In
1999, slavery was eliminated from Sudan by the stroke of a pen.
For five years, UN Special Rapporteur Gáspár Bíró
had chronicled the recrudescence of government-sponsored slave raiding
in the North-South war, the longest in Africa’s history. The
response of the UN Human Rights Commission, at the request of the
government of Sudan, was to replace all references to “slavery”
in UN documents with the term “abduction.”
For Aweng Deng Nyal, seized in a militia raid in 1991, the news
that the slaves of Sudan had been emancipated would have come as
a surprise. That is, if she ever heard it. Driven by famine, Aweng
had sought food from a southern garrison town. As part of a government
strategy to depopulate Dinka areas on the frontline of the war—“to
break the backbone of the rebellion,” in the words of the
Sudanese Defense Minister Ibrahim Suleiman Hassan—a group
of government-backed Arab murahileen horsemen intercepted Aweng,
shot her husband, cut her brother’s throat, bound her hands,
and dragged her north. For nine months, Yah’ia Muhammed—the
man whom she had watched kill her family—forced Aweng to farm
his land. She slept fenced in with cattle and, once a day, was given
a cupful of boiled sorghum to eat.
In the course of the civil war, Murahileen militias captured over
ten thousand Southern Sudanese like Aweng. Most became textbook
slaves, raped and forced by violence to work for no pay. A survey
by the Rift Valley Institute in 2002 established the identities
of over 10,000 southerners abducted in this way.
That enslavement is a crime against humanity is axiomatic. Along
with piracy, genocide and torture, it is a crime of universal jurisdiction.
Today there are more slaves in the world than at any point in human
history. But “slavery” is a word that blurs at the edges,
into indentured labor, debt bondage and human trafficking. Large
numbers are held in debt bondage on the Indian subcontinent. Millions
are forced into prostitution or agricultural work. Are they slaves?
In terms of ethics, yes. In international law, not necessarily.
The Slavery Convention of 1926 defines slavery as “the status
or condition of a person over whom any or all of the powers attaching
to the right of ownership are exercised.” It defines the slave
trade as including “all acts involved in the capture, acquisition
or disposal of a person with intent to reduce him to slavery”
and “all acts involved in the acquisition of a slave with
a view to selling or exchanging him.” A Supplementary Convention
adopted in 1956 addresses debt bondage and serfdom, which it characterizes
as “institutions and practices similar to slavery.”
Parties to the Conventions are required to prevent and suppress
the slave trade and eliminate slavery and similar practices “progressively
and as soon as possible.”
Today, as in the past, enslavement and bondage are often forms of
commercial exploitation, bred by chaos—as in Bosnia, Kosovo,
Transnistria and Nepal. Sometimes, it is a means to terrorize local
populations, as when the Lord’s Resistance Army forced children
to take up arms in Uganda. The twentieth century saw the rise of
a new, focused use of human bondage. Since Armenia in 1915, slavery
and forced labor emerged alongside genocide as a method of erasing
cultures.
The Nazis used several million Jews as forced laborers in World
War II. The Khmer Rouge in Cambodia destroyed urban culture by forcing
city dwellers into rural labor camps. In Bosnia Serbian forces established
camps where Bosnian Muslim women were forced to have sex with non-Muslim
men, with the aim of breeding Muslims out of Bosnia. And in Sudan,
as Aweng Deng discovered, successive governments in Khartoum abetted
northern Arab militias to revive the practice of slave raiding that
the British had stamped out after the reconquest a century earlier.
Slavery is as old as war. Since antiquity slaves have been the spoils
of battle. But the nineteenth century saw the crumbling of the ideological
justification for the “peculiar institution” as it was
known in the United States. The first codification of the laws of
war—the Lieber Code promulgated by President Lincoln during
the American Civil War—contained a provision against enslavement.
The Geneva Conventions of 1949 do not specifically forbid slavery,
but its prohibition is implicit in other rules. The second Additional
Protocol of 1977 includes a ban on slavery in civil wars. The prohibition
of slavery is also regarded as a rule of customary law applicable
in all conflicts. The statute of the International Criminal Court
lists enslavement and sexual slavery as crimes against humanity.
But the UN’s antislavery efforts have not been robust. Member
States demonstrated little appetite for projecting force in order
to stop slavery and slave-like practices that occurred during civil
wars. And when international criminal courts handed out indictments
after wars ended, charges of slavery were few and flimsy.
On March 1, 2006, in his last appearance before the International
Criminal Court (ICC), Slobodan Milosevic accused the Kosovo Liberation
Army of “white slave trading.” The charge was true and
also hypocritical, since it was on Milosevic’s watch that
the Serbian army had established the internment camps where the
forced labor and killing of Bosnian Muslim men and the mass rape
of Bosnian Muslim women took place. But no high Serb official has
been convicted of enslavement.
Take the case of Milorad “Mico” Krnojelic, the director
of the notorious KP Dom concentration camp in the Bosnian town of
Foca. Mico oversaw the illegal imprisonment—and in many cases
torture, murder and enslavement—of over 760 Muslim and other
non-Serb civilians. Mico’s guards forced dozens to work, under
threat of solitary confinement or worse, on the front lines.
The International Criminal Tribunal for the former Yugoslavia (ICTY)
charged Mico with enslavement of the prisoners. While Mico was sentenced
to fifteen years for murder and torture, and while other Serb officers
were convicted of enslavement, prosecutors failed to prove he gave
the orders, and he was acquitted of slavery charges.
The international criminal justice system faced another challenge
when former Liberian president Charles Taylor was transferred for
trial in The Hague. Between 1998 and 1999, rebels sponsored by Taylor
brought chaos to neighboring Sierra Leone. Massacres and amputations
sparked international outrage, but forced conscription, forced labor
and sexual enslavement were equally destructive atrocities. Boys
were forced to bear arms. Girls were captives in sex slave camps.
In some cases, their ordeals continued for years.
In 2003, Taylor was charged with enslavement and sexual slavery,
crimes against humanity under the Statute of the Special Court for
Sierra Leone. With his trial due to start shortly, his conviction
is far from certain.
Back in Sudan, one day in 1992, Yah’ia Muhammed’s elderly
mother, a humane woman who often cried when she saw her son beat
the slaves, brought Aweng some water. “My son is going to
kill you today,” she said. “He is bringing in fresh
slaves who will work harder.”
Aweng ran to a neighboring village. There, when Muhammed’s
overseers came looking for her, a free Dinka family hid her under
a plastic sheet in their mud and straw tukul. When the war ended
eleven years later, she was finally able to return to her smashed
home in southern Sudan, where I found her in May 2003. In Sudan,
slave-raiding ended with the peace agreement in the North-South
war. But thousands of abducted people are still held in bondage.
Sudan, like every other country in the world, is a signatory to
the international conventions on slavery; and slavery is a crime
under Sudanese law. Complicity at the highest levels of the government
and the military-security apparatus is clear. But no one in Sudan
has ever been charged with enslavement, let alone convicted.
(See sexual violence: enslavement,
child soldiers.)

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