Observatory for the Protection of Human Rights Defenders Annual Report 2005 - Sudan

Obstacles to freedom of association⁷⁷

On 4 August 2005, Mr. Omer Hassan Ahmed Elbashir, President of the Republic, signed a provisional presidential decree titled "Organisation of Humanitarian Voluntary Work Act".This bill, which includes serious restrictions to the freedom of association in Sudan, provides in particular for an increased control over and interference with local and international NGOs carrying out human rights and humanitarian activities.

By the end of 2005, this provisional decree, submitted to the Parliament, had still not been examined. In addition, Sudanese civil society addressed a memorandum to the Constitutional Court of Sudan in late September 2005, in order to denounce the unconstitutional provisions of the decree. However, the composition of the Court, established by the Peace Agreements reached in January 2005, had still not been defined by late 2005, de facto suspending any decision on the decree.

Registration requirements / Rejection and cancellation of registration

The provisional decree provides for the appointment, by the President of the Republic, of a "General Registrar of Organisations", which shall "register, renew and cancel registration of the federal civil society organisations and INGOs [international non-governmental organisations]". The General Registrar shall be entitled to "request any information or data concerning the work of any of [these] organisations and to examine the records thereof to ensure that procedures and actions taken are consistent with this Act". He will "form administrative investigation committees, whenever it is necessary to investigate violations committed with respect to this Act and regulations there under [...] by any civil society organisation, INGO or individuals belonging to the same".

NGOs will have to apply for registration with the General Registrar. The provisions of the decree notably stipulate that "any federal national civil society organisation" seeking registration should be composed of a minimum of 30 members. However, the Minister of Humanitarian Affairs or the General Registrar "may [...] approve registration of organisations which have less than 30 members", which gives the government a large discretionary power to decide which organisations shall or not be registered.

The registration of any civil society organisation might further be rejected: "a) if the statute [of the organisation] contradicts the provisions of this Act or the general policies set in connection with the voluntary and humanitarian work; [...] c) if the competent or technical specialised authorities do not approve the registration".

The registration of any federal national civil society organisation or foreign voluntary organisation might also be cancelled by the General Registrar if, "after the necessary investigation he is convinced that: [...] b) the civil society organisation or the INGO violated the provisions of this Act or its regulations, or violated the provisions of any other applicable law or the general policies of the State in the field of voluntary humanitarian work; c) if the founding members have ceased activities for a year".

The vagueness of the terms used in both the conditions for rejection and cancellation raises justified fears that some organisations might see their registration arbitrarily denied or cancelled.

The text foresees that "non-governmental organisations, unions, associations, national semi-governmental organisations and INGOs existing before the commencement of this Act shall rectify conditions thereof for registration pursuant to this Act in 90 days as from the date of issuance of this Act [...]."

Sanctions against NGOs

The General Registrar would be entitled, "following the conduct of the necessary investigation, in case of any violations to the provisions of this act or regulations there under and upon approval by the Minister [of Humanitarian Affairs], to inflict any of the following penalties: [...] b) issue a warning; c) suspend the activities of the organisation for any period he deems appropriate; d) dissolve the executive committee and form a transitional steering committee for a period not exceeding one year; e) cancel registration; f ) expel INGOs from Sudan; g) confiscate the property, funds and assets of the organisation or charity institution following confirmation of indictment or charge against the same by a competent court".

The General Commissioner for Humanitarian Work, who is at the head of the Humanitarian Aid Commission also established by the Decree and assigned by the President of the Republic, may "upon approval by the Minister, inflict the following penalties [...]: a) expel any foreigner appointed in any INGO or assigned tasks therein; b) dismiss any member of any national organisation or charity organisation upon recommendation of the competent authorities; c) prohibit any member from practising any kind of public voluntary activity for a period which he deems appropriate; d) refer any individual to a competent court on crimes and offences with respect to public funds obtained in an unlawful and suspicious manner; e) confiscate funds and properties illegally obtained by a member following confirmation or indictment or charge by a competent court".

Finally, in case of final cancellation of registration of an organisation, "all the assets and properties of the organisation whether fixed or mobile" shall also "go to the Ministry of Humanitarian Affairs".

Impediments to NGOs' foreign funding

According to the draft law, "no registered civil society organisation shall, under this Act, receive funds or donations from outside the country or from any foreign person inside the country or from any other body unless upon verification of the source of funds and approval by the Minister to this effect".

Repression against SUDO members⁷⁸

Ongoing judicial harassment of Mr. Ibrahim Adam Mudawi⁷⁹

On 24 January 2005, Mr. Ibrahim Adam Mudawi, president of the Sudan Social Development Organisation (SUDO), was arrested at his home in Kondoua (North Kordofan) along with one of his friends, Mr. Salah Mohammed Abdalrahman. Initially detained at the security forces headquarters in Umm Ruwaba city, they were both transferred to the security forces offices in Al-Obied.

On 19 February 2005, Mr. Mudawi went on hunger strike demanding to be charged or released. He was subsequently charged with attempting to commit suicide and taken to the Alfaisal clinic in central Khartoum.

