CRES/004/4/12: Resolution on Sudan
We the participants at the NGO Forum preceding in the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights and the 25th African human Rights Book fair held from 14th-16 April, 2012 in Banjul, The Gambia
Considering the provisions of the Constitutive Act of the African Union, the Charter of the United Nations as well as those of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which the Sudan is a state party and that as a state party the Sudan is legally bound to fully and effectively implement the provisions of these instruments and respect and promote the human rights and fundamental freedoms set therein without discrimination on any ground;
Highly appreciating the efforts of the African Commission on Human and Peoples’ Rights to address the situation in Sudan including its October-November 2009 visit to Sudan and recalling in this regard previous resolutions on Darfur adopted by the African Commission since its 35th Ordinary Session held in Banjul during the period 21st May – 4th June 2004;
Welcoming regional and international efforts to combat impunity, to uphold fundamental justice to the victims and to maintain durable peace in Sudan including the decision of the International Criminal Court to hold accountable individuals accused of planning, executing, condoning or encouraging the commission of war crimes, crimes against humanity and genocide in Darfur;
Deeply concerned at the deteriorating situation of human rights and fundamental freedoms in Sudan, in particular the curtailment of the freedom of the press and media, arbitrary arrest and detention without legal preview of political opponents, torture and ill-treatment of detainees;
Strongly condemn numerous incidents of enforced disappearances committed in the regions affected the armed conflict in Sudan as well as extrajudicial killings and assassinations of students, pro-democracy activists and political opponents including the recent assassinations of Dr. Khalil Ibrahim, Mr. Abdel-Hakim Issa and Ms. Awaida Ajabna;
Outraged with the continuing reports of grave violations of human rights and international humanitarian law in Darfur, Southern Kordofan State and the Blue Nile State, including indiscriminate aerial bombardment of civilian targets and displacement of civilian populations, looting of homes and destruction of property;
Recalling the Provisional Measures ordered by the Commission in regards to the situation in South Kordofan on 7 November 2011;
Abhorring the decision of the Government of Sudan to prevent UN agencies, international relief organisations and humanitarian workers access to the war-affected populations thus putting the lives of a growing number of civilians, especially women and children, at high risk;
Taking into account the submission of the Republic of Sudan’s Fourth and Fifth Periodic Report to the African Commission;
Troubled by the complete failure of the Government of Sudan to implement the Commission’s Concluding Observations and Recommendations on the Third Periodic Report and past decisions of the African Commission in which the Commission requested the Republic of Sudan to abolish corporal punishment
Dismayed by the Sudanese authorities stance on the issues of citizenship and dual nationality, which is inherently hostile and a violation of the fundamental rights of millions of Sudanese now perceived as ‘foreigners’ and stateless in their place of birth of whom many are children
Hereby call on the African Commission to:
- Send, as immediately as possible, a fact finding mission to the Nuba Mountains in Southern Kordofan State and to the Blue Nile State and to report its findings without delay to the concerned regional institutions.
- Urge the Special Rapporteur on Freedom of Expression and Access to Information in Africa to use the mandate of the Rapporteur’s office to seek further information about the state of Freedom of Expression in Sudan by undertaking fact-finding missions to the country and engaging in consistent close monitoring of the situation.
- Call on the Government of Sudan to implement the African Commission’s decisions and recommendations on the Third Report of the Republic of Sudan (2003 – 2008), in particular to criminalize torture and all forms of violence against women, end corporal punishment, revise laws regarding press freedom, and repeal Article 22 of the National Security Act that provides for immunity.
- Urge the Sudanese and South Sudan authorities to respect the right to a nationality and freedom to determine one’s identity based on norms and international standards
- Call upon the African Commission to leverage its mandate and relationship with its Peace and Security Council to bring to the attention of the African Union the violation of threats to mass expulsion, which is forbidden under the African Charter on Human and Peoples’ Rights
- Take any additional measures to ensure that the Government of Sudan complies with its obligations under the African Charter on Human and Peoples’ Rights, the AU Constitutive Act, the UN Charter and all other regional and international human rights treaties to which Sudan is a state party. In particular the Commission should address the following:
- Demand that the parties to the conflict observe a cessation of hostilities arrangement, with immediate effect, end all military activities and attacks against civilians in Darfur, Southern Kordofan State and the Blue Nile State and put a halt to the grave violations of human and peoples’ rights in particular the forced displacement of civilians.
- Demand that all parties allows international relief organisations and independent reporters immediate and unconditional access to Darfur, Southern Kordofan State and the Blue Nile State in order to provide the necessary humanitarian assistance to the needy civilians in these regions.
- Call on the Government of Sudan to allow the safe return of displaced civilians in the war-affected regions to their areas of origin, and to restore their properties and land and to compensate the victims of the damage caused by government military actions in the two states.
- Demand that the government cease all violations of human and peoples’ rights including freedom of the press and to investigate all cases of extra-judicial killings and assassinations and bring those responsible for the commission of these crimes to justice.
- Call on the government that all persons held in its custody for political reasons or in connection with the internal armed conflict in Darfur, Southern Kordofan State and Blue Nile State must be brought before independent courts of law to determine the legality of their detention in accordance with existing regulations. All persons held without legal ground or out of judicial purview should be released without any further delay.
- Demand that the government of Sudan fully implement the recommendations made by the AU High-Level Panel on Darfur on the dispensation of justice and to expand international coordination around apprehension of all individuals accused by the International Criminal Court (ICC) of committing war crimes, crimes against humanity and genocide in Darfur.
- Demand that the government of Sudan disarm all militia groups including the PDF forces and tribal militias and to put an end to the impunity of members of the state security forces for crimes including rape and sexual violence and other human rights abuses committed against women and the girl child; and to investigate and discipline or prosecute as appropriate all perpetrators of human rights abuses.
- End abduction of women and children in the conflict areas.
Done in Banjul – 16th April 2012
