Humanitarian Aid Commission using its power to frustrate the work of non-governmental organizations in Sudan

(16 February 2023) African Center for Justice and Peace Studies (ACJPS) expresses deep concern over the unlawful and unjustified actions taken by the Humanitarian Aid Commission (HAC) to frustrate operations of Non-governmental Organizations (NGOs) in Sudan. ACJPS reiterates its calls to Sudanese authorities to end practices that restrict civic space.

We further call upon authorities to:

• Reduce the bureaucratic impediments imposed on NGOs;
• Allow NGOs to operate independently with minimal government control;
• Cease the intimidation and mobilization of popular anger and discontent against NGOs.

On 9 February 2023, the HAC Commissioner in Blue Nile, Mr. Ramadan Yassin Hamad suspended the operations of Medicines Sans Frontieres (MSF) in Blue Nile alleging that the organization failed/refused to implement the recommendations made by the HAC regarding outdated medicines. However, on 10 February 2023, there was another decision by Mr. Hamad cancelling the said suspension following a meeting between MSF and Minister of Heath (MoH).

ACJPS would like to applaud/commend MSF for the work they have done in Sudan since 1978 some of which include the following:

• In Sudan’s Blue Nile state, when clashes erupted, MSF teams supported Al-damazin Teaching Hospital with donation of medical wound care kits.
• MSF also works together with the MoH to support patient management with staff and medical supplies.
• At least 97,000 people have been displaced within the Blue Nile state and into neighboring states following the conflict in since July. About 34,000 people took shelter in schools in Ar Rusayris locality and Al-damazin town. MSF visited the displaced people hosted in schools in Al-damazin locality and provided support such as provision of water and mobile clinics for the displaced population.
• MSF has also been working in Al-damazin Teaching Hospital since 2021 running a nutrition program.
• MSF also donated medical supplies to the volunteers who provide medical services for the IDPs in the community in Genis and in Ar Rusayris.

Other developments

On 26 January 2023, HAC in Blue Nile Region relied on the Council of Ministers resolution No: 3/2023 and announced new fees relating to the registration and renewal of licenses of national and international Organizations as follows:

1. 100,000 Sudanese Pounds (an equivalent of 105 US Dollars) for registration of national NGOs and 50,000 Sudanese Pounds (an equivalent of 88 US Dollars) as annual renewal fees.
2. 600,000 Sudanese Pounds (an equivalent of 1,050 US Dollars) for registration of International NGOs and 400,000 Sundanese Pounds (an equivalent of 702 US Dollars) as annual renewal fees.
3. 50,000 Sudanese Pounds (an equivalent of 88 US Dollars) for registration of the grassroots NGOs and 20,000 Sundanese Pounds (an equivalent of 35 US Dollars) and annual renewal fees.
4. An additional 500,000 Sundanese Pounds (an equivalent of 877 US Dollars) as Supervision fees for INGOs and 5% of the total amount of the technical and Projects agreements.

On 6 February 2023, at around 08:30am, two affiliates of the former National Congress Party Mr. Mohamed Saidnah and Auhaj interrupted the opening session of “Regional Support of Constitutional process” workshop that had attendees from the states of East Sudan including Red Sea, Kasala and Algadarfi. The workshop was organized by Max Plank Foundation (MPF) at Alturifi hotel in Kasala State. The facilitators included Sudanese PhD holders and judicial officers from both Kasala and River Nile States. Participants included representatives from Sudanese official forces, Sudanese Judiciary, the Attorney General, Secretary General of Kasala State, civil society organizations, political party leaders among others. Mr. Saidnah uttered statements like “I will not allow the foreigners to interfere in national issues, it is unfortunate that Sudanese issues are being discussed by NGOs and foreign Embassies. I will not allow this to continue, and we will stop it”. He went ahead and called upon the “real” Sudanese people to support his “vision”. He also insulted the participants when he allegedly stated that their involvement in the workshop is driven by their personal interests. ACJPS was informed by a reliable source that the hotel where the event was held had earlier received communication from Kasala State Security Committee ordering them cancel the event. Reasons for such an order were not given.

On 26 October 2022, HAC in Blue Nile suspended the operations of Kafa Development Organization. The organization had earlier organized a mission trip where they were joined by human rights photographers like Mr. Abbas Mohamed Abbas and Hani Alsadiq.

On 24 October, 2022 a road block was mounted on one of streets of Alrabea neighborhood in Al-damazin. Mr. Abbas Mohamed Abbas was stopped and checked and when they noticed that that he was in possession of cameras, he was threatened. Fortunately, he was not arrested because he belonged to the Hausa tribe however, the cameras were confiscated and taken to military intelligence offices. Mr. Abbas was forced to flee from Blue Nile because he was targeted by military intelligence. On 5 January 2023, military intelligence returned the cameras that were earlier confiscated.

On 3 October 2022, HAC offices in East Darfur State discontinued the operations of Landa Organization. According to the letter issued by HAC commissioner in East Darfur Mr. Mohamed Ahmed Mohamed Eisa, the decision to close down the organization was as a result of a recommendation by the HAC investigation committee after it has looked into a report submitted by Central Detectives Police on 27 September 2022 following charges of dealing in Alcohol under Article 79 of the Sudanese Penal Code, 1991 vide case No. 6171/2022 against the organization.

Background

The Voluntary and Humanitarian work (organization) Act, 2006 law that was enacted after Compressive Peace Agreement, 2005 (CPA) signed between the Sudanese Government and Sudanese People Liberations Movement (SPLM). The law gives HAC vast powers without supervision take an example of the HAC has the power to be involved in NGO activities such as workshops. During Al-Bashir regime, HAC was under control of National Security and Intelligence Service (NISS) and during the transitional period HAC was under the control of the military intelligence. This means that the Commission is under government control which only makes it difficult for the organizations to operate in Sudan. For example, in December 2020 and January 2021 a number of international NGOs and researchers were denied permission/authorization by the minister of media and culture to travel to Darfur following incidents in West Darfur camp.

In Blue Nile region, military intelligence returned with ammunitions despite the fact that the region earned a self-governing status given under the Sudan Peace Agreement 2020. The agreement allows the region to create it is own resolutions without supervision by Central government/authorities in Khartoum. Due to the deterioration of the economy after the 25 October 2021 coup in Sudan, the Sudanese Ministry of Finance and labour increased the general taxes and registration fees for NGOs. This clearly shows attempt by the Sudanese Central government and Blue Nile authorities to frustrate NGOs even though they play a very big role in Sudan.

ACJPS has documented several incidents where the HAC has frustrated the work of NGOs and contributed to the shrinking civic space in Sudan. On 20 October 2022 HAC suspended  the operating license and ceased property of Sudanese Consumers Protection Society (SCPS). ACJPS also documented another incident in Khartoum where police detectives raided an art gallery during an exhibition hosted by a human rights defender on 20 October 2022 at the Sudanese Civil Lap.  Several guests were arrested and detained.