** UPDATE **

Video from the event is available above and on the Cato Institute’s website.

****

Sean Brooks, Save Darfur’s Senior Policy Analyst, will be speaking at a Cato Institute policy forum tomorrow afternoon to discuss Sudan in the post-election period. You can register to attend the event (at Cato’s headquarters in Washington, DC) or watch it live on their website.

POLICY FORUM
Friday, June 11, 2010
Noon (Luncheon to Follow)

Featuring Sean Brooks, Save Darfur Coalition; Marc Gustafson, Marshall Scholar, Oxford University; Jon Temin, U.S. Institute for Peace; moderated by Justin Logan, Associate Director of Foreign Policy Studies, Cato Institute.

The Cato Institute
1000 Massachusetts Avenue, NW
Washington, DC 20001

A new military offensive in Darfur, the arrest of political leaders, and the shutting down of newspapers in Khartoum: election season must be over in Sudan. Emboldened by electoral “success,” Sudanese President Omar Al Bashir and his National Congress Party (NCP) are sending troubling signals about their philosophy that will guide post-election governance.

The push last Friday by the Sudanese Armed Forces to regain control over a stronghold of the Justice and Equality Movement (JEM) in West Darfur kicked off seven days of violence and repression. The army reported that it killed 108 JEM fighters in the assault. Elsewhere in Darfur, JEM allegedly attacked a tanker truck killing 20 Sudanese police officers. Continued clashes between nomadic tribes and the kidnapping of humanitarian aid workers – including an American – have only heightened tensions throughout Darfur.

Commenting yesterday on these recent developments before the United Nations Security Council, the Joint Special Representative for the United Nations/African Union peacekeeping mission (UNAMID) stated that continued fighting in Darfur has “caused substantial civilian casualties, the displacement of communities, and hampered the delivery of humanitarian assistance.” The U.S. State Department earlier in the week also condemned the “recent offensive actions in Darfur” and “urged both the Government of Sudan and the Darfur rebel movements to refrain from any further actions that would undermine the Darfur peace process or endanger civilians.”

Yet, blithely ignoring the deteriorating conditions in Darfur, an NCP leader told Darfuri students this week that his party was seeking to deepen peace and foster a culture of national unity (article in Arabic). Most people in Darfur instead fear that the faltering peace process, government offensive, and continuing crisis in Jebel Marra proffer a new post-election reality.

Critics and opposition leaders in Khartoum share such concerns. On Saturday, national security forces arrested the leader of the opposition Popular Congress Party, Dr. Hassan Al Turabi, who has spoken out about the fraudulent elections. Security agents also stormed the offices of Turabi’s paper, closed the building, and confiscated materials, and arrested three journalists and the managing editor of the paper. Later in the week, two more newspapers were targeted by security agents and one other opposition leader was detained for three hours of interrogation. The African Centre for Justice and Peace Studies reports that the raids on the newspapers indicated that Sudanese authorities have renewed their use of pre-print censorship to suppress political opinion.

Taken together, the apparent crackdown on opposition leaders and newspapers, along with a military offensive in Darfur, appears to represent a dangerous new course chosen by the Bashir government. With this emboldened mentality, a peace agreement in Darfur will remain elusive and politics in Khartoum will become even more polarized. There is also the question of which face the regime will put forward while implementing the final stages of the Comprehensive Peace Agreement with the Sudan People’s Liberation Movement. If Bashir and the NCP approach the upcoming referendum for South Sudan in the same way that they have taken on Darfur and the northern opposition this week, peace for the entire country could be in jeopardy.

