CRES/002/10/2013 – SUDAN
We, the participants of the NGO Forum preceding the 54th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) and the 28th African Human Rights Book Fair held from 18th – 20th October, 2013 in Banjul, The Gambia
Considering the demonstrations that erupted throughout Sudan on 23 September following President Omar Al-Bashir’s announcement, on September 22, of cuts to fuel subsidies, resulting in a sharp increase in the price of petrol and gas;
Condemning the violent repression of these demonstrations by Sudan’s police, Central Reserve Forces (CRF) and the National Intelligence and Security Services (NISS);
Condemning in particular the use of live ammunition and tear gas to disperse demonstrators;
Concerned by the fact that this disproportionate use of force by Sudan’s CRF and NISS state agents has led to the deaths of at least 170 persons;
Concerned by the fact that more than 800 persons have been arbitrarily arrested and detained following the demonstrations, with several reports of ill-treatment;
Denouncing in particular the arbitrary arrest and detention of prominent human rights defenders and political activists;
Considering that during the demonstrations, freedom of expression and the right to information have been constantly repressed;
Denouncing in particular the suspension and censorship of several newspapers and media outlets, the arbitrary detention and harassment of journalists and the prohibition of individual journalists from publishing;
Recalling the June – July 2011 violent repression of demonstrations in Sudan which led to the deaths of 12 individuals, including ten children, and the arbitrary arrest and detention of over 300 individuals and widespread torture and ill-treatment;
Recalling that there has been no prosecutions for the perpetration of torture and excessive use of force that resulted in injuries and the loss of life and that the findings of announced state fact-finding missions have not been made public;
Concerned by the increasing infringements to fundamental rights and freedoms of expression, opinion, assembly and association throughout Sudan;
Denouncing in particular the current clampdown by Sudanese authorities on all dissenting voices, including human rights defenders, journalists, bloggers, youth movements representatives, and political opponents;
Considering the provisions of articles 4, 5, 6, 7 and 9 of the African Charter on Human and Peoples’ Rights providing for the right to life and integrity, the right to liberty and security, the right to fair trial, and the right to receive information;
Considering article 45.2 of the African Charter and articles 79-82 of the ACHPR’s Rules of Procedures related to the protection mandate and activities of the ACHPR;
Considering the provisions of articles 7, 9, 14, 19 and 21 of the International Covenant on Civil and Political Rights providing for the right to liberty and security, the right to fair trial, freedom of expression, information and peaceful assembly;
Considering the UN Declaration on Human Rights Defenders and the latest report by the UN Special Rapporteur on the rights to peaceful assembly and to association;
Considering the provisions of the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials providing for conditions in which force may lawfully be used without violating human rights;
Calls on the African Commission on Human and Peoples’ Rights to adopt a resolution on the situation in Sudan:
- Condemning the killings of demonstrators by the NISS and CRF;
- Condemning the arbitrary arrests and detentions of demonstrators and calling for their immediate release;
- Condemning the serious restrictions to fundamental rights and freedoms;
- Calling upon the Sudanese authorities to fully abide by their regional and international obligations to respect fundamental rights and freedoms;
- Calling for the deployment of a Commission of Inquiry by the African Union and/or the African Commission on Human and Peoples’ Rights (ACHPR) to investigate the facts concerning human rights violations committed by Sudanese forces and the circumstances that led to the deaths of at least 170 demonstrators as well as the arrest of over 800 people and to identify those responsible, as well as calling on the national authorities to bring those responsible to justice;
- Calling upon Sudanese authorities to ratify – without further delay – the African Charter on Democracy, Elections and Governance and the Protocol to the African Charter on the Establishment of the African Court and to make the declaration under article 34.6 allowing individuals and NGOs to have direct access to the Court.
Done in Banjul, The Gambia on 20th October, 2013
