience, the Special Representative of the Secretary General for Sudan ensure that IOM’s involvement in IDP protection is supported by other agencies in the UN system with more protection capacity.
  
• IOM increase its contingent of field representatives to ensure that it is truly able to fulfill its requirements under the MOU to ensure voluntary and safe returns. Currently IOM has only one field staff person per department. IOM should clarify its responsibility for handling relocations of IDPs with the Government of Sudan.
  
• African Union monitors be deployed near IDP camps to ensure protection of civilians. They should also monitor and liaise with local police forces and with UN and other humanitarian protection officers, such as those of OCHA, to ensure the safety of IDPs. The AU should be willing to engage in discussions with government forces to prevent further violence and ensure the protection of civilians.
  
• OCHA should take a more active role in finding solutions with the IOM, the government, and humanitarian agencies for displaced persons housed in areas designated by the government as unsuitable. Lifesaving assistance to IDPs should have priority over land disputes and overcrowding.