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 Re: Human Rights Practices of Sudan -2002 (US human rights report-03/31/200 (Re: sudani)
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a. Freedom of Speech and Press
The Constitution provides for freedoms of thought, expression, and of the press "as regulated by law;" however, the Government severely restricted these rights in practice. Government detentions, intimidation, and surveillance of journalists as well as suspensions of newspapers continued to inhibit open, public discussion of political issues. There was self-censorship by journalists, and the Government confiscated entire issues of newspapers if it objected to an article.
There were a large number of independent daily newspapers, mainly in urban areas, and differing political views publicly were reflected to some extent. Several newspapers also reprinted articles from the international press, some of which were critical of government policies. There was coverage of debates in the National Assembly, which allowed the press to report much that was previously ignored. There was one government-controlled newspaper. Four publications remained under intensive scrutiny and experienced intimidation, interruption, and arrest of their editors.
The Government exercised control of news reporting, particularly of political topics, the war, and criticism of the Government, through the National Press Council and security forces. Newspapers were prohibited from publishing articles about the war with the exception of information provided by the Ministry of Defense or official government statements. Nevertheless, the local press did report the findings of the CPMT investigations. The National Press Council applied the Press law and was directly responsible to the President. It was charged with licensing newspapers, setting press policy, and responding to complaints. In the event of a complaint, it can give a newspaper a warning or suspend it for up to 15 days. It also can suspend a newspaper indefinitely and suspend journalists for up to 2 weeks. The National Press Council consisted of 21 members: 7 selected by the President; 5 from the National Assembly; 7 directly elected by journalists from the Journalists' Union; and 2 selected by the Journalists' Union leadership. Observers believed the Journalist's Union was government-controlled. The National Press Council was active in suspending journalists and newspapers in 2001. The National Press Council operated during the year.
During the year, the National Security Offices imposed restrictions on press freedom by suspending publications, detaining journalists and editors, confiscating already printed editions, conducting prepublication censorship, and restricting government advertising to progovernment media only. For example, on January 9, police interrogated a journalist for political views expressed in a newspaper column that was critical of the Government.
On March 7, two journalists were arrested in Khartoum for publishing caricatures of government officials and released after a few days. Security forces seized 3,000 copies of the newspaper.
On November 9, security forces arrested the editor of a Khartoum daily newspaper for criticizing the actions of the government during October clashes between students and police at several universities (see Section 2.b.) and released him after a week. At the same time, two daily newspapers were seized for failing to obey government instructions on how to report the student protests at Khartoum University.
The PNC newspaper Rai-al-Sh'ab (People's View) remained banned at year's end.
Radio and television were controlled directly by the Government and were required to reflect government policies. During the year, there was a marked expansion of government-controlled regional radio and television. Television has a permanent military censor to ensure that the news reflected official views. There were no privately owned television or radio stations, although the Government and private investors jointly owned one television cable company. The Government often charged that the international, and particularly the Western, media had an anti-Sudan and anti-Islam bias.
In spite of the restrictions on ownership of satellite dishes (see Section 1.f.), citizens had access to foreign electronic media; the Government did not jam foreign radio signals. In addition to domestic and satellite television services, there was a pay cable network, which directly rebroadcast uncensored Cable News Network, the British Broadcasting Company, the London-based, Saudi-owned Middle East Broadcasting Corporation, Dubai-TV, Kuwait-TV, and a variety of other foreign programs.
Internet access, which was potentially monitored, was available through two Internet service providers.
The Government restricted academic freedom. In public universities, the Government appointed the vice-chancellors who were responsible for running the institutions. While many professors lectured and wrote in opposition to the Government, they exercised self-censorship. Private universities were not subject to direct government control; however, professors also exercised self-censorship. The Government continued to determine the curriculum.
In January the Government introduced Student Discipline and Code of Conduct Acts in many universities. The new code required strict Islamic standards of dress and association, applied to Muslim and non-Muslim students alike (see Section 2.c.). A progovernment Islamic student militia attacked students during the year (see Section 1.c.).
On February 2, a student human rights activist was suspended for 12 months from Omdurman College of Technological Science for carrying out human rights activities. On March 2, security forces arrested a male student member of the SDF in Khartoum and severely beat him with water hoses and empty bottles.
