UN urges restraint one year after Sudan coup

Thousands of Sudanese took to the streets of Khartoum and all major cities across the country on Friday to commemorate the 58th anniversary of the 1964 ‘October Revolution’ that overthrew the junta of Maj Gen Ibrahim Abboud to usher in general elections the next year.

Authorities pre-empted the anniversary demos by closing the Mak Nimir bridge, as well as inspecting other bridges in order to halt processionary routes headed to Khartoum.

Similar processions were also launched in cities across Sudan’s states, including Wad Madani, Atbara, Singa, Kosti, Nyala, El Fasher and Zalingei in Darfur, as well as Kassala and Gedaref in eastern Sudan.

Former Prime Minister Abdallah Hamdok considered the 1964 October Revolution “a qualitative starting point in the field of the Sudanese popular revolutions”.

United Nations human rights commissioner

With the upcoming protests planned for October 25, marking one year since the coup began, the United Nations Office of the High Commissioner for Human Rights (OHCHR) have called on the Sudanese authorities to refrain from the use of force and ensure that people “exercise their rights to peaceful assembly, freedom of opinion, and expression”.

OHCHR reiterated that the rule of law be respected, pointing to the right to peaceful assembly, which is “protected under international human rights law, including under the International Covenant on Civil and Political Rights, to which Sudan is a State Party”.

The UN office also proposed that any current investigations into human rights abuses perpetrated in the wake of the coup, “are expedited and conducted in full compliance with international norms and standards”. The organisation emphasised the need for those in Sudan to witness justice, and for all those found responsible of human rights violations are tried and held to account.

The African Centre for Justice and Peace Studies (ACJPS) also expressed similar sentiments, urging the African Commission on Human and Peoples’ Rights to “address the crackdown on peaceful demonstrators and ongoing violations of human rights in Sudan”.

Source: Radio Dabanga

Op-Ed: No immunities from prosecution for grave human rights violations or serious international crimes can be contemplated

Since the October 25 2021 military coup, rumours of an “imminent” political breakthrough have circulated countless times. This time around, almost exactly one year since the coup, a deal between the military and the Forces for Freedom and Change (FFC) may actually be drawing nearer.

Setting aside questions of the FFC’s legitimacy as a representative negotiation body—and with the important caveat that it is difficult to parse truth from speculation at the moment—at REDRESS (where I work on anti-torture and accountability issues in Sudan) we have read with alarm recent reporting about some features of the possible forthcoming agreement. Earlier this week, a story in Bloomberg indicated that “under the suggested deal… the pact would provide some form of independence and immunity from prosecution for the military, concessions that would roll back commitments made in a constitutional document written after Bashir’s fall.”

Indeed, outside of provisions contained within the Constitutional Document 2019, immunities from prosecution for certain crimes would also mark a significant departure from even the draft constitutional agreement prepared by the Sudanese Bar Association (SBA) (which reportedly forms the basis of the contemplated deal). Discussed here again without either endorsing or rejecting the process resulting in the document, the draft agreement as circulated earlier this month appears to proscribe any immunities for war crimes, crimes against humanity, extrajudicial killings, violations of human rights and international humanitarian law, the crime of undermining the constitutional order, and the crimes of corruption that were committed within the time period between June 30, 1989 and the date of signing this Constitution.

‘No concessions to the military in relation to immunities should be accepted…’

On this point, at least, the SBA is correct. Without knowing more about the specifics of the deal, no concessions to the military in relation to immunities should be accepted by either Sudanese opposition groups or international mediators—since this would be contrary to the international prohibition on amnesties in respect of international crimes subject to a treaty-based obligation to prosecute. This includes genocide, crimes against humanity, war crimes, torture, and enforced disappearance.

For example, Sudan is a party to several treaties, including the Convention against Torture and the Convention for the Protection of All Persons from Enforced Disappearance, which impose a concrete duty to investigate and prosecute acts of torture and enforced disappearance—both of which have been systematically deployed since the coup.

