Sudan: Sudanese authorities continue to crack-down on free press and freedom of expression

(25 September 2022) The African Centre for Justice and Peace Studies (ACJPS) has documented several incidents where Sudanese authorities have interfered with the exercise of media freedom and free expression in the months of September 2022. On several occasions, the authorities attacked and/or judicially harassed journalists during the course of their work. In this brief, ACJPS also documents the election of members of the Sudanese journalist Association in August 2022.

ACJPS reiterates its calls to the authorities of Sudan to end harassment of journalists, and fully guarantee press and media freedom as provided in the Constitutional Document of 2019, as well as international and regional human rights treaties to which Sudan is a state party. ACJPS urges the Government of Sudan to prioritize reform of media laws within the country to adhere to regional and international standards to which Sudan has committed, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.

Election of members of the Sudanese Journalists Association secretariat. 

After thirty-three years, on 29 August 2022, the Sudanese Journalist Association electoral committee headed by Mr. Feisal Mohamed Saleh, the former Minister of Culture and Media announced the results of the election that started on 22 August 2022. They announced 39 winners, and they were requested to join the chairperson of the association, Mr. Abdul Monim Abu Idris who was announced winner on 24 August 2022. Prior to this, there have been efforts made by acting association chair, Mr. Sabah Mohamed Adam a journalist and human rights defender along with other members since 2020 for the reform of the association. They reviewed the record lists of Sudanese Journalist and developed a regulation for the association so as to clean/delete the names included during the past régime because of their affiliation with the National congress Party. Many of the names were people in public service and other institutes like regular forces. It’s the great work made by the primary association that led to the peaceful and successful election despite the attempts by the affiliates of the NCP to ruin the process by claiming some positions.

Following the 25^th October, 2021 coup, there were falsehoods on social media platforms about the election and law suits by some NCP journalist in the high court to stop the election. On 27^t August 2022, the executive council of the Association held its first meeting led by Mr. Abdul Monim Abu Idris as the chair.

The names of the Sudanese Journalist association secretariat members are;

1. Abdul Monim Abu Idris – chairperson

2. Shawgi Abdul Aziz (m)
3. Tariq Abu Shora (m)
4. Walled Elnoor (m)
5. Mohamed Abdul Aziz (m)
6. Ali Aldali (m)
7. Osman Alasbate (m)
8. And Hameed Awad
9. Tariq Osman (m)
10. Lubna Abdullah (f)
11. Aida Gises (f)
12. Rwgia Waraq (f)
13. Hanim Adam (f)
14. Awad Had shed (m)
15. Mubarak Ali Wad Alsama (m)
16. Yousef Hamad (m)
17. Ahmed Fadul Ahmed (m)
18. Youssef Sraj Eldlien (m)
19. Rehab Fadul Alsyed (f)
20. Nidal Osman Ajeeb (f)
21. Agil Ahmed Naien (m(
22. Eman Fadul Slayed (f)
23. Nasur Eldlien Alfadlabi (m)
24. Mahasin Ahmed Abdullah (f)
25. Mohanad Bakri (m)
26. Osama Ibrahim Abu Shanab (m)
27. Thana Abdien (f)
28. Nuha Mustafa Karar (f)
29. Tahir Mutasim (m)
30. Allah Eldlien Babikir (m)
31. Khalid Fathi (m)
32. Haytham Osman Did Ahmed (m)
33. Mohamed Ibrahim Alshinawi (m)
34. Sara Taj Eldlien Abbas (f)
35. Muahib Ibrahim (f)
36. Mohamed Jadein (m)
37. Shadi Nadir (m)
38. Mashair Osman Daraj
39. Mohamed Mutasim Alsawi
40. Mohamed Salah Muhi Eldlien

Cases of attacks against and judicial harassment of journalists.

Sudanese authorities continue to harass made make it difficult for journalists to do their work in Sudan.

On 12^th September 2022, the court of Khartoum North dismissed the case and closed the file against Mr. Ibrahim Nogd Allah a Sudanese professional Photographer. The case was filed by a policeman against Mr. Ibrahim and he was charged with Public Noise and disturbance of Public Peace and photography of  Military areas  under articles 77, 69 and 57 Sudanese Penal Act, 1991.  The case was recorded under No. 9454 -2022.

Mr. Ibrahim was arrested by military officers in Khartoum next to the new bridge that links Khartoum and Omdurman South through Abu Seed locality in the evening of 17^th July 2022 after a rally. He was handed over to Police forces who proceed to file and register a case against him. The case was forwarded to Khartoum North Criminal court on 18^th August 2022.  The court then dismissed the case because of absence of the complaints and ordered that the officers return Mr. Ibrahim’s cameras that were confiscated during his arrest. Mr. Ibrahim is a professional Photographer who is very active in rallies coverage. On 18^th February,2022 he took three photos of a Sudanese Military Soldier while he was pointing his automatic gun in shooting position and targeted a bare-chested young protester in Khartoum. He published the photos and received threats through phone calls and a motorcycle trialed him for 2 days.

