World Report 2011: Sudan
Events of 2010

Women cast their ballots at Abu Shouk's Internally Displaced Persons
(IDP) camp in Al Fasher, Northern Darfur on April 11, 2010.

© 2010 Reuters
Downloadable Resources: Sudan (PDF)
Related Materials: Democracy on Hold
More Coverage: More Reporting on SudanSudan's human rights environment
deteriorated in 2010 during the April elections and in the months
leading up to the historic referendum on southern self-determination,
scheduled for early January 2011. The referendum was called for as
part of the 2005 Comprehensive Peace Agreement (CPA), which ended
Sudan's 22-year civil war.

The April multi-party national elections, also prescribed by the CPA,
were marked by serious human rights violations and resulted in the
consolidation of power for both the national ruling National Congress
Party (NCP) and the Sudan People's Liberation Movement (SPLM), which
controls Southern Sudan. Omar al-Bashir - subject of an arrest warrant
from the International Criminal Court for crimes committed in Darfur -
was re-elected president of the national government, and Salva Kiir as
president of Southern Sudan and vice president of the national
government.

In the second half of the year domestic and international attention
shifted to the referendum, in which southerners will vote to either
remain part of a united Sudan or secede. Should southerners secede, a
parallel referendum in Abyei, the disputed oil-rich area straddling
the north-south divide, will determine whether that area remains part
of Sudan or joins Southern Sudan.

The parties made slow progress in resolving key issues around the
referendum such as voter eligibility in the Abyei referendum, and
post-referendum arrangements concerning citizenship rights, oil- and
wealth-sharing, and debt allocations.

Darfur, in western Sudan, saw continued large-scale attacks by
government forces on rebel forces and civilians, as well as an
increase in armed clashes between ethnic groups, particularly in South
and West Darfur. The United Nations and humanitarian agencies
increasingly came under attack and were targeted for robberies,
kidnappings, and killings by armed elements in Sudan's western region.

In January the parliament amended the Child Act, setting 18 years as
the legal age of majority. The previous year Sudan executed
Abdulrahman Zakaria Mohammed in El Fasher, North Darfur, for a crime
he committed at the age of 17. It remains unclear whether the
amendments to the child act will lead to a ban on the juvenile death
penalty in accordance with international law.

Rights Abuses in National Elections
Human Rights Watch documented numerous rights violations across Sudan
by both northern and southern authorities in connection with the April
elections. International and domestic election observers reported
widespread technical irregularities such as multiple voting,
ballot-stuffing, and other acts of fraud.

In the months leading up to the elections in the north, the ruling NCP
arrested opposition party observers and civil society groups,
suppressed peaceful assemblies by opposition party members in the
north, and restricted free association and speech. During the week of
the election, there were fewer cases of such restrictions, but Human
Rights Watch documented several cases of harassment, intimidation, and
arrests of opposition members and election observers in the north.

In Darfur, continued insecurity presented an obstacle to holding free
and fair elections. Large areas of Darfur were inaccessible to
election officials and candidates; insecurity due to banditry and
ongoing conflict restricted candidates' freedom of movement.

In Southern Sudan, throughout the elections process, security forces
engaged in widespread intimidation, arbitrary arrest, detention, and
mistreatment of opponents of the SPLM as well as of election observers
and voters.

In the weeks following the elections the human rights situation across
Sudan deteriorated, with renewed political repression in the north,
incidents of election-related violence in the south, particularly
where SPLM candidates ran against independent candidates, and ongoing
conflict in Darfur. The lack of accountability for abuses during the
elections did not bode well for a free and fair referendum process
nine months later.

Political Repression in Northern Sudan
The national government failed to enact institutional and legal
reforms, which are required by the CPA. The national legal framework
continues to allow censorship of the press and restrictions on freedom
of assembly and political expression. The new National Security Act,
passed in January, retains broad powers of arrest and detention for up
to four-and-a-half months, in violation of international treaties to
which Sudan is a party. Legal immunities for security forces remain in
place.

The post-election crackdown in Khartoum, Sudan's capital in the north,
included the May 15 arrest and six week detention of the opposition
figure Hassan al-Turabi and the arrest of four journalists from Rai al
Shaab, the newspaper affiliated with al-Turabi's Popular Congress
Party (PCP). One of the journalists was subjected to electric shocks
while in the custody of national security agents. In July three of the
journalists received prison sentences on charges of "attempting to
destabilize the constitutional system."

In addition, authorities resumed pre-print censorship, a practice that
al-Bashir publicly declared had ended in September 2009. Officials
banned articles that reported on the arrests of al-Turabi and the
journalists, and the escalating violence in Darfur. In the weeks that
followed authorities continued to censor papers through site visits
and telephone calls to editors-what Sudanese journalists call "remote
control censorship"-and shut down several newspapers.

National security forces continued to harass human rights activists
and target student members of the United Popular Front (UPF), a
student group that the government alleges has links to the Darfuri
rebel group led by Abdel Wahid al-Nur. Members of the group were
subjected to arrest, detention, ill-treatment, and torture.

Insecurity and Human Rights Violations in Southern Sudan
Vote-rigging and intimidation during the elections in the south led to
anger and frustration. Grievances over the election results led to
armed clashes, particularly in areas where the SPLM faced strong
opposition.

In northern Jonglei state, for example, forces loyal to a former
deputy chief of staff of the Sudan People's Liberation Army (SPLA) who
unsuccessfully ran for state governor as an independent candidate,
clashed with the SPLA on multiple occasions after the results were
announced. The SPLA's efforts to capture the renegade commander
resulted in numerous human rights abuses against the civilian
population in northern Jonglei including sexual violence. In Upper
Nile state, SPLA soldiers clashed with local militia whom they accused
of links to the SPLM-DC, a breakaway political party led by former
SPLM leader Lam Akol. The soldiers were responsible for killings and
rapes of civilians during these operations.

