Freedom- Justice- Peace- Democracy
Sudan Liberation Movement–Transitional Council (SLM–TC)
SLM-TC’s Letter regarding the Human Rights Situation in Darfur and Sudan during the 39th session of the UN Human Rights Council
10 September 2018- 28 September 2018
Geneva, Switzerland
13 September 2018
Excellency, President of the Council
Excellences, Representatives of Observer and Permanent Representatives of Members States of United Nations Human Rights Council ( UNHRC).
Excellences,
We at Sudan liberation Movement- Transitional Council ( SLA-TC) write this letter to express grave concerns about the ongoing Human rights situation in Darfur and Sudan. We are writing this letter because we are deeply worried about the ongoing crisis in Darfur and the recent shift in United Nations, Security Council and UNHRC’s Policy towards the Government of Sudan whose leaders are wanted by International Criminal Court (ICC) for committing Crimes against Humanity, War Crimes and Genocide in Darfur. It has come to our attention those UNHRC high-level discussions this year will be held on various human rights situation including Human Rights Situation in Sudan. We are extremely worried about the ongoing Human Rights violations in Sudan, based on Sudan’s genocidal policy in Darfur, Blue Nile and Nuba Mountains.
Sudan Liberation Movement-Transitional Council (SLM-TC) is seriously concerned about the ongoing insecurity and human rights abuses in Darfur, in particular with regard to the situation in Internally Displaced People (IDP camps) and continuing attacks from Sudanese government forces and its supported militias.
Just during the past weeks, Sudanese government forces, tortured to death prisoner of war (POW) in a notorious Al Huda prison in Omdurman, Sudan. Moreover, the Islamic regime in Khartoum continues to arrest and attack Darfur rights activists and students in universities. These actions – in addition to Sudanese government’s recurrently squeezing aid operations, refusing to allow, medicine, food and clean drinking water to be delivered to refugee camps pose a significant threat to the lives and livelihoods of thousands of women and children in war zones of Darfur, South Kordfan and Blue Nule- the situation is particularly Appalling in Darfur.
The Sudanese government is far from innocent- other majority of Human rights Organisations and advocacy groups at regional and global level also express their deep concern about the existence of serious Human Rights abuses in Sudan. The regime uses its international representatives to manipulate the international community include UNHRC about human rights situation in Sudan whilst committing crimes against innocent women and children in Darfur and other parts of Sudan.
Given the above mentioned reasons, we are particularly worried the international community inaction including the UNHRC’s policy towards Sudan which appears to be conciliatory at a time when the security situation is worsening and violence against innocent civilians in Darfur increases on daily basis and the dilemma of its victims more unspeakable. We urge UNHRC through its Members States and Observers to consider the following points and take the specific action outlined below for protecting Human Rights and in order to bring a real peace and stability to the people of Darfur and Sudan.
Specifically, we recommend that the UNHRC do the following:
Immediately condemn Sudan and criticize its Human Rights Practices.
Suspend/exclude Sudan from the membership of UNHRC and support the International Criminal Court’s ( ICC) efforts to arrest Sudan’s president (Al-Bashir) and his government ministers wanted for committing war crimes and crimes against humanity in Darfur.
Urge the Security Council to effectively enforce its 2005 demand in UN
Security Council Resolution 1591 that the Sudanese government cease ‘offensive military flights’ over Darfur
Urge UNHRC to continue to advocate for durable peace initiatives and uphold the commitment towards Responsibility to Protect.
Deal directly with Human Rights Activities, SLM-TC and other reliable regional and international organisations for any information concerning Human Rights situation in Darfur, Nuba Mountains and Blue Nile
UNHRC to take action and leadership role in condemning Sudan’s inhumane actions and work with the United Nations to coordinate a more effective international response to the ongoing crisis in Darfur and Sudan.
We ask for a meeting between the UNHRC representatives and a small delegation of SLM-TC representatives to discuss the issues raised in this letter.
We extend an invitation for UNHRC, International Red Cross and all Human Rights organisations concerned with the rights of Prisons of Wars to visit all POWS in Sudanese prisons including Al Huda prison in Omdurman, Prison in Port Sudan, Shalla prison in Al Fashir and other prisons where there are POWs.
