31 organisations call for a strong monitoring and reporting mandate on
Sudan
To Permanent Representatives of Member and
Observer States of the UN Human Rights Council
Geneva, Switzerland
4 September 2018
Re: Addressing the serious human rights and
humanitarian situation in Sudan
Excellencies,
We write to you in advance of the 39th Session
of the United Nations Human Rights Council to share our serious concerns over
the human rights and humanitarian situation in Sudan. We call upon your
delegation to support the development and adoption of a strong monitoring and
reporting mandate on Sudan under the Council’s agenda item 4. The resolution
should mandate a Special Rapporteur to monitor, verify and report on ongoing
human rights violations and abuses as well as violations of international
humanitarian law, recommend concrete ways to end them, and urge the Government
of Sudan to implement the recommendations made to it by UN human rights bodies
and mechanisms, including mechanisms mandated by the Council.
Our organizations are concerned about the suppression
of peaceful protests by government security forces with unlawful use of
excessive force, attacks on the media and impermissible restrictions on access
to information, targeting of various civil society actors including human
rights defenders, activists, journalists, bloggers and other dissenting voices
with threats, intimidation, harassment, arbitrary detention and trumped-up
criminal prosecutions, other restrictions on independent civil society, use of
torture and other ill-treatment by national security officials, and on-going
violations in the conflict areas of Darfur, South Kordofan and Blue Nile.
The recent decision to downsize UNAMID amidst
continuing fighting and attacks on civilians, including internally displaced
persons (IDPs)[1] is deeply troubling.
Recent attacks on civilians underscore the need for continued monitoring
of the human rights situation in Darfur.[2] For example, from 9 March – 2 April
2018, at least 23 civilians were killed and tens seriously injured when 12
villages were burnt to the ground during attacks in Eastern Jebel Marra between
the government forces and the Sudan Liberation Movement led by Abdelwahid al
Nur (SLA-AW).[3] Sexual violence continues with impunity.[4] On 19 December
2017, a 16 year old girl and a 19 year old woman were held at gunpoint and
raped repeatedly by six armed militiamen as they were out gathering firewood
three kilometres from the internally displaced persons (IDPs) camp in Nertiti
town, Central Darfur state.[5]
Following declaration of ceasefires by the
Government of Sudan and the two factions of the Sudan People’s Liberation
Movement /Army– North ( SPLM/A-N) led by Abdelaziz Adam El Hilu and Malik Agar,
the government has largely refrained from aerial bombardments and ground
attacks. Whilst there have been no reports of open hostilities between the
armed forces, monitors on the ground have reported incidents of looting of
property and abductions by armed militias allied to the Government of Sudan.
These incidents, which may amount to ceasefire violations, have contributed to
food insecurity and remain a serious concern for communities in South Kordofan
and Blue Nile.[6]
Sudanese authorities have also continued to
restrict basic freedoms of assembly and association through violent crackdowns
on peaceful protesters and other restrictions on civil society organizations
and on independent voices. Authorities have harassed journalists, human rights
defenders and opposition party members, including through arbitrary and
prolonged detention, sometimes in unknown locations, without charge and access
to their families and lawyers.[7] On 29 May 2018, Mr. Hisham Ali Mohamad Ali, a
human rights activist, was detained by the NISS upon arrival at the Khartoum
International Airport following his deportation from Saudi Arabia. Mr. Hisham
is still in detention without charge.[8] Authorities have continued to subject
detainees to torture and other ill-treatment in custody,[9] causing the death
of two individuals in two instances in
March and April 2018.[10]
The Government of Sudan has also imposed
restrictions on the movement of activists engaging in advocacy internationally.
In August 2018, two members of the Darfur Bar Association were briefly detained
and their passports confiscated in the Khartoum airport upon their return to
Sudan after they accompanied the Secretary General of the DBA, Abdelrahman
Elgasim, to the US to accept an award from the American Lawyers’ Association
for his work on behalf of human rights in Darfur.
