Sudan Consortium National Human Rights Monitors Organisation African and International Civil Society Action

Impact of the conflict in Sudan’s Southern Kordofan on children1 INTRODUCTION In many conflicts around the world children are not safe. As the former UN Secretary-General's Expert on the Impact of Armed Conflict on Children noted “[n]ot only are large numbers of children killed and injured…but countless others grow up deprived of their material and emotional needs, including the structures that give meaning to social and cultural life. The entire fabric of their societies – their homes, schools, health systems and religious institutions – is torn to pieces.”2 The ongoing conflicts in Sudan’s Southern Kordofan, Blue Nile and Darfur states are no exception. It is often the case that children are over represented as victims in an armed conflict. They are especially vulnerable due to the fact they are not able to fully understand what is happening and are – as a result – less able to protect themselves. In some cases the children are displaced and separated from those responsible for them or are orphans, further increasing their vulnerability.3 In addition to civilians becoming the direct targets of bombings and other attacks, conflict often has an impact on food availability and on the quality of and access to sustainable medical care. Children are particularly vulnerable to malnutrition and the lack of consistent medical care, for example immunisation, has an exponential impact. Further, children’s long term potential is damaged by interruptions to their education, forced recruitment, sexual and gender based violence and the psychological trauma associated with war. 4 There are numerous human rights treaties and agreements that are meant to provide protection for children in general and particularly during conflict, including the UN Convention on the Rights of the Child (UNCRC), that Sudan ratified in 19905, which requires state parties to ensure measures are taken to protect and care for children during conflict (Article 38).6

1 This briefing is based on information compiled by the Sudan Consortium and the National Human Rights Monitors Organisation (NHRMO) as well as information publicly available from other sources. 2 UNICEF, “Patterns in conflict: Civilians are now the target,” available at http://www.unicef.org/graca/patterns.htm (accessed 7 October 2016). 3 Humanium, “Child Victims of Armed Conflicts,” http://www.humanium.org/en/children-in-war/ (accessed 18 October 2016). 4 The Report of the Secretary General earlier this year documented cases of recruitment of children (including two from refugee settlements in South Sudan) and sexual violence in the Two Areas. Report of the Secretary General “Promotion and protection of the rights of children,” 20 April 2016, paragraphs 133 and 135, available at http://www.un.org/ga/search/view_doc.asp?symbol=s/2016/360&referer=/english/&Lang=E (accessed 7 October 2016). 5 Sudan has also signed (but not ratified) the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts (on May 2002). See http://hrlibrary.umn.edu/research/ratification-sudan.html (accessed 20 October 2016). 6 Convention of the Rights of the Child, entered into force 2 September 1990, available at http://www.ohchr.org/en/professionalinterest/pages/crc.aspx (accessed 7 October 2016).

Since 2011, the conflict in Sudan’s Southern Kordofan between the government of Sudan and Sudan People’s Liberation Movement-North (SPLM-N) has resulted in the killing, injury and displacement of thousands of civilians, including children.7 The direct impact of the war on the civilian population has been exacerbated by the government preventing those in need from accessing humanitarian assistance. Although both parties to the conflict have been responsible for human rights violations, this report is primarily based on data collected by the Sudan Consortium and National Human Rights Monitors Organisation (NHRMO)8 who are only able to gather evidence from the SPLM-N controlled areas. It is complemented by data collected from trusted external sources. This evidence shows that the government of Sudan is responsible for the vast majority of human rights violations, for the most part through its indiscriminate and deliberate aerial bombardments. For example, NHRMO’s data from 2015 records a rate of almost one unprovoked attack every day against civilians by the government, although the true number is likely to be much higher.9 Not only has the government of Sudan failed to protect children, it has continued to attack them and their communities, including health and education facilities. Despite having just endorsed the Safe Schools Declaration, a state sponsored declaration which provides for the protection and continuation of education during conflict, the government of Sudan has continued to target educational facilities. 10 This failure to protect civilian objects, including schools, may constitute war crimes. The Responsibility to Protect (R2P) “lies first and foremost with the State, but the international community has a role that cannot be blocked by the invocation of sovereignty.”11 This briefing is an appeal to both the government of Sudan and the international community to put a stop to the ongoing conflict and address the needs of the vulnerable children. It presents examples of the ways children have been hurt, killed or are suffering as a result of the ongoing conflict in Southern Kordofan.