We ask UNHRC to prioritise Human Rights and the protection of rights’ activists, otherwise the debate about Human Rights and democratic freedoms in Sudan is inoperable
Key Issues and Situations of Human Rights Violations
Introduction
I have a tremendous respect and compliment for you all for historical day gathering to continue your efforts in support and the fortification of Human Rights globally and especially in Sudan. As you know, Sudan is still problematic in all Human Rights reports from National, regional and international Rights organizations concerning the systemic violation of Human Rights, whether it is at the individual level as often in the headlines of news outlets about women being arrested by the public order law and/or violation of groups’ rights in War zones areas.
Human Rights situation in Sudan does not need an explanation as Sudan is on the top of the list of countries with serious Human Rights violations. Most Sudanese suffer from measures that strict freedoms and from direct assaults from Sudanese security forces. This manifestation of grave Human Right violation in Sudan has negatively impacted on sources of right to life for hundreds of thousands of Sudanese people especially those conflict regions of Darfur, South Kordfan and the Blue Nile. The Sudanese government arbitrarily imposed emergency law in these areas, other big cities, in addition to placing restrictions on the movement of local traders, transports and the free movement of citizens in the border areas close to conflict zones. The violation of Human Rights in these areas also includes freedom of speech, freedom of expression, journalism and individual freedoms. The emergency law is in the hands of executive power prevents people from their basic Human Rights such as the right to an adequate standards of living that include, food, clean drinking water, housing, dress and all other life necessities and activities. In particular, POWs and political detainees, Internally Displaced People ( IDPs) in Sudan have often been deprived of their basic rights. Moreover, the Regime in Sudan has banned the international aid agencies from delivering assistance to those in need in conflict areas and refugee camps. Women, girls, young men from war regions have continuously been targeted by the Sudanese security forces. Students including university students in Khartoum particularly from Darfur have been repudiated their rights to education.
Prisoners of War and Political Detainees
Despite the fact that Geneva Convention provides a wide range of protection and human services for prisoners of wars, (POWS) in practice, the government of Sudan through the National Intelligence Secret Services ( NISS), continues to kill POWS and arbitrarily arrest perceived opponents of the ruling National Congress Party (NCP) on permanent basis. Just in this September 2018, Five of SLM/A fighters arrested and held prisoners of war by the Sudan government died because of torture, medical negligence and mistreatment. The victims died in prisons are (1)Zakaria Suliman Haroun (2) Mohamed Suliman ( Wad Rebikona) (3) Nasreldin Mohamed Ahmed ( Wad So Rongo) (4) Abdel Salam Mohamed Salah and, (5) Yagoub Mohamed Hassan Daldom who died recently on 5 September 2018.These POWS died because of inhumane treatment, torture and prohibition to access needed medical treatment. As a result of medical negligence and prevention of POWS to access medical services, the Sudanese government has banned International Red Cross and other Human Rights organisations from delivering assistance to these POWS causing in their slow and painful death. These are not the only POWS who suffered and deceased in prisons, there are others still in prisons who suffer from harsh health conditions and have been prohibited from accessing any medical treatment or assistance from families.
Currently there are 10 POWS with appalling conditions in prisons and their situation can be considered as an execution of unannounced death plenty. The POWS Inmates with deteriorating health conditions and currently in prisons are: (1) Alsadig Mohammed Musa (2) Musa Mohamed Daoud (3) Arabi Mohamoud Arabi (4) Hamoudi Hassan Gabir (5) Mohamed Ishag ABdalla (6) Omar Mohamed Musa (7) Issa Ishag (8) Khalifa Adam Ismail (9) Abdel Salam Abdalla Adam (10) Musa Ismail Ibrahim Ahamed Madani. These POWS and others were in Ghost Houses’ (Torture Facilities) for at least the period of six month without access to medication, whilst continuously being tortured and ill-treated which led to the collapse of their health situations in the ghost houses. Some of POWS sustained severe wounds during fighting and other have injuries inside prisons because of suffering they go through that increases from day after day without end.
