Developments in the Sudan

The information below is based on the 2011 report of the Secretary-General to the Security Council (A/65/820-S/2011/250) issued on 23 April 2011. More information is available in the report.

The number of documented cases of child recruitment and use in 2010 decreased compared to 2009; however, the collection of accurate data continued to be seriously hampered by insecurity and fear of reprisals, lack of access to non government controlled areas, and movement restrictions imposed by the Government. In addition, difficulty in recording new splinter groups, unclear lines of command, extremely mobile groups, renewed clashes between Government forces and armed groups, especially in the last quarter of 2010, also contributed to underreporting. Notwithstanding these challenges, 113 children were confirmed to have been recruited by the following armed forces and groups: Armed Movement of Liberals and Reform (splinter group of JEM and SLA/Abdul Wahid), Border Intelligence Forces, Chadian armed opposition groups, community policing forces, police forces, Popular Defence Forces, SLA/Abu Gasim, SLA/Historical Leadership (splinter group of SLA/Abdul Wahid), SLA/Abdul Wahid, Sudanese Armed Forces and unknown armed groups. In addition, credible allegations of recruitment and use of children involving more than 150 children by several armed groups in northern and southern Darfur, including SLA/Minni Minawi, SLA/Abdul Wahid, SLA/Historical Leadership, JEM, Central Reserve Police, Border Intelligence Forces, and Chadian armed opposition groups were received by the United Nations. Verification of these cases is ongoing.

Within the three States of Darfur, allegations of abduction of children have substantially declined with fewer cases documented in 2010. However, there were continuous allegations of cross-border forced recruitment of children by the Chadian opposition armed groups, JEM and unidentified armed men crossing into Chad and Darfur. UNAMID also documented cases of abductions in non-border regions of Darfur, including that of a girl in Northern Darfur and three boys in Southern Darfur.

Ongoing association of children within the ranks of SPLA Division 4 in Duar (Unity State), Division 3 in Wunyik (Northern Bahr el-Ghazal State), Division 5 in Mapel (Western Bahr el-Ghazal State), Division 7 in Upper Nile State, Division 2 in Eastern and Central Equatoria States and Division 8 in Jonglei State were noted in 2010. Further, 42 cases of active child recruitment by SPLA was also confirmed. It has been difficult to determine the exact numbers of children associated with SPLA, given that the children are subject to the constant movement of SPLA troops throughout southern Sudan. Further, in the Transitional Areas, 220 children associated with SPLA in Blue Nile State were verified and registered for demobilization in July, while 8 boys were confirmed to have been recruited by SPLA in Jaw (South Kordofan State) in November. More children are presumed to be present in the ranks of SLA in South Kordofan, although lack of access and restrictions imposed by the local authorities make it difficult to confirm or verify such allegations. Separately, 25 boys were recruited by the Joint Integrated Units (SPLA and Sudanese Armed Forces) in Wau (Western Bahr el-Ghazal State).

Inter-tribal conflicts in Jonglei State and the Equatorias continued to account for the deaths, injuries and abduction of children in 2010; a total of 10 children, including 4 girls, were killed, 2 were injured and 138, including 38 girls, were abducted. During a series of clashes between Murle and Lou-Nuer, the total number of children abducted from both communities reportedly reached as many as 140. In some areas, it was reported that parents took their children into the mountains in an effort to protect them from abduction. Many children remain in the hands of abductors. There has been minimal progress in securing the release of these children, which has been increasingly linked to the outcome of political negotiations between the groups.

In Darfur, six children were killed and one was injured as a result of gunshots, grenades or bombs during the year. The violations were attributed to men in uniform or unidentified assailants. The exact number of child casualties from government aerial attacks, during ground fighting between armed groups or during ethnic clashes, could not be determined owing to restrictions and limited access to affected areas. The increase in the number of deaths (8 cases) and injuries (19 cases) of children as a result of unexploded ordnance in 2010 was also of concern.

There were verified reports of children being physically abused and ill treated in relation to forced civilian disarmament exercises carried out by SPLA in as many as 10 cattle camps in Southern Sudan. The civilian disarmament exercise is part of the policy of the Government of Southern Sudan for creating an enabling environment for peaceful coexistence of the communities in Southern Sudan. In one incident, approximately 250 children, between the ages of 10 and 17, were separated from the adults, intimidated and beaten in attempts to extract information on the location of their community’s arms cache.

In 2010, 22 cases of sexual violence against children attributed to members of the military, police personnel, factions of armed groups and militia men in Darfur were documented. As expressed in my report last year (A/64/742-S/2010/181), in most cases, victims and witnesses provide little information on the identity of the alleged perpetrators and the uniforms alone do not always substantiate the alleged perpetrator’s affiliation. Monitoring and reporting of this violation remains a challenge as victims, their families and communities are often reluctant to report cases owing to fear of retribution or stigmatization. The Government of the Sudan has asserted that the situation has improved and that it has taken measures to address the concerns as part of due process of law. The Government is encouraged to continue its efforts in this regard and ensure that armed groups also take preventive action against sexual violence.

