We have urgent concerns regarding the human rights situation in Sudan that we would like to bring to the Commission’s attention.
Firstly, we are deeply concerned about the ongoing humanitarian and human rights crisis that continues to unfold in the Darfur region despite the great effort expended by the African Union both in its role as the mediator in securing the foundations of a permanent peace agreement in Abuja and deploying its observers in the region. We also stress that any peace agreement that fails to incorporate and secure the full commitment of all the parties to the conflict is bound to fail. There are now 3.5 million people now reliant on humanitarian aid.
The government, its aligned Janjaweed militias and the rebel opposition groups have continued in their indiscriminate and vicious attacks and looting of livestock and foodstuff on civilian villages and on IDP settlements with impunity. The militias have frequently attacked several villages on the same day, ensuring maximum casualty and destruction. On 16 February, over 2000 Janjaweed militias attacked 8 villages surrounding Gereida, looting over 1500 camels and cows. Again on 15 March, militias attacked three villages and an IDP settlement in Jebel Marra killing 10s of IDPs. These attacks combined with the SLA attacks on humanitarian convoys have lead to thousands of people fleeing their villages, adding to the already large IDP population and forced humanitarian organisations to evacuate from these areas.
Sexual and gender based violence continues to be commonplace in Darfur. Women and girls, who venture outside IDP camps to fetch water and firewood, have continued to be subjected to rape and abductions. Many of the rape victims and their companions are subjected to severe beatings during the attacks, sustaining serious injuries. The whereabouts of many of the women abducted remains unknown.
Measures taken to address the impunity of government security organs and to provide redress for victims of gross human rights violations have been weak. In Darfur, the government has continued to dismiss the demands in the Commission resolution requiring it to cooperate fully with the international criminal court (ICC). The government has instead established a Criminal Court for Darfur’s Incidents. The court has been unable to hold any of its senior army personnel in Darfur responsible for war crimes or crimes against humanity, crimes that the UN Commission of Enquiry indicate are likely to have been committed in Darfur.
Secondly the situation of human rights defenders and civil society groups:
The government of Sudan via its security apparatus has continued to be hostile and inhospitable towards human rights defenders and civil society groups. Rather than arresting the perpetrators of human rights violations, the government has targeted those who publicise human rights violations. Many organisations including SOAT have been described as a destabilising force, and accused of spying as well as spreading false information. The government continues to use varying tactics to silence human rights defenders and humanitarian aid workers inside Sudan ranging from restrictions on their movement, refusals for visas for international NGOs, harassments to arbitrary arrests. g attacks on organisations and individuals culminated in the adoption of the ‘Organisation of Humanitarian and Voluntary Work Act 2006’ by the Sudanese Parliament on February 20, 2006. This Act imposes severe restrictions on freedom of association and has further entrenched the government control through its NGO monitoring body, the Humanitarian Aid commission over the activities of NGOs both local and foreign humanitarian and human rights organisations.
Thirdly, the continual violations of human rights law
Arbitrary arrests, incommunicado detention, inhumane and degrading treatment, enforced and involuntary disappearances remain widespread and systematic in Sudan especially in Darfur. Thousands of people continue to be detained in Sudan without being charged with an offence. Detainees are only informed of the charges against them after much delay and in some circumstances after being detained incommunicado for several days and are subjected to lengthy pre-trial detentions. The majority of arrests continue to be made by security forces in public places without warrant or probable cause, arrested persons are frequently detained for several days or weeks before transferring them to the police. Where the police made the arrests, detainees are held in detention indefinitely whilst the police undertake their investigation. Many prisoners are undocumented and are held incommunicado for extended periods as the security forces continue to abuse clauses in the draconian National Security Laws. The police in Sudan continue to use coerced confessions and torture as methods of investigation. SOAT has documented numerous cases police and security officers’ abuse and torture.
We are therefore call on the African Commission to hold the government of Sudan accountable for its violation of the African Charter on Human and Peoples’ Rights by obliging it to:
• Take all steps in partnership with AMIS, UNMIS to prevent attacks, threats, intimidations and any other form of violence against the civilian population in Darfur as required in the African Commission Resolution on the Human Rights Situation in Darfur during its 37th Session and as required by international humanitarian law;
• Commit to the voluntary return of IDPs, ensure safe passage, and compensate IDPs for loss of livelihood;
• Identify, investigate and prosecute all persons responsible for gross human rights violations including those in its security organs and its aligned government militias in Darfur and across the Sudan to fully reflect its obligations as required by UN Security resolutions and the international law to which Sudan is bound;
• Allow free access to all regions in the Sudan for national and the international human rights organisations and amend the NGO law to bring it fully in line with commitments under the African Charter, and to fully reflect the provisions of the UN Declaration on Human Rights Defenders;
• Cooperate fully with the ICC;
• Take all necessary measures to afford all detainees in Sudan human rights protection accorded them in international law;
• Make public the findings of the African Commission’ Fact Finding Mission to Sudan in July 2004 further to its adoption by the African Union in January 2006.
Cairo Institute for Human Rights Studies (CIHRS)
Egyptian Initiative for Personal Rights (EIPR)
Sudanese Organization against Torture (SOAT)
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