In November the University of Khartoum was closed after progovernment administration officials banned student protests that called for student union elections. The administration refused new elections on the grounds that the students were not prepared for such elections, and that a large segment of the student body was fighting with the military forces in the south.
The Government officially required that young men between the ages of 17 and 19 enter military or national service to be able to receive a certificate upon leaving secondary school; the certificate was a requirement for entry into a university.
The SPLM/A and the NDA provided few opportunities for journalists to report on their activities. The SPLM/A restricted the freedom of speech among populations under its control.
b. Freedom of Peaceful Assembly and Association
The continuing National Security Emergency decree and the Criminal Procedure Act, which requires government approval for gatherings involving more than five persons, effectively circumscribed the right of assembly, and the Government continued to severely restrict this freedom. The authorities permitted only government-authorized gatherings and routinely denied permission for or disrupted gatherings they view as politically oriented. Islamic orders associated with opposition political parties, particularly the Ansar and Khatimia, continued to be denied permission to hold large public gatherings during the year. In June 2001, the Government declared a ban on all rallies and public demonstrations in the country, and announced that no permits would be authorized or issued; the ban remained in effect at year's end.
Security forces used excessive force, including beatings, tear gas, and firing of live ammunition to disperse unapproved demonstrations. For example, in October police used tear gas and rubber bullets to disperse a crowd of protesting university students. The students had gathered to mark the anniversary of the October 1964 protests against the military government of General Abboud. Also in October, security forces in Khartoum used tear gas and live ammunition to disperse forcibly demonstrations by students at Khartoum University; two persons were killed and several were injured.
No action was taken against security forces who forcibly dispersed demonstrations or meetings in 2001 or 2000.
The Government severely restricted freedom of association. There were 20 officially registered political parties; however, the law includes restrictions that effectively prohibit traditional political parties if they were linked to armed opposition to the Government. During the year, the Government amended the Political Parties Act to allow some former banned political parties to resume their activities; however, the parties still were unable to participate in elections unless the registrar was notified in writing. In November a loyalist of Hassan al-Turabi was jailed for hosting an "Iftar" dinner, an act the Government stated was a ruse for a political party meeting. Observers believed that the Government controlled professional associations.
The Government restricted diplomatic, international, and regional organizations' contact with any Sudanese political organizations, including the NDA, that the Government considered to be waging war against it.
In 2000 the SPLA implemented a 1999 MOU that was negotiated between the SPLM, NGOs, and donors and discussed increased SPLA control over NGO interaction with local communities, SPLA control over the planning and distribution of humanitarian assistance, a requirement to work "in accordance with SPLA objectives" rather than solely humanitarian principles, the payment of "security fees," and additional fees for services, including charges for the landing of aircraft carrying humanitarian aid and for NGO movement within SPLA-held areas. The MOU was in effect; however, it did not affect substantially NGO operations.
c. Freedom of Religion
The Constitution provides for freedom of religion; however, the Government severely restricted this right in practice. The Constitution states that "Shari'a and custom are the sources of legislation," and in practice the Government treated Islam as the state religion and declared that Islam must inspire the country's laws, institutions, and policies. Ten southern states, whose population was mostly non-Muslim were exempted from Shari'a.
There were reports that security forces harassed and at times threatened use of violence against persons on the basis of religious beliefs and activities. There continued to be reports that Christian secondary school students in Khartoum were not allowed to continue their compulsory military service because they attended church. New codes of dress and association based on strict Islamic standards were introduced by universities during the year, which reflected an effort by the Government to force religious observance on male and female members of opposition and non-Muslim student groups. During the year, Islamic students harassed, beat, and otherwise abused non-Sudanese African students; part of the motivation for such acts appeared to be religious (see Section 1.c.).
The Government placed the same restrictions on churches as it did on nonreligious corporations. Religious groups must register in order to be recognized or worship legally. Government approval was required for the use and construction of houses of worship. The Government permitted non-Muslims to participate in services in existing and otherwise authorized places of worship only. Registered religious groups were exempt from most taxes. Nonregistered religious groups found it impossible to construct a place of worship and were harassed by the Government. Registration reportedly was very difficult to obtain in practice, and the Government did not treat all groups equally in the approval of such registrations and licenses.
Authorities continued to restrict the activities of Christians, followers of traditional indigenous beliefs, and other non-Muslims, as well as certain Islamic groups. The Government generally was least restrictive of Christian groups that historically had a presence in the country, including Coptic, Roman Catholics, and Greek Orthodox and was more restrictive of newer Christian groups. Although the Government considered itself an Islamic government, restrictions often were placed on the religious freedoms of Muslims, particularly on those orders linked to opposition to the Government.
