Transcript Presentation `Ghent University` - IUCN Academy of Environmental Law

Climate Change, Human Rights and the
Darfur Crisis.
By: Ndongo Linda Mbone
PhD candidate
Ghent Colloquium, September 13-17
2010
Ndongo Linda Mbone
Faculty 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?
Ndongo Linda Mbone
Faculty 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
Ndongo Linda Mbone
Faculty 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
Ndongo Linda Mbone
Faculty of Law, Department of
International public law
Reduction in the
amount of rainfall in
Darfur.
- reduced amount of
rainfall
↓
drought
↓
soil infertility
↓
alimentary insecurity
↓
migration
↓
conflict
Ndongo Linda Mbone
Rain
Average
Average
Reduction
gauge
annual
annual
(-)
Location
rainfall (mm) rainfall (mm)
Percentage
1946 – 1975 1976 – 2005
El
272.36
178.90
- 93.46
- 34 %
Nyala,
448.71
376.50
- 72.21
- 16 %
El
564.20
427.70
- 136.50
-24 %
Fasher,
Geneina,
Table I: Long-term rainfall reduction in Darfur: Source; United
Nations Environment Programme. (2007). Sudan Post-Conflict
Environmental Assessment, p 60.
Faculty 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
Ndongo Linda Mbone
Faculty 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


Ndongo Linda Mbone
Faculty of Law, Department of
International public law
Kassab camp, North Darfur.
http://www.thewe.cc/contents/more/archive/darfur_sudan.html#this_is_real
Ndongo Linda Mbone
Faculty 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)
Ndongo Linda Mbone
Faculty of Law, Department of
International public law
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 Mbone
Faculty 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)
Ndongo Linda Mbone
Faculty 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.
Ndongo Linda Mbone
Faculty 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.
Ndongo Linda Mbone
Faculty of Law, Department of
International public law