Human Rights and Democracy Report 2014: Sudan - in-year update December 2015

Published 21 April 2016

The overall human rights environment in Sudan remained a matter of deep concern in the period under review.

At its 30th regular session in September, the UN Human Rights Council (HRC) passed a resolution condemning violations and abuses of human rights and International Humanitarian Law (IHL). The UN Independent Expert noted concern over “Sudan officials’ assessment of the human rights situation in the country which appears not to take into account the deteriorating environment”. The mandate of the Independent Expert was renewed for a year, and the HRC encouraged the government of Sudan (GoS) to facilitate his work, in particular by granting access to the Two Areas of Blue Nile and South Kordofan. On 2 October, FCO Minister for Human Rights, Baroness Anelay, issued a statement welcoming the HRC’s conclusions.

In August, the GoS decreed a cessation of hostilities in Darfur and the Two Areas which came into effect for two months from 22 September. In turn, the Sudan Revolutionary Front (SRF) announced its own cessation of hostilities across all of the conflict zones which came into effect for six months on 21 October. Ceasefire violations resulting in civilian casualties were reported on both sides in the periods immediately afterwards, but the latter half of the reporting period saw a marked decrease in violence compared to previous years. There were no reports of ground attacks or aerial bombardments by GoS forces in South Kordofan in November and December. In Darfur specifically, sporadic skirmishes continued between the GoS and the opposition forces of Abdul Wahid (SLA-AW), who had not signed up to the SRF cessation of hostilities.

There were reports of possible violations of IHL by armed opposition groups during the period under review. Forexample, on 3 November the Sudan People’s Liberation Movement-North (SPLM-N) announced that its forces had ambushed a Sudanese Armed Forces (SAF) convoy in Bau County, Blue Nile. It claimed to have destroyed the convoy and killed at least nine members of the SAF.

Inter-communal violence within Darfur decreased in the period under review, although it increased in 2015 as a whole. UNAMID (the African Union/UN Hybrid operation in Darfur) recorded 163 fatalities in the period August to December, following 520 fatalities during the first seven months of the year. UNAMID attributed the decrease in fatalities to tougher security measures adopted by the five new Governors appointed in May, which were particularly successful in the larger towns. However, UNAMID also recognise that unresolved underlying issues mean inter-communal tensions could quickly escalate.

Humanitarian access remains an issue of major concern. As of 31 December 2015, the UN’s Office for the Coordination of Humanitarian Affairs (OCHA) reported a total of 3.1 million displaced people in Sudan, with 2.5 million long-term displaced in Darfur alone. Two million children under five years of age are acutely malnourished and, in total, 5.4 million Sudanese remain in need of humanitarian assistance. Humanitarian access to parts of the conflict-affected areas of Darfur and the Two Areas remains limited and, as at the end of 2015, the UN Independent Expert had still been unable to visit the Two Areas.

The continued detention and treatment of opposition members remains a concern. On 6 July, three members of the Sudan Congress Party (SCP) received 20 lashes each on charges of breaching public peace for their outspoken criticism of the elections at a public rally in April. The British Embassy issued a statement of concern in response. During August and September, the security services subjected at least 18 members of opposition parties to periods of de facto detention where they were required to attend the National Intelligence and Security Service (NISS) offices from 9am to 11pm on a daily basis. A number of opposition figures were prevented from travelling.

There were continued reports highlighting instances of the use of excessive force with impunity by police and security services. On 14 October, police in Khartoum reportedly chased a group of street sellers to the banks of the Nile, forcing them into the river, where five civilians subsequently drowned. The police registered a case of deaths in unknown circumstances and have resisted further investigation. From August there were reports of Military Intelligence holding over 100 civilians in containers in Damazin, Blue Nile State. On 5 October, one of these detainees, Tarig Ali, died in custody. It was reported that 150 civilians were ultimately released on 30 December.

While freedom of expression improved relative to the first half of the year, it remained an area of concern. Between July and December there were seven seizures of newspapers, one suspension by the Press and Publication Council, and one case of indefinite suspension by NISS. Sudan ranked 174 out of 180 on the 2015 World Press Freedom Index, and continues to be ranked as “least free” in the fields of civil liberties and political rights by Freedom House. No closures of civil society organisations were recorded during the reporting period. However, long delays to the renewal of registration – without explanation from the authorities – are frustrating some organisations’ ability to operate.

Freedom of religion or belief continues to be restricted in Sudan. On 3 November, 27 men were arrested for attending a Qur’anist gathering on charges of apostasy for practising a version of Islam that does not recognise the authority of the Hadith. On 5 July, two South Sudanese pastors, Yat Michael and Peter Yen, were convicted of participating in criminal or terrorist organisations and breaching public peace, but released on account of the six months they had already served in detention. The British Embassy was present in court for both cases. The pastors have since left the country. However, the appeal court subsequently overturned the decision to release them and has called for a retrial. Two further Sudanese pastors, Hassan Abdulraheem and Kowa Shamaal, were detained in December, alongside a member of the Sudan Evangelical Presbyterian Church.

The lack of protection afforded to Christian churches remains an issue of concern. On 16 October, the Lutheran Evangelical Church in Gedaref was destroyed in an arson attack. On 21 October, the Lutheran Evangelical Church in Karari was demolished by local officials. No permission has been granted to rebuild either church. In the ongoing case over the demolition of Bahri Evangelical Church in Khartoum, the administrative court ruled on 30 August that control of the Evangelical Church Council, responsible for the sale of church lands, should revert to the church-appointed committee. However, this decision is yet to be recognised by the Ministry of Guidance.

The continued use of the death penalty in Sudan remains deeply concerning. On 26 November, 18 members of the Sudan Liberation Army-Minni Minnawi (SLA-MM) were sentenced to death (a 19th member of the group died in custody before the sentencing). On 21 December, the GoS announced a stay of execution for seven members of the Justice and Equality Movement (JEM) following appeals by opposition parties and the Chair of the National Dialogue Rights and Freedoms Committee.

The treatment of women and girls remains an area of concern. On 25 June, a group of 10 Christian girls from South Kordofan were arrested and charged with wearing immoral dress. After a series of trials lasting until 16 August, and attended by the British Embassy, five were convicted and subjected to a fine of between 50 and 500 Sudanese Pounds (between approximately £6 and £60), while five were ultimately acquitted. The prevalence of sexual violence in conflict areas, including against minors, remains of deep concern.

The rights of the child remains another area of concern. On 27 July, 45 juveniles received 20 lashes on charges of breaching the public peace. The children were all tried in accordance with the Criminal Act 1991, but with no reference to the Child Act 2010 which bans the lashing of children for criminal offences.