The suffering of POWS does not only ends in the prisons but they are also exposed to humiliation when brought before military courts which is also a clear violation of their human rights and a contravention of all relevant international Conventions including, Geneva Convention pertaining to the rights and the treatment of captured fighters and POWS. It is clear that Sudanese government unlawfully blackmails prisons and their families to achieve political gains. Until now there are over 300 POWS in the government cells absolute majority of them were captured by Sudanese government when SLM-TC and the SLM-Minni Minnawi carried out a joint fighting in North and South Darfur. The Sudanese forces repelled the assailants and captured several rebel fighters including these in current in prisons. The fighting took place on 22 May 2017, at Jabal Adola area in South Darfur in which some fighters were captured and transported directly to military prison in Khartoum and later some were moved to notorious Al-Huda prison in Omdurman. About 240 POWS are currently in Al-Huda prison in Omdurman and 15 POWS in Shalla prison in Al Fahsir captured since January 2014 in East Jabal Marra. There a number of 8 POWS in Port Sudan prison in addition, Justice and Equality Movement (JEM ) has a number of POWS captured in Goz dingo fighting in 2015. All these POWS suffer from mal-treatment and torture in the hands of NISS. On the other hand, the Sudanese Revolutionary Front (SRF) released more than 200 POWS from the government fighters captured during fighting and handed them to the Sudanese government in Ugandan capital Kampala in 2016. The POWS kept in SRF facilities received good treatment and had access to medical services as well as were in a good health condition when handed back over to the Sudanese authorities which shows that the armed movements including SLM-TC adherence to the principles of international laws and respect relevant Human Rights Conventions..
On the other end, political activities in Sudan face challenges, threats and repressions of their rights; they are often being arrested and detained without charge or introduction to courts. At least any political activists being arrested spends minimum of 45 days in government cells under harsh condition, torture and ban from any contact with the family or work. Political activists are also embargoed from travelling overseas and their movements are limited within Sudan. The government confiscates their documents including passports and citizenship without any logical reason. The restriction of political activities and movement hinders the activities of political parties and other political associations in Sudan.
Freedom of the Press, Publications, Expression, Opinion,
Sudan continues to repress freedom of expression, opinion and places censorship on newspapers, media outlets, publications and bans some Sudanese writers from publishing. In addition to this, it bans peaceful gathering and social platforms by the order of Sudanese intelligence organs. Internet and media penetration in Sudan is high in Sudan. The situation of Human rights related to the freedom of opinion, freedom of expression and the freedom of press, journalism and publishing houses in Sudan hinders the process of democratic development thus impacting on making of peace and stability in the country. Media outlets are required to employ security personals to review stories prior to publication. Also, the another ways, Sudanese authorities control the media is through the government-influenced National Press Council, which is responsible for licensing and has the power to suspend journalists and newspapers and issue unlimited fines. Restrictions on media converge of the Darfur conflict continued further when in 2007, the National Press Council issued a ban in March 2007 on the coverage of the prosecution of crimes committed in Darfur and a ban in May in the same year on publishing information on Darfuri rebel activities.
Journalists faced harassment, attacks, intimidation, and direct censorship at the hands of both government and nongovernmental forces. Up to now there are around 13 media outlets confiscated by the government since the beginning of this year 2018, in an addition to around 10 journalists been publishing their writings. This refers to the fact that people in Sudan do not know the truth and correct information and thus making proper decision making process difficult for the average Sudanese citizen. The situation requires UNHRC to take serious measure to protect Human rights situation in Sudan and put it under Agenda IV or special measures agenda to allow space for freedom of press and expression, and independent press in Sudan.