------------------------------------- THE IMPACT ON CHILDREN Over the five years of monitoring, NHRMO and the Sudan Consortium have collected evidence of a total of 68 children killed and over 110 injured, with thousands more internally displaced or in refugee camps in South Sudan. From January to June 2016, 7,500 people fled Southern Kordofan to become refugees in South Sudan, nearly 3,000 of which arrived in May alone. Nearly 90% were women and children, with one in ten children alone or without a family member. 12

7 Sudan Consortium, “Southern Kordofan and Blue Nile Monthly Updates,” available at http://sudanconsortium.org/darfur_crisis/SKBNUpdates.html (accessed 7 October 2016). 8 NHRMO is a locally-led organisation of human rights monitors that operate exclusively in the SPLA-N controlled areas of Southern Kordofan and Blue Nile. NHRMO is prevented by the government from monitoring in government controlled areas, thus the data gathered does not include any violations committed outside SPLM-N controlled areas, regardless of the perpetrator. 9 NHRMO only records incidents that their monitors have been able to personally verify, thus the data collected represents the minimum numbers of attacks, casualties and incidents. Sudan Consortium and NHRMO, “Human Rights Violations in Southern Kordofan and Blue Nile: 2015 in Review,” available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2016/2015ARFINAL.pdf (accessed 7 October 2016). 10 Safe Schools Declaration Endorsements, as of 9 September 2016, available at http://www.protectingeducation.org/guidelines/support (accessed 7 October 2016). 11 Office of the Special Adviser on the Prevention of Genocide, “The Responsibility to Protect,” available at http://www.un.org/en/preventgenocide/adviser/responsibility.shtml (accessed 12 October 2016) 12 5 years into South Kordofan conflict, refugees are still fleeing - summary of UNHCR spokesperson Adrian Edwards at press briefing at the Palais des Nations in Geneva 3 June 2016, available at

Examples of incidents in which children were killed or injured include: 2012 At the end of 2012, Eiri village in Heiban County was targeted by the Sudanese Air Force (for the fourth time that year). An Antonov bomber aircraft circled the village - entirely civilian in character - several times before dropping a bomb which hit a small compound. In this single incident, four children were killed along with the mother of two of them.13

2013 Between June and July 2013, NHRMO monitors documented more than 50 bombing and shelling incidents which resulted in the deaths of ten civilians – of which the majority (seven) were children. According to the information gathered by monitors, all the locations where these deaths occurred were clearly identifiable as civilian in character and did not represent military targets.14 2014 In March 2014, ten bombing attacks were recorded by monitors killing four civilians and injuring 13. All those killed as well as three of those injured were children.15 Between 27 March and 9 April, the Sudanese Armed Forces (SAF) struck villages in Al Buram County killing one child and a pregnant woman and injuring three other children.16

Also in March, human rights monitors reported ground attacks on civilian settlements by militia groups allied to the Sudanese government. A group of 15 wearing the uniforms of the Popular Defence Forces (PDF) attacked Adouna village in Delami County on 14 March. Civilians were deliberately targeted by the militiamen who opened fire and launched rocket propelled grenades (RPGs). Witnesses reported that three children (aged 12, 13 and 15) who had sought shelter in a

