African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(6 May 2019) The African Centre for Justice and Peace Studies (ACJPS) has documented a number of events that has taken place between 25 to 30 April 2019, as peaceful protesters in Sudan continue with their demand for a civilian-led transitionary council.
On 27 April, the transitional military council and opposition agreed on a joint council with a mandate of overseeing a transitionary period until a general election is held. On 25 April, three army generals in the transitional military council resigned following negotiations between the council and the opposition. The army generals have been accused of violently cracking down on protests since 19 December 2018.
On 24 April, the military council passed a resolution that adopts Sunday as a weekly holiday for Christian schools as opposed to Saturday. ACJPS received reliable information that the military council has formed a committee to review case files of 157 war prisoners and 250 border guard forces detained without trial since 2017.
On Tuesday 30 April, the African Union(AU) gave the military council an additional 60 days to hand over power to a civilian-led transitional authority. On 29 April, eight peaceful protesters were arrested and subjected to beating by the military in South Kordofan whilst in South Darfur, the acting governor issued an emergency Order criminalizing indecent dressing on the same day.
ACJPS reiterates its calls to the Transitional Military Council to;
- Respect citizen’s legitimate demands for democracy
- Restore and uphold the National Constitution
- Investigate and hold perpetrators to account for gross human rights violations that has taken place during al Bashir’s regime, including extra-judicial killings and torture that has taken place since 19 December 2018.
- Respect the rights to peacefully assembly, association and expression guaranteed in the Constitution and International treaties ratified by Sudan.
Formation of a joint transitionary council
ACJPS has received reliable information indicating that the transitional military council and the Alliance for Freedom and Change, an umbrella organization for opposition groups and protests leaders have agreed, in principle to form a joint council to run the country until a general election is held. According to a reliable source, the agreement was reached during a meeting between the two parties held on 27 April 2019 in Khartoum. Details on the composition of the joint council is still un known although the opposition are demanding for a civilian-led council.
According to reliable source, the Alliance for Freedom and Change are seeking for a civilian- led council with no or limited military representation, and have promised to maintain a sit-in until their demands are met, but the military council has shown no sign of willingness to relinquish ultimate authority. The two parties have also disagreed on the length of time for the existence of the council. The disagreement between the two parties prompted the Alliance for Freedom and Change to call for “a million strong” march on Thursday 2 May to assert their demand for civil rule.
The joint council, if formed will replace the existing 10-member military council that took control after the military overthrew President al-Bashir on 11 April 2019.
Resignation of three members of the transitional military council.
On 25 April, three members of the transitional military council resigned following negotiations between the military council and the Alliance for Freedom and Change. In a press conference held on the same day, the military council’s spokesman, Lieutenant general Shamseldin Kibashi confirmed that General Omar Zain al-Abdin, the council’s head of political committee, General Al-Tayeb Babakr Ali Fadeel and General Jalal al-Deen al-Sheikh submitted their resignations which are yet to be approved by the head of the transitional military council. The three army generals resigned after protests leaders demanded their dismissal and trial over their alleged roles in the violent crack downs on peaceful protests that has killed at least 99 people since 19 December 2018.
General Omar Zain al-Abideen and General Jalal al-Deen al-Sheikh have both served in the National Intelligence Security Service (NISS), a government security apparatus that has continuously acted with impunity in torturing dissidents in the country, including in the current protests. General Al-Tayeb Babakr Ali Fadeel, a former deputy director in the police encouraged the establishment of the public order police, who have often subjected women to corporal punishments of up to 40 lashes for violating Article 152 of the Criminal Act of 1991, which broadly prohibits “indecent and immoral acts”. This Article has been interpreted by the public order police to include prohibiting women and girls from wearing trousers and knee-length skirts and non- Muslim women from brewing alcohol.
AU extends deadline for the military council to cede power to a civilian-led authority.
On 30 April, the AU issued a third deadline in less than two months, to the military council to hand over power to civilians. The AU Peace and Security Council extended the deadline for an additional period of up to sixty days to enable the putting in place a civilian-led transitional authority. In the communication, the AU urged the military and the Sudanese stakeholders to continue working together towards urgently completing the negotiations and agreeing on the composition of a civilian-led transitional authority and to finalize all transitional arrangements, including modalities, duration and priorities of the transition, as well as legislative and judicial structures, that will lead to the restoration of constitutional order.