Patterns of intercommunal violence stemming from cattle-rustling and
other localized disputes across Southern Sudan continued to put
civilians at risk of physical violence and killings. The Lord's
Resistance Army also continued to pose a significant security threat
in western parts of the region, with attacks, abductions, and killings
reported on a monthly basis.

Neither the Government of Southern Sudan nor the UN Mission in Sudan
has adequately been able to protect civilians from these sources of
violence. Weaknesses in the justice sector and lack of accountability
mechanisms fostered an environment of impunity for violence and human
rights violations.

Civil and Political Rights and the Referendum
In the weeks preceding the referendum, Southern Sudanese communities
living in Khartoum and other northern states reported heightened
anxiety over the status of their citizenship rights following the
referendum. NCP officials publicly threatened that southerners may not
be able to stay in the north in the event of a secession vote. A
higher-than usual number of southerners returned to Southern Sudan
toward the end of 2010, with tens of thousands arriving in southern
states during voter registration in November. Although SPLM and
Government of Southern Sudan officials stated that they would protect
the rights of northerners living in the South, some northern traders
reported facing intimidation and moved to northern states. As of
mid-November, however, the two ruling parties had not formally agreed
to post-referendum citizenship arrangements. Both southerners in the
north and northerners living in Southern Sudan said that they feared
retaliation, even expulsion, if secession were approved.

Journalists and civil society activists across the country reported
that they were not free to speak openly about any opposition to the
prevailing sentiment regarding the outcome of the referendum. In
October security forces arrested a group of southern students speaking
out in support of secession at a pro-unity rally in Khartoum,
underscoring growing tensions. Although the head of the national
security service in early August lifted pre-print censorship in
northern states, repressive policies toward the media have caused many
Khartoum-based papers to self-censor on sensitive topics, including
the referendum outcome.

Deterioration in Darfur
Fighting in Darfur intensified in 2010, with armed clashes between
government and rebel forces, among rebel factions, and between armed
ethnic Arab groups in South and West Darfur. In Jebel Mara, a
stronghold of the Sudan Liberation Army (SLA) faction led by Abdel
Wahid al-Nur, fighting among SLA groups over support for the Doha,
Qatar peace talks and clashes between government forces and rebels
continued throughout the year. Government attacks on Jebel Mara
intensified again in September, destroying dozens of villages and
causing mass displacements. In Jebel Mun, another rebel stronghold,
and elsewhere, clashes between government forces and the Justice and
Equality Movement (JEM) intensified early in the year, following the
January rapprochement between Chad and Sudan, in which both
governments agreed to end support to rebel groups fighting in each
other's territory and to jointly patrol their common border.

The UN-African Union Mission in Darfur (UNAMID) was unable to access
most of the areas affected by violence, despite its mandate to protect
civilians under imminent threat of physical violence. Both government
and rebel authorities blocked the peacekeepers and humanitarian
agencies at various times. An increase in banditry, abductions, and
attacks on UN and humanitarian aid operations undermined the
international response.

Meanwhile the peace process at Doha foundered. JEM and the SLA faction
led by Abdel Wahid al-Nur and other groups boycotted the process,
leaving only one rebel group, the Liberation and Justice Movement
(LJM), to negotiate.

In September the Sudanese government released a new strategy on Darfur
that focused on the return of displaced persons to their home
villages. The plan did not provide clear safeguards for the rights of
displaced persons, such as their voluntary return. The government
repeated its intention to dismantle the camps, particularly the
volatile South Darfur Kalma camp, where political violence between
armed groups killed 10 people in August.

Between October 30 and November 3, Sudanese national security
officials arrested and detained more than 10 Darfuri activists and
journalists in Khartoum, and continue to hold them in unknown
locations without access to family or lawyers. The arrests were widely
viewed as a means to suppress information and advocacy on Darfur.

Key International Actors
International engagement on Sudan increased and intensified with the
elections and referendum, particularly by key CPA stakeholder
countries like the United States. The UN continues to deploy two major
peacekeeping missions in the country: the UN Mission in Sudan (UNMIS)
and UNAMID.

On September 24 the UN convened a high-level meeting on Sudan in which
the Sudanese parties to the CPA and 40 heads of state re-affirmed
their commitment to a timely, peaceful referendum in January 2011.

With the focus on the referendum, international attention shifted away
from Darfur, despite the deteriorating situation there and lack of
progress on a peace deal. The Sudanese government made little progress
in implementing recommendations of the AU High Level Panel on Darfur;
the AU and other influential leaders did not press the government to
do so. In general, the key stakeholder countries engaged on Sudan
continued to be divided in approach and willingness to use pressure to
influence the Sudanese government.

In Geneva, in September, the UN Human Rights Council renewed the
mandate of the Independent Expert on Sudan, maintaining a much-needed
avenue for human rights reporting, over objections from Sudan and its
allies. The two major peacekeeping missions in Sudan, UNMIS and
UNAMID, did not publicly report on their human rights concerns except
through regular reports to the UN secretary-general.

 The ICC continued its investigation of crimes committed in Darfur and
issued a second arrest warrant for President al-Bashir in July 2010,
adding genocide to charges on war crimes and crimes against humanity.
The same month, the AU reiterated a July 2009 call for its member
states not to cooperate in the arrest of al-Bashir. In a setback for
accountability Kenya and Chad - both states parties to the ICC -
allowed al-Bashir to enter their territories in July and August,
citing the AU decision.

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