Urgent appeal to the African Commission on Human and People’s Rights to intervene in the violent armed conflict in Sudan

4 May 2023

The Chairperson, Honourable Remy Ngoy Lumbu

The Commissioner on Sudan, Mr. Hatem Essaiem

Re: Urgent appeal to the African Commission on Human and People’s Rights to intervene in the violent armed conflict in Sudan

Dear Excellencies,

The African Centre for Justice and Peace Studies (ACJPS) write to you to express our concern and request your urgent intervention in the violent armed conflict in Sudan.

On 15 April 2023, explosions and gunfire were heard as violence erupted in Khartoum between the Sudanese Armed Forces (SAF) under the command of the Chairperson of the Sovereign Council, General Abdel-Fattah al-Burhan, and a paramilitary group, the Rapid Support Forces (RSF), commanded by General Mohamed Hamdan Dagalo (also known as “Hemedti”) who is also General al Burhan’s deputy. Fighting has since spread to other cities including Darfur region, Eastern Sudan, Kordofan states and Northern state.

According to a report by the United Nations, the death toll is estimated to be over 400 civilians while thousands are injured. The actual figures are likely to be much higher because most hospitals especially in Khartoum have been forced to close, and civilians injured in the crossfire cannot be rescued. 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. Reports show that intensive care patients are dying as they are not being attended to as well as patients with terminal illness.[1] Millions of people are still trapped in their homes without access to water and electricity. Banks have closed, and telecom mobile money services have been severely restricted, limiting access to cash, including salary and remittances.

There has been reported looting and militarisation of homes and offices of civilians by both parties to conflict.[2] The RSF personnel are taking control of and occupying private houses and buildings including residences of international staff of the United Nations and International Non-governmental Organisations (INGO) in Khartoum. These premises are then converted into their operational centers in the midst of on-going combat operations. This remains a concern and contributes to the escalation of risk levels of collateral impact on UN and INGO personnel. Several buildings and residences of UN personnel have already been impacted by projectiles and stray bullets in Khartoum.[3]

Additionally, the trend of criminality targeting UN and humanitarian personnel has also emerged in Khartoum and other regions of the country particularly in Darfur. There are incidents of intrusion and looting of UN and INGO premises by uniformed armed personnel allegedly RSF, abduction of two male INGO experts who were later released and attempted sexual assault on a female INGO expert in Khartoum. All these incidents are indicative of the exponentially increasing risk against UN and INGO personnel in the country.[4] Unidentified people have also taken advantage of the conflict and looted markets and factories. [5]

The military authorities have threatened freedom of expression and access to information. 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.[6] On 22 April 2023, consumers were unable to access services from Sudani Telecommunication Company but it was restored on 25 April 2023.[7] Additionally, Zain telecommunication company services became very slow during the night of 22 April 2023 due to the damage caused by the bombing resultantly effecting some servers. In evening of 21 April 2023, RSF took over Omdurman National Radio and interfered with the broadcast with coverage only within Khartoum State.[8] The Sudan National Television building is presently under the control of RSF and its broadcast is out of service.

Several ceasefire agreements between the parties have not been honoured. Local leaders have since intervened in negotiating for a ceasefire and ensuring that it is observed. In North Darfur, the governor, Mr. Nimir Abdul Rahman advocated for a cease fire agreement. The agreement was announced following a series of meetings between SAF, RSF and a committee comprising of popular figures in Elfashir city. The parties also resolved to deploy police officers to guard the markets and the forces of Sudan Peace Agreement, 2020 to guard the other areas in Elfashir city. The agreement stipulated that armed SAF and RSF officers are not to be allowed in the market. By 20^th April 2023, there had been a decrease in gunfire exchange between the two parties in Zalingi city. This was mainly attributed to the presence of a committee comprising of public figures that has engaged both SAF and RSF in talks towards a ceasefire agreement. On 25 April 2023, the West Darfur Native Administration, youth leaders and other community leaders came together and agreed to observe the security in West Darfur without involving any of the parties to the conflict.[9]

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 and the commissioner on Sudan is crucial. We therefore urge the ACHPR to reiterate to the Sudanese military authorities that all Sudanese have the inherent right to life. We further urge the ACHPR to:

• Condemn all human rights violations committed by the conflict parties, including violence against civilians, sexual violence, and forcible displacement.
• Investigate human rights violations and abuses committed during the conflict.
• Provide recommendations on how to address the conflict’s root causes.
• Advocate for accountability for human rights violations committed during the conflict.
• Intervene and deploy observers to ensure that the parties honour ceasefire agreements signed in different states.

We also urge the Commission to call on the SAF and RSF to:

• Uphold the rights of civilians, including their right to life.
• 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 partners to find a lasting solution to the conflict. This is essential to ending the violence and ensuring peace for the people of Sudan.

[1] ACJPS, Update on the armed conflict in Sudan: Continued killing and injuring of civilians, looting of private homes, release of prisoners, violation of freedom of expression and others (30 April, 2023) https://www.acjps.org/update-on-the-armed-conflict-in-sudan-continued-killing-and-injuring-of-civilians-looting-of-private-homes-release-of-prisoners-violation-of-freedom-of-expression-and-others

[2] Ibid

[3] Update on the armed conflict between Rapid Support Forces and Sudanese Armed Forces in Sudan (23 April, 2023) https://www.acjps.org/update-on-the-armed-conflict-between-rapid-support-forces-and-sudanese-armed-forces-in-sudan/

[4] Ibid

[5] Ibid

[6] Ibid

[7] Ibid

[8] Ibid

[9] Ibid