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«Human Rights Watch Brussels London New York Washington, D.C. Copyright © 2003 by Human Rights Watch. All rights reserved. Printed in the United ...»

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Sudan, Oil, and Human Rights

Human Rights Watch

Brussels London New York Washington, D.C.

Copyright © 2003 by Human Rights Watch.

All rights reserved.

Printed in the United States of America

ISBN: 1564322912

Cover design by Rafael Jimenez

Addresses for Human Rights Watch

350 Fifth Avenue, 34th Floor, New York, NY 10118-3299

Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: hrwnyc@hrw.org

1630 Connecticut Avenue, N.W., Suite 500, Washington, DC 20009

Tel: (202) 612-4321, Fax: (202) 612-4333, E-mail: hrwdc@hrw.org 2nd Floor, 2-12 Pentonville Road London N1 9HF, UK Tel: (44 20) 7713 1995, Fax: (44 20) 7713 1800, E-mail: hrwuk@hrw.org 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (32 2) 732-2009, Fax: (32 2) 732-0471, E-mail: hrwbe@hrw.org Web Site Address: http://www.hrw.org Listserv address: To receive Human Rights Watch news releases by email, subscribe to the HRW news listserv by sending a blank e-mail message to hrw-news-subscribe@topica.email-publisher.com Human Rights Watch is dedicated to protecting the human rights of people around the world.

We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice.

We investigate and expose human rights violations and hold abusers accountable.

We challenge governments and those who hold power to end abusive practices and respect international human rights law.

We enlist the public and the international community to support the cause of human rights for all.

HUMAN RIGHTS WATCH

Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people.

Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children’s rights, and women’s rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Geneva, Moscow, Tashkent, Tblisi, and Bangkok. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly.

The staff includes Kenneth Roth, executive director; Michele Alexander, development director; Carroll Bogert, associate director; Barbara Guglielmo, finance director; Lotte Leicht, Brussels office director;

Maria Pignataro Nielsen, human resources director; Iain Levine, program director; Rory Mungoven, advocacy director; Wilder Tayler, legal and policy director; and Joanna Weschler, United Nations representative.

The regional division directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Brad Adams, Asia. The thematic division directors are Steve Goose, Arms, Lois Whitman, Children’s Rights; and LaShawn R. Jefferson, Women’s Rights. The program directors are Arvind Ganesan, Business and Human Rights; Joanne Csete, HIV/AIDS and Human Rights; Richard Dicker, International Justice; and Jamie Fellner, U.S. Program.

Jonathan Fanton is the Chair of the board of directors and Robert L. Bernstein is the Founding Chair.

The members of the board of directors are Khaled Abou El Fadl, Lisa Anderson, Lloyd Axworthy, David Brown, William Carmichael, Dorothy Cullman, Edith Everett, Michael Gellert, Vartan Gregorian, James F. Hoge, Jr., Stephen L. Kass, Marina Pinto Kaufman, Wendy Keys, Robert Kissane, Bruce Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Joel Motley, Samuel K. Murumba, Jane Olson, Peter Osnos, Kathleen Peratis, Catherine Powell, Sigrid Rausing, Orville Schell, Sid Sheinberg, Gary G. Sick,

Domna Stanton, John J. Studzinski, Shibley Telhami, Maureen White, and Maya Wiley. Emeritus Board:

Roland Algrant, Adrian DeWind, Alice H. Henkin, Bruce Rabb, and Malcolm Smith.

MAP A: SUDAN

SUDAN, OIL, AND HUMAN RIGHTS

GLOSSARIES

The Concession Holders:

Past Players:

MAP B: OIL CONCESSIONS IN CENTRAL AND SOUTHERN SUDAN AS OF AUGUST 2002........... 5

Map C: OIL ACTIVITY AND THE SCENE OF WAR IN WESTERN UPPER NILE, AS OF OCTOBER

31, 2002

MAP D: ETHNIC GEOGRAPHY IN WESTERN UPPER NILE

Main Rebel and Militia Forces in Southern Sudan Named in this Report

Key Southern Individuals Named in This Report

Key Non-Southern Individuals Named in This Report





Glossary of Terms and Abbreviations

SUMMARY

The Displaced

Sudan’s Land and Peoples

Oil in Sudan: The Corporate Holdings

Government Strategy of Divide and Displace

Government Revenue from Oil and Expenditures on Arms

Corporate Responsibility

Talisman and the Canadian Government

The Role of the U.S.

