Freedom in the World 1999 - Sudan

1999 Scores

Status: Not Free
Freedom Rating: 7.0
Civil Liberties: 7
Political Rights: 7

Overview

Sudan's 17-year civil war continued in 1999 with no end in sight. As political wrangling within the government upstaged peace initiatives, the inauguration in May of a new oil pipeline raised the stakes in the bloody conflict, which has caused as many as two million deaths from combat, famine, and disease.

Africa's largest country has been embroiled in civil wars for 33 of its 43 years as an independent state. It achieved independence in 1956 after nearly 80 years of British rule. The Anyanya movement, representing mainly Christian and animist black Africans in southern Sudan, battled Arab Muslim government forces from 1956 to 1972. The south gained extensive autonomy under a 1972 accord, and for the next decade, an uneasy peace prevailed. In 1983, General Jafar Numeiri, who had toppled an elected government in 1969, restricted southern autonomy and imposed Shari'a (Islamic law). Opposition led again to civil war, and Numeiri was overthrown in 1985. Civilian rule was restored in 1986, but war continued. Lieutenant General Omar al-Bashir ousted a freely elected government in 1989. He now rules through a military-civilian regime backed by senior Muslim clerics, including Hassan al-Turabi, who wields considerable power as leader of the ruling National Congress (formerly National Islamic Front) and speaker of the 400-member national assembly.

The current conflict broadly pits the country's Arab Muslim north against the black African animist and Christian south. Some pro-democracy northerners, however, have allied themselves with southern rebels, led by the Sudan People's Liberation Movement (SPLM), to form the National Democratic Alliance (NDA), while northern rebels of the Sudan Allied Forces have staged attacks in northeastern Sudan. Some southern Sudanese groups have signed peace pacts with the government, and there is fighting among rival southern militias. A convoluted mix of historical, religious, ethnic, and cultural tensions make peace elusive, while competition for economic resources fuels the conflict.

Despite a declared unilateral ceasefire, the government continued to bomb civilian and military targets, and to arm tribal militias as proxy fighting forces. Tens of thousands of people were displaced by fighting among various government and rebel factions. Peace talks in Kenya between the government and the SPLM reopened in July after a yearlong break to discuss the questions of southern self-determination and the application of shari'a in the south. However, talks resulted only in an agreement to set up a secretariat in Nairobi to facilitate further discussion. Other initiatives included a joint Libyan-Egyptian plan, supported by the NDA but not the SPLM, for a permanent ceasefire and a reconciliation conference.

The inauguration of a 950-mile oil pipeline from the Muglad basin to the Red Sea in May lent increased urgency to peace efforts. Built by a consortium of Chinese, Canadian, Malaysian, and Sudanese companies, the pipeline represents a threat to rebels, who regard it as increased government funding of the war effort against them. Government fears of rebel attacks on the pipeline were realized when the opposition Ummah Liberation Army bombed it in September, shortly after the first export of 600,000 barrels to Singapore.

Weary of a war that has devastated Sudan economically, and concerned about the security of its new oil pipeline, the government made overtures to opposition groups throughout 1999. In January, a constitutional amendment came into effect lifting a ten-year ban on political parties. Some 17 parties registered, though the NDA and the SPLM refused, calling the amendment a government attempt to enhance the NC's grip on power. In July, the government agreed to return property confiscated ten years ago from the opposition Democratic Unionist Party (DUP). Al-Bashir also pardoned dozens of political prisoners and in December allowed the family of Ummah Party leader and former prime minister Sadiq al-Mahdi to return from exile. Al-Bashir signed an agreement in November with al-Mahdi calling for the establishment of a democratic federal system of government and a referendum on southern self-determination.

In September, al-Turabi began maneuvering to marginalize al-Bashir. At a National Congress Consultative Authority conference, he adopted a plan to restructure the party, placing himself at the head of a new leadership body and dissolving two bodies headed by al-Bashir. The move granted him sweeping powers to make key political decisions for the government. But in December, on the eve of a legislative vote to curb al-Bashir's power, the president dissolved parliament and declared a three-month state of emergency. Although al-Turabi called al-Bashir's "coup" a detriment to democracy, al-Bashir maintained the support of the military, opposition parties, his cabinet, the media, and regional leaders, who generally mistrust al-Turabi because of his Islamist agenda. By year's end, al-Bashir and al-Turabi agreed to preserve the unity of the National Congress, with al-Bashir as chairman and al-Turabi as secretary-general.