http://www.unhcr.org/news/briefing/2016/6/5751495f17d/5-years-south-kordofan-conflict-refugees-still-fleeing.html (accessed 20 October 2016) 13Sudan Consortium, “The impact of aerial bombing attacks on civilians in Southern Kordofan,” May 2013, available at http://www.refugee-rights.org/htdocs/Assets/PDFs/2013/Sudan%20Consortium%20AU%20Summit%20May%202013.pdf (accessed 7 October 2016). 14 Sudan Consortium, “Human Rights Update: Southern Kordofan State, Sudan,” August 2013, available at http://www.sudanconsortium.org/darfur_consortium_actions/pressreleases/2013/Sudan%20Consortium%20Update%20August%202013%20FINAL.pdf (accessed 7 October 2016). 15 Sudan Consortium, “the Impact of Conflict on Civilians in Southern Kordofan and Blue Nile States,” March 2014, available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2014/sudan%20consortium%20update%20march2014_final.pdf (accessed 7 October 2016). 16 Sudan Consortium, “The impact of Sudanese military operations on the civilian population of Southern Kordofan” April 2014, available at http://sudanconsortium.org/darfur_consortium_actions/reports/2014/Sudan%20Consortium%20SK-BN%20Update%20Apr_%202014%20FINAL.pdf (accessed 7 October 2016).

Pregnant woman injured by a barrel bomb dropped on

Taguli village, Al Buram county, 2 April. The woman later died of her injuries.

The surviving children of the woman killed in the

Antonov attack on Taguli

foxhole (a shallow shelter dug into the ground and intended to give protection during bombardment) were shot and killed. Two other children were also injured in the attack.17 In December 2014, another horrific attack took place in the Elbaro area of Umdorein County where a child was cut in half by the shrapnel of a parachute bomb. Three other children were injured in the same incident.18

2015 One particularly serious incident that took place in 2015 was a shelling attack in Umdorein County’s Umserndiba village which resulted in the killing of four children. A further five were severely injured, sustaining burns to their bodies.20 In April, still in Umdorein County, one incident of child abduction by a military group was also reported.21 Also in April, in Delami County, 21 incidents were reported including nine deaths (of which five were children and two of those under the age of two). According to the annual report of the Secretary General on children and armed conflict, 28 children were reportedly killed and 32 injured in the shelling by the armed forces of SPLM-N-controlled areas.22 2016 2016 saw the five-year anniversary for the conflict (which started in June 2011). This May, one incident in Heiban County resulted in the deaths of six children following an aerial bombardment by the government. On 23 May, during the memorial service for the six children, a Sudanese jet

17 Sudan Consortium, “the Impact of Conflict on Civilians in Southern Kordofan and Blue Nile States,” March 2014, available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2014/sudan%20consortium%20update%20march2014_final.pdf (accessed 7 October 2016). 18 Sudan Consortium, “Human Rights Update: December 2014 – January 2015,” available at http://sudanconsortium.org/darfur_consortium_actions/reports/2015/Sudan%20Consortium%20SK-BN%20Update%20January%202015%20FINAL.pdf (accessed 7 October 2016). 19 Sudan is not a party to the convention and so is not bound by this prohibition. 20 Sudan Consortium, “Human Rights Update: February - March 2015,” available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2015/sudan%20consortium%20sk-bn%20update%20march%20final.pdf (accessed 7 October 2016). 21 Sudan Consortium, “Human Rights Update April 2015,” available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2015/SudanConsortiumSK-BNUpdateApril.pdf (accessed 7 October 2016). 22 Report of the Secretary-General, “Children and armed conflict,” page 30, 5 June 2015, http://watchlist.org/wordpress/wp-content/uploads/080615-SG-report-on-Children-and-armed-conflict-revised.pdf (accessed 18 October 2016). Note the incidents reported are for Southern Kordofan, Blue Nile and Abyei.

CLUSTER BOMBS & UNEXPLODED ORDNANCE (UXO)

NHRMO has collected significant evidence that the government has used cluster bombs despite their prohibition by the Convention on Cluster Munitions.19 Unexploded ordnance (often from cluster bombs) pose an ongoing and severe threat to the civilian population until they are cleared. Children are more likely to be killed or injured by UXOs as they do not understand their dangers for example, in June 2016 three children were killed and four injured as a result of UXOs.