Postscript: Peace Talks Update 2003

PART I: OIL IN SOUTHERN SUDAN:

EARLY DEVELOPMENTS

BACKGROUND

Blocks 1, 2, 4, and 5A and 5B: Oil Geography

Human Population

Maps and Tax Records of Nuer and Dinka Presence

The Living Patterns of Dinka and Nuer

Relations between Baggara, and Nuer and Dinka

Independence, Civil War, and the Addis Ababa Agreement

THE CHEVRON PERIOD: 1974-92

Overview

Chevron Oil Concessions

Southern Fears about Oil Development

Resumption of Civil War

Formation of SPLM/A in Ethiopia, 1983

Government Use of the Baggara as a Forced Displacement Tool, 1980s

Chevron Attempts and Fails to Develop the Oilfields

Overthrow of President Nimeiri, Chevron Pulls Out, 1985

Civil War and Political Developments

Elections 1986, Military Coup 1989

SPLA Control of Western Upper Nile

Government Use of Paulino Matiep’s Nuer Militia

Government Army Displacement of Nuer from the Oilfields, 1990

SPLM/A Split; Riek Machar Heads Breakaway Faction, 1991

THE ARAKIS PERIOD: 1992-98

Overview

Arakis Energy’s Struggle to Develop the Oilfields

Early Problems for Arakis, 1992-93

Formation of GNPOC Consortium, 1996

Divide, Displace, and Destroy in the Oil Areas

Army/Muraheleen displacement, 1992-98

The 1996 Political Charter and the 1997 Khartoum Peace Agreement

Contested Elections and Displacement by the Nuer Militias, 1996-98

PART II: OIL FUELS THE WAR

OIL DEVELOPMENT AND DISPLACEMENT

IN BLOCK 5A, 1996-98

Overview

Lundin (IPC) Enters the Scene, 1996

The Significance of the GNPOC Pipeline

Block 5A Operations in 1998

Fighting and Displacement of Nuer Communities in Block 5A, May-October 1998

Government Depopulates Block 5A, 1998

Government Army and Paulino Matiep Militia in Ler, 1998

Relief Agencies Note Forced Displacement and Devastation in Western Upper Nile, 1998........... 153 THE WUNLIT NUER-DINKA RECONCILIATION PROCESS, 1999

Overview

The West Bank Nuer/Dinka People-to-People Peace and Reconciliation Conference, February-March 1999

Purpose of the Wunlit Conference

Participants at the Wunlit Conference

Proceedings and Resolutions at the Wunlit Conference

OIL SUCCESSES FOR GOVERNMENT DESPITE REBEL MILITARY OPPOSITION: TALISMAN

STEPS IN, 1998-99

Overview

Talisman Becomes New Lead Partner for Blocks 1, 2, and 4, Mid-1998

Government Inaugurates Oil Pipeline in Heglig, May 1999

Government Inaugurates Khartoum Oil Refinery, June 1999

First Oil Exports Flow from Sudan, August 1999

Incidents of Pipeline Sabotage, 1999

Government Relations with Southern Militias, 1999

Divisions in Paulino Matiep’s Bul Nuer Militia, October 1998-September 1999

Government Foments Division of SSDF Into Smaller Nuer Militias

Dispute over Block 5A Oilfields between Government and SSDF, Early 1999

Government Calls for Military Volunteers to Defend Oilfields, 1999

DISPLACEMENT AND DEVASTATION IN BLOCK 1, 1999

Overview

Government Campaign of Forcible Displacement from Block 1, February-July 1999

BATTLE FOR CONTROL OVER BLOCK 5A,

April-June 1999

Overview

Battle for Control of Block 5A: First Rebel Attack on Oil Operations Since 1984; Lundin Evacuates, May 1999

Fighting Begins As Army Troops Attempt to Occupy Oil Rig

Government Army Occupies Lundin Drilling Site; Militia Forces Chase Civilians and SSDF Rebels to a Distant Corner of Block 5A

Each Side Accuses the Other of Instigating Fighting in Block 5A, May 1999

Civilians Displaced from Block 5A, May-August 1999

Nuer Civilians Flee to Mayandit, then to Dinkaland

Dinka Warmly Welcome Displaced Nuer, Slow International Relief

Other Displaced Nuer Embark on Hazardous Journey to Nyal and Ganyliel

Other Human Rights Abuses Linked to Displacement, 1999

Rape and Other Abuses Against Women

Government Use of Antipersonnel Landmines

Rebel Treatment of Prisoners

Rebel and Government Militia Recruitment of Child Soldiers

OIL-CAUSED REALIGNMENT OF SOUTHERN REBEL FORCES AND ESCALATION OF WAR,

LATE 1999

Overview

Rapprochement Between the SPLM/A and SSDF 1999

Renewed Fighting in Block 5A, July 1999

Khartoum Peace Agreement Talks Fail Again

Pro-Government Militia Commander Peter Gatdet Mutinies Against Paulino Matiep and Government, September 1999