Religious freedom and freedom of belief in Sudan
Despite the Sudan’s Interim National Constitution indicates freedom of religious practices, some laws and practices are based on the NCP’s interpretation of Sharia law and does not provide protection for religious minority groups including Christians and some Muslims opposing the current government policies. Since the referendum that took place in 2011 in South Sudan and which led to its independence from the North, regional religious situations got worse day after day. The Sudanese president has announced that Sudan is an Arabic and Islamic country and that there is no room for any other opinion on the substance. The government has close 25 Churches in Khartoum last year and until now the case of closure is pending at appeals courts to reopen these churches despite the involvement of religious rights organisations and defense lawyers all requesting that churches be reopen. The government has also confiscated Church lands in Khartoum North ( Baharaia) and transformed them into investment properties. It arrested government employees and forces who refused to attacks churches by the order of the government. In 2012, Priest and other Christians who attempted to resist and refused to allow the government to take over the Church properties including lands, farms belong to Coptic churches were arrested and imprisoned with total denial of access to legal representation. This is in addition to Human rights violation against the minority non-Muslim religious groups. Meanwhile the governments allows Islamic terrorist groups to practice their destructive activities at national and international level, despite of the fact that these groups activities harm the international community and destabilizes security of many innocent communities. Evidence suggest that Islamist government in Khartoum had been mobilizing young Muslims ‘Jihadis’ and sent them off to fight alongside Islamic state fighters in Iraq, Syria and other Islamic countries. The issue of religious freedom itself is an issue that is responsible for uniting or disuniting what is left of Sudan. However, this sensitive issue is a red line for Sudan Liberation Movement. We at SLM-TC believe that religious freedoms and the right to belief, workshop and practice of rituals must be enjoyed by every citizen in Sudan without any distinction or any discrimination because of religion and creed. Religious freedom and freedom of belief cannot be applied or practical under the current circumstances as long as the current Islamic regime remains in power. Therefore, there is the need for further measures to protect religious freedoms an issue that must be among the final recommendations of UNHRC in its current session.
Situation of Refugees and internally displaced people (IDPs)
Official reports of United Nations and African Union Mission in Darfur ( UNAMID) about current human rights situation in Darfur are by themselves enough encourage the entire world to act and not just UN Human Right Council, and if they know the reality of situation and conditions under which displaced people live inside the camps for more than 10 years with no exit for some of IDPs throughout this period because of the intimidation and psychological trauma and insecurity and perpetual encroachment on them by the Sudanese security forces. Many IDPs have described these camps as open prisons.Their symptoms within its systematic practice in preventing displaced people from moving outside the camps in order to seize their land and their property. The government systemic practice is aimed to prevent displaced people from moving outside the camps in order to seize their lands and their properties and farms they forcibly left when the same government forces attacked their villages.The last of government crimes is the murder of local teacher, Mr. Mohamed Athan Adam as he tried to prevent the attack on girls by gunmen wearing military uniforms in Gerif area in North Nyala in South Darfur on 5 September 2018.
Also Abdelkareem Abdel magid Adam in Fotoborno was killed in his farm in last august 2018. The Hegir area was also attacked on the fifth of July 2018, where the attack caused the deaths of nine people, injury of eight people and kidnapping of others by armed grouped who attacked the village. The same group went and attacked Shak Tabldi area and surrounding villages in East Darfur. In the end of May this year, government militias and security forces attacked refugees camps including five Minutes refugee camp and killed a refugee by the name Magbola HAssb El Nabi and other thirteen people were injured on 21 May 2018, and on 22 May 2018 the government forces again attacked locals in Abuja Market ( Souk Abuja) at Garsella Refugee Camp in which three refugee were killed and 12 sustained serious injuries.
The government keeps hundreds of thousands of citizens within these camps and at the same time it controls their land and their property through the new Arab settlers within the government’s plan line to change demography in Darfur and other areas of conflicts with Arabic population. This has put people of Darfur in front of difficult choices as rarely predicted by Human rights advocates and observers. The Human rights situation is evident in that many people preferred forced migration (illegal migration) to Europe despite hardship of the circumstances surrounding the likelihood of exposure to human traffickers or death by drowning in oceasions in search of security and protection from Human rights violations. What makes the situation more badly is the plan to control farms of these in camps in Darfur. The Sudanese government is currently conducting new population plans to distribute villages vacated by these living in refugees to new Arab Settlers. The government has already settled an exotic group in East Jabal Marra and Adella area in East Darfur, in addition to a continuing settlement of new comers in Central and West Darfur since the inception of war against the people of Darfur in the beginning of the year 2000s .This situation requires an urgent intervention of a UN Human Rights Council to pressure Sudanese government to allow the return of work of international aid agencies and humanitarian relief in Darfur, South Kordfan, Blue Nile. Also there needs to be permanent mechanism to monitor human rights situation in Sudan to enable communities to practice their normal lives.
