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RECOMMENDATIONS

Human Rights Watch recommends that the Greater Nile Petroleum Operating Company (GNPOC), the Lundin Block 5A Consortium, the Petronas 5B Consortium, and each of their member companies, namely Talisman Energy (and its successors), CNPC, Petronas, Lundin Oil, OMV (and its successors), and Sudapet should suspend their activities in Sudan. None of these nor any oil company, including TotalFinaElf, nor industry contractors and subcontractors, should resume or commence operations in Sudan unless the following minimum benchmarks are met:

I. Minimum Benchmarks

Displacement

The companies

The companies adequately finance a team, under the supervision of the U.N. High Commissioner for Human Rights, composed of independent experts on southern Sudan to compile an authoritative, credible survey of the identities and numbers of civilians forcibly displaced in or from the relevant oil concessions. The survey should attempt to determine the scope of human rights abuses since displacement from oil concession areas began, and who was responsible for their forcible displacement. Its findings should be made public. The survey should be in a form usable for determining future compensation.

The government

The government provides temporary accommodation for those who have been displaced in accordance with the standards utilized by the UNHCR, including the U.N. Guiding Principles on Internal Displacement.¹⁶⁰⁵ Furthermore, the government implements a credible and verifiable process to allow those forcibly displaced to return to their homes, with adequate compensation. If return is not possible, it provides them with adequate compensation for an acceptable place of relocation. The U.N. Guiding Principles on Internal Displacement state that:

Competent authorities have the duty and responsibility to assist returned and/or resettled internally displaced persons to recover, to the extent possible, their property and possessions which they left behind or were dispossessed of upon their displacement. When recovery of such property and possessions is not possible, competent authorities shall provide or assist these persons in obtaining appropriate compensation or another form of just reparation. . . . (Principle 29(2))

[Furthermore,] competent authorities have the primary duty and responsibility to establish conditions, as well as provide the means, which allow internally displaced persons to return voluntarily…to their homes or places of habitual residence, or to resettle voluntarily in another part of the country. . . . (Principle 28)

The compensation should include not only relocation funds, but also compensation for the loss of livelihood, family members, and property, and pain and suffering as a result of government army or militia attack and subsequent displacement.

The government protects returnees from all forms of harassment, abuse, or further displacement by its agents or others, and provides full access for independent monitoring of the conditions of their resettlement.

The government ceases all use of oil company airfields, transport, and infrastructure for military purposes, except to treat or evacuate the injured, wounded, or dead.

The government takes credible, verifiable steps to cease forced displacement from concession areas, and targeted or indiscriminate aerial bombardment or other attacks on civilian areas, including on civilian infrastructure such as relief sites, hospitals, churches, and schools.

The government permits unimpeded access to the oil-producing areas for Sudanese citizens, international organizations, human rights monitors, journalists, and humanitarian organizations.

Transparency

The companies

Oil companies, consortia members, and subcontractors disclose whether they have provided cash or in kind equipment or services for military, security, or dual use purposes.

The government

The government adheres in full to the International Monetary Fund (IMF) Code of Good Practices for Fiscal Transparency (see Appendix B). The government publishes the audits that the IMF Auditor General has conducted of Sudapet oil revenue and Sudanese government revenue from 1999 through 2002, and of the year 2003, and future such audits.

II. Failure to meet benchmarks

To the European Union and its member states (notably Sweden, Austria, France, Germany, and the United Kingdom), and the governments of Canada, China, and Malaysia, and any other state where oil companies operating in Sudan are headquartered:

Should the minimum benchmarks not be met within six months and companies based in your countries fail to withdraw from Sudan, pressure them to do so through targeted legislation and other measures.

III. Additional Recommendations

To the companies:

Publicly and privately condemn human rights violations by all parties in Sudan, and the inappropriate use of oil facilities by the government forces, and establish procedures to ensure that the activities of the consortia, their company members, and theirsubcontractors do not result in, benefit from, or contribute to human rights abuses.