Human rights bodies, particularly the UN Human Rights Committee, which is responsible for interpreting the International Covenant on Civil and Political Rights (ICCPR), have clearly stated that “amnesties are generally incompatible with the duty of states to investigate [acts like torture],” because “states may not deprive individuals of the right to an effective remedy, including compensation and such full rehabilitation as may be possible.”

Some might argue that amnesties are necessary in Sudan to facilitate a political transition, looking to the example of other post-conflict contexts in which conditional amnesties were extended to support national reconciliation (see, for example, amnesty laws enacted in Uganda and Nicaragua). Evidently the military has made this point strongly, and perhaps persuasively.

‘Transitional justice requires accountability for serious human rights violations to erode these practices in the future…’

But the story of Sudan’s post-independence, post-coup politics is also one about the absence of respect for the rule of law and human rights protections; to take a leap of faith with regards to the military’s meaningful commitment to breaking the cycle of abuses and impunity now would be foolish. Transitional justice requires accountability for serious human rights violations to erode these practices in the future. Beyond adversely affecting victims’ access to the truth of what happened and to reparations, the extension of immunities from prosecution to actors responsible for serious international crimes will not promote a genuine and lasting transition towards a democratic Sudan.

In June 2022, at REDRESS we explained in greater detail what I will summarise now as the peace vs. justice problem: in democratising societies, victims will (for obvious reasons) expect justice, often in a courtroom, while internal and external political actors will prioritise stability, including economic stability, for the sake of what they present as long-term peace. “Long-term peace” often wins out over “justice.” But this is an unhelpful and false dichotomy, because impunity encourages repetition of violations and shakes victims’ trust in the rule of law—ultimately perpetuating the cycle of instability and human rights abuses which the revolution and pre-coup transitional agreement were designed to overcome for good.

This is exactly what has historically happened in Sudan and most recently. The task now is not to repeat these mistakes. Serious engagement with human rights and transitional justice challenges is a prerequisite for a democratic and peaceful Sudan. To this end, preventing the extension of immunities for grave human rights violations and international crimes is an obvious first step.

Source: Radio Dabanga

Sudan dissolves consumer protection group

The Sudanese authorities abruptly dissolved a group for consumer protection and confiscated its assets on Sunday.

The Sudanese Society for Consumer Protection (SSCP) had been already banned by the former regime in 2015. The group resumed its activities al-Bashir’s collapse.

Yasir Mirghani, SSCP Chairman told Sudan Tribune that he received the decision of the cancellation of the association registration on Sunday.

A delegation of seven people visited the association’s buildings to seize its assets, in addition to confiscating seals, headed paper, and all documents, Mirghani said.

He added that the authorities gave them three days to implement the decision.

The Humanitarian Aid Commission did not explain the reason behind the dissolution of the group.

The SSCP sued the telecommunications companies bringing a court to order them to restore internet services after the military coup in October 2021.

The voluntary group also used to launch campaigns to control prices in the markets.

Mirghani said that the association is currently hosted on the premises of the Environmental Protection Association, as they have no money to rent their own office. He added that they do not own cars.

He confirmed that they had taken legal measures to contest the dissolution of their group, including a hierarchical appeal to the general Commissioner of the Humanitarian Action Commission, and the Minister of social affairs. stressing they will go to court if the administration fails to reverse its decision.

Source: Sudan Tribune

Sudan will sell its Special Drawing Rights at IMF, says finance minister

Finance Minister Gibril Ibrahim announced that his government plans to sell Sudan’s Special Drawing Rights (SDR) to the International Monetary Fund (IMF) as the country has no sufficient resources to fund its programmes.

Sudan has the equivalent of one billion dollars of SDR, which is part of a loan of 2.4 billion dollars approved by the IMF on June 29, 2021. the remaining 1.4 billion dollars served to pay off its debts to the Fund.

The loan was agreed upon within the framework of international efforts to support the civilian government to become eligible to benefit from the Heavily indebted poor countries (HIPC) initiative after 30 years of international isolation.

After his return to Khartoum, Ibrahim spoke to the official Sudan TV on Saturday about his participation in the annual meetings of the Boards of Governors of the International Monetary Fund, the World Bank Group, central bank governors, and finance ministers, which were held in Washington, DC, from October 10 to 16.