It is for this reason that today the Save Darfur Coalition sent a letter to U.S. Ambassador to the United Nations Susan Rice and U.S. Special Envoy for Sudan Scott Gration urging the United States “to issue a forceful statement that these actions are completely unacceptable and that, if they continue, Bashir and the hardliners in his party will face new consequences and only isolate themselves further” (full text here). Highlighting the warnings from UNAMID about the situation in Darfur, this letter also asked “the United States to lead the international community in applying appropriate pressure on both the Sudanese government and the Darfur armed rebel movements” so that UNAMID can carry out its mission to protect civilians robustly and effectively. On this issue, the Save Darfur Coalition sent another letter this week with recommendations on improving security to the United Nations Security Council.

Next week Omar Al Bashir will participate in presidential inaugural festivities. Human Rights Watch has urged governments to boycott the inauguration in light of the International Criminal Court’s arrest warrant against the Sudanese president. This would be a necessary but not sufficient statement from the international community. Those within the regime in Khartoum must understand that political impunity cannot be attained through fraudulent elections and, moreover, that their recent actions undermine any concurrent promises of reform and peace. Unless this message is clearly sent from the United States and other countries, the current political trajectory of Bashir and the NCP will have no reason to change, which would endanger even more innocent lives in Sudan.

Sean P. Brooks is a policy expert at the Save Darfur Coalition. He recently returned from a trip to Sudan during which he spent a week in Darfur.

Sudanese Authorities Renew Use of Pre-Print Censorship to Suppress Political Opinion

Contact: Osman Hummaida, Executive Director
Phone: +44 7956095738
E-mail: osman@acjps.org

(20 May 2010) In the evening of Wednesday, 19 May, three National Intelligence and Security Services (NISS) officers visited the offices of the newspaper Ajras Alhurria, which is perceived as aligned with the SPLM. The officers demanded to see the following day’s edition.

The officers ordered that six out of 12 of the pages of the newspaper be deleted. This material included regular columns, general news, and opinion pieces. Ajras Alhurria could not publish a newspaper on Thursday as so much content had been removed. After their tour of Ajras Alhurria’s offices, they similarly censored Alsahafa and Al Sudani newspapers prior to the publication of Thursday’s edition. At Alsahafa, NISS agents demanded to see editorial material and opinion columns. Its editor, Al-Nur Ahmed Al-Nur, stated that the censorship constituted “a step backwards in the democratic transformation of the country”.

Much of the material censored by NISS agents regarded commentary on the arrest of Dr. Hassan Al Turabi, leader of the opposition Popular Congress Party, and the closure of the Rai Alshaab newspaper and arrest of members of its staff. Other articles censored included news critical of the attack on civil liberties in Sudan and about Dr. Khalil Ibrahim, leader of the Justice and Equality Movement (JEM).

At the time, both the NISS and the Press and Publications Council, the regulatory body governing the Press and Publications Act, stated that the NISS and the Council both have respect for the 2005 Sudan Interim National Constitution, and that the arrests and closure would not impact the overall process of democratic transformation and liberalisation of civil liberties in the country. Deputy editor of Ajras Alhurria newspaper Fayiz Silaik asserted that the “return of control and censorship confirms that the elections brought the fourth version of the Ingaz regime, and this new government does not respect the freedom of expression, as verified by the calls, interrogations, and trials of journalists. This is the fiercest attack on the Sudanese journalists in recent history”.

In late September 2009, President Bashir announced that the policy of pre-print censorship would be halted. However, statements issued afterwards warned journalists that they should avoid publishing “what leads to exceeding red lines and avoid mixing what is patriotic and what is destructive to the nation”. Aside from pre-publication censorship, there are a host of other mechanisms for Sudanese authorities to control publication of newspapers in Sudan through the Press and Publications Act of 2009.

The African Centre for Justice and Peace Studies condemns the use of pre-publication censorship, which places severe constraints on freedom of expression, and the Sudanese public have little access to information. The practice violates freedom of expression as guaranteed by Article 39 of the 2005 Interim National Constitution, Article 19 of the African Charter on Human and Peoples’ Rights, and Article 19 of the Universal Declaration of Human Rights. ACJPS calls on the government of Sudan to reform the Press and Publications Act to include provisions to halt the use of pre-print censorship, an issue on which the Act is silent. The law must also further clarify and strictly delimit the exceptional circumstance in which concerns of “national security, order, and public health” may justify censorship.