In Southern Sudan, a substantial increase in reported sexual violence and rape cases against girls by SPLA was noted during the year. In two particularly disturbing incidents, 10 girls were raped and sexually assaulted by SPLA soldiers during armed clashes between SPLA and communities in Palal and Tonj (Warrap State) in February; and 23 girls were raped in the Upper Nile State in June and July. Monitoring cases of sexual violence in South Kordofan, Abyei and Blue Nile States remained a challenge as the majority of violations are often not reported to law enforcement or judicial authorities. However, according to the Commissioner of El Buram locality in South Kordofan State, the local communities are complaining increasingly about sexual violence and the harassment of women and young girls by Sudanese Armed Forces soldiers; the United Nations has not been able to verify this information.

The tense security situation and renewed clashes at the end of 2010, attacks against United Nations personnel and assets, and government-imposed restrictions continued to have an impact on the delivery of humanitarian assistance for children. Many areas across Darfur remained difficult or impossible to access for humanitarian actors during 2010. Fighting in early 2010 between armed groups and Government forces in Jebel Marra contributed to the displacement of about 100,000 civilians, including children, and led to the suspension of humanitarian activities in February. Although partial access was granted in August and September 2010 for the delivery of essential health and nutrition items, this did not lead to the full restoration of humanitarian assistance in this area. Activities of the polio campaign and the accelerated immunization campaigns for children, for example, were seriously hampered by the lack of access.

In Southern Sudan, humanitarian actors have had largely unrestricted access throughout the reporting period, with the exception of a few isolated incidents. However, access in Western Equatoria State is reduced owing to the prevailing insecurity related to repeated attacks by LRA. With regard to the Transitional Areas, access to the northern part of former western Kordofan State has been difficult owing to restrictions by the Sudanese Armed Forces and the National Intelligence and Security Services claiming that it is outside the ceasefire zone, and therefore outside of the mandate of UNMIS. These restrictions have hampered monitoring activities of suspected recruitment and use of children in this area.

In September 2010, the Nyala Special Court tried 11 suspects allegedly being affiliated with JEM and accused of attacking a convoy of the Government of the Sudan in Sanyi Afundu, Southern Darfur. Five of the defendants declared their ages to be between 15 and 17. However, the Court recognized the childhood age of only one (age 16), following the opinion of Sudanese medical authorities, and sentenced him to “reform measures for juvenile delinquents” under article 69 of Child Act 2010. The same medical authorities opposed the age declarations of the remaining four and certified their ages to be between 18 and 21. Subsequently, the judge sentenced all four to death by hanging, together with five other adult defendants. The Government of the Sudan has reaffirmed that all necessary legal remedies will be offered to the accused. The United Nations has appealed to the Government of the Sudan to stay the execution of the death sentence, review the cases and take all necessary measures to protect alleged child soldiers from capital punishment in accordance with national and applicable international law. JEM should halt its practice of recruiting and using children and of placing them at risk.

Information on progress made by parties to conflict on dialogue and action plans to halt the recruitment and use of children, patterns of killing and maiming of children or rape and other forms of sexual violence against children in armed conflict

On 14 June 2010, an action plan was submitted by SLA/Free Will to the United Nations. Under this action plan, the armed group committed to, inter alia, the release of all children found within its ranks; fully cooperate with the North Sudan Disarmament, Demobilization and Reintegration Commission; and grant access to the United Nations to monitor its implementation. In a progress report to my Joint Special Representative for the African Union-United Nations Hybrid Operation in Darfur (UNAMID) in August, in follow-up to the action plan, SLA/Free Will informed of the dissemination of a command order to all members of the armed group, and participation of its field commanders in child protection training.

A similar action plan was submitted by SLA/Mother Wing (Abu Gasim) to the United Nations on 15 August 2010. Preceding the signing of the action plan, the armed group issued a command order on 9 April prohibiting its fighters from recruiting and using child soldiers, and designated two senior commanders as focal points to prepare and implement the action plan.

A memorandum of understanding was signed between the Justice and Equality Movement (JEM) and the United Nations on 21 July 2010, as a first step towards the signing of an action plan. This memorandum of understanding aimed at establishing an understanding of the basic principles of child rights enshrined in national and international laws, and outlining conditions for unhindered access to verify compliance with such laws, particularly that no child under the age of 18 is recruited or associated with JEM. The dispersal of JEM to remote areas of Darfur or neighbouring countries as a result of renewed clashes with Government forces, however, have contributed to delays in implementation of this memorandum of understanding.

On 22 December 2010, JEM/Peace Wing submitted a draft action plan to the United Nations, to be implemented in Geneina and Zalengi (Western Darfur).