On 13^th September 2022, in a separate incident, Police forces targeted two journalists and distracted them from covering a rally in Khartoum. The first case was of Hussein Hennery a Sudanese Journalist who was obstructed using a tear gas canister that was thrown at him while he was covering the rally. This made it difficult for Mr. Hennery to do his work and thus moved away from the location.

The second case is that of Ms. Amira Saleh Sudanese Journalist working for Altar Sudan website. She was arrested by police in Khartoum while she was covering the 13^th September 2022 rally. She was subjected to torture by police forces as she was beaten using sticks. She was later released on the same day after the rally had ended and no charges placed against her.

On 7^th September 2022, Radio FM 100 broadcast in Khartoum banned Ms. Aayah Alsabag from her radio show for 7 days for hosting three members of the Journalists Association during the previous episode. Her supervising manager Ms. Lyla Awad argued that her program is social nature and she was not supposed to discuss political issues. This goes to show the discrimination in media coverage post 25^th October Coup in Sudan.

On 10^th September the security department of Khartoum International airport in Sudan filed a criminal case against Blue Nile T.V presenter Mr. Amjad Noor Eldien. He was charged under Sudanese Penal Code, 1991. During the show discussed he discussed the quality of services at Khartoum International airport and presented full video of the situation depicting poor service and the plight of the public. Mr. Amjad was arrested and released on bond later that evening from a police station in Khartoum.

On 7^th September 2022, the acting Sudanese Minister of Education Mr. Mahound Sir Alkatem made statement on Blue Nile T.V while he was on a show talk that the ministry of Education will cancel all the amendments made in education courses during Sudan transitional period (before 25^th October Coup) in primary level i.e classes from 1 to 5. He added that the amendments made during the period of former Prime Minister Dr. Abdullah Hamdook with aims of reforming of the education courses in Sudan with financial support from World Bank will not be implemented. The 25^th October 2021 Coup in Sudan dismantled the efforts made to reform institutions in the country during brief transitional period between August 2020 to 24^th October 2021.

On 10 September 2022, ACJPS documented  the judicial harrassment of Mr. Saif Eldien who was arrested, tortured and charged with defamation over a social media post.

Draft amendments on press, publications, broadcasting and access to information laws were made before the 25th October coup 2021. The ministry of culture and media played a big role in drafting proposals of the law. The situation however changed after the coup and thus halted many efforts of progress that had been made by the transitional government. Although the draft proposals were imperfect, it was a step in the right direction.

The military regime has suspended many important institutions such as parliament and the constitutional court thus making legal reform extremely impossible. In the absence of the parliament/legislature, the legislative council took over and assumed the important role of comprehensive legislation in a manner which does not conform to the overall institutional reform.

Additionally, the absence of the constitutional court, an important institution hinders the process of legal reform because the judiciary ensures and monitors the separation of powers of the three arms of government. For example, due to the absence of the parliament and constitutional court in Sudan, the power of the legislative council metamorphosed into the executive and the sovereign council. The legislative council assigned/appointed only 30 members of sovereign and executive council to perform the duties of 300 members of the parliament ignoring the qualitative and the quantitive differences and the limited political views that come as a result of the political partnership/affiliation with the military, civilians, armed movements and other political blocks based on the 2020 Sudan peace agreement.

The functions of the Sudanese constitutional court during the former regime were influenced by the political forces. The political interference came as a result of the 2005 comprehensive peace agreement which enshrined the division and distribution of the court’s seats between the parties of the agreement. Therefore, this meant that the laws passed were not constitutional but rather politically leaning. Although the 2005 constitution provides that State must oblige with all international and regional treaties that she has ratified, this has not been implemented.

The provisions of some Sudanese laws are in conformity with the 1998 constitution which is politically known as “Eltawali constitution” (Affiliation Constitution). This situation would put the transitional government in conformity with the former regime’s political agenda and ideological laws. Bearing in mind that the former regime was characterized with violation of rule of law. It also employed the law to criminalize political opponents by applying cruel and degrading punishments, confiscating freedoms and contradicting the main role of the law and reform. The laws that provided for freedom of expression during the former regime like the press and publications law and informatics crimes law of 2007 are clear examples.

We therefore should take advantage of the transitional period to make comprehensive institutional and legislative reforms and raise awareness on the international conventions and disseminate the culture of human rights violations and impunity implanted by the former regime by; creating a divide among different sectors a divide and rule tactic to gain control, restriction of freedom of expression in the public and the digital spheres.

The basis of the press and publications law as well is provided for under article 19 of the international declaration of human rights on freedom of expression and other protocols protecting journalists as international obligations framework. Freedom of expression is not only limited to the hard copies of the press and publications but also extends to electronic mediums. Reform does not mean duplicating policies of the former regime but rather a reform process has to be strategic.

Conclusion

It is safe to say that currently there is no law that guarantees freedom of the media. The media does not have a safe and open environment in which they can exist independently and free from censorship and harassment. Attempts to pass laws to protect the media were cut short by the coup which then suspended the legislature and the constitutional court.