Does this include the journalists of Sudan, Mr President? Just yesterday the Government of Sudan shut down a newspaper and arrested three journalists after the paper reported an unverified claim that Iran had a weapons-producing plant operating in Sudan.

The above story is just one example of many abuses committed against journalists by the Bashir Regime in recent times — especially during the recent fraudulent elections.

Today you commented:

All around the world there are enormously courageous journalists and bloggers who, at great risk to themselves, are trying to shine a light on the critical issues that the people of their country face; who are the frontlines against tyranny and oppression.

Sounds like Sudan.

Additionally, you said:

What this act does is it sends a strong message from the United States government and from the State Department that we are paying attention to how other governments are operating when it comes to the press.

Will you?

Mr. President, I have to ask, will your Special Envoy, Maj. Gen. Scott Gration, heed your call and protect journalists and condemn those that seek to silence and stymie a free press?

On 15 May, national security forces in three armed cars arrested Dr. Hassan Al Turabi, the leader of the opposition Popular Congress Party (PCP), from his home in the Manshya area of Khartoum at 11:30 PM. His family indicated that they were unaware of the reason for his arrest, but his son Sidiq speculated that it might have been sparked by an interview with Akhbar Alyoum newspaper in which Turabi accused the ruling National Congress Party (NCP) of rigging the elections and corruption, and threatened to publish information proving these allegations.

Turabi’s PCP was one of the few opposition parties taking part in all levels of the April polls. Turabi had, nonetheless, been critical of the lack of elections preparations and the ruling party’s monopoly of the media. Turabi rejected the election results in a press conference on 17 April, saying that his party would refuse to recognise the results even if they were shown to win in some constituencies. He accused the National Elections Commission (NEC) of poorly managing the polls and refused the NCP’s offer of participation in the new government.

Turabi remains in detention as of early 17 May. He was reportedly transferred to Kober prison after being taken to an unknown location. The same NISS agents that arrested Turabi later invaded and occupied the premises of Rai Alshaab newspaper, seen as aligned with the Popular Congress Party.

This operation was carried out under the orders of NISS Director General Mohamed Atta, under Articles 25(d) of the National Security Act of 2010 and Articles 26 (a and b) of the Press and Publications Act of 2009. NISS agents broke down the doors, closed the building, confiscated materials and prevented journalists from entering. Security agents arrested Alnagi Dahab, Rai Alshaab’s executive manager, and editors Ashraf Abd Alaziz, Abazer Ali Alamin, and Abo Bakr Alsamani. These four have not been charged, and remain detained in an unknown location. In addition, General Atta issued a decree to the NISS to seize the property and liquidate the assets of Alnawda for Media and Press Company, the publisher of Rai Alshaab. Kamal Omer, political secretary of the PCP, confirmed that all of Rai Alshaab’s assets had indeed been seized. On the morning of 16 May, the newspaper’s staff was not allowed to enter their offices and Sunday’s paper was not published.

The reasons for the closure of the newspaper and the arrest of the journalists remain unclear. A senior security source stated that the newspaper was “misrepresenting the opinions of the people and damaging the national security of the country…they have spread sedition and abuse over Sudan’s relationship with its citizens, neighbours, and the international community”. The Secretary General of the National Press Council, Obaid Ahmed Marawah, stated that the Council denounced the decision to shut down the paper “in principle” but added that “it has come to our attention more than once that the press should pay attention to their predecessors that have stirred up the community. This is an issue related to the abuse of the state and its government figures”. A statement issued by the Ministry of Media and Information suggested that Rai Alshaab had published two front cover stories about the collaboration between the Iranian revolutionary guard and the government and a the upsurge in the alleged conflict between Sudan and Egypt, respectively. Others speculated that this might have been linked to Turabi’s threat to publish incriminating information about the government. Some government sources stated that the closure of Rai Alshaab had no link to Turabi.