Children in a foxhole

A cluster bomb in Umdorein County, June 2015

dropped two bombs in the area, injuring four more children and killing a 6-month old baby.23 These deaths received some global attention but this did not stop further incidents from happening.24 Just a few days after the memorial service on 27 May, two parachute bombs were dropped into the compound of St. Vincent Primary School in El Obeid, damaging classrooms and the library.25 EDUCATION

SAFE SCHOOLS DECLARATION “...[E]ducation can help to protect children and youth from death, injury and exploitation; it can

alleviate the psychological impact of armed conflict by offering routine and stability and can provide links to other vital services. Education that is ‘conflict sensitive’ avoids contributing to conflict and

pursues a contribution to peace. Education is fundamental to development and to the full enjoyment of human rights and freedom” 26

In addition to targeting civilian settlements, the government of Sudan also appears to have targeted school buildings in its bombardments. A sample of these attacks include: In August 2011, just two months after the start of the conflict, an Antonov bomber dropped bombs on a secondary school in Kauda. In February 2012, the SAF destroyed buildings of a bible school in Heiban County.27 In May 2014, NHRMO documented attacks on Kauda and Gidel that caused damage to three schools and injured two primary school students. It also led to the closure of three other schools in the area. 28 In December in Umdorein County, a bomb fell very close to a school resulting in the postponing of exams for 450 pupils.29 In March 2015, two bombs fell on the New Sudan Primary School in Heiban Payam, Heiban County. Fortunately the bombs did not cause significant damage.30 More recently in March 2016, an Antonov

23 Nuba Reports, “The Sudan government continues to target children in the ongoing conflict in the Nuba Mountains,” 27 May 2016, http://nubareports.org/primary-school-bombed-in-latest-string-of-civilian-attacks/ (accessed 18 October 2016) 24 Sudan Consortium, “Human Rights Update: May 2016,” available at http://sudanconsortium.org/darfur_consortium_actions/reports/2016/May%202016%20HR%20report.pdf (accessed 7 October 2016). 25 Nuba Reports, “The Sudan government continues to target children in the ongoing conflict in the Nuba Mountains,” 27 May 2016, http://nubareports.org/primary-school-bombed-in-latest-string-of-civilian-attacks/ (accessed 18 October 2016) 26 Safe Schools Declaration, available at http://www.protectingeducation.org/sites/default/files/documents/safe_schools_declaration-final.pdf (accessed 7 October 2016). 27 Global Coalition to Protect Education from Attack, “Education Under Attack 2014,” available at http://protectingeducation.org/sites/default/files/documents/eua_2014_full_0.pdf (accessed 7 October 2016). 28 Sudan Consortium, “Human Rights Update: Concern over Protection of Civilians in Southern Kordofan,” May 2014, available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2014/sudanconsortiumupdatemay_%202014_final.pdf (accessed 7 October 2016). 29 Sudan Consortium, “Human Rights Update: December 2014 – January 2015,” available at http://sudanconsortium.org/darfur_consortium_actions/reports/2015/Sudan%20Consortium%20SK-BN%20Update%20January%202015%20FINAL.pdf (accessed 7 October 2016). 30 Sudan Consortium, “Human Rights Update: February - March 2015,” http://www.sudanconsortium.org/darfur_consortium_actions/reports/2015/sudan%20consortium%20sk-bn%20update%20march%20final.pdf (accessed 7 October 2016).

The classroom of Uruma Model Primary School, Delami County after being hit by rockets fired from a Sudanese fast attack jet aircraft in February 2014

dropped two bombs on Doubi village (also Heiban County) with one falling just 40 metres away from Alazrag Primary School. Again there were no casualties due to the timing of the attack.31

The continuous aerial bombardments targeting schools have disrupted children’s education. The South Kordofan and Blue Nile Coordination Unit (SKBNCU) reported in December 2015 the closure of seven schools due to insecurity.32 SKBNCU also reported on other challenges affecting education including the shortage of qualified teachers and the lack of materials. This is supported by testimonies gathered by NHRMO. As one witness told monitors: “The continuous war in Sudan has stopped us from our social lives, and it has affected the lives of our children from getting the right materials for their studies”.33

Despite this, many students have shown their resilience and commitment to continuing their schooling. In the words of a student, “life is hard but the struggle continues in school.”34

