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Ministry Statements and Speeches 2008

HRC9: Item 4: Interactive Dialogue with the Special Rapporteur on the human rights situation in Sudan

Statement by NZ, 15 September 2008

New Zealand wishes to join with others in thanking the Special Rapporteur for her report. We note with deep concern many of the findings, particularly her assessment concerning the apparent impunity of those who commit human rights abuses, in particular in Darfur, and the consequences this has for the victims, wider society and justice in Sudan.

The widespread absence of justice and accountability for violations and the impunity this promotes is one of the major obstacles to improving the human rights situation in Darfur. New Zealand welcomes the increased number of police deployed to Darfur, particularly the inclusion of women officers which is vital for efforts to address sexual and gender based violence. However, the prevalence and negative effects of impunity for sexual and gender-based violence is a primary example of this absence of justice. The response by the Government of Sudan has been inadequate and limited. It has not credibly or substantially addressed this issue. It is clear, from the Special Rapporteur’s report that UNAMID and UNMIS need to do more to protect civilians, including active determent against individuals or groups who are targeting civilians.

Although circumstances in Southern Sudan are more positive than in Darfur, there is still a culture of ongoing impunity in terms of human rights abuses and discriminatory practices against women. The ongoing interference by civil and military officials is one of the most problematic symptoms of the transition to civilian law enforcement and justice in Southern Sudan, while the killing of civilians in Easter Sudan, and the use of child soldiers, arbitrary arrest and detention, and the restriction of freedom of expression in the North, reflects that the lack of justice and accountability are issues which effect the entire country.

New Zealand fully supports the recommendations made by the Special Rapporteur. We wish to underline the critical need for the full deployment of UNAMID in Darfur which is vital to the security of the people of Darfur and also for stability and peace in the rest of Sudan. Civilians continue to be targeted by militia groups (both government backed and rebel forces), as well as attacks by Sudanese Armed Forces, in complete violation of international law. These actions undermine the peace process and the ability of UNAMID to fulfil its mandate to protect civilians in the region.

We call on the Government of National Unity to co-operate fully with the United Nations and African Union to facilitate the deployment of UNAMID and remove all obstacles which stand in the way of it fulfilling its mandate, and for all warring parties to heed their obligations to the civilians in Darfur under humanitarian and human rights law. We strongly urge the Sudanese Government to comply with its legal obligations and to address the culture of impunity that is highlighted in the Special Rapporteur’s report.

New Zealand would be interested in the views of the Special Rapporteur regarding what she considers to be the best way to address the culture of impunity identified in her report.

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