The NISS, Ministry of Information and Communications, National Press Council, and Ministry of Media and Information all stated that the closure would not affect the liberties accorded by the Interim National Constitution and the Comprehensive Peace Agreement, which are respected by the NISS.

The African Centre for Justice and Peace Studies urges the government of Sudan to promptly and publicly charge Turabi and the arrested journalists with an internationally recognised crime or to release them immediately from detention, and notes that the legal framework under which they were arrested is contradictory to the Interim National Constitution. In addition, the African Centre for Justice and Peace Studies urges the government of Sudan to respect the right of the journalists, editors and other staff to freedom of expression as guaranteed by Article 19 of the International Covenant on Civil and Political Rights, Article 9 of the African Charter on Human and Peoples’ Rights and Article 39 of the Sudanese Interim National Constitution.

Background:

Dr. Hassan Al-Turabi became one of Sudan’s key opposition leaders after the NCP fractured in 2000, and Turabi assumed control of a splinter faction of the NCP, the PCP. The rift developed in the late 90’s when Turabi, then the Speaker of the Parliament, introduced a bill to reduce President Bashir’s power. Since 2000, Turabi has been arrested five times, and spent 2000 – 2003 and much of 2004 – 2005 in prison. Reasons for his arrests have ranged from public statements he has made against the policies of the National Congress Party and calling for Bashir to turn himself over to the International Criminal Court for the sake of the country.

The African Centre for Justice and Peace Studies (ACJPS) has released a report entitled “Sifting Through Shattered Hopes“, which provides an assessment of Sudan’s electoral process. ACJPS reported regularly during the polls.

The report is based on the Sudanese electoral proces and the elections themselves, held from 11 – 15 April. The electoral period was marred by violations and irregularities, and was accompanied by rights abuses occurring concurrently throughout the country. Patterns began to emerge that document the extent to which the closely-linked National Elections Commission and the National Congress Party undermined opposing voices, and held fundamentally flawed elections with high levels of technical irregularities, intimidation, manipulation, harassment, and arrest. The report has been framed by monitoring conducted by the African Centre during elections and in the months prior, and includes analysis on the census, the NEC’s creation and contradictions in the legal framework, the electoral procedure envisioned by the Comprehensive Peace Agreement and the National Elections Act, delimitation of constituencies, voter registration, and finally the campaigning period and elections.

Former South African President and AUPD Chairman Thabo Mbeki (Getty Images)

When former South African president Thabo Mbeki was appointed to lead the African Union’s High Level Implementation Panel on Darfur (AUPD), many Western governments and rights groups feared his work would undermine efforts to secure a peace agreement that could deliver justice to the people of Darfur and help Sudan on its way toward national reconciliation.

Instead, far from letting Sudan’s government and its indicted leader Omar al-Bashir off the hook for atrocities committed in the country’s war-torn region, the panel’s highly anticipated report—made public last fall—challenged the Sudanese government to take responsibility for war crimes prosecutions, and included a nuanced appeal to address the ongoing political and economic marginalisation of Darfur, cited as the conflict’s key causative factors.

Neither justice nor peace, it makes clear, can be realized without the Sudanese government’s full participation in promoting accountability for atrocities committed in Darfur and in reforming the country’s hitherto centrifugal and divisive political system, including the inequitable distribution of power and wealth in Sudan.

Mbeki in Darfur (SSRC: Making Sense of Sudan)

Mbeki’s report stated clearly that a peace agreement followed by Darfur’s full participation in free and fair national elections should be part of this solution.

But Sudan’s historic nationwide polls have closed. Bashir has declared overwhelming victory as a new chapter in the country’s troubled narrative begins—one that will ultimately determine the nation’s continued existence. Amidst the declarations of triumph and denunciations of a stolen vote, it seems the election process has done little to address the root causes of Darfur’s troubles.

