ALTERNATIVE REPORT To Sudan’s Periodic Report Before the 43rd Session of the African Commission on Human and Peoples’ Rights (Swaziland, May 2008) Introduction……………………………………………………………………………………………………. ……… 2 The Situation in Relation to Articles 4 and 5………………………………………….……………...................... 3 The Situation in Relation to Article 6………………………………………………………………….………......... 9 The Situation in Relation to Articles 7 and 26……………………………………………………………………… 12 The Situation in Relation to Article 9………………………………………………………………………….......... 16 The Situation in Relation to Articles 10 and 13……………………………………………………………………. 23 The Situation in Relation to Article 11………………………………………………………………………………. 27 The Situation in Relation to Article 18………………………………………………………………………………. 28 Recommendations……………………………………………………………………………………………………. 33 Glossary………………………………………………………………………………………………………………... 35 SOAT is supported by and is a member of the International Federation for Human Rights (FIDH) SOAT, Alternative Report to the African Commission on Human and Peoples’ Rights, May 2008 1 Cruel, Inhuman or Degrading Treatment or Introduction Punishment (CAT), and the Rome Statute of the International Criminal Court (ICC). As a signatory to Sudan ratified the African Charter on Human and these acts, Sudan is bound to refrain from acts which Peoples’ Rights (ACHPR) on 18 February 1986. The would defeat their object and purpose. Sudanese government is therefore obliged to respect and protect the internationally recognised human Three years after the signing of the CPA, very little rights contained therein. The Sudan Organisation has been done by the new Government of National Against Torture (SOAT) hereby presents an Unity (GoNU) to harmonise national legislation with alternative report to The Third Periodical Report of the INC and international human rights standards. the Republic of the Sudan due to be considered at rd Along with this lack of legislative reform, the human the 43 Ordinary Session of the African Commission rights situation across the country remains an issue on Human and People’s Rights (ACHPR) in Ezulwini, of serious concern. The authorities continue to Swaziland, from 7 to 22 May 2008. This report arbitrarily detain individuals for long periods, often reviews Sudan’s compliance with the ACHPR, article without charge and without access to lawyers, and by article, with a focus on the period from the torture and other forms of ill-treatment in custody beginning of 2006 to the present day. remain common. Those who are particularly vulnerable to such abuses include human rights Human Rights and the Comprehensive defenders, political opponents, students and Peace Agreement displaced persons. In the past few months the In January 2005 the signing of the Comprehensive Sudanese authorities, in particular the National Peace Agreement (CPA) by the Government of Intelligence and Security Services (NISS), have also Sudan (GoS) and the Sudan People’s Liberation launched a harsh crackdown on the country’s media, Movement (SPLM) marked the end of a 22-year civil which has included daily pre-print censorship, war in the South that saw the displacement of over bureaucratic obstruction and arrests and summonses 4,000,000 people and destroyed the livelihoods of of journalists. While national elections scheduled for many thousands more. It was hoped that the CPA next year should mark a key milestone in Sudan’s would usher in a new era of peace and stability transition towards stability and democracy, this lack throughout the country and would be a turning point of respect for human rights represents a major in ending Sudan’s long history of human rights stumbling block. violations. The Conflict in Darfur The CPA made way for the adoption of a new Interim After three years of war and massive and widespread National Constitution (INC) on 9 July 2005. The INC violence and human rights abuses, the Darfur Peace includes a Bill of Rights, which contains a list of Agreement (DPA) was signed in Abuja in May 2006 constitutionally-guaranteed rights and freedoms and between the GoS and the faction of the Sudan also provides that “All rights and freedoms enshrined Liberation Army loyal to Mini Minnawi (SLA-Minnawi). in international human rights treaties, covenants and Other major rebel movements, the Justice and instruments ratified by the Republic of the Sudan Equality Movement (JEM) and another faction of the shall be an integral part of this Bill” (Article 27 (3)). SLA loyal to Abdel Wahed al-Nur (SLA-Abdel Hence, pursuant to Article 27 of the INC, the ACHPR Wahed), refused to sign the peace agreement. is binding and may be invoked as a constitutional text. Two years after the signing of the DPA, Darfur is yet to witness any significant move towards peace and Besides the ACHPR, Sudan is also a party to the the situation in the region remains critical. Peace International Covenant on Civil and Political Rights talks were convened in Sirte, Libya, at the end of (ICCPR), the International Covenant on Economic, October 2007 and the GoS announced a unilateral