HEALTH Even though medical facilities such as hospitals and clinics are granted protected status under international humanitarian law, the government of Sudan has also these facilities with its bombings. For example, in May 2014, five bombs were dropped on the Mother of Mercy Hospital compound in Gidel. No casualties were reported, but monitors reported that many civilians fled the area due to the insecurity.35 In June 2014, the SAF bombed and partially

destroyed a hospital run by Médecins Sans Frontières (MSF). Five people were injured in the attack and two of the victims (a woman and a child) later died from their injuries.36

31 Sudan Consortium, “Human Rights Update March 2016, available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2016/March%202016%20HR%20report%20-%20FINAL.pdf (accessed 7 October 2016). 32 South Kordofan and Blue Nile Coordination Unit, “Humanitarian Update – December 2015,” http://sudanconsortium.org/darfur_consortium_actions/reports/2015/SKBNCU%20Humanitarian%20Update%20-%20December%202015.pdf (accessed 18 October 2016) 33 Sudan Consortium, “Human Rights Update: February - March 2015,” available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2015/sudan%20consortium%20sk-bn%20update%20march%20final.pdf (accessed 7 October 2016). 34 Sudan Consortium, “Human Rights Update: February - March 2015,” available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2015/sudan%20consortium%20sk-bn%20update%20march%20final.pdf (accessed 7 October 2016). 35 Sudan Consortium and NHRMO, “Human Rights Update: Concern over Protection of Civilians in Southern Kordofan,” May 2014, available at http://www.sudanconsortium.org/darfur_consortium_actions/reports/2014/sudanconsortiumupdatemay_%202014_final.pdf (accessed 14 October 2016). 36 Sudan Consortium, “Human Rights Update: June 2014,” http://www.sudanconsortium.org/darfur_consortium_actions/reports/2014/sudanconsortiumsk-bnupdatejune_2014_final.pdf (accessed 14 October 2016).

In Tunguli Model Primary School in Delami County, seven teachers have been attempting to provide education for 825 pupils – of which more than 200 are orphans.

MSF hospital, June 2014

RESTRICTIONS ON HUMANITARIAN ACCESS The conflict in only one aspect of the challenges facing civilians. Since the outbreak of the conflict in 2011, humanitarian actors have been denied access into the SPLM-N controlled areas and are unable to provide basic services to civilians. This has reduced access to medical services. For example in 2014 it was reported that 165,000 children, in Southern Kordofan and Blue Nile states, did not receive their immunisation, leaving them at risk of contracting preventable diseases.37 FOOD INSECURITY AND MALNUTRITION The targeting of civilians has also appeared to coincide with planting and harvesting seasons, increasing the food insecurity. This has had a clear impact on the increased malnutrition rates in Southern Kordofan. Between June and August 2015, SKBNCU recorded at least 20 deaths in the two areas with the majority of those deaths in Blue Nile being children. 38

REFUGEES AND INTERNALLY DISPLACED PEOPLE (IDPs)

The situation has become so dire for civilians that Unity state (in war-torn South Sudan) is home to almost 100,000 refugees from Southern Kordofan and 250,000 are believed to have fled to the country since the start of the conflict.39 In total an estimated 1.7 million people have been displaced within and from both Southern Kordofan and Blue Nile.40 While the conflict is one of the main reasons for leaving, the Office of the UN High Commissioner for Refugees (UNHCR) also notes that other reasons such as lack of food and no access to schools are cited by refugees.41

