Sudan weekly update: The Transitional Military
Council and opposition agree on a joint council as the African Union extends
deadline for the third time
(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.