Reports

September 10, 2002

The Situation of Human Rights in Sudan, August 2002

Introduction

Renewed in December 2001, Emergency Law prevailed throughout the month. The law allows the head of state to abrogate statutory law by presidential decree. Ironically, the law that was originally enforced in response to the state of war in the country was largely applied during the month irrespective of the ongoing peace negotiations. In the meantime, State officials ascertained state commitment to Islamic law.

In the South, in particular, government air bombing killed hundreds of civilians and injured many citizens while tens of thousands of the innocent population were largely displaced.

A new round of peace talks continued throughout the month in Machikos by the Government of Sudan and the Sudan People's Liberation Movement (SPLM) in Kenya with a view to deal in detail with the issues of authority and wealth distribution. The first round of negotiations led to the signing of the Machekos Protocol under the IGAD auspices.

To maximize the possibility of success to the negotiations, SHRO-Cairo called for the insurance of full national participation of the democratic opposition, the National Democratic Alliance (NDA), and the Sudanese civil society groups in the negotiations instead of the ongoing bilateral form of the peace process.

Imposition of Islamic Law

The Sudanese head of state Omer al-Bashir said in a speech heard in the first week of the month that the Machekos Protocol did not abrogate the Islamic Shari'a Law as a source of legislation for the People of Sudan. Bashir hailed the efforts of the former president Nimeiri to implement Islamic Shari'a, reported SONA. "The Inqaz government came to complete that effort," affirmed the head of state. Chief Justice Jalalaldeen Mohamed Osman ascertained that the Judiciary "has not stopped implementing the Islamic Hudud," which are physical penalties including stoning and limbs amputation. "The judges are determined to apply the Shari'a of God," said the Chief Justice.

In light of the gross human rights violations that plagued the Sudan during and after Nimeiri's and Bashir's application of Shari'a penalties, the Organization is strongly opposed to the government's renewed commitment to impose Shari'a penalties upon the Sudanese statutory law, which has already terrorized the population. This further jeopardizes the ongoing process of peace and the need to create the climate conducive to the establishment of democracy, peace, and public freedoms all over the country.

Freedom of the Press

The government curtailed the freedom of the press. Although previous security censorship was not enforced on most journals, the formally-imposed "word of honor" compelled journalists to appreciate "national achievements" by avoiding "criticisms of the armed forces, mujahideen, and martyrs." The journalists should not have been required to abide-by this repressive law in the first place. Moreover, the self-censorship exercised by the press to avoid suspension and costly fines did not protect journalists from the unfair penalties of the law.

On Wednesday August 28, the authorities banned the Al-Ayyam daily because it published an essay on "female circumcision," which is a dehumanizing tradition that is largely supported by ignorant and discriminatory policies and practices against the Sudanese women. This harmful habit is widely practiced in rural areas regardless of the law that formally prohibits it.

The government restricted press advertisement by law. This restriction developed a conflict this month between the press and the government-controlled National Council of the Press and Publication. Journalists called for the setting up of a workshop to amend the press law. The government, however, controlled the allocation of press advertisements by a government agency that allocated state advertisements, as it wished, with 20% deduction of the revenue for state treasury.

Arbitrary Arrests

Dr. Hassan Al-Turabi, leader of the PNC, accompanied with other members of his party stayed through the month in detention. The authorities rejected an appeal by his lawyers to the Constitutional Court to release them. In his seventies, Turabi was arbitrarily arrested for signing a letter of understanding with the SPLM opposition group. Reports indicated that Turabi rejected a deal with the regime to release him on condition that he would not speak to the press or oppose the government. Tens of students supporting the PNC party were arrested when they protested the government's deal together with many other leaders and/or activists of the party. The arrests took place in the National Capitol, as well as El-Obeid, El-Fashir, and Medani - all in all about 200 members were put under arrest. Turabi was then moved from house detention in a government house to the Kober Prison, for the most part. The security authority did not allow his family members to visit him or even to identify his new detention.

The names of the PNC detainees include Abd-Allah Hassan Ahmed, deputy secretary general of the party, Mohamed Al-Amin Khalifa, information secretary, Ibrahim Al-Sanoasi, secretary for foreign relations, Badreldeen Taha, secretary of the political bureau, Siddig Ahmed, Suliman Jamoos, Mohamed Idris, Anas Alzamzami, the PNC secretary in El-Obeid Abd-Allah Ali Al-Nour, and Al-Haj Adam among others. The arrestees of whom many were later released included leaders in different ranks of the party branches in the regions, besides 30 students at the Sudan University, East Nile University, and about 10 students of the Neelain University. A smiliar number of students were accused of assaulting the residence of a leading official of the ruling party.