Mr. Mudawi was released without charges on 12 March 2005.

Mr. Salah Mohammed Abdalrahman's whereabouts remained unknown until 17 March 2005, when he was finally announced to be detained in Kober prison, in Khartoum North. He was released without any official charge on 11 August 2005. In late 2005, Mr. Salah Mohammed Abdalrahman was receiving regular medical care at the Amel Center for Treatment and Rehabilitation of Victims of Torture, a member association of the Sudan Organisation Against Torture (SOAT), for the after-effects of the ill-treatment he suffered from during the detention. The Amel Centre was subjected to repeated attacks, intimidation and harassment in 2005.

On 8 May 2005, Mr. Mudawi was arrested again in the northern part of Khartoum by members of the National Security and Intelligence Agency (NSA), along with Mr. Yasir Saleem, a photographer at SUDO documentation unit, and Mr. Abdullah Taha, Mr. Mudawi's driver. On 10 May 2005, all three were placed under investigation and transferred to custody of the General Prosecutor in charge of Crimes Against the State at the Northern Khartoum detention centre ("Altanfeezi" centre). Mr. Mudawi and Mr. Yasir were indicted with "spying" (Article 53 of the Criminal Code), a charge carrying the death penalty, and "entering and photographing military areas and activities" (Article 57).

On 11 May 2005, Mr. Taha was released and the charges pressed against him were dropped.

On 12 August 2005, the General Prosecutor seized all computers of Mr. Mudawi's private firm as evidence.

Mr. Mudawi and Yasir were respectively released on 12 and 17 May 2005. In late November 2005, however, the charges pressed against them had still not been officially dropped.

Abduction of several SUDO members⁸⁰

On 29 September 2005, three members of the Sudan Liberation Army (SLA) attacked the vehicle of Messrs. Salah Idris Mohamed, SUDO coordinator in Alfashir, Mr. Ahmed Abakar Musa, SUDO accountant, and Mr. Salim Mohamed Salim, SUDO coordinator in ZamZam refugee camp (South Darfur), in ZamZam compound. The three SUDO members were then abducted and detained until 6 October 2005. In addition, their aggressors stole four million Sudanese Pounds (159 euros) from Mr. Abakar Musa.

Arbitrary arrest and detention of Mr. Mohamed Ahmed Alarbab⁸¹

Mr. Mohamed Ahmed Alarbab, a lawyer and human rights defender, was arrested in Khartoum on 1 October 2005, while investigating into the arrest of several persons involved in the 18 May 2005 riots in the Soba Aradi area of Khartoum.⁸²

While questioned at the Mayo police station, Mr. Alarbab was denied access to his lawyer and contact with his family, and was reportedly severely beaten and threatened.

Two days later, he was transferred to the Kalakla police station, where representatives of the United Nations Mission in Sudan (UNMIS) were allowed to visit him on 8 October 2005.

Mr. Alarbab was accused of "participating in the commitment of a criminal act" (Articles 21 and 24 of the 1991 Criminal Code), "murder" (Article 130), "crimes against the constitutional system" (Article 50), "crimes against the State" (Article 51), "public nuisance" (Article 77), and "sheltering a criminal" (Article 107). By the end of 2005, Mr. Alarbab was still detained at Kalakla police station.

Continued repression against SOAT⁸³

Intimidation and judicial proceedings against SOAT and its members⁸⁴

In late August 2005, the Sudan Organisation Against Torture (SOAT) was informed that the authorities had initiated several judicial proceedings following the publication of a SOAT press release on the wave of arrests operated in Khartoum, Juba and Malakal from 1 to 3 August 2005. The association was allegedly accused of "disclosing military information" (Article 59 of the Criminal Code), "dissemination of false information" (Article 66), "breach of public peace" (Article 69) and "public nuisance" (Article 77).

By late 2005, however, SOAT had still not been officially notified of these charges.

Ongoing harassment of Messrs. Faiçal Elbagir Mohammed and Nagmeldin Nagib⁸⁵

Mr. Faiçal Elbagir Mohammed, a journalist and SOAT member, correspondent for RSF in Sudan and leader writer for the newspaper Aladdwaa, whose activities have been regularly watched and controlled since 2001, continued to be subjected to persistent harassment by security services due to his stand in favour of human rights and freedom of expression.

On 17 April 2005, Mr. Elbagir Mohammed was intimidated and threatened following his contribution to a press conference convened by the Arab Union of Journalists and during which he publicly criticised the censorship regime and infringements to the freedom of the press in Sudan. At the end of the conference, NSA officers dragged him out of the hotel where the event had been held, insulted and questioned him, and attempted to take him to the police station. Mr. Elbagir argued that the officers had no warrant and refused to follow them. On the next day, however, NSA officers came to the Aladdwaa office to threaten the newspaper's management, and Mr. Elbagir's weekly editorial was withdrawn from the publication.

