African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
8 May 2023
Honourable Commissioners and distinguished delegates,
The Open Society Foundations Africa and the African Centre for Justice and Peace Studies brings to your attention the ongoing violent armed conflict in Sudan between the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RSF). The violence broke out on 15 April 2023, as a result of rising tensions between General Abdul Fatah Al-Burhan, SAF’s high command and Chairperson of the Sudanese Transitional Sovereign Council, and his deputy, General Mohamed Hamdan Dagalo, also known as Hemitte, the RSF Commander. The conflict has led to widespread violence and human rights violations against civilians. As of 7 May 2023, at least 530 civilians had been killed including children and more than 4,900 others were injured according to the Sudanese Health Ministry. At least 860,000 people have been displaced and are facing extreme hardship without access to basic necessities.
In 2019, the RSF, which is comprised mainly of former Janjaweed militias responsible for gross human rights abuses in Darfur, joined forces with the SAF to overthrow Sudan’s long-time leader, Omar al-Bashir, leading to a civilian-military power-sharing government. On 25th October 2021, they jointly staged a coup d’état and dissolved the transitional government. Both factions used the pretext of political wrangling between civilian camps to seize full power. On 5 December 2022, both generals and 52 political and civilian leaders signed a Political Framework Agreement, which establishes a new transitional period. The Framework Agreement repeals the 2019 Constitutional Declaration and provides for the review of decisions issued after the October 25th 2021 coup. However, contentious issues, including security reform, were still being discussed.
High levels of tension re-emerged between General al-Burhan and General Dagalo, and subsequent negotiations on how to integrate the RSF into the SAF eventually led to clashes. The main reason behind the clashes was the lack of agreement on who would exercise ultimate control over the combatants. On April 13th, the mobilisation of RSF elements in the capital Khartoum and other cities made clear the risk of confrontation with the army. On 15th April 2023, the RSF issued a statement claiming control of the presidential palace and Khartoum International Airport, among other key locations. Since then, there have been clashes between the RSF and the SAF in several states.
Ceasefire agreements have not been honoured. On 2 May, both RSF and SAF agreed to a seven- day ceasefire starting 4th May 2023. However, by 7 May 2023, air raids and fighting continued in the capital of Khartoum where warplanes and explosions were heard overnight. On 5 May 2023, a delegation from both SAF and RSF left for the city of Jeddah for ceasefire discussions as part of a joint initiative by Saudi Arabia and United States.
The health care has been severely obstructed. Several health facilities are not functional and those that are functional and operational are hard to reach due to the restrictions of movements, lack of water and power, and the continuing gunfights made it difficult for health facilities to operate. On 24 April 2023, Doctors Trade Union executive committee announced that RSF had taken control of the National laboratory and that there is a risk of viral and disease spread. On 25 April 2023, a medical centre in Omdurman was bombed, fortunately there were no causalities. On 27 April 2023, Sudanese Doctors Association Executive Committee announced that RSF had taken control of Khartoum Hospital and chased away the medical personnel. Approximately 11 medical personnel have been killed and several others are missing since the outbreak of the armed conflict.
Freedom of expression and access to information has been threatened. On 15 April 2023, all telecommunication companies operating in Khartoum received letters from Sudanese authorities ordering them to disconnect the internet services from the public. However, only one company (MTN) hid to the order/instructions but restored the service the following day. On evening of 21 April 2023, RSF took over Omdurman National Radio and interfered with the broadcast with coverage only within Khartoum State. The Sudan National Television building is presently under the control of RSF and its broadcast is out of service.
Looting and militarisation of private homes and offices of civilians by both parties to conflict has been reported. The RSF personnel are reportedly taking control of and occupying private houses and buildings including residences of international staff of the United Nations and International Non-governmental Organisations (INGO). These premises are then converted into their operational centers. This remains a concern and contributes to the escalation of risk levels of collateral impact on UN and INGO personnel.
State of emergency has been declared in several states following the outbreak of the conflict. The broad powers under the Emergency law gives rise to serious concerns over arbitrary arrest and detention, ill-treatment and torture, and violations of the right to a fair trial, which are facilitated by the virtually complete absence of safeguards and judicial oversight.
Ladies and gentlemen,
Now a national, regional, and continental conflict, Sudan has become a global conflict and must be prioritized as such. The consequences of a disintegrated and war-ravaged Sudan is a direct threat to the stability of the Horn, the Great Lakes, North Africa and the Sahel. This represents almost the entire continent in land mass and populations. The fragility of the states that surround Sudan are at risk of the contagion of war in Sudan should a permanent ceasefire and lasting peace not be brokered immediately.
Honourable commissioners,
The ACHPR has an important role to play in contributing to the ending of the conflict and prevention of human rights violations: an early intervention on the part of the commission is crucial.
Recommendations
We call on the ACHPR to urge the both RSF and SAF to:
- Respect the human rights of the Sudanese people and adhere to the international humanitarian law rules governing armed conflict
- Ensure that humanitarian aid reaches those in need without hindrance.
- Immediately cease hostilities and engage in dialogue in order to find a peaceful solution to the crisis.
- Take responsibility for any actions that have resulted in harm to civilians or other parties involved in the conflict.
- Cooperate with regional and international partners to find a lasting solution to the conflict.
We call on the African Commission to:
- Condemn all human rights violations committed by the conflicting parties, including killings, injuring, sexual violence, and forcible displacement.
- Take immediate action to address the situation in Sudan by using its influence and resources to support efforts to address the root causes and end the conflict.
- Deploy observers to ensure that the parties honour ceasefire agreements signed in different states.
- Advocate for accountability for human rights violations committed during the conflict. It is essential that the Commission ensure that that all parties to the conflict are held accountable for their actions.
- Collaborate at the international and regional level to provide humanitarian assistance to the civilians affected by the war.
- Urge the AU Peace and Security Council to use its discretion under the AU Constitutive Act to protect civilians and to take proactive steps towards ending the war.
Thank you for your attention.