Just the opposite, in fact.

As elections approached—amid voter and opposition boycotts, and as promising peace deals and ceasefires faltered —many sceptics questioned how the region’s beleaguered population, including millions of internally displaced persons, could participate in a free, fair and peaceful electoral process when none of those qualities can describe Darfur itself.

While large-scale battles and daily massacres of civilians may finally be confined to Darfur’s tragic past, the region’s “calm but unpredictable” security environment in reality means it is safe for no one, least of all those trying to alleviate the crisis. Intimidation prevails, and the region remains under a state of emergency. Impunity and insecurity likewise persist—clashes between belligerent parties, deadly attacks against peacekeepers, mass displacements, kidnappings, and banditry occur with disturbing regularity. Restrictions on protection and aid efforts have left the local populations without access to humanitarian assistance or military protection.

In the months leading up to the elections, fighting between the Sudan Armed Forces and multiple rebel groups raged in the central region of Jebel Marra and in Jebel Moon near the Chadian border. Days before voting began, the European Union monitoring team pulled out of Darfur, citing security concerns. And just as the nationwide elections were underway, four South African peacekeepers were abducted at gunpoint as they tried to investigate the ongoing clashes. Two days after the polls closed, the Carter Center determined that it could not endorse the elections in Darfur.

In this context, opposition politics remains a dangerous and nearly impossible pursuit in Darfur. The “legal and security conditions” in Darfur necessary for political activity to be freely conducted – called for in Mbeki’s report – were not realized in advance of the polls, and are now unlikely to be fulfilled, leaving many in fear of what’s next for the troubled region.

To make matters worse, there is no evidence that any of the various armed groups have Darfuri interests in mind as they try to gain leverage amid faltering ceasefires and ongoing peace talks, and the election results will no doubt have implications for their increasingly selfish tactics.

Mbeki and Bashir (Pan African News Wire)

Bashir’s ruling NCP, on the other hand, has made public statements expressing confidence that it has the support of Darfur’s people. Despite decades of war and oppression, it claims it has earned a mandate from the people it governs and the citizens it has oppressed will somehow find salvation in its continuing reign.

It is little wonder, then, why the more than two million displaced people in camps and members of other war-affected communities generally boycotted the registration process.

Even if one accepts that the bloody war and related mass atrocities has devolved into a low intensity conflict, the brutal consequences of the crisis on a daily basis confront the vast majority of Darfur’s citizens. Without the opportunity to choose leadership other than Bashir and his ruling party, Darfuris were understandably hesitant to take part in a sham that sought to legitimise a regime that has directly contributed to their ongoing grievances.

Darfur has been disenfranchised; its people robbed of their participation in this national milestone.

But the African Union – desperate to move on to the next critical stage in Sudan’s transformation – will accept the results. The head of the AU Observer Mission in Sudan and former President of Ghana John Kufuor said he believes the people of Darfur generally appreciate what he refers to as the “institution of election” as a “necessary beginning” for the country’s more positive future.

Whether one accepts this as pragmatic realism or criticises it as criminal opportunism in favour of another African leader, it’s difficult to deny the people of Darfur have been left at the sidelines.

The process has pushed Darfur further to the margins, and amid renewed fears has deprived its people of true leadership. Bashir, having declared overwhelming victory in Sudan, will confidently excuse his ICC indictment, thereby suggesting his new mandate also negates the grave charges implicated in the AUPD investigation.

Mbeki has been praised by respected Sudan expert Alex de Waal for focusing political attention toward “addressing the underlying political malaise in Sudan, that gives rise to [human rights and humanitarian] violations” and putting “the Sudanese people back at the centre of the process.”

But these elections have done nothing of the sort.

