African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(4 April 2022)
The African Commission on Human and Peoples’ Rights (the Commission), meeting in its 70th Ordinary Session, held virtually from 23 February to 9 March 2022
Recalling its mandate to promote and protect human and peoples’ rights in Africa, in accordance with Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter)
Recalling the relevant provisions of Decisions AHG/Dec.141 (XXXV) and AHG/Dec.142 (XXXV) on Unconstitutional Changes of Government, adopted by the 35th Ordinary Session of the Assembly of Heads of State and Government, held in Algiers, Algeria, from 12 to 14 July 1999, and Declaration AHG/Decl.5 (XXXVI) on the Framework for an OAU Response to Unconstitutional Changes of Government, adopted by the 36th Ordinary Session of the Assembly of Heads of State and Government, held in Lome, Togo, from 10 to 12 July 2000;
Bearing in mind the obligations of the Republic of the Sudan as a Member State of the African Union (AU), and as a State Party to the African Charter and the African Charter on Democracy, Elections and Governance (African Charter on Democracy);
Bearing in mind also Article 23 of the African Charter, which guarantees the right of all peoples to national and international peace and security
Recalling its previous resolutions on the human rights situation in the Republic of Sudan, notably ACHPR Res. 444 (LXVI) 2020, and ACHPR Res. 510 (LXIX) 2021
Recalling its Statement of October 27, 2021, on the Coup d’Etat of October 25, 2021, in the Republic of Sudan and its Statement of November 26, 2021, on the Deterioration of the Human Rights Situation in the Republic of Sudan following the Coup d’Etat of October 25, 2021;
Recalling Communiqué No. PSC/PR/COMM.1041(2021) of the Peace and Security Council of the African Union, adopted at its 1041st meeting held on 26 October 2021, in which the Council suspended the participation of the Sudan in all the activities of the African Union, following the military takeover
Noting the statement of the United Nations Security Council (SC/14678) of 28 October 2021 on the situation in Sudan, as well as the Resolution (A/HRC/S-32/L.1) of 5 November 2021, adopted by the 32nd Extraordinary Session of the United Nations Human Rights Council on the situation in Sudan
Deploring the failure of the agreement signed on 21 November 2021 between the Prime Minister previously dismissed during the coup d’état and the army, restoring him to his functions; and noting further that this failure is totally consummated by the resignation on 2 January 2022 of Prime Minister Abdallah Hamdok, having failed to form a civilian Government and having drawn the consequences of the serious disagreements between the parties involved on the continuation of the transition process;
Concerned by the lack of a clear framework for the transition process launched in August 2019 and the absence of a minimum agreement between the stakeholders, particularly between the Army and political actors as well as civil society
Noting that almost daily demonstrations are taking place in Sudan to protest the October 25, 2021 coup and any resulting militarized power
Concerned by reports of the continued excessive use of force by the security services, including the military, which has resulted in at least 82 deaths and serious injuries to many demonstrators to date
Concerned also by credible reports of numerous cases of cruel, inhuman and degrading treatment of political and other detainees, of whom there are reportedly at least 400 languishing in detention facilities in Sudan;
Noting that the arbitrary arrests, the repression and the atmosphere of terror seem to be taking place without the knowledge of relevant observers, due to the restrictions on the means of information and communication;
Concerned that this situation results in the continued and serious violation of virtually all human rights protected by the Charter and all other fundamental human rights instruments to which Sudan is a party; notably, the violation of the right to life, respect for the inherent dignity of the person, the right to liberty and security, the right to freedom of movement, the right to information, including the right to express and disseminate one’s opinions, freedom of assembly, the right to property, the right to education, the right to health and others;
Noting the various initiatives of the International Community to help resolve this major socio-political crisis with disastrous consequences on the human rights of the Sudanese people, including that of the Chairperson of the African Union Commission who paid a working visit to Sudan on 12 February 2022;
Reaffirming its commitment to the promotion of democracy in Africa and recognizing that good governance, transparency and respect for human rights are essential principles that contribute to peace and development in Africa; and in accordance with the African Charter on Democracy, Elections and Governance
Reaffirming further all the human rights guaranteed by the Charter, in particular those protected in Articles 4, 5, 6, 9 and 11 of the African Charter, which guarantee the right to life, respect for the inherent dignity of the person, the right to liberty and security, the right to freedom of movement, the right to information, including the right to express and disseminate one’s views, and freedom of assembly;
The Commission reiterates:
I. Its condemnation of the coup d’état of October 25, 2021, which overthrew the transitional government led by Prime Minister Dr. Abdallah Hamdok, the suspension of the transitional institutions and the imposition of a state of emergency in violation of the 2019 Constitutional Declaration of Sudan and the provisions of the 2020 Juba Peace Agreement
II. Its condemnation of the deteriorating socio-political situation in Sudan;
111. Its condemnation of the continued violations of human rights and fundamental freedoms perpetrated by the military since the October 25, 2021 coup, in particular the use of violence to stifle public demonstrations, which resulted in the death and injury of dozens of demonstrators, torture and cruel and inhumane treatment of political detainees, sexual violence, politically motivated dismissal of civil servants, blocking of the internet, and the closure of newspapers and television stations
IV. Its condemnation of the arbitrary arrests and incommunicado detention by the Sudanese army of hundreds of politicians and pro-democracy activists, including cabinet members, senior national and regional officials appointed by the transitional government, and leaders of the resistance committees, and calls on the Sudanese army to immediately and unconditionally release all those arbitrarily detained since 25 October 2021.
V. Its call on the Sudanese authorities to respect the right to life, freedom of expression, association, and peaceful assembly of the people, and to ensure the personal safety and security of journalists while fully lifting restrictions on access to the Internet and information platforms, which will allow the Sudanese people to freely receive and disseminate information;
VI. Its call to investigate all cases of human rights violations recorded and ongoing since the occurrence of the October 25, 2021 coup and to provide redress to the victims, while avoiding impunity for these acts;
vii. Its call to the Sudanese parties to restore constitutional order and above all to protect the rights of the Sudanese people in accordance with the country’s national and international human rights obligations;
viii. Its call to the international community, particularly the African Union, the Intergovernmental Authority on Development (IGAD) and the United Nations to pursue efforts to bring stability to Sudan or risk plunging the Horn of Africa into a situation of serious insecurity.
Done virtually on March 09, 2022
