The 17th of August 2019 saw the signing of a Draft Constitutional Declaration, coupled with a Political Agreement, ignite fresh hope in those with eyes on Sudan that the legal and social status of human rights would be elevated and secured. Following a 30-year dictatorship of the country by the National Congress Party, which was marked by authoritarian state practices that drew intense scrutiny from various human rights authorities, the 2019 revolution made respect for human rights a priority and made it an explicit demand within Sudan. Unfortunately, the rapid developments that showed promise within a short span of 2 years were drastically undermined by a military coup in October 2021 that has left human rights work in Sudan in a precarious position.
LEGAL DEVELOPMENTS AND POSSIBILITIES
Prior to 2019, Sudanese adherence to the international human rights framework was, at best, achieved on paper. The state was already party to both the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, as well as the African Charter on Human and Peoples’ Rights and other major instruments that provided legal footing for human rights domestically. Yet their execution was prima facie unidentifiable. Rather, voter suppression, arbitrary detention, draconian civil laws, multiple internal armed conflicts involving the state, and harsh underdevelopment led to gross violations of civil, political, social, and economic rights. Stark examples include the 1989 ban on functioning political parties under Constitutional Decree No. 2, the notorious torture section of Kober Prison established exclusively for political dissenters, backing former Southern rebel war lords, and a corruption perception index score of 16/100 by 2018. These are evidenced in various reports, the most notable of which being the Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General and the Human Rights Watch’s Behind the Red Line: Political Repression in Sudan.
Post-Revolution Sudan saw swift and productive efforts to establish legal and practical congruity with both Sudanese and international human rights standards. Of particular significance were the fast-tracking of the ratification of the Convention for the Protection of All Persons from Enforced Disappearance and the Convention on the Elimination of All Forms of Discrimination against Women, the passing of the Miscellaneous Amendments Law 2020 that repealed and amended provisions restricting freedoms, and the Draft Constitutional Charter 2019 that set in motion the application of various human rights standards and created the possibility of further enjoyment of basic rights.
STAGNATION AND REGRESSION
The situation after the events of October 2021 has left human rights in Sudan under a serious threat. The return of a political regime that functions on human rights abuses has meant that legal reform has been forced to halt. With reinvigorated state violence, targeted state silencing of crucial human rights defenders, as well as intermittent communication blackouts that restrict freedom of movement, speech, and conscience, human rights continue to suffer.
Violent detainment of civilians as well as civilian fatalities in anti-coup protests have been regularly recorded by the Forces for the Declaration of Freedom and Change, the coalition of various interest groups that previously supervised the transition to democracy from 2019. As such, the current UN expert on human rights in Sudan has called for these recent uses of force by the government to be investigated for serious human rights violations. Moreover, major statutes that were scheduled to galvanise and protect such fundamental rights are yet to be passed.
THE FUTURE
The current outlook of human rights implementation in Sudan is not favourable - being left to a game of chance, tumultuous political conditions have frozen legal progress. Attention must now turn to legal projects on the ground and increasing international support from legal professionals in their work to revive the protection of human rights.
Rawan Elsadig is passionate about exploring and platforming Third World approaches to international law, as well as researching legal pluralism. She holds a bachelor's degree in International Relations and Law and is now a postgraduate law student.