Closure of NGOs / Eviction of relief and humanitarian NGOs / Confiscation of material and equipment / Harassment

Sudan

March 11, 2009

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Sudan.

New information:

The Observatory has been informed by reliable sources of the closure by Sudanese authorities of the Amal Centre for the Rehabilitation of Victims of Torture - Alfashir and Nyala branch and the Sudan Social Development Organisation (SUDO), two organisations operating in Darfur and of the continued harassment faced by the Khartoum Centre for Human Rights and Environmental Development (KCHRED. The three organisations were working in the provision of support to victims of human rights violations, in particular victims of torture and victims of the ongoing conflict in Darfur.

According to the information received, on March 4, 2009, the National Intelligence State Security (NISS) and the police broke the doors of KCHRED's offices and removed everything from the offices including computers, a safe and all other material. On the same day, the Amal Centre was closed down. Finally, on March 5, 2009, SUDO received a notification by the Federal Humanitarian Aid Commissions (HAC) that the organisation had been closed down. On the same day, security forces subsequently surrounded SUDO headquarters and Dr Ibrahim Adam Mudawi, Chairperson of SUDO, was warned of his imminent arrest and advised to leave immediately. One day earlier, on 4 March 2009, SUDO office in Nyala was raided by security forces and computers and documents were confiscated. This followed a similar raid against SUDO office in Zalingei. On 3 March 2009, Ibrahim Mudawi was notified of a court case filed against him by the Federal and Khartoum State Humanitarian Aid Commissions for alleged embezzlement of 40,000 USD by SUDO in 2004.

On March 4, 2009, Sudanese authorities also ordered ten foreign aid NGOs to leave the country, including Action Contre la Faim (ACF), Care International, CHF International, International Rescue Committee (IRC), Mercy Corps, both the French and Dutch branches of Médecins sans Frontières (MSF), Norwegian Refugee Council, Oxfam GB, Solidarite, PATCO and Save the Children Fund of both the United Kingdom and the United States. Roughly 6,500 national and international personnel, which equates to 40 percent of aid workers in Darfur, are departing in the wake of the Sudan government’s decision, according to the United Nations. Government officials acting on orders entered aid agency compounds and took property from the NGOs. The seizures were aimed only at laptops and communications equipment, but hypothetically all of the aid materials in the logistical pipeline could be affected by the order.

The sudden halt of their aid programs, in a large part of the territory of Sudan, mainly in Darfur, will have an immediate and devastating effect on the populations. According to a statement made on March 6, 2009, by the UN Deputy Emergency Relief Coordinator, Ms. Catherine Bragg, 4.7 million people receive aid in Darfur.

Eviction orders have been appealed by relief and humanitarian NGOs according to Sudanese law, while the close down of local NGOs cannot be appealed according to the Humanitarian Act of 2006. These events constitute blatant violations of the Interim Constitution Bill of Rights, the right to voluntary work, and the freedoms of peaceful assembly and expression.

The crackdown against human rights and humanitarian NGOs and human rights defenders recently intensified in the last few weeks as the decision by the International Criminal Court (ICC) on the request issued on 14 July 2008 by the ICC Prosecutor to issue an arrest warrant against President Omar Bashir approached. The ICC issued the arrest warrant against President Omar al-Bashir on 4 March 2009.

The Observatory strongly condemns the increasing harassment of human rights defenders by Sudanese authorities and urges Sudanese authorities to re-register the three NGOs and cancel the expulsion order faced by the ten relief and humanitarian NGOs.

The Observatory fears that, in the next weeks, the crackdown will include more civil society organizations and human rights defenders.

Background information:

On March 1, 2009, the Minister of Social Affairs of Khartoum State issued a Ministerial decree No. 2/2009 based on Article 53(a) of the Khartoum State Interim Constitution 2006 and Article 18(a) of Khartoum State Voluntary Act 2000 in which the latter confirmed the recommendation of the Khartoum State's Humanitarian Aid Commissioner to cancel the registration of the KCHRED and to close it down. KCHRED's staff was also informed that the police would ensure that nobody can have access to the premises and that all staff have evacuated the Centre.

A few days before, on February 19, 2009, KCHRED's bank account was frozen also by decision of the Khartoum State's Humanitarian Aid Commissioner. Recently, KCHRED staff members have been subjected to several acts of intimidation and harassment. Mid-February 2009, KCHRED was subjected to a number of sudden raids carried out by agents of the Federal and Khartoum State Humanitarian Aid Commissions carried out without prior notice. KCHRED staff was also subjected to numerous summons for interrogation by the same agents on the nature of its work and sources of funding. They were also defamed and targeted on numerous occasions in newspapers, such as Mr. Amir Mohamed Suliman, Chairperson, who was referred to as a traitor in the newspaper Al Ra'id on January 13, 2009, in relation to his alleged participation to a seminar on international justice.

Finally the Observatory recalls that at the end of November 2008 three human rights defenders, Mr. Osman Hummaida, Mr. Abedlmonim Aljak, and the KCHRED Chairperson were arbitrarily detained, interrogated and tortured on the grounds of their alleged collaboration with the ICC. The first two human rights defenders, fearing for their safety, were then forced to leave Sudan.

Actions requested:

Please write to the authorities of Sudan, urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of all human rights defenders in Sudan;
2. Put an end to any act of harassment against the activities of KCHRED, Amal Centre and SUDO, repeal the decision to close them down and ensure in all circumstances that its members are able to carry out their work freely without any hindrances;
3. Repeal the expulsion order faced by ACF, Care International, CHF International, IRC, Mercy Corps, both MSF branches, Norwegian Refugee Council, Oxfam GB, Solidarite, PATCO and both Save the Children Funds;
4. Put an end to any kind of harassment against all human rights defenders in Sudan;
5. Comply with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
6. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by Sudan.

Addresses:

• H.E. President Omar Hassan Ahmad al-Bashir, Office of the President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: +249 183 774339 or +249 183 776554,
• H.E. Salva Kiir Mayardit, First Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax +249 183 779977 or +249 183 780796,
• H.E. Ali Osman Mohamed Taha, Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax +249 183 779 977 or + 249 183 771651,
• Mr. Abdel Bassit Sabdarat, Minister of Justice, Ministry of Justice, PO Box 302, Khartoum, Sudan, Fax : + 249 183 780796, E-mail: info@sudanjudiciary.org,
• Mr. Deng Alor, Minister of Foreign Affairs, Ministry of Foreign Affairs/External Relations, PO Box 873, Khartoum, Sudan, Fax : +249 183 776554,
• Mr. Ibrahim Mohamed Hamed, Minister of Internal Affairs, Ministry of Interior, PO Box 873,Khartoum, Sudan, Fax: +249 183 779383,
• Dr Abdelmuneim Osman Mohamed Taha, Advisory Council for Human Rights, Rapporteur, PO Box 302, Khartoum, Sudan, Fax: +249 183 77 08 83, E-mail: advisory council info@achr.gov.sd,
• Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, Switzerland, Tel: +41 22 731 26 63, Fax: +41 22 731 26 56, Email: mission.sudan@bluewin.ch / mission.sudan@ties.itu.int,
• The Embassy of Sudan in Brussels, Avenue F.D. Roosevelt 124, 1050 Brussels, Belgium. Tel.:0032 (2) 647 51 59 / 0032 (2) 647 94 94, Fax: 0032 (2) 648 34 99, Email: sudanbx@yahoo.com

Please also write to the diplomatic missions or embassies of Sudan in your respective country.

Paris-Geneva, March 11, 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

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E-mail: Appeals@fidh-omct.org
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