African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
AFRICAN CENTRE FOR JUSTICE AND PEACE STUDIES
SUDAN HUMAN RIGHTS MONITOR
ISSUE NO. 1
MARCH-MAY 2009
Contents
Overview _______________________________________ 1
Political Developments ____________________________ 2
Darfur Political Process ____________________________ 2
International Engagement __________________________ 2
Law Reform _____________________________________ 3
Press Law_______________________________________ 3
Harassment of Human Rights Defenders_______________ 5
Arbitrary Arrest ___________________________________ 7
Freedom of Expression ____________________________ 9
Obstructions of Press Freedom ______________________ 9
Other Incidents ___________________________________ 9
Unfair Trials_____________________________________ 10
Freedom of Movement_____________________________ 11
Sexual and Gender Based Violence___________________ 11
Overview
January 2009 marked the fourth anniversary of the Comprehensive Peace Agreement (CPA) between Khartoum’s National Congress Party (NCP) and the southern rebel Sudan Peoples’ Liberation Movement (SPLM). That agreement set out a six year interim period during which it was envisaged that comprehensive democratic reform would be undertaken. With two thirds of the interim period passed, it had been envisaged that the package of legal reforms would have been implemented and that the country would be moving towards free and fair elections no later than July 2009.
In actuality, however, the period was dominated by increased tensions. Looming large over the entire period was the decision of the International Criminal Court on 4 March 2009 to issue an arrest warrant against Sudanese President Omar Al Bashir for charges of war crimes and crimes against humanity.
One immediate response to this development was the decision of the government to crack down on independent human rights and humanitarian organisations in Sudan. Although the CPA envisioned this period to be one of openness and democratic debate, in reality, the space available to political activists and human rights defenders has drastically diminished in this period. Government officials embarked on a campaign of threats and intimidation in an attempt to silence those supporting the ICC or accountability generally. Salih Gosh, head of Sudan’s National Intelligence and Security Service (NISS) was quoted as saying “we [the government] were Islamic extremists then became moderate and civilised believing in peace and life for everyone. However, we will revert to how we were if necessary. There is nothing any easier than that.”
On 8 March 2009, the Chief of the Police Forces Mohamed Nanjeeb Altayeb stated that “we will cut off the limbs of anyone that aims to undermine the sovereignty of the country.” He also threatened to force out of the country all those who supported the ICC, including Sudanese nationals, describing them as enemies of the nation. In addition, government sponsored media launched an intensive propaganda campaign against individuals who had supported the Court. Indeed, even former government ally and prominent opposition politician Hassan Al Turabi was arrested for expressing support for the ICC.
The government has arguably taken advantage of these developments to crackdown on any forces it sees as threats in the run up to the elections, now postponed until April 2010. Indeed, the government has not only shut down three of the most credible human rights organisations, it has stepped in to fill the gap with government-aligned organisations. Several of these government aligned organisations have been represented in recent sessions of the African Commission on Human and Peoples’ Rights and the Human Rights Council.
Political Developments
On 2 April 2009, the government of Sudan announced that elections would be postponed until February 2010. A number of reasons for the delay were cited, including delays in publication of the census results and in voter registration. The timetable has since been pushed back once again to April 2010.
In a critical first step towards the organisation of elections, census results were approved by the Sudanese presidency on 6 May. These results indicate that Southerners constitute about 8.2 million of the total national population of about 39 million. The results were questioned by the SPLM. The provisions of the CPA indicated that revenue sharing arrangements could be renegotiated if it were shown that the South had less than a third of the total national population. Of particular concern were figures in the census of the number of Southerners residing in the North. Previous estimates had put the figure at upwards of one million people, but census results reportedly include only about 500,000 people. Southern Sudanese President Salva Kiir Mayardit reportedly expressed discontent with the results, while the government of Western Equatoria State has called them “unrealistic” and “shocking.”
Darfur Political Process
On 20 March 2009, the Justice and Equality Movement (JEM) suspended talks with the government of Sudan in protest of the expulsion of 13 nongovernmental organisations. Talks resumed between 4 and 12 May 2009, when the parties reaffirmed their commitment to the 17 February agreement. A new round of talks began on 27 May, focussed on the military situation on the ground and outstanding issues such as prisoner exchange and cessation of hostilities.
In late April, forces of the Chadian armed opposition entered Chad from Sudan. Heavy fighting was reported in early May and the rebel forces were ultimately routed.