He said he discussed with the financial institutions ways to provide his ministry with the necessary resources to finance the agricultural sector and vital sectors in the country.

According to the minister, IMF staff would resume technical assistance to Sudan and a delegation would arrive in the country soon. Also, he said he received pledges to renew the period granted by the International Monetary Fund to reach the completion point of Sudan’s debt forgiveness.

“We have further identified new means for obtaining loans, including a special window to finance food security. This is a new window that did not exist before, and it is specific to the agricultural sector. The second window is related to the climate change programme,” he said.

“These windows have nothing to do with debt forgiveness,” he stressed.

The minister added that the IMF officials agreed to sell some of Sudan’s SDR.

They agreed to “convert to dollars a part of the Special Drawing Rights that Sudan got last year, which amounts to 650 million SDR, to use it in financing vital sectors in the country,” he further said.

The minister did not specify the SDR amount that converted to one billion dollars. The transitional civilian government planned to use this money as a deposit that would qualify the country for significant loans to rehabilitate the Sudanese economy at the end of the debt relief process.

The military coup that overthrew the civilian government in October 2021 negatively affected the economic situation as the international community and financial institutions suspended their support calling for the restoration of the civilian-led transition.

Sudanese economists reached by Sudan Tribune ruled out the international community would approve such an operation. They added that the sale of Sudan’s SDR would resolve the economic crisis in Sudan.

“The speech of the Minister of Finance indicates his desire to sell Sudan’s rights to some countries to take advantage of those funds to support the collapsed economy,” University economics professor al-Tijani Mustafa told Sudan Tribune on Sunday.

Mustafa pointed out that Ibrahim is struggling to obtain funds to support the 2023 budget, which is fully funded by domestic taxes.

For his part, the economic expert, Mohamed Alnayer, told Sudan Tribune, on Sunday; the money that Sudan may get from the SDR would not solve the economic crisis.

Source: Sudan Tribune

Hamar ‘Central Kordofan’ lobby clears En Nehoud road to North Darfur after week-long closure

Protesters from the Hamar tribe have reopened the road linking En Nehoud in West Kordofan to the North Darfur capital of El Fasher after a week-long closure. They have given the Sudan government a month to implement their demands to establish the state of ‘Central Kordofan’ with its capital at En Nehoud.

The Head of the Higher Committee for the Implementation of the Decisions of Hamar People, El Safi Hamad, told Radio Dabanga that the road (B26) was reopened and the sit-in lifted on Thursday evening, following a visit by a delegation from the Sudan government in Khartoum, which included representatives of the Sovereignty Council, and a number of ministries and regular agencies. They promised the Hamar committee that they will present their demands to the authorities in Khartoum.

Hamad explained that their demands include placing the public funds collected in the city of En Nehoud in a special account that is not related to West Kordofan state.

“If the central government does not respond to the demands of the Hamar, we will return to the sit-in, block the road, and stop collecting money again,” he added.

As previously reported by Radio Dabanga, the Hamar organised a large demonstration in En Nehoud on October 1 and also occupied premises of the Sudanese Company for Mineral Resources. In a press statement at the time, Hamad said that they are calling for a new state of Central Kordofan consisting of six localities with En Nehoud as its capital.

Conflict

Fighting broke out in Abu Zabad on September 11 following a conflict concerning the demarcation of the border between the Hamar and Misseriya nomadic tribes in the area. The clashes, that lasted until the next morning, left at least six people dead. More than 20 others were injured.

The African Centre for Justice and Peace Studies warned that the conflict could have serious negative impacts on the region, which might also impact South Kordofan. The conflicting parties signed a reconciliation agreement on September 21.

Appeals

The Sudan People Liberation Movement-North, of which the faction led by Abdelaziz El Hilu controls parts of South Kordofan, called on all the tribes of West Kordofan to unite and explained that the strife between the Misseriya and the Hamar does not benefit either of the two tribes. The rebel movement appealed to the two parties to reconcile and find harmony but stressed that the state must play its role in facilitating this.

Source: Radio Dabanga