In Darfur, the authorities arrested about 70 of the Fur ethnic groups in different areas of Darfur and Jebel Marra without charge. The arrests included citizens in Zalingei, Tour, Nyartati, and Golou. SHRO-Cairo received information that more than half of these arrestees were transferred to the Niyala prison in Darfur. Some suffer poor health conditions. One of the detainees, Abdel-Wahid Mohamed Ahmed Nour, a diabetic patient who is also suffering lung disease was further infected with malaria. In the appeal he wrote on August 9, 2002, he reported his detention with 12 other persons in a small cell at a detention center controlled by the Zalingei security authority.

SHRO-Cairo has been gravely concerned for the safety, health conditions, and the human rights of all these citizens. The Organization asked the government to release them in accordance with the international human rights norms.

War and Humanitarian Affairs

Military operations escalated especially in the last weeks of the month in the South. The warring government and SPLA troops continued to occupy towns and military garrisons. In the opening week of the month, the government occupied Lafon in the farthest border of the South. SHRO-Cairo was deeply concerned for the aggression of the (previously) government-supported Lord's Army rebel group of Uganda against Sudanese citizens in the South. The rebel group killed many civilians, destroying their villages and sacking their property. The Sudaense warring parties failed to protect these citizens from foreign attacks. The Organization appealed to the warring groups to strop all military operations to facilitate the peace process, protect the lives and property of the innocent citizens, and protect them from all attacks.

Air Bombing

In mid August, the government air force bombed Pariak in southern Torit killing at least 10 civilian women and children. The same day, a 4-year child and 6 others including the child's mother were killed when Panwil was bombed. Thereafter, the air fore bombed Aweil and Yirol in Northen Bahr Gazal injuring a large number of people and killing 6 civilians. In Tuesday August 20, a government Antivov bombed Isoke of Eastern Equatoria debilitating an elementary school and another secondary school, destroying a whole school building, and causing serious injuries to the school children and staff. In that same day, another air raid on the town of Keyala killed with 5 air bombs an aged woman and injured many other civilians. Wednesday August 21, Isoke suffered additional attacks as well as Murihatika in Eastern Equatoria. In Tuesday August 27, 6 bombs destroyed a food store of the Isoke churches. The government's Antinov bombed the villages of Imee thus injuring many civilians including Barnaba Lokunyang. And in Friday August 30, the air bomber repeatedly bombed Hiyala, killing and injuring citizens and virtually blocking humanitarian support and medical aid to the injured party.

The Sudan Human Rights Organization (Cairo) condemns in the strongest terms possible these savage attacks against the innocent citizens. The Organization asked the Government of Sudan to stop all air bombing, protect the population from army aggression, and compensate the injured parties for the losses of lives and property they continue to suffer.

Unfair Trials, Death Penalties

The appeal court of Nyala confirmed the death sentences that a special emergency court passed over 88 citizens in western Sudan last month. Ten others were also sentenced with 10 years' imprisonment. The convicts who are all members of the Rizaygat ethnic group were acccused of involvement in tribal feuds. Although they can still exercise the right to appeal, the organization expressed grave concerns about the unfairness of the trial and the brutality of sentences.

SHRO-Cairo contends that these penalties will not stop tribal feuds in the region that continue to suffer the biased policies of the Khartoum central government, ethnic and religious cleavages, and negligence of even economic and democratic political development.

In August 31, a Khartoum court sentenced three PNC members. These citizens were flogged 25 whippings in addition to 500,000 pounds fine and 2 months and a half imprisonment for each of the students Loay Abd al-Mon'iem (age 19) and Nasr Jabir (23), and for Haythm Hassan Ibrahim (35).

Violating the Women's Rights

In gross discrimination by sex, the Customs disciplinary force put on retirement 21 female officers this last month. The names of the dismissed officers included Colonel Ilham Hassan Eltayeb, Colonel Amal Mohamed Salih, Colonel Ihsan Osman Kirkisawi, Colonel Halima, Colonel Mahasin Awada, Major Samira Abd-Allah, Major Awatif Abd-Allah, Major Iman Elawad, Major Iqbal Osman, Major Alawiya Mohamed Ahmed Ramadan, Major Aida Khalil, Major Sitana Mohamed Abd-Allah, Afaf Hassan and the others.

National Service for Students

The authorities imposed compulsory national service on students all over the month according by applying the National Serivice Law that makes of national service a requirement for college admission, obtaining the general education certificate, applying for work, or identification certificates. Many recruits involved themselves in hostile relations with the other civilians of whom many were killed as a result of the government-incited war against people.

The Organization asked the government to abrogate the authoritative application of the national service law, recognize the right to conscienious objection, and realize the need to achieve peace, democracy, and development - the top national agenda of Sudan.