On 23 December 2010, UNAMID and the United Nations Children’s Fund (UNICEF) visited Gur Lumbung (Golum Bay) in Jebel Marra (Southern Darfur), a stronghold of SLA/Abdul Wahid, to discuss the recruitment and use of child soldiers. The armed group confirmed that while they do not actively recruit children, children may be associated with them. SLA/Abdul Wahid commanders pledged full commitment to continue dialogue with the United Nations and agreed to consider the establishment of an action plan.

There are ongoing discussions between the United Nations and the Sudanese Armed Forces on an action plan to end the association of children with the Sudanese Armed Forces. This action plan will also apply to its proxy groups. It is acknowledged that the Sudanese Armed Forces does not have a policy to recruit children. The Sudanese Armed Forces agreed to work towards an action plan in a meeting with the United Nations held on 21 October 2010, at the Ministry of Defence.

Finally, in Southern Sudan, the action plan that was signed between the United Nations and SPLA on 20 November 2009 lapsed in November 2010. A progress report on the implementation of the action plan was submitted by the technical committee comprising of the United Nations Mission in the Sudan (UNMIS), UNICEF and the South Sudan Disarmament Demobilization and Reintegration Commission to SPLA leadership for approval, including a request for a six-month extension in order to complete the identification and removal of all children remaining within the ranks of the group. In 2010, despite several challenges, considerable progress was made by SPLA in action plan implementation, with support of the South Sudan Disarmament Demobilization and Reintegration Commission and the United Nations. A child protection unit was established at SPLA general headquarters in Juba and in all SPLA divisions across all 10 States of Southern Sudan. SPLA officers were trained on child rights and child protection, and similar trainings targeting SPLA soldiers were rolled out throughout the region in December.

Information on progress made in the release of children from armed forces and armed groups

The establishment of the North Sudan Disarmament, Demobilization and Reintegration Commission by the Government of National Unity has greatly assisted efforts in the release of children from armed groups. From February 2009 to March 2010, the Commission, with the support of the United Nations, facilitated and organized the release of 957 children by SLA/Free Will, SLA/Mother Wing (Abu Gasim), SLA/Peace Wing, JEM/Peace Wing and the Popular Forces for Rights and Democracy (173 children in Northern Darfur, 534 in Southern Darfur, 250 in Western Darfur). In January 2011, SLA/Free Will and SLA/Mother Wing (Abu Gasim) jointly released 84 children (44 from SLA/Free Will and 40 from SLA/Mother Wing (Abu Gasim)) in Northern Darfur to the Commission as part of the implementation of their action plans.

Further, UNICEF and the North Sudan Disarmament, Demobilization and Reintegration Commission officially registered 526 children formerly associated with armed groups in the three States of Darfur, including 53 girls. In addition, 149 children were registered in the Three Areas.

A total of 210 children associated with SPLA were released in 2010, of which 42 were confirmed by the United Nations as children listed on the payroll, trained and armed. In the majority of cases, children were used as porters, messengers, cooks and guards by SPLA officers. In Unity State, 89 children were released from SPLA Division 4 in April (from Pakur and Buoth barracks in Duar); 50 children from Division 5 (Mapel) in July; and 26 children (from Wunyik) in November. In Divisions 7 and 8 (in Panpandiar and Yomding), as well as in New Kush and the SPLA general headquarters, a total of 45 boys were released. Separately, in Blue Nile State, SPLA released 140 children of the 220 children registered. Efforts are under way to release the remaining 80 children in early 2011.

Parties in the Sudan

Parties in southern Sudan

  1. Lord’s Resistance Army (LRA) *, †, ‡
  2. Sudan People’s Liberation Army (SPLA) *

Parties in Darfur *

  1. Chadian armed opposition groups *
  2. Police forces, including the Central Reserve Police and Border Intelligence Forces *
  3. Popular Defence Forcesa *
  4. Pro-Government militiasa *
  5. Sudanese Armed Forces *
  6. Parties signatories to the Darfur Peace Agreement:
    1. Justice and Equality Movement (Peace Wing) *
    2. Movement of Popular Force for Rights and Democracy *
    3. Sudan Liberation Army (SLA)/Mother Wing (Abu Gasim) *
    4. Sudan Liberation Army (SLA)/Free Will *
    5. Sudan Liberation Army (SLA)/Minni Minawi *
    6. Sudan Liberation Army (SLA)/Peace Wing *
  7. Parties not signatories to the Darfur Peace Agreement:
    1. Justice and Equality Movement (JEM) *
    2. Sudan Liberation Army (SLA)/Abdul Wahid *
    3. Sudan Liberation Army (SLA)/Historical Leadership *
    4. Sudan Liberation Army (SLA)/Unity *
* Parties that recruit and use children.
† Parties that kill and maim children.
‡ Parties that commit rape and other forms of sexual violence against children.