To Permanent Representatives of Member and Observer States of the United Nations (UN) Human Rights Council (Geneva, Switzerland)
Your Excellencies,
One year on, the armed conflict that broke out in Sudan on 15 April 2023 continues. Since fighting erupted between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) and their affiliated forces, thousands of people have lost their lives and 8.6 million have been displaced. As of 15 April 2024, 18 million people faced acute food insecurity, including 14 million children, and 24.8 million people were in need. Over 70% of hospitals were no longer functional. The UN High Commissioner for Human Rights has warned of a further escalation, including in North Darfur.
Violations of international human rights law and international humanitarian law by all parties to the conflict, including targeting of civilians, sexual violence, and ethnically motivated attacks, have been reported. Some of these violations may amount to crimes under international law. The situation continues to develop rapidly on the ground, with recent escalating violence in and around El-Fasher city, North Darfur, raising the risk of further atrocities.
During the Human Rights Council’s 54th session (11 September-13 October 2023), following a call by civil society and a special session held on 11 May 2023, the Council established an international independent Fact-Finding Mission (FFM) for Sudan. The adoption of HRC resolution 54/2, with the broad mandate it granted the FFM, was welcomed as a milestone for accountability. As impunity is a key driver of cycles of violence in Sudan, facilitating accountability is a sine qua non to fight and deter violations.
Since the Council’s decision to establish the FFM, however, the UN’s liquidity crisis has also worsened. The UN system is facing its highest level of arrears ever, as a record number of states have failed to pay their membership dues in full in the last five years. The crisis has had an impact on the UN Secretariat as a whole, including the Office of the High Commissioner for Human Rights (OHCHR), as well as on treaty bodies, special procedures, and OHCHR servicing to independent mechanisms. The FFM for Sudan has been hit particularly hard given the timing of its establishment. It has faced delays in getting its secretariat staffed and, at the time of writing (seven months after the adoption of resolution 54/2), it remains significantly under-staffed.
While the FFM might be reasonably functional (but will still be under-staffed) by the end of May 2024, is gathering information (including first-hand information from relevant sources and open-source data), and will produce an oral update at the Council’s 56th session (18 June-12 July 2024), the written report it will present to the Council at its 57th session (9 September-9 October 2024) will not, for reasons that are beyond the FFM’s control, be truly comprehensive. As the conflict, associated violations and abuses, and impunity continue, further investigations will be needed, including through field visits, to collect firsthand testimonies and verify additional allegations of violations, some of which may amount to crimes under international law.
In light of these developments, we, the undersigned non-governmental organisations, write to urge your delegation to support a Human Rights Council resolution that would:
Furthermore, we urge the Council to follow up on resolutions S-32/1, 50/1, and S-36/1 by requesting additional reporting by the High Commissioner, with the assistance of his designated Expert, beyond the Council’s 58th session (February-April 2025).
Finally, we urge states to pay their contributions to the UN in full and on time to resolve the liquidity crisis and allow the FFM for Sudan, other independent investigations, and human rights bodies and mechanisms to fulfil their respective mandates, including by delivering outcomes and reports requested by intergovernmental bodies such as the Human Rights Council.
We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information as required.
Sincerely,
Ralph Bunche Institute for International Studies
The Graduate Center, CUNY
365 Fifth Avenue, Suite 5203
New York, NY 10016-4309, USA