Thabo Mbeki (Reuters)

Now, millions of disillusioned Darfuris and Sudanese watch as international leaders, despite whispers of disapproval, will ultimately hold fast to the status quo after a deeply undemocratic vote. And so, the gyre widens; hypocrisy and custom make their minds. Perhaps, though, it’s still fair to hope that Mbeki will be the exception.

For Mbeki, as a recognized leader on both democracy and Darfur, this is his chance to reflect on the panel’s report and prove that he is unwilling to compromise his findings to make excuses for one of the continent’s longest reigning military despots.

As such, it is important intellectually and morally for all interested parties to be clear that these elections were a disaster for efforts to achieve lasting peace, protection and justice in Darfur. How else can you interpret not only Bashir’s victory but that of notorious janjaweed leader Musa Hilal? This poster-child for atrocities in Darfur won a parliamentary seat and, presumably, the constitutional immunities that come with it. So much for Hilal, Bashir, or any other perpetrators being held accountable anytime soon.

Yet, some observers noted a minor success in the fact that there were no major outbreaks of violence in Darfur during the elections. However, this analysis ignores the Sudanese government’s ongoing military offensive in the Jebel Marra region of Darfur, home to an estimated one million people, and for which conveniently not one parliamentary seat was allocated. United Nations/African Union peacekeepers have been denied access to most of the conflict afflicted communities – where gender-based crimes and significant humanitarian gaps have been reported.

Furthermore, the UN Secretary General last month stated that tribal clashes in March alone accounted for at least 182 fatalities – the highest number of casualties in a single month during the UN/AU peacekeeping mission’s presence. In addition to this fighting, rebel commanders in West Darfur reported government aerial bombardments beginning a week after the election process had concluded. So it seems that the seven-year old conflict between the Sudanese government and rebels, with its many facets including the weaponization of most tribes, continues unabated – and prevents millions of displaced people from returning home.

This security situation – both the daily insecurities of Darfur, and the omnipresence of Sudanese security agents – allowed for the complete rigging of elections in Darfur. The Carter Center yesterday reported that its observers were not allowed to monitor the full vote tabulation in West Darfur because of security concerns and, even more alarmingly, that “security personnel were the only people observed counting the ballots.” The Center had similar concerns about tabulation in North and South Darfur.

These facts do not surprise most Sudanese who have long argued that it was patently ridiculous to think that free and fair elections could be held in Darfur at this time. Still, most Darfuris never expected that members of Bashir’s National Congress Party (NCP) would attempt to profit financially from their disenfranchisement. Yet that is what happened when party members in El Fasher (the capital of North Darfur) set up a Ponzi scheme last fall that reportedly bilked Darfuris of million of dollars. Making matters worse, NCP agents in the days before the elections allegedly declared that only those that voted for their party candidates (and Bashir) would be compensated for their losses.

The men ultimately responsible for this swindle of cash and vote buying turned out to be the newly elected members of parliament in the area. In response, protestors took to the streets at the beginning of the month to demand justice and were subsequently fired upon by the Sudanese security forces – an incident that killed up to eight unarmed civilians. This incident demonstrates that the rule of law remains largely absent from Darfur. Instead, the newly elected members of Bashir’s party and a chaotic array of militias, fractured rebel movements, and security agents control the region’s seven million people through the barrel of their guns and their political schemes to control and dominate everyday life.

Over the weekend, the African Union convened a meeting of its members, the United Nations and special envoys to discuss Darfur and Sudan’s other interlocking crises. The resulting communiqué politely stated that after the elections “a new reality has emerged, which should inform and contribute to peacekeeping and peace building efforts in Darfur.” Unfortunately, with most of the limited international attention now being shifted to managing the expected divorce of North and South Sudan, there is a real risk that this dangerous reality in Darfur will not be confronted until next year.