Applications to build mosques generally were granted in practice; however, the process for applications for non-Muslim churches was more difficult. The Government did not authorize the construction of any churches in the Khartoum area or in the district capitals; the Government often claimed that local Islamic community objections restricted the issuance of permits. While the Government permitted non-Muslims to participate in services in existing, authorized places of worship, the Government continued to deny permission for the construction of any Roman Catholic churches, although some other Christian groups have received permission. However, the Government permitted some makeshift structures in displaced persons camps to be used for Roman Catholic services.
Under the 1991 Criminal Act, non-Muslims may convert to Islam; however, conversion by a Muslim was punishable by death. In practice converts usually were subjected to intense scrutiny, ostracization, intimidation, torture by authorities and encouraged to leave the country.
PDF trainees, including non-Muslims, were indoctrinated in the Islamic faith. In prisons and juvenile detention facilities, government officials and government-supported Islamic NGOs pressured and offered inducements to non-Muslim inmates to convert. Some persons in the government-controlled camps for IDPs reportedly at times were pressured to convert to Islam. Children, including non-Muslim children, in camps for vagrant minors were required to study the Koran, and there was pressure on non-Muslims children to convert to Islam. Unlike in the previous year, there were no credible reports of forced circumcision during the year. There were credible reports that some children from Christian and other non-Muslim families, captured and sold into slavery, were converted forcibly to Islam.
In late October, there was a case involving the alleged abduction and forced conversion to Islam of a Coptic Christian woman in Omdurman. The lack of transparency in the case and ongoing allegations by the woman's parents that their daughter was forced into marriage and conversion against her will brought into question the fairness of the judicial system and its ability to ensure due process for all citizens. Nevertheless, the allegations of forced conversion were not confirmed.
Muslims could proselytize freely in the government-controlled areas, but non-Muslims were forbidden to proselytize.
Authorities sometimes harassed foreign missionaries and other religiously oriented organizations; and delayed their requests for work permits and residence visas. For example, Catholic priests in the north continued to have problems obtaining visas and occasionally were subjected to interrogations by internal security agents.
The Government required instruction in Islam in public schools in the north. In public schools in areas where Muslims were a minority, students had a choice of studying Islam or Christianity. Christian courses were not offered in the majority of public schools, ostensibly due to a lack of teachers or Christian students, which meant that many Christian students attended Islamic courses.
Children who have been abandoned or whose parentage was unknown--regardless of presumed religious origin--were considered Muslims and citizens and could be adopted only by Muslims (see Section 1.f.).
Minority religious rights were not protected. In government-controlled areas of the south, there continued to be credible evidence of prejudice in favor of Muslims and an unwritten policy of Islamization of public institutions, despite an official policy of local autonomy and federalism. In the past, some non-Muslims lost their jobs in the civil service, the judiciary, and other professions. Few non-Muslim university graduates found government jobs. Some non-Muslim businessmen complained of petty harassment and discrimination in the awarding of government contracts and trade licenses. Reports continued that Muslims (particularly supporters of the NIF) received preferential treatment for the limited services provided by the Government, including access to medical care.
Aerial bombings by the government in southern rebel-held areas at times have struck hospitals, schools, mosques, Christian churches, and interrupted religious services (see Section 1.g.). For example, in June, four bombs dropped in Ikotos struck the residence of the Christian bishop.
In SPLA-controlled areas, Christians, Muslims, and followers of traditional indigenous beliefs generally worshiped freely, however, many of the region's Muslim residents have departed voluntarily over the years. The SPLM officially favored secular government; however, Christians dominated the SPLM and local SPLM authorities often had a very close relationship with local Christian religious authorities.
For a more detailed discussion see the 2002 International Religious Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
The Constitution provides for freedom of movement and residence, including exit from and entry into the country; however, the Government severely restricted these rights in practice.