Restrictions on the media continue, especially
during protests.[11] The national
security agency has continued to apply post-print censorship to daily
newspapers and prohibit chief editors from publishing on issues deemed
controversial or critical of the ruling party.[12]
Sudanese authorities also routinely repress the
human rights of women, including through public order provisions that
criminalize “indecent” dress such as wearing trousers. Ms. Winnie Omer, a
women’s rights activists based in Khartoum was first targeted on 10 December
2017, when the public order police in Khartoum arrested and charged her with
“indecent dress” a few hours after she attended a hearing of 24 women charged
with indecency for wearing pants during a private women-only party.[13]
Authorities have also relied on other repressive
laws and various forms of harassment, including sexual harassment, to target
activists. On 20 February 2018, Ms. Omer and three friends were arrested and
detained for five days before being released on bail. The group was accused of,
amongst other charges, prostitution, and Ms Omer and another female human
rights defender were threatened with “virginity testing”.
On 24 July 2018, eight additional charges
including crimes against the state were added to their case files. There has
been no explanation as to the basis for the charges; however the trumped-up
charges appear to be motivated by Omer’s activism.[14]
Authorities charged and sentenced to death 19
year old Noura Hussien for the murder of her husband in self-defense after he
attempted to rape her for the second time alongside three other men.[15] The
case raised serious concerns about Sudan’s imposition of the death penalty and
its gender discriminatory laws that allow forced and early marriage, marital
rape and weak victim protection measures, placing victims at risk of
prosecution.[16] The death sentence was later reversed and Ms. Hussein
re-sentenced to five years imprisonment and the payment of dia (blood money) to
her husband’s family.
Freedom of religion or belief continues to be
restricted in Sudan. On 11 February 2018, authorities demolished a Sudanese
Evangelical Presbyterian Church (SEPC) in El Haj Yousif, Khartoum North,
without notice.[17] The SPEC was one of 27 churches earmarked for demolition in
an official order signed in June 2016.
In July 2017, the Ministry of Education of Khartoum State issued an
order requiring Christian schools in Khartoum state to operate on Sundays and
take Friday and Saturday as their weekend, restricting their ability to observe
religious ceremonies on Sundays.
[18]
Given the downsizing of UNAMID, and the
continuing violations across the country, it is imperative that the UN Human
Rights Council take stronger action to ensure continued attention to the human
rights situation in Sudan. Resolutions adopted by the Council since it decided
to move consideration of Sudan from its agenda item 4 to item 10 have failed to
adequately reflect the situation on the ground and outline a meaningful path
for accountability and human rights reforms. At its 39th session, the Council
should adopt a resolution under agenda item 4 to:
Strengthen the special procedure mandate on
Sudan by extending it as a Special Rapporteur on the situation of human rights
in Sudan under item 4, with a mandate to monitor, verify, and publicly and
periodically report on violations and abuses of human rights and violations of
international humanitarian law in all parts of Sudan;
Publically urge the Government of Sudan to
implement the recommendations made to Sudan by UN human rights bodies and mechanisms,
including mechanisms mandated by the Council and the 2016 Universal Periodic
Review and to provide a mid-term report to the Council on concrete measures
taken to implement the recommendations made to it during its UPR that enjoy its
support, and the recommendations made by the Independent Expert during his 2017
report
Condemn attacks targeting the civilian
population and civilian objects in Darfur, South Kordofan, and Blue Nile, in
particular looting, destruction of civilian facilities, killings and sexual
violence committed by paramilitary forces and other Sudanese government forces,
which has led to forced displacement of civilian populations;
Urge the government of Sudan to allow
unfettered access by UNAMID, humanitarian agencies and concerned NGOs to all
parts of Darfur, South Kordofan and Blue Nile;
Urge the Government to ensure accountability
for excessive use of force against protesters, which caused civilian deaths
during crackdowns including in 2018 in El Geneina, West Darfur and Zalingei, Central
Darfur; in 2016 in El Obeid, North Kordofan and Khartoum; in 2013 in Khartoum
and Wad Medani; and in 2012 in Nyala, South Darfur and Al Jazeera.