If this is the case, low-level, but apparently acceptable, violence will endure; perpetrators of years of human rights violations will remain impervious to justice; and the peace process – requiring international resources and backing for success – will languish with the millions of Darfuris that remain in camps. In short, the Sudanese regime will go another year without addressing the root causes of conflict in Darfur, as its policies and the irresponsible behavior of the rebels allows the multitude of complex local issues to continue to fester and perhaps explode. Unless the international community finds the wherewithal and capacity to deal with Sudan’s interlocking crises at the same time, this new dangerous reality will likely take hold and make a political resolution and return to normalcy in Darfur that much more difficult in the future.

Many notable speakers have repeatedly noted and agreed that al-bashir is a notoriously well known dictator with a history of committing genocide, war crimes and crimes against humanity upon the people of Sudan. No one believes by any means that if the Sudanese elections were set to be free and fair he will come out victorious. He came to power by force, and he is using that same power to legitimize his presidency.

This left the overwhelming majority of the Sudanese people lost and without hope. They have been and continue to remain oppressed, while freedom remains non existent yet rewarded to al-Bashir- an indicted war criminal. Therefore, we were all calling on the international community to help resolve the crises in Sudan by arresting and surrendering al-bashir to The Hague to face justice rather than rewarding him by keeping silent.

My fellow Sudanese Diaspora said “we are saddened by the fact that despite the reports of independent election observatory bodies and reports from observers on the ground stating that the election was rigged and unfair, the international community is very willing and ready to accept the victory of al-Bashir”.

“As stated by some European and the US government despite the election’s irregularities we will deal with the victor to undertake the referendum for the South Sudan” The Sudanese people believe that this the government has mistakenly understood that a man with a track record in his lack of commitment and violation of almost all of the agreements he has made. Al-Bashir will finally commit to his words and fulfill his promises of violence and tyranny.  The protesters also noted in their letter that “addressing the urgent situation in Darfur and the implementation of the CPA simultaneously is critical for the future of the entire country”. The international community must recognize the urgency and hold the government of Sudan accountable for its actions in both regions.

It’s clear that the government of Sudan is fully responsible for perpetrating crimes in both the South and Darfur therefore, Al-bashir’s commitment to the referenda should not be deemed trustworthy. Al-bashir is yet to fulfill his commitment toward all of the outstanding issues of the Abyie, Nuba Mountain, Blue Nile and lasting solution to Darfur.

If not, the international community has to know that from our experience as Sudanese that the victory of al-bashir jeopardizes the referenda more than ensuring its success if he is still has the authority to impose the same  election’s  irregularities. Therefore, the Sudanese Diaspora “urges the United State government to stand with the people of Sudan and make it clear to al-bashir that his place is in The Hague and his fake victory will not permit him to escape with impunity.

“They shouted “say no to Sudan’s election results” said the members of the Sudanese Diaspora urging the United States  Government and its allies  ” please do not legitimize the ruling of the indicted war criminal”.

Among the protesters was Mohamed Alhassan Alsofi- an ex presidential candidate who just returned from Sudan. Mohamed Alhassan Alsofi said “ I was in Sudan and I have seen and witnessed how our people have been oppressed, intimidated and threatened as I myself have gone though it, its is beyond ones imagination. I was running for presidency as a candidate from the National Reform Party. My name was taken out from the list without justification. I filed a case against the electoral commission to the constitutional court where I was shown a presidential degree with al-bashir’s signature in it issuing an order to dismiss my case. This is only one case, there are millions of cases in which al-bashir used his authority to manipulate and steal victory. That is why I came here today from Texas to speak for those with no voice in Sudan”.

Activists at the White House

While marching from the White House to the U.S. State Department, the protesters carried signs stating “Freedom for Darfur,” stop genocide in Darfur “Stand with People of Sudan,” “Justice and Human Rights for Darfur,” and “Peace Begins with Justice in Sudan.”  They chanted “Al-Bashir to the ICC,” “We Reject Rigged Elections’ results,” and “Justice, Justice for Darfur,” as they marched to the U.S. State Department headquarters.