Political Rights and Civil Liberties

Sudanese cannot change their government democratically. President and Prime Minister al-Bashir claims electoral legitimacy through heavily manipulated March 1996 elections that cannot credibly be said to have reflected the will of the Sudanese people. Elections were also held in 1996 for 264 members of the national assembly; the remaining 136 seats are filled by presidential appointment. In January, the government permitted the registration of political associations after a ten-year ban and then held state assembly elections without giving the newly registered parties time to field candidates. Most opposition parties refused to register, citing a requirement that they express loyalty to the National Congress's Islamic agenda.

Serious human rights abuses by nearly every faction involved in the war have been reported. "Ghost houses," or secret detention and torture centers, are reportedly operated by secret police in several cities. In May 1999, the government acknowledged the problem of "abduction and forced labor of women and children" and set up a committee to address it. Relief agencies have liberated thousands of slaves by purchasing them from captors in the north and returning them to the south. The government continued to bomb civilian installations and relief sites. The SPLA apparently murdered three captured government employees and a Red Crescent officer despite international demands for their release. The war's devastation has been compounded by famine and disease among the displaced population, which numbers some four million. Fighting hampers the distribution of food and medical relief, while ethnic clashes among rebel ranks complicate the conflict.

The judiciary is not independent. The chief justice of the supreme court, who presides over the judiciary, is government-appointed. Regular courts provide some due process safeguards, but special security and military courts are used to punish political opponents of the government. Criminal law is based on Shari'a, and provides for punishments including flogging, amputation, crucifixion, and execution. Ten southern, predominantly non-Muslim states are exempt from parts of the criminal code.

Security forces act with impunity, and arbitrary arrest, detention, and torture are problems. Human Rights Watch (HRW) reported that a journalist tortured during a month in security detention showed visible wounds upon release. Prison conditions do not meet international standards. According to HRW, 16 children living with their mothers in the Omdurman Women's Prison died of diseases inside the prison.

The government has gradually eased press restrictions since 1997, but journalists practice self-censorship in order to avoid harassment, arrest, and closure of publications. Reportedly, there are nine daily newspapers and a wide variety of Arabic- and English-language publications. All of these are subject to censorship. The daily Al-Rai Al-akhar, known for its critical reporting of economic and political conditions in Sudan, was suspended at least six times in 1999. Other newspapers were suspended for "harming the nation and the economy," while several journalists were arrested for alleged violations of national security. A press law provision adopted in June allows the press council to impose penalties on journalists for "professional errors." Broadcast media are directly controlled by the government and present only National Congress views. Despite restrictions on ownership of satellite dishes, citizens use them to access a wide range of foreign media.

Emergency laws in effect since 1989 severely limit freedom of assembly, and the government cracked down on protests and unregistered organizations. Eight men were detained in April for attending a seminar organized by an opposition activist. In September, several students were wounded and dozens arrested as police cracked down on an antigovernment protest.

The government treats Islam as the state religion, and the constitution claims Shari'a as the source of its legislation. At least 75 percent of Sudanese are Muslim, though most southern Sudanese adhere to Christian or traditional indigenous beliefs. Under the 1994 Societies Registration Act, religious groups must register in order to gather legally. Registration is reportedly difficult to obtain. The government continues to deny the Roman Catholic Church permission to build churches while it destroys Christian schools, churches, and centers. Catholic priests face random detention and interrogation by police. A Canadian Catholic priest was expelled in August with no official explanation. Islamic organizations associated with the banned Ummah and Democratic Unionist parties are regularly denied permission to hold public gatherings. Their leaders were harassed and detained intermittently in 1999. Apostasy is a capital crime.

Women face discrimination in family matters such as marriage, divorce, and inheritance, which are governed by Shari'a. Nine female students in Khartoum were flogged in June on charges of "obscene acts," which apparently referred to their wearing trousers. Public order police frequently harass women and monitor their dress for adherence to Islamic standards of modesty. Female genital mutilation occurs despite legal prohibition, and rape is reportedly routine in war zones.

There are no independent trade unions. The Sudan Workers Trade Unions Federation is the main labor organization, with about 800,000 members. Local union elections in 1992 and 1997 were rigged to ensure the election of government-approved candidates. A lack of labor legislation limits the freedom of workers to organize and to bargain collectively.