Human Rights Watch statement to the African Commission on Human and Peoples’ Rights 81st Ordinary Session

Honorable Chairperson of the African Commission on Human and Peoples’ Rights, Honorable Members of the Commission, State Party representatives, national human rights institutions, civil society organizations, Human Rights Watch is pleased to address the African Commission at its 81st ordinary session.

We express our deep concern at the severe impact of the ongoing armed conflict and widespread atrocities and grave violations against civilians in Sudan, and the dire humanitarian situation caused by the warring parties’ disregard for the laws of war and deliberate obstruction of life-saving humanitarian aid. These crimes and violations are happening in a context of total impunity.

At the 79th Ordinary session of the Commission in May, Human Rights Watch raised with this Commission, the grave violations perpetrated by the Rapid Support Forces (RSF) and allied militias predominantly against ethnic Massalit and other non-Arab groups in the context of a campaign of ethnic cleansing in El Geneina, West Darfur. These violations amount to war crimes and crimes against humanity.

In July, Human Rights Watch reported on widespread conflict-related sexual violence against women and girls in Khartoum, Bahri, and Omdurman by the RSF. Girls have been seized from their homes or on the streets and raped, detained or confined in facilities that RSF forces occupy. The RSF has also forced women and girls into marriage. Both the warring parties have obstructed aid and repeatedly attacked healthcare facilities and local responders, including medical staff, these actions are hampering survivors’ access to care, including emergency contraception, post-exposure prophylaxis, abortion, and psychosocial support. Human Rights Watch also documented indiscriminate and deliberate attacks against civilians and civilian property by the warring parties in El Fasher, capital of North Darfur.

We acknowledge the effort of the Commission in solidarity with the people of Sudan which was demonstrated most recently by the resolution in the last session to undertake a joint fact-finding mission with the AU Peace and Security Council into the situation of human rights in Sudan. We urge the fact-finding mission on Sudan to pursue the assurance, from by warring parties, of access to humanitarian assistance and essential services for civilians; and to find ways of working with the United Nations Independent International Fact-Finding Mission (FFM) for the Sudan. We urge the Commission to work with other AU institutions and offices, including the Special Envoy on the Prevention of Genocide and Other Mass Atrocities, to take administrative and other appropriate measures to create a civilian protection plan that responds to the needs and rights of the Sudanese people. We also continue to urge the Commission to issue an urgent appeal to all parties involved in the conflict in Sudan that condemns war crimes and other human rights abuses against Sudanese people affected by this conflict; and to comply with international humanitarian law and protections embedded in all African and international human rights law.

On Thursday October 3, the United Kingdom and Mauritius announced a political agreement on the future of the Chagos Archipelago in the Indian Ocean, subject to a future treaty. They said the islands would return to the sovereignty of Mauritius, but the UK will exercise the sovereign rights and authorities of Mauritius with respect to Diego Garcia (where there is a US-UK military base) for another 99 years. 

All of the Chagossians, the Indigenous people of the islands, were forcibly displaced by the UK, with apparent US support, over 50 years ago to make way for the Diego Garcia military base, a displacement based on lies and racism, that is an ongoing colonial crime against humanity. The Chagossians largely live in Mauritius, the UK and Seychelles and were not meaningfully consulted during the UK- Mauritius negotiations.  The agreement says that Mauritius will be ‘free’ to implement a program of resettlement on the islands, apart from Diego Garcia, and the UK will capitalize a trust fund and other support for the ‘benefit’ of the Chagossians. It does not give any indication that Chagossians will be consulted, or that the treaty will acknowledge the harm caused to Chagossians by their forced eviction, their right to return, including to Diego Garcia, and to other reparations, including restitution of the islands so they can return to live there in dignity.

We urge the African Commission through its Working Group on Indigenous Populations, Communities and Minorities in Africa to recognize the Chagossians as an Indigenous people, recognize the forced displacement and racial persecution of the Chagossian people as a crime against humanity, and to call for the provisions of the African Charter on Human and Peoples’ Rights to be implemented in all of the Chagos Archipelago including Diego Garcia. Second, through an urgent open letter of appeal, remind the Government of Mauritius that they will be inheriting liability for the crimes committed against the Chagossians if they agree to a treaty that excludes the right of return of the Chagossians to Diego Garcia, and urges the Mauritian Government to ensure that Chagossians are meaningfully consulted and involved in any reparations, including compensation, that the UK provides for the Chagossians via Mauritius.

In Burkina Faso, there has been an alarming escalation of violence against civilians by Islamist armed groups, including the Group for the Support of Islam and Muslims (JNIM) and the Islamic State in the Greater Sahara (ISGS). The security situation remains dire as Islamist armed groups control large swathes of Burkina Faso’s territory, subjecting civilians to attacks, including summary executions and retaliatory killings.

The Burkinabe security forces have responded to the armed Islamist insurgency with a heavy hand against the local population. They have committed serious human rights violations, some of which amount to crimes against humanity, against civilians during counter terrorism operations across the country.  The African Commission on Human and Peoples’ Rights (ACHPR) should urgently address these conflict related abuses, press the Burkinabé authorities to investigate and hold accountable those responsible for these crimes, and push for improved protection of civilians. The failure to address impunity by these armed groups and government security forces only encourages the cycle of violence, leaving civilians increasingly vulnerable. We urge the ACHPR to prioritize this issue, to encourage stronger protections of civilians mechanisms, and to support independent investigations into these abuses by all sides.

Distributed by APO Group on behalf of Human Rights Watch (HRW).