Human Rights Violations in South Kordofan

April 11, 2018 (African Centre of Justice and Peace Studies)

The African Centre of Justice and Peace Studies (ACJPS) documented human rights violations associated with attacks on civilians including sexual violence, arbitrary arrest and detention and killing of civilians that occurred in South Kordofan from January to March 2018. The Military Intelligence has continued to target civilians with arbitrary arrest and detention on basis of their perceived political affiliation with the Sudan Peoples' Liberation Movement-North. ACJPS also documented the rape, at gun point, of a 20 year old by an officer of the Sudan Armed Forces and the killing of three civilians by two soldiers of the Sudan Peoples' Liberation Movement-North.

Human rights violations against civilians in conflict settings continue to occur as victims face barriers to justice and accountability due to lack of effective mechanisms and legal immunities afforded to government authorities, fostering a climate of endemic impunity.  Victims and/or survivors of sexual violence face even tougher barriers and often do not report incidents due to insecurity, stigma, the fear of reprisal and other obstacles. Among the obstacles are laws and policies that fail to ensure a safe environment for reporting sexual and gender based violence incidents and a consistent failure to prosecute these crimes.

Cases of sexual violence in South Kordofan

On 3 March 2018, Ms. Daisy (not her real name), 20 year old woman, was raped at gun point by two soldiers in uniform from the Sudan Armed Forces as she was out fetching firewood.

From March 2014 to October 2017, Ms. Stacy (not her real name), 39 year old, married woman was sexually abused and exploited by Mr. Khalid Gaffer, a security guard at the Aldalang University, after he threatened to report her to the Military Intelligence that she was communicating with her husband who is a member of the  SPLM-N.

Arbitrary arrest and detention

On 15 January 2018, the Military Intelligence under the command of Sudan Armed Forces (SAF) stationed at the Barnwa checkpoint in South Kordofan arrested Mr. Saeed Mohamed Saeed, a 28 year old from the Nuba tribe, as he was traveling back from Lagawa town. He was detained incommunicado at an unknown location and released on 18 February 2018.  Reasons for his arrest remain unknown.

On 23 February 2018, the Military Intelligence stationed at the Abuhabil bridge checkpoint arrested Mr. Shaib Ismail, a 24 year old, and detained him at the SAF headquarter base in Aldalang, in South Kordofan.

On 6 March 2018, the Military Intelligence of Al Abbasiya Tagali in South Kordofan arrested Mr. Mohamed Awad, 38 year old, and detained him at the military intelligence base in Al Abbasiya Tagali. It is suspected that he was detained on basis of perceived political affiliation with the Sudan Peoples' Liberation Movement-North (SPLM-N)

On 6 March 2018, the Military Intelligence of Um Rawaba in North Kordofan arrested Mr. Mansour Altoum from the Um Rawaba Market and detained him at the military intelligence base in Al Abbasiya Tagali. It is suspected that he was detained on basis of perceived political affiliation with the Sudan Peoples' Liberation Movement-North (SPLM-N).

Shooting of civilians

On 5 March 2018, two SPLM-N soldiers shot and killed three civilians in Kulundo area, a locality within the SPLM-N controlled area in Eastern Al Abbasiya Tagali. The names of the deceased are:

1. Omer Yusuf, 63 year old
2. Adam Aleimam Jubana, 36 year old
3. Mohamed Abdulrahim Kabashi, 56 year old.

ACJPS condemns the continued attacks against civilians and calls on the Government of Sudan to:

• Officially and publicly condemn arbitrary attacks, unlawful killings, and sexual violence and make clear that these acts are absolutely prohibited and will be prosecuted.
• Investigate the reported sexual violence with an aim of identifying and prosecuting perpetrators, including waiving of immunities to ensure effective prosecution.
• Stop the persecution of communities in South Kordofan and persons suspected of affiliation with the SPLM-N and guarantee the right to freedom of association and other fundamental freedoms.
• Charge or release the detainees in the absence of valid legal charges consistent with international standards; guarantee their physical safety including granting them immediate and unequivocal access to their lawyers, family members and medical services.
• To immediately put in place measures to protect civilians especially the vulnerable groups and strengthen structures to ensure availability of effective complaint, protection and reparation measures to respond to attacks on civilians including sexual and gender based violence.
• To immediately put in place an effective criminal justice mechanism to respond to all forms of sexual and gender based violence.

ACJPS further condemns the killing of the three civilians by the SPLM-N soldiers and calls on SPLM-N to investigate and prosecute the soldiers involved and further ensure the protection of civilians within their territory in accordance with international law.

ACJPS calls upon the Government of Sudan and the SPLM-N to immediately prioritise reaching a comprehensive agreement aimed at ending the violence and restoring peace to the people of Southern Kordofan and Blue Nile.

Background

ACJPS is particularly concerned by the quasi-total impunity enjoyed by perpetrators of the violations documented. ACJPS condemns in the strongest terms the grave violations of human rights and international humanitarian law in South Kordofan, Blue Nile and Darfur, including the continued indiscriminate aerial bombing of civilian populated areas the use of cluster bombs, and other indiscriminate attacks on civilians by Government forces and allied militia, as well as the continued blockade of humanitarian aid, looting, destruction of civilian facilities, killings and sexual violence committed by paramilitary forces and other Sudanese government forces, which has led to forced displacement of civilian populations. Thus, ACJPS urges the Government of Sudan to address the continued impunity of security forces and ensure accountability for the grave violations of human rights and international humanitarian law.

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