International Engagement
On 4 March 2009, the Pre-Trial Chamber I of the International Criminal Court issued an arrest warrant against Sudanese President Omar Al Bashir for war crimes and crimes against humanity in response to a 14 July 2008 request from the prosecutor, Luis Moreno Ocampo. The Pre-Trial Chamber excluded the charges for genocide which had been included in the prosecutor’s application, although the Prosecutor is appealing that ruling.
On 18 May 2009, Bahr Idriss Abu Garda, a rebel commander with the United Resistance Front, appeared before the court in response to a sealed summons to appear which had been issued ten days prior. Abu Garda’s appearance stemmed from his alleged participation in the 30 September 2007 attack on African Union troops at Haskanita.
On 3 and 4 April and 18 to 21 May, the African Union High Level Panel, mandated by the AU Peace and Security Council to examine how to balance competing needs of justice and peace in response to the Prosecutor’s application for an arrest warrant in July 2008, visited Sudan.
Sima Samar, the Special Rapporteur on the situation of human rights in the Sudan, visited Sudan for 11 days in May and June 2009. She noted that some improvements and some positive steps had been made by the Sudanese Government. But she remained concerned about a number of human rights issues in the country, such as arbitrary arrests, detention, and allegations of ill-treatment and torture by security forces, including the National Intelligence Security Service (NISS).
Ms. Samar also expressed concern about ongoing newspaper censorship and restrictions on freedom of expression for journalists and the political opposition. Ms. Samar stressed that the humanitarian and human rights situation in Southern Sudan was a concern, with several hundred civilians having been killed in clashes among tribes in Jonglei state. On Darfur, Ms. Samar pointed out that the “fluid and unpredictable” security situation had a “direct bearing” on the human rights situation in what she characterised as a “zone of conflict.” The Special Rapporteur has also called on the National Assembly in Khartoum to lift immunity from army members now provided for by law. But the National Assembly’s Human Rights Committee rejected Samar’s proposals.
In early April, new US Special Envoy for Sudan Scott Gration visited Sudan, focussing his efforts on reopening humanitarian access in the aftermath of the March expulsions of aid groups.
Law Reform
Legal reform is an important part of the reform envisioned by the CPA, but progress in this area has been slower than anticipated.
In December, the National Human Rights Commission Act was passed. Although passage of the law was a progressive step, the Commission has yet to be formally constituted or begin its work.
In addition, the controversial National Security Act has not yet been discussed and its revision is now scheduled for discussion in October.
Press Law
On 8 June 2009, after a long and contentious debate, the parliament passed a new media law. During the debate, the draft law was heavily criticized by human rights organizations:
• On 14 April 2009, the UK based non-governmental organisation Article 19 focussed on promoting freedom of expression issued a press statement criticising the draft law. Article 19 expressed serious concern about the draft law, indicating that it was incompatible with international standards on freedom of expression. In particular, the following shortcomings were highlighted:
o Printpressorganisationswouldbesubjecttoalicensingregime.
o JournalistswouldbeobligedtoregisterwiththePressCouncilbeforepracticing
their profession.
o Restrictionswouldbeimposedontheeligibilityofchiefeditors.
o National Council for the Press and Publications (the Press Council), the
regulatory body of the print press would not be independent, but rather
controlled by the President.
o The Press Council would be empowered to impose criminal sanctions for
violations of the law, although an administrative and regulatory body should not be empowered to carry out such functions.
•On 19 May, more than 50 Sudanese journalists protested outside the National Assembly in Omdurman against the draft law.
•On 21 May, the Paris based NGO Reporters Without Borders issued a press release jointly with Sudanese Parliamentarian Salih Mahmoud Osman, criticizing the draft bill.
o “Thelawinitscurrentformisunacceptable.Itdoesnotconformtotheinterim constitution and will form a serious impediment to the conduct of free and fair elections in 2010,” Salih Mahmoud Osman said.
o Reporters Without Borders added: “The state of press freedom in Sudan is already worrying and the adoption of this draft law in its current form would constitute a very serious step backward”.
•On 29 May, the US based Committee to Protect Journalists (CPJ), an NGO focussing on press freedom, issued a press release criticising the draft law.
o In particular, CPJ criticized provisions in the bill which would have granted the Press Council (eight of whose 21 members would be appointed directly by the president) unprecedented authority to:
This post is also available in: Arabic