Cmdr. Peter Gatdet’s Troops Attack Oil Areas and Oilrig in Block 1, October 1999

Government Recruitment and Diplacement in the Oilfields, October 1999

Government Army Displaces Athonj and Other Villages Near El Toor Oilfield, Block 1, 1999... 243 Calls for Mujahedeen Volunteers

Nuer Peace Talks; Formation of the Upper Nile Provisional Military Command Council, November 1999

Fighting Continues between Southern Rebels and Government in Blocks 1 and 4, November 1999 248 THE OIL ROAD: NUER DISUNITY AND OIL DISPLACEMENT INCREASE, 2000

Overview

Riek Machar Resigns from Government and Forms Sudan People’s Defence Forces/Democratic Front, February 2000

Government Offensives in Support of Road Building for the the Oilfields, 2000

Fighting Along the Oil Roads, April 2000

Nuer Forces, Armed by Others, Return to Fighting Each Other, July-October 2000

SPDF Forces Receive Government Ammunition to Fight SPLA, June-July 2000

Government Completes All-Weather Road to Ryer/Thar Jath

A Journalist Travels the Oil Road, April 2001

Government-Armed Offensive Leaves Tens of Thousands of Civilians Uprooted, 2000

MORE PEACE EFFORTS, MORE FIGHTING IN THE OILFIELDS: 2001-2002

Overview

Political Developments Related to the Oil War

Southern Efforts to Unite Southern Militias in Government Territory

Wunlit Threatened by Continued Intra-Nuer SPLA/SPDF Fighting, February 2001

SPLM/A and SPDF Talks and Merger, 2001-2002

U.S. Peace Initiative Under Senator Danforth, September 2001-May 2002

Military DevelopmentsBlocks 1, 2, and 4: GNPOC

Use of GNPOC Airstrips

Block 5A, Early 2001

The Military Tide Turns Toward the Rebels in Block 5A, Late 2001-2002; Lundin Suspends Operations Again

Government Counter-offensive in Block 5A, 2002, Displaces Civilians

Displacement Crisis in Oil Areas Because of Fighting, 2001-2002

Oil Developments

Oil Production Increases in Blocks 1, 2, and 4

Lundin Makes a “Significant Oil Discovery” in Block 5A in 2001, Suspends Operations Again in 2002

New Blocks to be Exploited

PART III: HUMAN RIGHTS CONSEQUENCES OF OIL DEVELOPMENT

INTERNAL DISPLACEMENT AND INTERNATIONAL HUMANITARIAN LAW

Overview

Numbers of Nuer and Dinka Displaced from Oil Blocks in Western Upper Nile/Unity State.......... 314 1998-1999

2000-2001

2001-March 2002

The Illegality of Forced Displacement under International Humanitarian Law

Contractually-Incurred Obligations Forbidding Forced Displacement

Oil Operations as a Military Objective

Relief Politics and Abuses in the South

Government Flight Bans and Bombings of Relief Locations in Western Upper Nile

Rebel Manipulation of Relief

Overview

TABLE 1: SUDANESE GOVERNMENT OIL REVENUE AND MILITARY EXPENDITURES, 1999Oil Revenues Soar

Government Ability to Stem Post-2005 GNPOC Production Decline Hinges on Block 5A and Other New Production

Government Military Spending Almost Doubles in Two Years, Using Up 60 percent of the Oil Revenue

Government Uses Oil Wealth for Arms Imports and Industry

Sudan Suspected of Acquiring Polish Tanks Intended for Yemen, August 1999

Government Revenue from Oil, Development Applications?

IMF Audits

Government Uses Oil Revenue to Buy Friends

Increased Government Bombing of the South

Bombing in 1999

Increased Bombing in 2000

Bombing Condemned, April 2000

U.S. Attempts to Obtain an End to Civilian Aerial Bombardment, 2001/2002

NEGLECT OF THE ENVIRONMENT

Environmental Issues Regarding the Sudd and the Jonglei Canal

Warnings about Environmental Impact of Oil Extraction

Talisman’s and GNPOC’s Limited Environmental Impact Assessment, August 1998

Block 5A: Lundin Claimed Environmental Impact Study Done



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