---------- Forwarded message ----------
From: Eric Reeves <[email protected]>
Date: Fri, 19 Aug 2011 11:40:27 -0400
Subject: "A Looming and Revealing Spectacle of UN Impotence," Dissent
Magazine (on-line), August 19, 2011
To: [email protected]

"A Looming and Revealing Spectacleof UN Impotence"
Dissent Magazine (on-line), August 19, 2011
http://dissentmagazine.org/atw.php?id=536

   by Eric Reeves

Thisweek the UN High Commission for Human Rights (UNHCHR) demanded a
thorough UNinvestigation of events in South Kordofan, Sudan over the
past two months.During this period the Khartoum regime has engaged in
widespread ethnictargeting of Nuba civilians, using roadblocks and
house-to-house searches tomake arrests and engage in widespread
extrajudicial executions. Aerial attackson civilians have been reported
repeatedly since early June, and the attackscontinue to this day.

Butdespite the authority of an earlyJuly UN human report detailing many
of these egregious human rights violations---whichonce leaked compelled
the calls for investigation---and the accounts ofindependent journalists
reporting from bombing sites in the Nuba Mountains aswell as hundreds of
Nuba people who have fled their homes, it is highlyunlikely that China
and Russia will permit a UN Security Council resolutionauthorizing the
investigation to move forward. Just last Friday the UnitedStates failed
to get even a much weaker, nonbinding "presidentialstatement" from the
UNSC, which condemned deliberate aerial attacks oncivilians and
humanitarians in South Kordofan. Both China and Russia madeclear that
they would not support any mention of bombing.  The UNSC ismaking clear
its inability to respond to even the most authoritative reports
ofatrocity crimes.

Thisgives an air of absurdity to the UNHCHR'scall for an "independent,
thorough and objective inquiry with the aimof holding perpetrators to
account." Even if the UNSC gets around tocondemning violence in South
Kordofan (and any adopted language would hardly bemore specific than
this), it (specifically China and perhaps Russia) will neverauthorize an
investigation without Khartoum's permission, which the regimethere will
never grant. It has already prematurely expelled UN peacekeepers
andofficials from the region and is now excluding humanitarian
relieforganizations, journalists, and human rights investigators. The
regime will notrepeat the "mistakes" that allowed Darfur to become a
genocidereported in real time.

TheUnited States seems unprepared for this looming and apparently
inevitable momentof political truth at the UNSC. There is no meaningful
compromise position, asthere appeared to be when Khartoum objected to
the peacekeeping forceauthorized for Darfur in August 2006 (UNSC
Resolution 1706). The UN/AfricanUnion Mission in Darfur that was
eventually accepted by Khartoum---andauthorized in August 2007, by UNSC
Resolution 1769---has proved a disastrousfailure in fulfilling its
mission of civilian protection, but it at least hasthe appearance of
responding to genocidal violence. There will be no equivalentin South
Kordofan---no peacekeeping force, no major humanitarian response ofthe
sort that began in Darfur during the summer 2004, and no human
rightsinvestigation. The preposterous nature of the arrangement that
confers UNSC veto-poweron each of the five major powers that emerged
victorious in the Second WorldWar will be inescapably evident.

Insome ways, this moment of moral and political clarity is an accident:
it comesbecause someone deeply frustrated with UN inaction leaked the
extraordinary UNhuman rights report covering events in South Kordofan
through the end of June.Navi Pillay, the High Commissioner for Human
Rights, has tried to minimize thefindings of the report in various ways,
but the contents of the original report(not just the redacted version
released publicly this week) reveal theoverwhelming cruelty and
destructiveness of Khartoum's Sudan Armed Forces andits Arab militia
allies. (Pillay has also dismissed the reports of Nubacivilians and
journalists, includingthe New York Times' Jeffrey Gettleman,and
photographic evidencefrom the Satellite Sentinel Project (SSP) that
reveals whatcan only be mass grave sites in and around K
adugli, capital
of SouthKordofansome of what UNinvestigators had reported.

Thiswasn't the first time Pillay had downplayed reports by UN
investigators duringthis crisis: she and the UN Secretariat were
responsible forrevising a UN report finding that actions "tantamount to
ethniccleansing" occurred during Khartoum's late May invasion of Abyei.
Inthe final version of the report, that language had been transformed:
"TheSudan Armed Forces attack and occupation of Abyei and the
resultantdisplacement of over 30,000 Ngok Dinkas from Abyei could lead
to ethniccleansing...." Even at the time it was clear that far more than
30,000Ngok Dinka had been displaced; the figure used by humanitarian
organizationsworking south of Abyei is now 120,000, virtually the entire
Ngok population ofAbyei.

