VZCZCXRO2635
PP RUEHGI RUEHMA RUEHROV
DE RUEHKH #0572/01 1021245
ZNR UUUUU ZZH
P 121245Z APR 07
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 6817
INFO RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHRN/USMISSION UN ROME

UNCLAS SECTION 01 OF 03 KHARTOUM 000572 
 
SIPDIS 
 
AIDAC 
SIPDIS 
 
STATE FOR AF/SPG, PRM, AND ALSO PASS USAID/W 
USAID FOR DCHA SUDAN TEAM, AFR/SP 
NAIROBI FOR SFO 
NSC FOR PMARCHAM, MMAGAN, AND TSHORTLEY 
ADDIS ABABA FOR USAU 
USUN FOR TMALY 
BRUSSELS FOR PLERNER 
 
E.O. 12958: N/A 
TAGS: EAID PREF PGOV PHUM SOCI AU SU
SUBJECT: DARFUR - UNDP RULE OF LAW OVERVIEW 
 
REFS:  A) KHARTOUM 2367 B) KHARTOUM 2165 
 
C) KHARTOUM 1912 D) KHARTOUM 0308 E) KHARTOUM 0272 
 
KHARTOUM 00000572  001.2 OF 003 
 
 
------- 
Summary 
------- 
 
¶1.  (U) The USAID-supported UN Development Program's (UNDP) Darfur 
Rule of Law Program, launched in September 2004, targets the 
region's absence of rule of law practices and institutions.  The 
program has made a significant contribution to raising awareness of 
human rights and rule of law procedures with authorities, non-state 
actors, civilians, conflict-affected populations, the African Union 
Mission in Sudan (AMIS), and the humanitarian community, including 
the training of 25,000 people in Darfur on basic human rights and 
the establishment of seven legal aid centers throughout the region. 
UNDP Rule of Law Program efforts support the empowerment of local 
stakeholders to prevent and bring an end to violations of 
international standards, the restoration of confidence in informal 
and formal rule of law institutions, and the gradual establishment 
of a culture of justice.  Since September 2005, the UNDP Legal Aid 
Network, in collaboration with the UN Mission in Sudan (UNMIS) Human 
Rights and USAID-supported lawyers, has taken on over 400 cases on 
behalf of victims of violence and injustice in Darfur, including 
rape.  End Summary. 
 
-------------------------------------------- 
Rule of Law and Legal Aid Program Components 
-------------------------------------------- 
 
¶2.  (U) At the end of 2006, UNDP and its partners had trained over 
25,000 people in Darfur on basic human rights, including members of 
the Sudanese government, Sudanese Armed Forces (SAF), Popular 
Defense Forces (PDF), non-state armed groups, local militias, 
communities in proximity to armed conflict, and conflict-affected 
civilians.  To build capacity, UNDP also provided continuous 
mentoring and monitoring of local groups.  UNDP established legal 
aid centers, formerly called justice and confidence centers (JCCs), 
which train paralegals in collaboration with the International 
Rescue Committee (IRC) and local members of the Darfur Legal Aid 
Network.  There are currently seven legal aid centers in Nyala and 
Kass, South Darfur, Zalingei and El Geneina, West Darfur, and El 
Fasher and Kutum, North Darfur, staffed by 25 paralegals each.  The 
paralegals liaise with local and international actors on 
protection-related concerns, provide representation and mediation 
services, as well as basic legal information to the community. 
 
¶3.  (U) In 2006, USAID provided support for five of these centers 
through small, in-kind grants.  USAID also supported the Darfur 
Legal Aid Network and key actors in the network, including the 
Goodwill Organization and the Amel Center.  In addition, USAID 
funded two Human Rights and Legal Aid Lawyers Colloquiums held in 
Darfur in 2006. (Refs D and E)  Legal aid centers are stronger in 
some locations than others, and require continual monitoring and 
training by UNDP.  These centers have provoked harassment from local 
authorities, requiring UNDP and UNMIS Human Rights to maintain close 
relationships with legal aid center paralegals to monitor incidents 
of arrest and harassment of local lawyers working on human rights 
cases.  Informed and aware of these incidents, the UN can advocate 
on behalf of legal staff with authorities, visit them during 
detention, and advocate for their release.  In some locations, 
partnering with the UN can also deter harassment. 
 
¶4.  (U) UNDP also serves as the coordinating agency for the ongoing 
joint UNDP, Office of the UN High Commissioner for Human Rights 
(OHCHR), UN Population Fund (UNFPA), and the UN Children's Fund 
(UNICEF) program to strengthen AMIS capacity to protect civilians 
through training on civilian protection, human rights, and child 
rights in Darfur.  UNDP and AMIS personnel report the need for 
improved program management.  Due to AMIS staff turnover, many 
personnel have not received the training, while others received it 
within days of their final departure.  (Note: In 2006, the Japanese 
government fully funded this program and has reportedly indicated 
their willingness to continue supporting the program in 2007.  End 
Note.) 
 