The first deadline was issued four days after al Bashir was ousted in which the AU gave the transitional military council an ultimatum of 15 days to transfer power to a civilian led political authority or else Sudan would be barred from taking part in the activities of the AU until the restoration of the constitutional rule. The second deadline of three months was issued on 23 April 2019 during a special AU summit in Cairo, Egypt.
Formation of a committee to review case files of war prisoners and border guard forces.
ACJPS has been informed by a reliable source that the military council has formed a committee to review the case files of 157 war prisoners and 250 border guard forces detained without trial since 2017. The border guard forces were detained during a Government-led campaign intended to disarm and collect firearms from civilians in Darfur whilst the war prisoners were detained since May 2017 during a clash between the Rapid Support Forces, the Sudan Liberation Army and the Transitional Council in Darfur region. ACJPS called for their release after General Abdel Fattah al-Burhan, head of military council released hundreds of political prisoners on 13 April 2019, a day after his appointment. Reliable information indicates that the committee will review the case files and advise the council on how to proceed with the cases.
A resolution by the military council to make Sunday a weekly holiday for Christian schools.
On 24 April 2019, the military council issued a resolution, making Sunday an official weekend recess day for Christians schools throughout Sudan and directed competent authorities to take necessary steps to enforce the resolution. The decision revokes an order by the Ministry of Education in 2017 that directed church schools to follow the Muslim week.
Traditionally, Christian schools in Sudan followed the Christian week whereby Sunday was considered a holiday until the 2017 order directed the schools to follow the Muslim week by observing the weekend on Friday and Saturday, and operating schools on Sunday. Christian-minority in the country have been long persecuted with wide spread harassments, arrests and demolition of churches.
Governor of South Darfur issues an emergency Order criminalising indecent dressing.
On 29 April, the acting governor of South Darfur, General Hisham Khalid issued emergency Order No.4. The Order which has been approved by the military council criminalises a number of things including indecent dressing. Violation of the Order amounts to severe penalties including; fines and imprisonment of up to three years. Indecent dressing has always been punished under Article 152 of the Criminal Act of 1991 that prohibits “indecent and immoral acts”.
Although the motive for passing this Order is not known, a reliable source has informed ACJPS that its intended to target and intimidate women, especially those participating in the ongoing protests. The passing of this Order raises much concern as it is an extension of the former era of injustice and degradation of women under al Bashir’s regime where states used local orders to undermine the rule of law and violate the rights of women.
Eight peaceful protesters arrested and subjected to beating in South Kordofan.
On 29 April, a group of military officers arrested eight peaceful protesters who had gathered in change square in Al dalang locality. According to reliable source, detainees were subjected to beating with sticks on different parts of their bodies, right from arrest until their detention at the military headquarters in Al dalang. These actions indicate that there are still some officers that continue to uphold the values of the former regime of Omar al-Bashir including use of violence and repression against peaceful protesters. All detainees were released after a few hours that same day. They include;
- Al- Zain Ahamed Aiz Eldien
- Mohamed Maki Sorain
- Yassin Marouf Zaki
- Abdil Rahman Abusin.
Background
The transitional military council was established on 11 April 2019 following the toppling of Omar al Bashir by the Sudanese army. The council has been mandated with overseeing a transitional period of two years, a proposal that has been strongly opposed by the opposition and peaceful protesters who have continued to demand for a civilian transitional council. The first head of the council, former defense minister under Bashir’s regime, General Awad Ibn Auf resigned hours after his appointment following resistance from opposition and protesters.
Opposition parties have continued to call for the resignation of all allies of al Bashir, including the deputy head of the military council, General Mohamed Hamdan Dagalo, also known as Hemeti. Hemeti is a former commander of the Janjaweed, an armed militia implicated in mass atrocities including war crimes and crimes against humanity that have occurred in Darfur since 2003. Other officers that closely worked with al Bashir have since resigned or have been replaced.
Protests broke out across Sudan on 19 December 2018. While initially focused on denouncing increases in prices of basic commodities, protests quickly developed into calling for the resignation of Omar Al-Bashir, leading to a violent response from security agencies, who did not hesitate to use teargas and live ammunition to disperse protesters. At least 99 people were killed, including at least 31 since April 6.
Thousands of Sudanese peaceful protesters have continued their sit-in outside the military headquarters in Khartoum to demand the transfer of power by the military to a civilian government.
Contact:
Mossaad Mohamed Ali, Executive Director, African Centre for Justice and Peace Studies ACJPS. (English, Arabic, Swedish): +46764325862