Social and Cultural Rights, the Convention on the ceasefire. But rebels claimed this ceasefire was Rights of the Child (CRC) and both Optional immediately broken and the talks soon fell apart Protocols to it, the International Convention on the because of the refusal of key rebel groups to attend. Elimination of All Forms of Racial Discrimination, the Convention on the Prevention and Punishment of the The Sudanese government has failed to disarm and Crime of Genocide, and the Slavery Convention of disband the Janjaweed militias and continues to rely 1926. Sudan is a high contracting party to the on them in the pursuance of its counterinsurgency in Geneva Conventions of 12 August 1949 and acceded Darfur, though these militias have increasingly to the two Protocols Additional to the Geneva pursued their own agendas. The rebel groups have Conventions in 2006. splintered into an increasing number of factions, further complicating efforts to arrange meaningful The CPA also calls on Sudan to endeavour to ratify peace negotiations with the government. Ongoing other human rights treaties it has signed. These insecurity and banditry in Darfur has prevented the include the Convention Against Torture and Other delivery of aid to large parts of the region, with SOAT, Alternative Report to the African Commission on Human and Peoples’ Rights, May 2008 2 humanitarian convoys and personnel frequently ensuring peace and justice for the region’s civilian coming under attack. population. Against this fluid background, one constant has been The Situation in Relation to the large-scale human rights violations suffered by Darfur’s civilian population. January and February of Articles 4 and 5 this year saw a sharp escalation of violence in Western Darfur, with a series of attacks by Article 4 government forces and allied militias displacing tens Human beings are inviolable. Every human being of thousands of people, leaving homes looted and shall be entitled to respect for his life and the integrity burnt, many killed and women raped. Darfuri civil of his person. No one may be arbitrarily deprived of society has been attacked by the Sudanese this right. authorities, with the aim of undermining social and political structures viewed as a threat. Tribal leaders Article 5 and other representatives of internally displaced persons (IDPs) remain vulnerable to abuses like Every individual shall have the right to the respect of arbitrary arrest and torture, and entire sections of IDP the dignity inherent in a human being and to the communities have been forcibly relocated. Meanwhile recognition of his legal status. All forms of exploitation the GoS has obstructed the full deployment of the and degradation of man, particularly slavery, slave new United Nations-African Union hybrid force trade, torture, cruel, inhuman or degrading mandated to take over peacekeeping duties in Darfur punishment and treatment shall be prohibited. (UNAMID).1 Killings in Darfur History has taught Sudanese human rights victims During the period covered by this report Sudanese that today’s abuses are grounded in yesterday’s government forces and members of proxy militias impunity and that to break this vicious cycle have continued to target civilian settlements and IDP perpetrators must be brought to justice. However, the populations in Darfur, resulting in large numbers of GoS has taken no serious steps to address impunity civilian deaths. A United Nations (UN) report in for crimes committed in Darfur. In the face of massive December 2007 said that hundreds of civilians had and grave human rights abuses, only an extremely been killed by government forces and allied militias in unsatisfactory number of cases have been the region in the six months leading up to publication investigated and these have involved only low alone. Evidence suggests that the Sudanese ranking officials. In spite of Sudan’s clear inability to government has continued to ship weapons into prosecute those responsible for crimes in Darfur, the Darfur in violation of a UN arms embargo.2 At the government continues to refuse to cooperate with the same time, the Sudanese authorities have failed to ICC and hand over the two individuals wanted by the fulfil past commitments to disarm pro-government court in connection with the conflict. One of the ICC militias. suspects, Ahmad Harun, has even been allowed to stay on as State Minister for Humanitarian Affairs and Underlying the ongoing large-scale killing of civilians is thus responsible for the welfare of the victims of his in Darfur is an entrenched culture of impunity, with alleged crimes. Sudan Armed Forces (SAF) and militia members committing crimes in the knowledge that under SOAT takes this opportunity to call on the African current conditions they are unlikely ever to face Commission on Human and Peoples’ Rights at its justice. For more on the problem of impunity, see the 43rd Ordinary Session to effectively engage with, section of this report dealing with Articles 7 and 26 of guide and support the GoS in upholding its human the ACHPR.