Engage high-level government officials in active dialogue about human rights on a regular and timely basis. Actively monitor the status of Sudanese government or U.N. human rights investigations and press for their resolution.

Contribute to a trust fund to benefit the victims of human rights abuses in the oil producing areas, including compensation for those forcibly displaced. The fund should be transparent and fully audited.

Contribute to a fund to establish an independent human rights monitoring organization for all Sudan oilfields and related territory, and work to ensure that the organization has full access to the oil producing areas. The organization should include qualified, salaried, and experienced full-time staff based in the area and region, with supervision by the U.N. High Commissioner for Human Rights, and other independent human rights professionals.

Adopt internal guidelines for the provision of security by public or private forces for facilities in oil producing areas, emphasizing the need to respect human rights, to institute effective monitoring to ensure the guidelines are being followed, and to initiate disciplinary proceedings when they are violated. Those guidelines should prevent conduct that would be in violation of the international humanitarian rules of war if carried out by government or rebel forces and be in line with the U.N. Code of Conduct for Law Enforcement Officials, U.N. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and the various corporate codes of conduct in effect.

Allow and cooperate with independent verification of compliance by GNPOC, Lundin, and Petronas consortia, their members, and subcontractors, with international human rights and humanitarian law standards.

Issue independent and verified reports on the government’s compliance with international standards of human rights and humanitarian law. Issue independent and verified reports on internal company compliance with the International Code of Ethics for Canadian Business or any other code of conduct which any of the consortia, companies, or subcontractors may have adopted.

Ensure human rights training for all public or private security providers, based on the U.N. Code of Conduct for Law Enforcement Officers and international humanitarian law.

To the Government of Sudan:

Protect all civilians in war zones and refrain from targeted or indiscriminate attacks upon population centers or other civilian settlements, and on civilian objects including relief sites, hospitals, churches, and schools.

Demonstrate your commitment to international human rights and humanitarian law by ratifying or acceding to and respecting the Convention on the Prohibition of the use, stockpiling, production and transfer of antipersonnel mines and on their destruction (the Mine Ban Treaty); the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention for an International Criminal Court; and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Disarm and disband the Baggara militia (muraheleen), on account of their abusive record, and any Popular Defence Force or army units in which they are included.

Cease funding or using in any military activities any other armed groups who are reported to have carried out widespread and systematic abuses.

Ensure that any military unit operating with the Sudanese army observes the same rules of international humanitarian law by which the Sudanese government is bound.

Investigate and prosecute those alleged to be responsible for attacking civilians and civilian objects, looting, kidnapping, abducting, or engaging in forced labor practices or slavery.

Permit the ICRC to conduct inspections of all detention and jail facilities, and to conduct private interviews with any prisoners or others detained in connection with the conflict. Permit the ICRC to have access to military places of detention.

Contribute to a trust fund for the compensation of individuals who have been displaced by the government or government agents from their homes in the oil concessions. The fund should be transparent and fully audited.

Adhere in full to the IMF Code of Good Practices on Fiscal Transparency and publish a detailed account of military expenditures and the source of such revenue under IMF guidance, allowing for a reasonable balance between full detail and valid national security concerns.

Develop legislation and regulations requiring present owners and prospective purchasers of oil concessions and other oil facilities to conduct an independent human rights and environmental impact assessment and to protect the human rights of those living in or near the oil projects.

To the United States:

Condemn abuses by all parties to the conflict—including the Sudanese government armed forces and its ethnic militias, SSDF, Baggara militias, Popular Defence Force, SPLM/A, and others—and insist that those responsible for abuses be held accountable.

Continue existing sanctions on Sudan until concrete and measurable progress has been made toward ceasing human rights abuses.

Avoid providing funding, directly or indirectly, to or through any rebel movement, armed force, or coalition, whether it be U.S. AID or Economic Support Funds or other, until that rebel, armed, or coalition force has demonstrated that it will respect human rights and humanitarian law in the conduct of its own troops, officers and members. Specific actions would include investigation and appropriate punishment for human rights abusers, past and present.