Condemn the continued restrictions on the
media, on human rights defenders and political opponents, freedoms of
association and of peaceful assembly, and the use of arbitrary detention and
torture, as detailed;
Condemn the ongoing violations of freedom of
religion and repression of individuals based on their faith;
Call for the release of all those arbitrarily
detained by the NISS and urge the Government of Sudan to repeal the repressive
National Security Act of 2010, and all other legislation which grants
immunities to Government of Sudan agents and protection from criminal
prosecution.
We thank you for your attention to these
pressing issues.
Sincerely,
Act for Sudan
African Centre for Justice and Peace Studies
African Freedom Coalition
African Soul, American Heart
Alkarama Foundation
Al-Khatim Adlan Centre for Enlightenment and
Human Development (KACE)
Amnesty International
Arab Coalition for Sudan
Brooklyn Coalition for Darfur &
Marginalized Sudan
Christian Solidarity Worldwide
Darfur Action Group of South Carolina
Darfur and Beyond
Darfur Community Center of Maine, USA
DefendDefenders
Genocide No More — Save Darfur
Horn of Africa Civil Society Forum
Human Rights Watch
International Federation for Human Rights
Leagues (FIDH)
Investors Against Genocide
Massachusetts Coalition for Darfur
National Human Rights Monitoring Organisation
Never Again Coalition
Nuba Mountains Advocacy Group
Nubia Project
NY Coalition for Sudan
Stop Genocide
Sudan Democracy First Group
Sudanese Human Rights Initiative
Sudan Social Development Organisation (SUDO) UK
The MagkaSama Project, France
The Society for Threatened Peoples
[1] ACJPS, Attacks by Sudanese government forces on civilians in Jebel Marra
in South Darfur, 18 April 2018, available at:
http://www.acjps.org/attacks-by-sudanese-government-forces-on-civilians-in-jebel-marra-in-south-darfur/
[2] Human Rights Watch, Sudan: UN’s Planned Cuts to Darfur Mission Risk
Rights Protection, 18 June 2018, available at:
https://www.hrw.org/news/2018/06/18/sudan-uns-planned-cuts-darfur-mission-risk-rights-protection
[3] Ibid
[4] UN Special Representative of the Secretary-General on Sexual Violence in
Conflict Ms. Pramila Patten Concludes Visit to Sudan and Calls for End to
Culture of Denial for Conflict-Related Sexual Violence, 27 February 2018,
available at:
https://www.un.org/sexualviolenceinconflict/press-release/special-representative-of-the-secretary-general-on-sexual-violence-in-conflict-ms-pramila-patten-concludes-visit-to-sudan-and-calls-for-end-to-culture-of-denial-for-conflict-related-sexual-violence/
[5] ACJPS, Government allied militia gang rape a 16-year-old girl and a
woman in Nertiti, Central Darfur state, 19 December 2017, available at: http://www.acjps.org/government-allied-militia-gang-rape-of-16-year-old-girl-and-a-woman-in-nertiti-central-darfur-state/
[6] NHRMO, Human Rights Update: September 2017 – February 2018, available
at: http://www.sudanconsortium.org/member_publications/2018/HRUpdate092017to022018.pdf
[7] HRW, Don’t Be Taken in By Sudan Prisoner Release, 10 April 2018,
available at:
https://www.hrw.org/news/2018/04/10/dont-be-taken-sudan-prisoner-release; ACJPS, Sudan should charge or release
remaining 248 individuals in prolonged detention, 16 April 2018, available at:
http://www.acjps.org/sudan-should-charge-or-release-remaining-248-individuals-in-prolonged-detention/
[8] Amnesty International, Sudan: Human rights activist arbitrarily detained
and at risk of torture must be immediately released, 31 May 2018, available at:
https://www.amnesty.org/en/latest/news/2018/05/sudan-human-rights-activist-arbitrarily-detained-and-at-risk-of-torture-must-be-immediately-released/
[9] ACJPS, Two students reportedly tortured in West Kordofan state, 6
December 2017, available at:
http://www.acjps.org/two-students-reportedly-tortured-in-west-kordofan-state/
[10] ACJPS, Urgent call for investigation into the custodial death of
civilian whilst under SAF/RSF detention in East Jebel Marra, South Darfur, 24
April 2018, available at:
http://www.acjps.org/urgent-call-for-investigation-into-the-custodial-death-of-civilian-whilst-under-safrsf-detention-in-east-jebel-marra-south-darfur-2/;
ACJPS, Individual dies after reportedly tortured while in NISS custody in West
Kordofan, 9 March 2018, available at:
http://www.acjps.org/individual-dies-after-reportedly-tortured-while-in-niss-custody-in-west-kordofan/
[11] ACJPS, 6 newspapers prevented from distribution and a media house faces
a two-day suspension, available at: 30 November 2016,
http://www.acjps.org/6-newspapers-prevented-from-distribution-and-a-media-house-faces-a-two-day-suspension/;
ACJPS, UPDATE: 4 newspapers continue to face post-print censorship as Sudanese
authorities repeatedly prevent the distribution of their daily print runs, 3
December 2017, available at:
http://www.acjps.org/update-4-newspapers-continue-to-face-post-print-censorship-as-sudanese-authorities-repeatedly-prevent-the-distribution-of-their-daily-print-runs/;
CPJ, Sudan arrests journalists, confiscates papers for reporting on inflation
protests, 18 January 2018, available at:
https://cpj.org/2018/01/sudan-arrests-journalists-confiscates-papers-for-r.php
[12] In May 2018, the NISS ordered chief editors of Sudanese publications not
to publish any content relating to the prevailing fuel crisis within the
region. ACJPS, Violations against free press and freedom of expression in
Sudan, May/June 2018, 3 July 2018, available at:
http://www.acjps.org/violations-against-free-press-and-freedom-of-expression-in-sudan-mayjune-2018/
[13] Human Rights Watch, Activist faces trumped-up charges in Sudan, 27 July
2018, https://www.hrw.org/news/2018/07/27/activist-faces-trumped-charges-sudan;
Radio Dabanga, Trial of activist in ‘indecent clothing’ case adjourned, 19
December 2017,
https://www.dabangasudan.org/en/all-news/article/trial-of-activist-in-indecent-clothing-case-adjourned
[14] Op. cit., Human Rights Watch, Activist faces trumped-up charges in Sudan.
[15]Amnesty International, Sudan: Forcibly married, raped girl sentenced to
death: Noura Hussein, 15 May 2018, available at:
https://www.amnesty.org/en/documents/afr54/8404/2018/en/; ACJPS, #JusticeforNoura:
Sudanese authorities should release Noura Hussein and review conviction for
murder, 28 May 2018, available at:
http://www.acjps.org/justicefornoura-sudanese-authorities-should-release-noura-hussein-and-review-conviction-for-murder/
[16] Amnesty international, Sudan: Quashing of Noura Hussein death sentence
must now lead to legal reform, 26 June 2018, available at:
https://www.amnesty.org/en/latest/news/2018/06/sudan-quashing-of-noura-hussein-death-sentence-must-now-lead-to-legal-reform/
[17] CSW, Sudanese Government
demolishes church, 14 February 2018, available at:
https://www.csw.org.uk/2018/02/14/press/3841/article.htm
[18] CSW, Protests against forced Sunday opening for schools, 11 October
2017, available at: https://www.csw.org.uk/2017/10/11/press/3744/article.htm
Mossaad Mohamed Ali (English, Arabic Swedish):
+256 779584542 or mossaad.ali@acjps.org; Cynthia Ibale, (English):
cynthia@acjps.org