¶5.  (U) The start of the program was initially delayed and it is not 
as comprehensive as originally envisioned.  Humanitarian actors 
report that AMIS civilian police (AMIS/CIVPOL) do not effectively 
use established field protection guidelines for assisting victims of 
sexual violence, called referral pathways, to preserve dignity, 
human rights, and confidentiality rights.  In addition, AMIS 
personnel require training in conducting community meetings with 
 
KHARTOUM 00000572  002.2 OF 003 
 
 
civilians, and organizing work plans to effectively implement 
AMIS/CIVPOL women's desks, as well as detailed explanations of the 
Sudan justice system and law enforcement personnel structure. 
Humanitarian actors also identified the lack of institutionalization 
of best practices throughout all eight AMIS Darfur sectors as a 
significant gap.  Some sectors currently have effective working 
relationships with internally displaced person (IDP) communities and 
others have no relationship, or worse, have been rejected by the IDP 
community.  (Comment:  The program should coincide with the arrival 
and field post deployment of AMIS personnel to improve its impact. 
End Comment.) 
 
¶6.  (U) UNDP also plans to start Early Recovery Programming (ERP) in 
Darfur.  The capacity building needs in Darfur are immense and 
strengthening capacity is critical to a sustainable peace.  Programs 
could include temporary employment schemes, public works sector 
support, income generation, in addition to more typical UNDP 
interventions.    Even though the UN has dedicated USD 1 million in 
'seed money' for the ERP initiative in Darfur, UNDP/Khartoum is 
having difficulty implementing the program due to limited staffing 
resources.  In Darfur, UNDP rule of law programs welcome the new 
initiative because of its projected impact on alleviating some of 
the pressure and focus of local authorities on UNDP's rule of law 
program, in particular on sexual and gender-based violence programs 
which are primarily funded by USAID.  (Comment:  USAID should 
encourage the ERP but ensure that the program does not become a 
management burden on UNDP rule of law staff.  End Comment.) 
 
--------------------------------------------- -------- 
Obstacles and Challenges to Improving the Rule of Law 
--------------------------------------------- -------- 
 
¶7.  (U) UNDP efforts to strengthen the rule of law face a wide range 
of obstacles in Darfur.  First, the population mistrusts the 
institutions tasked to protect them, including local law enforcement 
officials and court systems.  Harassment and violence against 
civilians and humanitarian actors are prevalent.  In addition, the 
justice system suffers from the limited capacity of legal 
professionals, overly complex bureaucratic procedures, high costs, 
and pervasive corruption.  Civilians in need of access to the 
justice system confront widespread illiteracy, geographic distance 
from courts and lawyers, and ignorance of the justice system. 
Supporting literacy campaigns, mobile legal aid clinics, and 
comprehensive judicial reform is needed to overcome these obstacles, 
as well as in-depth training on human rights, and victim-centered 
philosophies of rule of law and law enforcement.  USAID has 
supported small pilot literacy programs for women in Mukjar, West 
Darfur, intended to contribute to the prevention of violence against 
women through their empowerment.  Other international 
non-governmental organizations (INGOs), such as CHF International, 
support similar programs primarily targeting women.  However, 
current efforts are insufficient to address the extensive literacy 
needs in Darfur. 
 
------------------------- 
Success Despite Obstacles 
------------------------- 
 
¶8.  (U) Despite ongoing conflict and Sudanese government 
obstruction, the UNDP Legal Aid Network, in collaboration with UNMIS 
Human Rights, and USAID-supported lawyers (Refs D and E) have taken 
on over 400 cases since September 2005 on behalf of victims of 
violence and injustice in Darfur.  UNDP reported nine rape 
conviction cases in Darfur during 2006, a significant achievement in 
light of the prevailing climate and current obstacles to justice. 
(Refs A, B, and C) 
 
¶9.  (U) Below are examples of cases represented by UNDP legal aid 
networks with USAID support in 2006. 
 
a)  RAPE - April 2006, Sirba IDP Camp, West Darfur: 29-year old 
women was raped by soldier.  Permission was granted to try the 
soldier in the El Fasher general court.  On July 27, 2006, the court 
found the soldier guilty on all charges of rape and abuse of power. 
Sentence: 100 lashes and two years imprisonment. 
 
b)  CHILD RAPE - June 2006, Mornei IDP camp, West Darfur: 8-year old 
girl was raped by armed man.  The El Geneina Court found the man 
guilty on all charges.  Sentence: 100 lashes and two years 
imprisonment. 
 
c)  MURDER CHARGE - March 2006, Kreinek IDP camp, West Darfur: 
32-year old woman was accused of murdering a member of the SAF.  The 
 
KHARTOUM 00000572  003.2 OF 003 
 
 
man accidentally shot himself in the accused woman's home.  The El 
Geneina Court found her not guilty. 
 
d)  ADULTRY AND ATTEMPTED MURDER CHARGE - Spring 2006, Abu Shouk IDP 
camp, North Darfur:  Abandoned baby was found in latrine.  Baby 
survived and mother was charged by local police with unlawful sexual 
intercourse and attempted murder.  The woman informed the police 
that she was raped by an unknown soldier and hid this due to shame 
and fear.  The court in El Fasher eventually dropped the charges. 
 
e)  CHILD RAPE - August 2006, Al-Malaga Market, Nyala town, South 
Darfur: 15-year old boy was robbed and raped by two police officers. 
 One of the accused was convicted of rape and the other of robbery. 
Sentence:  80 lashes and eight years imprisonment for rape and six 
additional months for robbery. 
 
f)  CHILD RAPE - November 2006, location withheld: man was charged 
with raping a 14-year boy.  The accused was found guilty and 
sentenced to 100 lashes and ten years imprisonment. 
 
HUME