Investigate allegations of abuses by any rebel formation, and issue a public report to Congress on rebel abuses every six months, with specific steps that the U.S. will take to help prevent such abuses in the future.

To the Canadian Government:

Put Sudan on the Area Control List for selective trade restrictions in support of human rights objectives.

Enact legislation that would permit Canada to apply unilateral economic sanctions to companies engaged in the oil business in Sudan. Apply sanctions if the minimum conditions listed above are not met within a limited time frame.

In conjunction with Canadian human rights experts and the nongovernmental Canadian-based organizations which have been associated with the Sudan oil campaign, establish and finance a Canadian monitoring office for the Sudan oilfields. It should operate under the direction of human rights experts and the campaigning NGOs, and issue reports on human rights abuses in the oilfields and related territory. It should monitor government and rebel conduct, as well as compliance by Canadian and other companies and the consortia of which they are members with the International Code of Ethics for Canadian Business, whether or not they have signed it.

To the governments of Canada, China, and Malaysia:

Contribute to a trust fund for the compensation of individuals who have been displaced by the government or government agents from their homes in the oil concessions. The fund should be transparent and fully audited.

To the European Union and its member states, notably Sweden, Austria, France, Germany, and the United Kingdom:

Initiate a consultation with the government of Sudan under Article 96 of the Cotonou Agreement between the E.U. and the African-Caribbean-Pacific (ACP) states, and insist on measurable progress including remedies for past human rights abuses, an immediate cessation of government bans on relief flights and denial of access to relief operations, and cessation of targeting civilians and civilian objects. In particular the consultation must stress abuses in the oil areas.

Authorize and fund an independent and professional human rights and environmental assessment of all oil concession areas in Sudan where E.U. companies have invested or provided good or services, supervised by the U.N. High Commissioner for Human Rights—where at least a full year is provided for field work—to determine whether or not oil development has contributed to human rights abuses, the spread of the conflict, loss of livelihood of original residents, or potential or actual environmental damage.

Authorize and fund an independent and professional investigation of possible breaches of the E.U. arms embargo on Sudan, including any arms sales or transfers by E.U. aspiring members.

Devise regulations for transnational companies incorporated or based in the E.U. regulating their conduct so that they do not become complicit, directly or indirectly, with human rights abuses in countries where they are doing business.

Seek from all companies incorporated or based in the E.U. which are engaged in oil-related business in Sudan detailed annual reports relating to their compliance with international business codes and international business human rights norms.

To the members of the United Nations Security Council:

Impose and enforce an embargo on trade or transfer of all arms and other war materiel between any person, company, or country and the Sudanese government or any rebels operating inside Sudan until concrete and measurable progress in compliance with international human rights and international humanitarian law is made toward ending human rights abuses, as established by the U.N. High Commissioner for Human Rights.

To the World Bank:

Refrain from lending to or funding of the government of Sudan, including funding for research, until the above minimum benchmark conditions are met.

To the rebel forces: the SPLM/A and other anti-government armed groups:

Publicly condemn abuses against civilians by your forces, and adhere to human rights and humanitarian law standards.

Conduct investigations of human rights and humanitarian law abuses.

Ensure the protection of civilians in war zones, including smaller ethnic groups, Muslims, women, and children.

Allow unimpeded access to humanitarian organizations, human rights monitors, and journalists.

Cooperate with efforts of international, national, and U.N. human rights monitors to investigate and publicize abuses of human rights and humanitarian law occurring within your territory.

Permit the ICRC (according to its modalities) to conduct inspections of all detention and jail facilities, and to conduct private interviews with any prisoners or others detained in connection with the conflict.

Immediately demobilize all child soldiers under the age of eighteen and cooperate with UNICEF, Rädda Barnen, and others in their efforts to reunite the children with their families.

For the SPLM/A, stop supporting Nuer factions, whether inside or outside of the SPLA, that engage in fighting other Nuer.