Thursday, July 1, 2010

HRW Report on April 2010 Sudan Elections – Summary, Recommendations

In a series of articles, I will republish the HRW Report on April 2010 Sudan elections and post-electoral troubles. Continuing on the same policy path, Khartoum plays directly into the colonial game of Sudan´s worst enemies who have planned the largest African country´s final and comprehensive dissolution. The present Report justifies the most daring anticipations of forthcoming troubles. In this article, I republish the Introduction, the Glossary of Acronyms, the Summary, the Recommendations and the Methodology. In forthcoming articles, I will republish further parts of the HRW Report.

Democracy on Hold - Rights Violations in the April 2010 Sudan Elections

http://www.hrw.org/en/reports/2010/06/29/democracy-hold-0

This 32-page report documents numerous rights violations across Sudan by both northern and southern authorities in the period leading up to, during, and following the April elections. These abuses include restrictions on freedom of speech and assembly, particularly in northern Sudan, and widespread intimidation, arbitrary arrests, and physical violence against monitors and opponents of the incumbent parties by Sudanese security forces across the country. The report is based on research carried out between November 2009 and April 2010 in Khartoum and Southern Sudan.

Contents

Democracy on Hold - Rights Violations in the April 2010 Sudan Elections

Map of Sudan

Glossary of Acronyms

Summary

Recommendations

To the Government of National Unity and the Government of South Sudan

To the United Nations, the African Union, the European Union, Concerned Governments, and International Donors

Methodology

I. Background

II. Pre-Election Violations

Northern Sudan and Darfur

Arrests of Observers and Activists

Suppression of Free Assembly

Freedom of the Press Violations

Control of State-Owned Media

Lack of Security

Southern Sudan

Arrests, Detentions, and Mistreatment: September-December 2009

Arrests, Detentions, and Mistreatment: January-April 2010

Clampdown on Media

III. Violations during the Election Period

Northern Sudan

Darfur

Southern Sudan

Central Equatoria

Western Equatoria

Western Bahr el Ghazal, Northern Bahr el Ghazal, and Unity

IV. Post-Election Violations

V. International Response

VI. Conclusion

Acknowledgments

Glossary of Acronyms

AU African Union

CPA Comprehensive Peace Agreement

DUP Democratic Unionist Party

EU European Union

GNU Government of National Unity

GoSS Government of Southern Sudan

ICC International Criminal Court

IGAD Intergovernmental Authority on Development

NCP National Congress Party

NEC National Elections Commission

PCP Popular Congress Party

SPLA Sudan People´s Liberation Army

SPLM Sudan People´s Liberation Movement

SuDEMOP Sudan Domestic Election Monitoring and Observation Programme

SuGDE Sudanese Group for Democracy and Elections

SuNDE Sudanese Network for Democratic Elections

UNAMID African Union-United Nations Hybrid Operation in Darfur

UNMIS United Nations Mission in Sudan

Summary

Between April 11 and 15, 2010, Sudan held its first multi-party national elections in almost 25 years—a milestone set forth in the 2005 Comprehensive Peace Agreement (CPA) that ended a 22-year civil war between the country´s northern Arab-dominated government and southern non-Arab populations. However, a range of human rights violations marred the historic vote, and now threaten to jeopardize the referendum on self-determination that Southern Sudan is scheduled to hold in January 2011.

Human Rights Watch documented numerous human rights abuses perpetrated by the two main partners in the Government of National Unity (GNU): the ruling National Congress Party (NCP) and the former southern rebel movement, the Sudan People´s Liberation Movement (SPLM). These include arbitrary arrests and intimidating opponents, voters, and election observers before and during the election period, when international and domestic election observers reported numerous electoral irregularities. These reports led the National Elections Commission (NEC) to hold new elections in many constituencies.

Since the election, the situation has worsened. In northern states, the NCP, which dominates the GNU, has cracked down on opponents, activists, and journalists; in southern states, the SPLM and its security forces have fought forces allied to independent candidates; in Darfur, the Sudanese government continues to fight rebel forces and the civilians with whom they are aligned, deploying aerial bombs and ground forces to do so.

Political intolerance, repression, and violence have eroded the legitimacy of the elections across Sudan, and violated the right of the Sudanese people to elect their government in genuinely free and fair elections. They have contributed to a worsening human rights situation throughout the country by emboldening the NCP and SPLM—neither of which have not been forced to account for their actions—in their clampdown against opponents. They have raised the specter of growing instability in states such as Central Equatoria, Jonglei, Unity, and Western Bahr el Ghazal, and they have set a worrying precedent for Southern Sudan´s forthcoming referendum on self-determination.