Security situation in War Zones
The assortment of Government militias starting with Janjaweed and border guard forces transformed into Rapid Support Forces, popular Defense forces and other government forces become a major threat to the lives of people in Darfur. These forces enjoy absolute powers in Darfur, South Kordfan, and Blue Nile to enable them to arrests, kill and harass locals without any accountability and threat their lives in many different ways, including looting their belongings and stopping them without any reason . These government security agents have military intelligence headquarters ( Korkonat) in Al Fashir, Nayala, Genena, al Damazeenm Kadogili and Daligi and in other places in the same towns including ghost houses where they detain people and torture. The imposition of tight security measures in these places expose citizens, local traders, trade movement and transport at risk, particularly that the military attempts to control the movement of people and businesses in these areas and along the border- lines with South Sudan and the Blue Nile Areas . This has caused shortage of food supply and in addition to tight security measures that make the entry of food and other consumer goods difficult to reach these in need in these areas. Geysan area in Blue Nile is a living evident that reflects the suffering of people because of the tight security measures which causes shortage of food supply and the lack of merchandises, other consumer items and monopoly of trade movement in the area. As well control of local resources including mining, farm lands in areas surrounding the Blue Nile region.
Situation of Darfur Student in Sudanese Universities
The problem of Darfur students desires to be discussed separately from other Sudanese students and the conditions encountered by these students from recurrent cases of systemic targeted attacks by the government forces. Darfur students face sorrowful arbitrary academic dismissal, arrests detentions, unjustified criminal prosecutions, assaults and attacks at universities platforms, and recurrent assassinations. A number of Darfur Students have assassinated, the last student been murdered by the government agents was Awad Aallah Abaker found dead on 17 May 2017, at Yarmook area in Mayo, South of Khartoum. Of students who have been convicted for arbitrary and politically motivated cases were Mohamed Baggari and Asam Omar Mohamed who had been sentenced to death by hanging, although their convictions were later rescinded but they are still awaiting the court to revoke their death penalties.There are other students at Bhati al Roda university facing similar convictions. The largest violation of the human right to education in mankind history occurred when University discriminately expelled 1,200 students from Darfur in the beginning of last academic year without thrilling the finger in the ethics of anyone concerned with education in Sudan in particular education of Darfuri students in universities. The Darfur students were dismissed by one decision from the University of Bkhat El Rida which demonstrate the extent of the racial discrimination of the regime and its unfair policies against the people of Darfur, Nuba Mountain, and Blue Nile. The discrimination is manifested in the killing of student Mohammed Sadiq and Yu from the Nuba Mountains in the same year, In addition to burning of Darfur students’ dormitory in University of Dongola and prevents them from moving to other places. This in addition to putting fire on Darfur students’ house at the University of East Nile and the burning of women students’ dormitory in Darfur in 2016. Attacks on students coming from war zones where the regime is fighting against rebels and their communities is a serious violation of human rights and indicates a continued cold war against students of conflict zones. This practice is against all international norms and laws that protect civilians and prevent their targeting by their own government. This behavior is a reprimand for these students and continues to dispossess them of their right to a decent life and education.