37 Martin Plaut, “Sudan: urgent plea from Unicef to allow vaccination in areas of conflict,” 25 February 2014, https://martinplaut.wordpress.com/2014/02/25/sudan-urgent-plea-from-unicef-to-allow-vaccination-in-areas-of-conflict/ (accessed 14 October 2016). 38 SKBNCU, “Flash update, 17 August 2015,” http://www.hart-uk.org/news/skbncu-flash-update-17-august-2015-detailing-needs-for-assistance-to-avoid-humanitarian-catastrophe/ (accessed 18 October 2016) 39 UN News Centre, “Sudan: Five years on, refugees still fleeing conflict in South Kordofan,” 3 June 2016, http://www.un.org/africarenewal/news/sudan-five-years-refugees-still-fleeing-conflict-south-kordofan-un-reports (accessed 14 October 2016). 40 Sudan Consortium and NHRMO, “Human Rights Violations in Southern Kordofan and Blue Nile: 2015 in Review,” April 2016, http://www.sudanconsortium.org/darfur_consortium_actions/reports/2016/2015ARFINAL.pdf (accessed 14 October 2016). 41 UN News Centre, “Sudan: Five years on, refugees still fleeing conflict in South Kordofan,” 3 June 2016, http://www.un.org/africarenewal/news/sudan-five-years-refugees-still-fleeing-conflict-south-kordofan-un-reports (accessed 14 October 2016).

Refugee and IDP children are particularly vulnerable. In many cases around the world, children are separated from their families which separate them from protection structures and expose them to increased risk of malnutrition, exploitation and forced recruitment.42 According to UNHCR, of the arrivals from Southern Kordofan, 90% were women and children with one child in every 10 alone or without family member.43

CONCLUSION AND RECOMMENDATIONS “We have seen it, we know what it is, and now we have to stop it, to tell the world who is responsible for these acts and to work together to use the tools we have to prevent and stop these horrible acts

which can scar children for a lifetime.,” 44 Sudan has not only failed to protect children but has also been responsible for the majority of violations recorded by NHRMO that have occurred during the conflict. Therefore the government of Sudan must:

x Work to ensure a permanent cessation of hostilities x Respect and comply with all its international obligations and immediately cease all

deliberate and indiscriminate bombings of civilian areas; x Implement the Safe Schools Declaration; x Facilitate the continuation of education in conflict situations; x Investigate allegations of violations of international human rights and humanitarian law

and prosecute perpetrators; x Ensure immediate and independent humanitarian access to both SPLM-N and

government held areas; x Ensure all children receive the necessary vaccinations regardless of their location; and x Ensure that children are not recruited into armed forces or allowed to participate in

hostilities.

The SPLM-N as parties to the conflict and as de-facto authorities in the areas that they control, also bear some responsibility. Therefore the SPLM-N must:

x Work to ensure a permanent cessation of hostilities; x Endorse and implement the Safe Schools Declaration; x Facilitate the continuation of education in conflict situations; x Investigate allegations of violations of international human rights and humanitarian law

and prosecute perpetrators; x Facilitate immediate and independent humanitarian access to SPLM-N held areas; x Work with the government of Sudan and international partners to ensure all children

received the necessary vaccinations; and x Ensure that children are not recruited into armed forces or allowed to participate in

hostilities.

The international community including the African Union must:

42 Harvey, R, “Children and Armed Conflict: A guide to international humanitarian and human rights law,” (2003), page 36, available at https://www.essex.ac.uk/armedcon/story_id/000044.pdf (accessed 7 October 2016). 43 UN News Centre, “Sudan: Five years on, refugees still fleeing conflict in South Kordofan,” 3 June 2016, http://www.un.org/africarenewal/news/sudan-five-years-refugees-still-fleeing-conflict-south-kordofan-un-reports (accessed 14 October 2016). 44 Office of the Special Representative of the Secretary-General for children and Armed Conflict, “Act To Protect: Guidance Note on Attacks against Schools and Hospitals,” 20 May 2014, available at http://childrenandarmedconflict.un.org/launch-of-the-guidance-note/ (accessed 7 October 2016).

x Mandate an international commission of inquiry to investigate allegations of human rights abuses, particularly those committed against children, in the Two Areas of Sudan;

x Publicly condemn all acts of violence committed against civilians, particularly children, in violation of international humanitarian law and human rights law;

x Insist on immediate and independent humanitarian access to the Two Areas; x Push for access by the Secretary-General’s Representative on children and armed

conflict; x Urge the African Committee of Experts on the Rights and Welfare of the Child to

undertake an investigation into the impact of the conflict on children living in the Two Areas.