International observers and diplomatic missions have failed to explicitly and resolutely criticize these documented human rights and electoral abuses, or to call for accountability and reform. The US and EU have been relatively muted in their criticism, expressing concern about voting "irregularities," circumscribed political freedoms, and elections that fall short of international standards. But they have not condemned the widespread abuses, nor have they pressed for accountability and reforms. Meanwhile, the Arab League (also known as the League of Arab States), African Union (AU), and Intergovernmental Authority on Development (IGAD)—a seven-country regional organization based in East Africa—have issued statements that failed to mention election-related abuses at all.

The international community, and specifically Sudan´s foreign partners and sponsors to the CPA, including the United States, the United Kingdom, and Norway, must urge Sudanese authorities to end abuses and cease granting impunity to those who commit them. In order to bolster chances for a peaceful referendum in January 2011, and to ensure the democratic transformation that the CPA envisages, they must also intensify pressure on Sudan to improve its human rights record, and condemn human rights violations, intimidation, and violence.

The Government of National Unity and the semi-autonomous southern Government of Southern Sudan (GoSS) should both act immediately to restore public confidence in the country´s political process by ending repression of civil and political rights, and other human rights violations. Arbitrary arrests must stop, and opposition members and political and student activists who have been arbitrarily detained must be released. Allegations of abuse including those related to elections must be investigated and prosecuted. Human Rights Watch also urges Sudanese authorities to undertake legal and institutional reforms of the national security, media, and electoral bodies to ensure free and fair elections in the future.


In addition, although Omar al-Bashir has been re-elected as Sudan´s president, he is still wanted by the International Criminal Court (ICC) on charges of war crimes and crimes against humanity committed in Darfur. The Sudanese government must cooperate with the court, as required by United Nations Security Council Resolution 1593, to bring to justice al-Bashir and two other Sudanese suspects subject to warrants issued by the ICC.1 These are Ahmed Haroun, former state minister for humanitarian affairs and current governor of Southern Kordofan, and the Janjaweed militia leader known as Ali Kosheib (a pseudonym for Ali Mohammed Ali), both of whom also face charges of war crimes and crimes against humanity committed in Darfur.

Note

1. United Nations Security Council, Resolution 1593 (2005), S/RES/1593 (2005),

http://www.un.org/Docs/sc/unsc_resolutions05.htm (accessed June 20, 2010), para. 2 ("Decides that the Government of Sudan and all other parties to the conflict in Darfur shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution"). In addition, Resolution 1593 "urges" other states (including states that are not parties to the court) and relevant regional and international organizations to "cooperate fully" with the ICC. Ibid. Moreover, the ICC´s Rome Statute obligates states that are parties to the court to cooperate under its article 86. Rome Statute of the International Criminal Court, A/CONF.183/9, July 17, 1998, entered into force July 1, 2002, art. 86.

Recommendations

To the Government of National Unity and the Government of South Sudan

Respect the rights to freedom of expression, association, and assembly enshrined in the African Charter on Human and Peoples´ Rights, the African Union Declaration on the Principles Governing Democratic Elections in Africa, and the International Covenant on Civil and Political Rights.

The Government of National Unity (GNU) should urgently reform the repressive national security apparatus as envisioned in the Comprehensive Peace Agreement and bring flawed criminal and media laws in line with the Interim National Constitution. Undertake appropriate reforms to ensure a transparent and impartial elections commission and process in the future.

Immediately end the practice of arbitrary arrests and detentions, torture, and mistreatment of political party members, civil society activists, journalists, and students. Release those who remain in detention without a legal basis, and charge those detainees against whom there is a legal case.

Investigate allegations of abuse, including beatings and torture by GNU and GoSS security forces. Conduct investigations in a competent, independent, and impartial manner. Discipline or prosecute officials found to be implicated in torture or physical abuse, regardless of their rank.

Ensure all GNU and GoSS security forces are held accountable for deviating from international and domestic human rights standards, in which they should be trained. Such training should address torture and mistreatment, unlawful and arbitrary detentions, and proper professional conduct. Clearly explain to security officials what constitutes torture.

Hold soldiers accountable for all crimes against civilians, including human rights violations committed in the course of duty. In particular, the Sudan People´s Liberation Army (SPLA) should immediately issue clear instructions to commanders that soldiers will be prosecuted for any crimes they commit against civilians, including illegal (or arbitrary) arrest and detention. The SPLA should promulgate an enforceable code of conduct that incorporates human rights and humanitarian obligations, and ensure it is disseminated to all soldiers ahead of the 2011 referendum on southern self-determination. Both the GNU and the GoSS should respect press freedom, including the media´s right to publish on all matters of concern—even if they are politically sensitive—such as the conflict in Darfur, the ICC, the elections, and the referendum on southern self-determination.

The GNU should fulfill its obligations to cooperate with the ICC, including

surrendering to the court those subject to ICC arrest warrants.

To the United Nations, the African Union, the European Union, Concerned

Governments, and International Donors

Insist upon, and provide technical assistance for, urgent reform of the GNU´s national security, criminal, and media laws in conformity with the Interim National Constitution, and for reforms to ensure a transparent and impartial national elections commission in the future.