Movement generally was unhindered for citizens outside the war zones; however, travelers who failed to produce an identity card at checkpoints risked arrest. Foreigners needed permits for domestic travel outside of Khartoum, which often were difficult to obtain and sometimes refused; however, foreign diplomats could travel to many locations with a government escort. Foreigners must register with the police on entering the country, obtain permission to move from one location to another, and re-register at each new location within 3 days of arrival. Foreign NGO staffs at times had problems obtaining entry visas as well as work or travel permits once they had entered the country. In December 2000, the Government announced restrictions on travel by diplomatic, international, and regional organizations, and others into rebel-controlled areas without prior written permission from the Ministry of External Affairs. These restrictions remained in force at year's end.
The Government denied exit visas to some categories of persons, including policemen and physicians, and maintained lists of political figures and other citizens who were not permitted to travel abroad. For example, the Government has banned all travel to several outspoken human rights activists in Khartoum. Some former political detainees have been forbidden to travel outside Khartoum. The Government also restricted the external travel of Joseph Okel and other southern political leaders who were arrested in 2000 after meeting with a foreign diplomat. During the year, the Government claimed it had canceled the exit visa requirement for its citizens; however, in practice the Government still denied travel privileges to certain individuals when they arrived at exit ports (such as airports). The Government denied exit visas to NDA representatives during the year. Women cannot travel abroad without permission of their husbands or male guardians.
The SPLM/A restricted freedom of movement among populations under its control. Citizens from the north or from government-controlled areas reportedly were denied permission to enter SPLM areas and were treated as foreigners. Insurgent movements also required foreign NGO personnel to obtain permission before traveling to areas that they controlled; however, they generally granted such permission. NGO workers who have worked in government-held areas encountered problems receiving permission to work or travel in insurgent-held areas. There were reports in June 2001 that SPLM/A commanders were ordered not to permit persons to attend a reconciliation conference in Kisumu, Kenya. In addition, a conference held by Justice Africa in Kampala on Nuba and Blue Nile civil society was attended poorly because the SPLM/A did not permit the participants to obtain transportation clearance.
There were estimates that up to 4 million persons were displaced internally due to the civil war. Tens of thousands of persons, largely southerners and westerners displaced by famine and civil war, continued to live in squatter slums in the Khartoum area. The Khartoum state government planned to upgrade conditions in some camps, requiring the movement of populations to other areas so that roads may be built or enlarged and services established. The state government was in contact with foreign NGOs and U.N. agencies concerning this effort. During the year, displaced persons were included in a government housing development plan and were granted land in a new planned settlement area.
Nearly 500,000 Sudanese were refugees in neighboring countries. Refugees have fled to Uganda, Ethiopia, Eritrea, Kenya, the Democratic Republic of the Congo, and the Central African Republic.
The law includes provisions for the granting of asylum and refugee status in accordance with the 1951 U.N. Convention Relating to the Status of Refugees and its 1967 Protocol. The Government cooperated with the U.N. High Commissioner for Refugees (UNHCR) and other humanitarian assistance organizations and accorded refugees generally good treatment. The UNHCR reported that there were 349,209 refugees, primarily from Eritrea, Ethiopia, Chad, Uganda, the Democratic Republic of the Congo, and Somalia. Approximately 150,000 refugees were in camps, and the rest were scattered in urban areas throughout the country. The Government provided first asylum; however, no statistics were available for the year.
In 2000 the Government signed an agreement with the Government of Eritrea to repatriate longtime Eritrean refugees in the country. Although fighting between the Government and the NDA along the eastern border with Eritrea delayed the process, most Eritrean refugees that lived near the border voluntarily returned to Eritrea during the year. Security authorities also arrested, fined, imprisoned, and deported many Eritreans in Khartoum during October and November for alleged conspiracy with the Government of Eritrea to pass information on the mobilization of government forces.
In 2000 the UNHCR signed an agreement with the Government of Sudan and the Government of Ethiopia to repatriate pre-1991 Ethiopian refugees to their homeland by the end of the year. In 2001 and during the year, more than 12,000 Ethiopians chose to return with UNHCR assistance. The UNHCR also signed an agreement with the Governments of Sudan and Eritrea in 2001 to encourage the repatriation of some 300,000 Eritrean refugees. Although fighting along the Eritrea-Sudan border slowed the repatriation process, almost 100,000 refugees returned to Eritrea with UNHCR assistance by year's end.
There were some reports of the mistreatment of refugees, including beatings and arbitrary arrests by government officials. Refugees could not become resident aliens or citizens, regardless of their length of stay. The Government allowed a large number of refugees to work.
There were no reports that the Government forcibly returned persons to a country where they feared persecution.
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