Secretary-GeneralBan Ki-moon was even more abject in accommodating
Khartoum’s sensibilities,saying that it was "far too early to claim that
ethnic cleansing is takingplace." The evidence gathered meant nothing to
Ban. He went as far as toclaim that "Khartoum pledged to pave the way
for thousands of residents toultimately return to their homes." Of
course, no Ngok Dinka have returned,nor will they in any foreseeable
future. The very slow deployment of an armoredbrigade of Ethiopian
peacekeepers (the thirdUN-authorized peacekeeping force in Sudan) has no
human rights mandate and isunable to secure an area as large as Abyei
for returning Ngok civilians, whowill be acutely vulnerable to Arab
militia attacks.

Fortunately,among the generally cowardly UN officials, the deputy high
commissioner forHuman Rights, Kyung-wha Kang, has been impressively
outspoken, including duringa recent trip to Darfur. Of South Kordofan
she is reported to have said that"despite the difficult conditions and
restrictions on access to areasaffected by the clashes in South
Kordofan, information availed reveals seriousviolations of human
rights." She has also used the phrase "crimesagainst humanity," of
considerable significance as a term of art ininternational law. Her push
for a human rights investigation may be much morevigorous than Pillay's,
but it will encounter the same obstacles: an obdurateKhartoum and a
fully supportive, veto-wielding China.

Khartoum'sfirst response to an officialcall for an investigation was
predictable: "The Sudanese ForeignMinistry rejected on Tuesday [August
15] the UN report on violation of humanrights in the state of South
Kordofan. Mona Rishmawi, the head of Sudan's Ruleof Law, rejected the UN
report as baseless and malicious." Khartoum'ssecond response was to
initiate an "investigation" of its own, headedby an Orwellian-sounding
ad hoc office:

"Mohamed BusharaDaus, Sudan's Minister of Justice, formed a committee on
Monday to assess thehuman rights situation and international
humanitarian law in the state of SouthKordofan. The minister was
assigned the chairmanship of the committee on thedecision of advisory
council of the Office of Democratic Institutions and HumanRights
(ODIHR)."

If UN demands are doomedto irrelevance, what of U.S. officials and human
rights organizations? Willthey demand a non-consensual deployment,
which, given China's stance, wouldnecessarily be without UN authority?
Or calls for sanctions of the sort thatwere supposed to have
confrontedKhartoum whenever it violated UNSC Resolution 1591 (March
2005), banning allmilitary flights over Darfur?

In fact, there have beenhundreds of such attacks, mainly againstcivilian
targets in Darfur, over the past six and a half years. But Beijing
hasbeen hostile toward the UN Panel of Experts on Darfur, created by the
sameResolution 1591 to monitor aerial military flights and uphold a ban
on armsflowing into Darfur. This might be because the panel, which is to
makerecommendations to the UNSC "sanctions committee for Darfur,"
foundthat large quantities of Chinese weapons and
ammunition---manufactured afterMarch 2005---have moved into the region,
in violation of the embargo. Therehave thus been no UN-authorized

sanctions against Khartoum, The victims of massatrocities of South
Kordofan, like those in Darfur,
are now also subject to thebroken political instrument that is the UNSC.
China continues to ignore the"responsibility to protect" civilians
endangered by their owngovernment, even though its delegation was part
of the unanimous vote for thelanguage of the "Outcome Document" of the
September 2005 UN World Summit, where all member statesdeclared that
they were

"...prepared to take collective action, in a timely and decisive
manner,through the Security Council, in accordance with the UN Charter,
includingChapter VII, on a case by case basis and in cooperation with
relevant regionalorganizations as appropriate, should peaceful means be
inadequate and nationalauthorities manifestly failing to protect their
populations from genocide, warcrimes, ethnic cleansing, and crimes
against humanity and its implications,bearing in mind the principles of
the Charter and international law."

Thislanguage was ratified unanimously in UNSC Resolution 1674 (April
2006). But wehave long known the Chinese are shameless hypocrites, happy
to vote only forresolutions that are meaninglessly hortatory.

Thereal issue here is what the world will do when China vetoes or
forestallsinvestigation of atrocity crimes in South Kordofan. Guided by
an absurdlyself-serving principle of "non-interference" in the internal
affairsof other nations, China has no compunction about such action. And
because thereis no fig-leaf "compromise" possible here---there either is
or is notan independent and unfettered human rights investigation in
SouthKordofan---this could bring a rare moment of real moral and
political clarityin world affairs. What will democratic governments do
in this moment? Thequestion, sadly, forces a number of unhappy answers.

[EricReeves has published extensively on Sudan, nationally and
internationally, formore than a decade. He is author of ALong Day's
Dying: Critical Moments in the Darfur Genocide.]


_____________________________
Eric Reeves
Smith College
Northampton, MA  01063

[email protected]
413-585-3326
Skype: ReevesSudan
www.sudanreeves.org

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