Consistently and publicly condemn further abuses by the national and Southern Sudanese authorities, such as arbitrary arrests and detentions of political opponents, activists, journalists; repression of assembly and speech; and any other acts of political repression.

Call on the GNU to cooperate with the ICC, and for al-Bashir and other Sudanese ICC suspects to appear in The Hague to respond to charges of war crimes and crimes against humanity committed in Darfur, as required by United Nations Security Council Resolution 1593. Ensure that all interaction with the Sudanese government is consistent with Sudan´s obligation to cooperate with the ICC by avoiding meeting with ICC suspects unless absolutely essential.

The United Nations Mission in Sudan (UNMIS) and African Union-United Nations Hybrid Operation in Darfur (UNAMID) should increase human rights monitoring and promotion and protection activities in the lead-up to the referendum. The missions´ human rights units and the UN Office of the High Commissioner for Human Rights (OHCHR) should increase the frequency of public reporting on human rights concerns in Sudan and, when necessary, issue statements pressing Sudanese authorities to end specific abuses.

Methodology

This report is based on Human Rights Watch research missions to Southern Sudan in November and December 2009, and March and April 2010; and to Khartoum in March and April 2010.

During these visits, Human Rights Watch researchers conducted more than 100 interviews with a wide range of sources, including government officials, international and Sudanese organizations, journalists, civilians, and victims of human rights abuses.

Interviews were conducted in Central Equatoria, Western Bahr el Ghazal, Northern Bahr el Ghazal, and Unity states in the South, and Khartoum in the North. Interviews were primarily conducted in English and Arabic in private locations. In many cases, the names of interviewees are withheld out of concern for their security.

Researchers also conducted research by telephone and email correspondence, and reviewed relevant materials published by the UN, international and Sudanese organizations, and commissions and other bodies within the Government of Southern Sudan and the Government of National Unity.

No incentives were offered or provided to persons interviewed, and verbal consent was received from all interview subjects. All participants were informed of the purpose of the interview, its voluntary nature, and the ways in which the data would be collected and used. No witnesses who declined to participate in interviews were under any pressure to do so.
Print Email
Bookmark and Share

Dr. Muhammad Shamsaddin Megalommatis

Orientalist, Historian, Political Scientist, Dr. Megalommatis, 53, is the author of 12 books, dozens of scholarly articles, hundreds of encyclopedia entries, and thousands of articles. He speaks, reads and writes more than 15, modern and ancient, languages. He refuted Greek nationalism, supported Martin Bernal´s Black Athena, and rejected the Greco-Romano-centric version of History. He pleaded for the European History by J. B. Duroselle, and defended the rights of the Turkish, Pomak, Macedonian, Vlachian, Arvanitic, Latin Catholic, and Jewish minorities of Greece.

Born Christian Orthodox, he adhered to Islam when 36, devoted to ideas of Muhyieldin Ibn al Arabi. Greek citizen of Turkish origin, Prof. Megalommatis studied and/or worked in Turkey, Greece, France, England, Belgium, Germany, Syria, Israel, Iraq, Iran, Egypt and Russia, and carried out research trips throughout the Middle East, Northeastern Africa and Central Asia. His career extended from Research & Education, Journalism, Publications, Photography, and Translation to Website Development, Human Rights Advocacy, Marketing, Sales & Brokerage. He traveled in more than 80 countries in 5 continents.

He defends the Human and Civil Rights of Yazidis, Aramaeans, Turkmen, Oromos, Ogadenis, Sidamas, Berbers, Afars, Anuak, Furis (Darfur), Bejas, Balochs, Tibetans, and their Right to National Independence, demands international recognition for Kosovo, Abkhazia, South Ossetia, the Turkish Republic of Northern Cyprus, and Transnistria, calls for National Unity in Somalia, and denounces Islamic Terrorism.

Freedom and National Independence for Catalonia, Scotland, Corsica, Euskadi (Bask Land), and (illegally French) Polynesia!

Break Down the Persian Tyranny of the Ayatullahs of Iran!

Freedom for 25 million Azeris in Southern Azerbaijan!

Selected links to online editions of Prof. M. S. Megalommatis´ books and articles: http://community.webshots.com/user/hannoedmegalommatis; http://community.webshots.com/user/wenamunedmegalommatis; http://community.webshots.com/user/redseamegalommatis; http://community.webshots.com/user/tudelamegalommatis; http://community.webshots.com/user/megalommatis; http://community.webshots.com/user/turkeygreecemegalommatis; http://community.webshots.com/user/greeceturkeymegalommatis; http://community.webshots.com/user/seapeoplesmegalommatis; http://community.webshots.com/user/megalommatisegyptaegean; http://community.webshots.com/user/christianitymegalommatis;
http://community.webshots.com/user/megalommatisinarabic;
http://community.webshots.com/user/megalommatisvaria