Public order laws in Sudan
The nature of the Sudanese laws do not identify individual pluralism, therefore, the law of public order is especially relevant in Sudan and represents the biggest source of Human Rights Violation. The laws introduced to keep public order, continue to excessively target individual rights of Sudanese nationals. Individual who have been targeted face long term in sells and flogging for infractions such as drinking alcohol. The Public Order Police have a significant discretionary power in view of the fact that the Public Order Law does not have precise definition. Thefoere, the Policeman may understand not allowing women to wear trousers as a public order such as in the famous case of Sudanese female journalist Lubna Hussein who receive 40 lashes for simply wearing trousers which Policemen described as in indecently dressed and a breach of public order – also in the case of of Somia Ismail Ibrahim Hendusa, a Sudanese freelance journalist who was tortured and found abandoned and in extremely poor health on a Khartoum street on following her arrest by Sudanese National Intelligence and Security Service (NISS) officers. She was accused of advocating against the Government of Sudan and interrogated about articles she had written which were critical of Sudanese president Omar Al Bashir. The public order law in Sudan interferes even in classification of musical songs, dance and poetry and other cultural expressions. A Salafist religious policeman in Sudan can simply classify any song or dance as against the public order law and religion according to his religious understanding without any consideration for human rights or other law. The prudence afforded by the Public Order Law to policemen has led to serious and serious violations against Sudanese women in Sudan. There are crimes of rape by policemen who misuse the Public order laws in Sudan as evident in the case of Sofia Ishang. This is to say that crimes committed in Sudan by policemen under the Public Order Law alone shall ensure that the name of the Sudan remains under special procedures of the UN Human Rights Council
Economic Situation
The connection between the economic situation and human rights in Sudan curtails from thwarting Sudanese people from living in dignity. This is allocating all the resources of the state to support the war in Sudan, and as a result the deterioration of the economy and the economic situation of the individual economy without the minimum of poverty, where most Sudanese citizens live without access to the daily basic life needs. The bankruptcy and the total collapse of the Sudanese economy has been demonstrated in the rising prices of food and other basic consumer goods which are clear warning signs of economic collapse in the country. The soaring of inflations and continuing fall of the price of Sudanese pound rates and the bankruptcy of most commercial banks is a natural product of the failed economy policy. This bankruptcy was confirmed by the regime officials themselves including the former Sudan foreign minister, Ibrahim Goundor, who on 19/4/2018 declared a total collapse of Sudanese economy. Economic thieves in the government, who only allow the regime’s members to loot state resources do not care about rest of the Sudanese people.
The looting of state resources, especially Gold, by the Sudanese officials, has proved the testimony of some of those who have been excluded from within the regime itself. More confessions of looting public assets became clear when Mohamed Hamdan Dogola ( Hamidti) Commander of Rapid Support Forces declared on the National television few days ago that Sudanese Gold is smuggled from high rise building in Khartoum and not from the border. Hemidti further put the responsibility of the soaring increase of prices in markets in Sudan on Security and intelligence agencies for mishandling the economy and abusing the power for personal gains.
At the same interview he mentioned that the Rapid Support Forces in the past assisted the European Union to stop illegal immigration activities in exchange for financial assistance from the European Union for the Islamic regime in Sudan. Such confessions from a senior Sudanese official ensure that without doubt that the regime in Sudan is the first class looter of public resources and its dependency on mercenaries. Also it discloses the policy of Europeans states that support Sudan, a country with worst Human Rights records in the world. The Sudanese regime’s practice of this banditry economic policy and the policy of starvation will encourage Sudanese nationals to demand their legitimate rights such as the right to life, decent living and freedom of expression and rights related to political participation. The destruction of Sudanese economy and the starvation of Sudanese people by current regime is the largest violation of human right, considering that the economy is the main supporter of a dignified life and its absence means the disintegration and decomposition of morality will weaken within the whole Sudanese society. Based on this factual evidence the Human rights Council of the United Nations must keep the name of Sudan under special measures until the situation in Sudan is monitored closely. Also the Council must urge the, European countries to stop supporting the regime that violates the rights of its own people; otherwise the European Union will become partner in the crimes committed by Sudanese government in Darfur and other parts of Sudan.
Conclusion
From the above discussion, we can conclude that people in Sudan live in the centre of hell and the future of life in Sudan does not existence. Sudanese people face more risks in the event of the survival of the current regime or the continuation of the situation as it is now. And this requires from all of us and the United Nations Human Rights Council at its current session, in particular that UNHRC faces challenge of not to mix political issues with Human Rights cases. The UNHRC and powerful countries must place maximum pressure on the Sudanese government within strict procedures and under Article IV of the Charter of Human Rights in the manner that enables the Council to directly monitor Human Rights situation in Sudan and in the ways that supports the improvement of human rights situation
Dr. Alhadi Idris Yahya
Chairman, Sudan Liberation Movement- Transitional Council