Furthermore, in September 2005, the Alwattan newspaper published slandering statements against Messrs. Elbagir and Nagmeldin Nagib, director of the Amel Center for Treatment and Rehabilitation of Victims of Torture and chairman of the Khartoum Centre for Human Rights and Environmental Development. They were accused, in an article written by an NSA officer, of embezzling funds and funnelling them to the leaders of the Communist Party.

Lastly, on 29 November 2005, Mr. Elbagir was contacted by NSA officers who summoned him to convey the names of all the persons scheduled for participating in a round-table entitled "Promotion of freedom of expression and civil society participation in the development of democratic media in Sudan", an event that Mr. Elbagir was organising at that time. As he refused to abide by their order, NSA officers came to the round-table with a video camera and filmed all participants.

Arbitrary arrest and detention of two MSF representatives⁸⁶

On 30 May 2005, Mr. Paul Foreman, director of the Dutch section of Doctors Without Borders (Médecins Sans Frontières), was arrested in Khartoum and brought before the General Prosecutor in charge of crimes against the State, who charged him with "disseminating false information" (Article 66 of the 1991 Criminal Code), "omission to produce document or deliver statement" (Article 96) and "spying against the country" (Article 53), a criminal offence liable with death. These charges were pressed after the publication, in March 2005, of a report detailing 500 rape cases in Darfur in the course of four months and a half.

The government had reportedly requested, through the Humanitarian Aid Commission (HAC), the publication of this report to be suspended on the grounds that the information it circulated was "false" and that "these kinds of erroneous reports damaged the image of the country". The authorities had further demanded that MSF-Holland hand over all medical documentation and evidence of the allegations put forward in the incriminated report. MSF-Holland had refused to name its sources or to share its medical files, arguing the mandatory respect of doctor-patience confidentiality.

On 31 May 2005, Mr. Foreman was released on a 4,000 US dollars (3,200 euros) bail. After four hours of questioning, he was further notified that he was banned from leaving Sudanese territory until his trial.

That same day, Mr. Vincent Hoedt, MSF regional coordinator in Darfur, was also arrested in Nyala, South Darfur, and transferred to Khartoum. He was released on a 4,000 US dollars (3,200 euros) bail after a few hours, and similarly banned from leaving the country.

On 19 June 2005, all charges pressed against Messrs. Foreman and Hoedt were dropped.

Administrative sanctions against NRC⁸⁷

In May 2005, the Norwegian Refugee Council (NRC), which had coordinated humanitarian and medical assistance in the Kalma refugee camp since 2004, was ordered to suspend its activities and leave the camp. The organisation's licence to operate in the country was finally renewed for another three months, until it expired on 22 August 2005. By the end of 2005, the renewal of this authorisation had still not been granted, as HAC decided to adjourn its decision on the matter.

In addition, national security officers brought to the NRC headquarters a letter from HAC informing that two of the organisation's protection officers were to leave the Darfur region within 72 hours for having allegedly falsified their travel permits.

Arbitrary detention of Messrs. Nour Eldin Mohamed Abdel Rahim and Bahr Eldin Abdallah Rifa⁸⁸

No reliable information on the whereabouts or possible release of Messrs. Nour Eldin Mohamed Abdel Rahim, a Fur omda (tribal leader) in Shoba, and Bahr Eldin Abdallah Rifa, a Fur omda in Jabal, was available in 2005. The two omdas had been arrested in May 2004 by security forces in Kabkabia (North Darfur), after participating in a meeting about human rights violations in the Kabkabia region with local authorities and representatives of the Red Cross. During this meeting, Messrs. Abdel Rahim and Abdallah Rifa had provided the representatives of the Red Cross with information on the existence of mass murders and graves, as well as other serious human rights violations against the civilian population of the region.

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[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

77. See Open Letter to the Sudanese authorities, 7 November 2005.

78. Idem.

79. See Annual Report 2004, Urgent Appeals SDN 001/0104/OBS 001.1, 001.2 and Open Letter to the Sudanese authorities, 7 November 2005.

80. See Open Letter to the Sudanese authorities, 7 November 2005.

81. See Urgent Appeal SDN 002/1005/OBS 096 and Open Letter to the Sudanese authorities, 7 November 2005.

82. On 18 May 2005, police forces entered the Soba Aradi Area of Khartoum under the government decision to relocate Internally Displaced Persons from Darfur and South Sudan. Violence erupted during this operation, and the ensuing riot killed 14 persons including police officers, civilians and two children. Following these events, hundreds of people were arrested on the street in Soba Aradi; from 27 June to 3 July 2005, 59 of them appeared before the courts on charges of rioting, and 31 of the defendants including six children were found guilty. Adults were sentenced to imprisonment and the six children to 20 lashes each. Persons who remained detained on remand – some of them charged with murder – were denied access to their lawyers and visits of their families ever since they were placed in detention.

83. See Annual Report 2004.

84. See Open Letter to the Sudanese authorities, 7 November 2005

85. See Annual Report 2004.

86. See Urgent Appeals SDN 001/0605/OBS 038, 038.1 and Open Letter to the Sudanese authorities, 7 November 2005.

87. See Open Letter to the Sudanese authorities, 7 November 2005.

88. See Annual Report 2004.