Will the final political agreement improve the human rights situation in Sudan?

Khartoum - Sudan is living in a continuous state of human rights violations, which escalated in the aftermath of the October 25, 2021 coup, which forced the United Nations to appoint a special rapporteur on Sudan, again after his mandate was terminated following the overthrow of the previous regime in 2021. 2019 in terms of the improvement of the human rights situation in the country after the revolution.

And after the civil forces and the army reached a political framework agreement at the end of last year based on the proposal of the Lawyers’ Constitution and the Political Declaration, which is expected to result in the signing of a final agreement within the coming weeks, which provides an opportunity to form a civilian-led government that controls the security services and works to reform the justice system.

Political actors are counting on an improvement in the human rights file after the assumption of a transitional government led by civilians.

The leader in Freedom and Change, Shihab Al-Din Al-Tayeb, told Al-Quds Al-Arabi that the constitutional declaration on which the political process was based was mainly concerned with freedoms and human rights, and a special document was devoted to them.

He pointed out that the main criterion is the harmonization of national laws with constitutions, most of which provide for the protection of human rights in order to respond to the requirements of the Bill of Rights stipulated in the constitutional document.

He added: Reaching a final agreement is expected to represent an important step in the way of harmonizing laws with constitutions and improving human rights conditions, indicating that he is in the process of reviewing laws that do not comply with the provisions of the constitutional document that will govern the coming period.

deterioration of human rights

Civil society activist Manal Abdel Halim told Al-Quds Al-Arabi that the conditions of freedoms and human rights during the transitional period witnessed some progress, but not at the required level, noting that the Sudanese revolution took away large areas of freedoms, which were quickly undermined by the military coup, and we witnessed a terrible deterioration in human rights and severe restrictions on civil society activists.

She indicated that civil society workers suffer from harassment from state institutions and commissions concerned with dealing with civil society, and that they have become the subject of acquisition by sectors of the armed movements and their arms, pointing out that the manifestations of militarization have greatly hindered and restricted freedoms, and that women have been the most affected in this regard. , in light of the security, economic and political crises that hit the country.

She added: The rights of the Sudanese to life, movement, and expression were all violated, at a time of escalation of hate speech that caused tribal conflicts that caused the deaths of hundreds, which the military authorities were not isolated from.

She pointed out that the framework agreement is basically an agreement with the leaders of the coup, noting that the civilian parties, no matter what happens, will not be able to reform or dismantle the influence of the military institution through this agreement, which means that the coming period, even if a civilian government is formed, will remain under the control of the military, and this means the continuation of Violations and restriction of freedoms, which may witness further deterioration, in light of the multiple armies with divergent interests, among which the expected final agreement may establish a new partnership.

And she continued: It seems unlikely that we will witness an improvement in the human rights situation as long as these militias are not dismantled and real civilian rule is established.

Sudan is at a critical crossroads

As if the expert on the situation of Sudan’s rights confirmed what Manal Halim had said, when he said, “Sudan stands at a critical crossroads and there is an urgent need for a new transitional phase to continue the process that was halted due to the military seizure of power in October 2021 to achieve the people’s demands for freedom, peace and justice.

In his latest report, the United Nations expert on the human rights situation in Sudan, Radwan Nouisir, called on the Sudanese parties to reach a final agreement and form a civilian government that fulfills human rights obligations.

Nouser concluded his first visit to the country at the end of last week, during which he met victims of violations and human rights activists, in addition to a number of civil parties and military authorities in the country.

The UN expert urged the Sudanese parties to reach a final agreement that fulfills the important human rights obligations contained in the framework agreement, which was signed between the civilian political forces and the military component in December of last year.

Noisir said that the message of the victims and representatives of civil society was clear, stressing the importance of holding all those responsible for human rights violations and abuses committed during the conflicts in Sudan accountable in accordance with legal procedures and without undue delay, explaining that he had conveyed this message to the authorities.

He noted that accountability and transitional justice issues require credible practical mechanisms that address past crimes and their root causes, and provide a legal infrastructure that prevents their recurrence.

He mentioned the international expert on the Sudanese revolution, and said, "Four years ago, when Sudanese women and men, young and old, took to the streets to demand their basic rights in the hope of obtaining a just and safer future, the world was watching in support."

Noisir, who was appointed as an expert on the human rights situation in Sudan at the end of last year to succeed Adama Deng, said that during his visit to Sudan, he met with the authorities, civil society and victims of human rights violations in the states of Khartoum and West Darfur, as well as the diplomatic community and United Nations agencies.

The UN official welcomed the important human rights commitments contained in the framework agreement that was signed between the civilian political forces and the military component in December of last year, expressing his hope that a road map would soon be drawn up to address all five outstanding issues with broad participation in a comprehensive dialogue. By the parties concerned, until the final agreement is signed and a civilian government is formed. He stressed: The resumption of legal and institutional reforms with the participation of Sudanese citizens must be a priority for the new government. Human rights and accountability must be central themes in the program of the next government.

He said: It became clear to me the magnitude of the great challenges facing Sudan during the various meetings that I held. In El Geneina, the capital of West Darfur state, I met people who have been repeatedly displaced as a result of armed attacks against their communities for which, as far as I understand, the perpetrators have not been held accountable.

He continued: Some have been displaced for nearly 20 years, but they still hope that one day they will be able to return safely to their homes and lands. For this to happen, they need security and political commitment to resolve the underlying causes of the conflict. Implementation of the Juba Peace Agreement and the National Action Plan for the Protection of Civilians could have helped resolve some of these issues.

The UN expert believed that the inability to take measures to protect the people of Darfur will lead to more conflict and an increase in the number of people who depend on humanitarian aid in a land rich in natural resources.

He continued: During my meetings with a wide range of representatives of civil society, including women and youth, I felt that there was a lack of confidence in the way things are going, that is, uncertainty about the future.

Narrowing the space for civil society

Activists reported, according to the UN expert, increasing restrictions on their activities, including increased bureaucracy, refusal to register NGOs and scrutinize their funding, as the space that opened up for civil society during the transitional period was closed.

He stressed that the existence of a strong and diverse civil society is central to democracy, and taking serious steps towards building trust between Sudanese citizens and the institutions that govern them is essential to the success of any political process. Without stability at the political level, the environment will not be conducive to any improvement in the human rights situation. He said: In my meetings with the authorities, I raised many issues; Among them is urgently addressing the accountability of the security forces before the people within the framework of democratic civilian oversight, the rule of law and respect for human rights, provided that this includes a clear road map for reforming the security sector.

He added: According to the documentation carried out by the Office of the High Commissioner for Human Rights, the violations included - since the military takeover of power - excessive use of force against demonstrators, arbitrary arrest and detention of political opponents and civil society activists, torture and ill-treatment, and attacks on hospitals.

The silence of the legal organs

Between politics and reality, hundreds of families of victims in the country, whether it was murder, torture, or illegal arrest, are still waiting for their rights to be granted and those responsible for these crimes to be held accountable. As the death toll from the demonstrations since the coup indicates about 123 victims, the Sudanese Doctors Committee announced the death of the last of them, Muhannad Babiker, 20, on Friday evening, from a bullet wound to the head in the demonstrations of last November 17, in addition to thousands of wounded and injured, and numerous cases of rape against women. And the attack on media houses and hospitals.

About 900 people were killed in conflicts of a tribal nature that escalated in many regions following the military's takeover of power, especially in the regions of Darfur and Blue Nile. This comes in light of the reinstatement of many restrictions and the militarization of life that is full of armed militias, while the silence of the justice and legal apparatus continues.