SUDAN: UNHCHR ARBOUR SEES NO PROGRESS IN DARFUR,

C O N F I D E N T I A L KHARTOUM 001085

SIPDIS

SIPDIS

DEPARTMENT FOR AF/SPG AND DRL

E.O. 12958: DECL: 05/08/2016
TAGS: PHUM PGOV KPKO SU UN AU
SUBJECT: SUDAN: UNHCHR ARBOUR SEES NO PROGRESS IN DARFUR,
CALLS FOR ICC ACTION


Classified By: CHARGE D'AFFAIRES A.I. ANDREW STEINFELD; REASON: 1.4(B)
AND (D)


1. (C) Summary: United Nations High Commissioner for Human
Rights Louise Arbour declared there had been "no progress" on
human rights in Darfur since 2004, and warned the situation
actually had gotten worse. The new Humanitarian Work Law
would severely impede NGO relief work, and the expansion of
the National Intelligence and Security Service (NISS)
presence in the region had done nothing to help IDPs. The
Government is relying on paper initiatives to stop violence
against women, and the African Union is doing little to help.
The solution, Arbour believes, lies not only with an UN
peacekeeping force -- something UNHCHR already is working
towards -- but also on swift action by the International
Criminal Court. End Summary.


2. (C) United Nations High Commissioner for Human Rights
Louise Arbour told senior diplomats that not only had there
been "no progress" in human rights conditions in Darfur, but
conditions were even worse than during her first visit to the
area in 2004. Arbour briefed the diplomatic corps in
Khartoum on May 3, following meetings with the deputy
governors (walis) of South and West Darfur, and meetings in
the capital with senior Government of National Unity (GNU)
officials.

National Security vs. Human Security
--------------


3. (C) Arbour was particularly concerned about the impact of
the new Humanitarian Work Law, which she predicted would
"very severely impede assistance" and relief efforts. The
law's licensing requirements would put a huge bureaucratic
strain on the Ministry of Humanitarian Affairs, thus forcing
local and international NGOs to either shut down or operate
illegally. She was also troubled by the "gross imbalance"
between state security and "human security" in the region,
marked by a large National Intelligence and Security Service
(NISS) presence, but little effort to protect women from
gender-based violence (GBV).


4. (C) She was appalled that the Government had made only
"paper initiatives" to stop violence against women, noting
that there is a "rhetorical disconnect" between the words of
Government officials in Khartoum and the reality in Darfur.
She criticized the Government for failing to allow UN human
rights officers access to prisons, noting that NISS had given
her permission to visit a National Security Detention Center
in Khartoum, only to be stopped at the last minute by the
Ministry of the Interior. She also expressed disbelief that
African Union Mission in Sudan (AMIS) civilian police had not
been more active in protecting IDPs, especially women. "Why
is every AMIS policeman not out on a firewood patrol?" she
asked pointedly.

Time for the International Criminal Court
--------------


5. (C) The situation in Darfur has deteriorated to such an
extent that action by the International Criminal Court was
now vital, she argued. (Note: Arbour previously served as
Chief Prosecutor for the International Criminal Tribunals for
the former Yugoslavia and Rwanda.) "It is important for the
ICC to be seen discharging its mandate, to create a sense
that something is happening," she said -- though she was
unclear whether the ICC should act for its own ends, or to
bring justice to Darfur. "There is a means of
accountability, and it must be shown."

Working with Peackeeping Planners
--------------


6. (C) In response to a question from the Swiss Charge
d'Affaires, Arbour insisted that she had no intention of
giving up, and promised that the UNHCHR would remain active
in Darfur. She also admitted that UNHCHR had started
discussions with the UN Department of Peacekeeping Operations
(PKO) regarding policing and protection needs for a UN
mission in Darfur.
STEINFELD