1. Ndongo Linda MboneFaculty of Law, Department of International public law Climate Change, Human Rights and the Darfur Crisis. By: Ndongo Linda Mbone PhD candidate Ghent Colloquium, September 13-17 2010

2. Ndongo Linda MboneFaculty of Law, Department of International public law Questions to be contemplated during this presentation 1) How is climate change impacting human rights in Darfur? 2)Have the attempts at dealing with the situation been effective?

3. Ndongo Linda MboneFaculty of Law, Department of International public law  Sudan - largest country in Africa - diverse environment  Darfur - North-Western part of Sudan - 490.000km²( about the size of France) http://rightsmaps.com/images/sudan_sept2003.jpg

4. Ndongo Linda MboneFaculty of Law, Department of International public law Climate change challenges  Loss of biodiversity  Threat multiplier - tensions due to scarcity  Fragile states are more vulnerable reasons - lack of adaptation capacities - absence of sustainable development - bad governance

5. Ndongo Linda MboneFaculty of Law, Department of International public law Reduction in the amount of rainfall in Darfur. Rain gauge Location Average annual rainfall (mm) 1946 – 1975 Average annual rainfall (mm) 1976 – 2005 Reduction (-) Percentage El Fasher, 272.36178.90- 93.46- 34 % Nyala,448.71376.50- 72.21- 16 % El Geneina, 564.20427.70- 136.50-24 % - reduced amount of rainfall ↓ drought ↓ soil infertility ↓ alimentary insecurity ↓ migration ↓ conflict Table I: Long-term rainfall reduction in Darfur: Source; United Nations Environment Programme. (2007). Sudan Post-Conflict Environmental Assessment, p 60.

6. Ndongo Linda MboneFaculty of Law, Department of International public law Aggravating circumstances to the war in Darfur Lack of clear land regulations -statutory legislation has traditionally been used to bypass local customs Absence of an effective environmental governance Absence of sustainable development Population displacement

7. Ndongo Linda MboneFaculty of Law, Department of International public law Causes of environmental degradation in Darfur  Overgrazing - due to an increase in livestock.  Over tilling - agriculture is the main source of livelihood. Unfortunately the farmers till the soil without making use of sustainable land use practices like crop rotation and fallowing.  Harvesting of wood - for fuel and building of houses

8. Ndongo Linda MboneFaculty of Law, Department of International public law Kassab camp, North Darfur. http://www.thewe.cc/contents/more/archive/darfur_sudan.html#this_is_real

9. Ndongo Linda MboneFaculty of Law, Department of International public law Climate change and Human rights The Stockholm Declaration of 1972 “Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.” The African Charter of Human and Peoples Rights (1981) “All peoples shall have the right to a general satisfactory environment favorable to their development.” The 2005 Interim National Constitution of Sudan (2005)

10. Human rights and the situation in Darfur  Children’s rights (child soldiers) - Convention on the Rights of the Child, A. 38 - African Charter on the Rights and Welfare of the Child, A. 22(2) - The National Service Law, 1992  The right to an adequate standard of living, A. 25(1) (Internally Displaced Persons) - 2.7 million IDPs  The right to life - UDHR A. 3 - An estimated 300,000 dead in Darfur Ndongo Linda MboneFaculty of Law, Department of International public law

11. Ndongo Linda MboneFaculty of Law, Department of International public law Reaction to the Darfur conflict AU -AU/UN- United Nations African Mission in Darfur (UNAMID) -mediated the Darfur Peace Agreement (2006) UN -UN rule of law programme (2004) -UN World Food Programme stove project (2009) - UN Security council resolutions (1556,1564,1769)

12. Ndongo Linda MboneFaculty of Law, Department of International public law Recommendations Adaptation strategies (environmental education, improve farming methods). A more unified land legislation for Sudan. Enforcement of the UN resolutions. Bottom-up approach to peace agreements.

13. Ndongo Linda MboneFaculty of Law, Department of International public law Conclusion -The Darfur region is one of the many examples of a resource scarcity-triggered conflict. -Environmental degradation does not only affect nature, it also impacts on human rights like the right to life, children’s rights and so on. -Unless and until environmental degradation is addressed in the region and the inhabitants of Darfur considered and consulted during the signing of peace agreements, long lasting peace will be difficult.