The demonstration continued for half an hour in front of the White House and about an hour in front of the US Department of the State. At the end a statement signed by a wide range of Sudanese Diaspora in the United States, Canada, and Europe was delivered to the US secretary of the State, Secretary Clinton. We the Sudanese Diaspora and our supporters from America, advocates and human rights activists renewed our commitment to continue to speak for the people of Sudan until lasting peace, justice and real democracy is realized all over Sudan and dignity is returned to its people.

Download a PDF of the letter to Secretary Clinton.

Call for key reforms ahead of the 2011 referendum

Khartoum, Juba, and Kampala – Three leading Sudanese civil society organizations today issued a public letter to the African Union Peace and Security Council, League of Arab States and special envoys for Sudan from the E6 (China, European Union, France, Russia, United States, United Kingdom) ahead of their important consultations on Sudan in Addis Ababa, Ethiopia this week.

Highlighting a multitude of problems in the recent elections, the organizations called for the international community to “confront this failure” and “address these deficiencies in the process openly and frankly.” It also asks for the international guarantors of the Comprehensive Peace Agreement to push the National Congress Party and Sudan People’s Liberation Movement to “implement a broad range of legislative and policy changes aimed at ensuring that future elections are held in improved conditions.”

The full text below:

5 May 2010

Dear members of the African Peace and Security Council and special envoys,

As you come together this week to discuss promoting a global consensus on the challenges facing Sudan, we, members of independent Sudanese civil society, call on you to ensure an open and critical discussion of the electoral process and the implications of that process for the implementation of the Comprehensive Peace Agreement (CPA), the crisis in Darfur, and democratic governance in Sudan.

The elections are both a critical element of the right to participate in the conduct of public affairs as guaranteed by the International Covenant on Civil and Political Rights, to which Sudan is a party and the national process of transformation envisioned by the CPA. The electoral process which ended on 26 April with the declaration of the victory of President Omar Al Bashir, however, was marred by procedural and legal deficiencies, a climate of repression which inhibited free campaigning, and other irregularities. Our assessment, as independent civil society, is that these elections did not allow for free expression of the will of the people, and as international guarantors of the CPA you must boldly confront this failure and its implications for the future of the peace agreement and the country as a whole.

The election process was monitored by a number of Sudanese civil society voices including the African Centre for Justice and Peace Studies; TAMAM, a civil society group made of 120 member organizations; the Civic Forum, an organization that coordinated the work of 56 organizations, Justice Africa, SuNDE and SUDEMOP. These civil society organizations monitored everything from the adoption of the Elections Act to voter registration and finally the actual balloting. This was done to ensure, as much as possible, free and fair elections as outlined in the Interim Constitution, the Elections Act, and the international standards ratified by the Sudanese government.

Among the problems in the electoral process noted by these groups were:

• Deficiencies in the legislative framework: Failings in the Elections Act allowed for the creation of a National Elections Commission (NEC) which was dominated by the ruling National Congress Party (NCP). In addition, repressive legislation on the media and national security facilitated the repression of open campaigning.

• Manipulation of constituencies: The creation of constituencies and the allocation of parliamentary seats were carried out on the basis of a flawed and controversial census. There were additional allegations of manipulation of constituencies through the deployment of military personnel who were allowed to vote in their place of work.

• Lack of appropriate remedies: The voter register was not published in a timely manner and omitted voters’ residential addresses, making it difficult to audit. Complaints made to the NEC did not receive a timely and clear response.

• Insufficient voter education: The voting process in Sudan was extremely complex and insufficient resources were devoted to ensure that individuals, many of whom had never voted before, to effectively navigate the procedure and express their will.

• Irregularities in voters’ lists and ballot papers: There were a number of errors in materials which impeded the process, including the omission of the names of voters from the voter rolls, failure to deliver materials in a timely fashion, confusion or omission of names and symbols of some parties. Some centres received the wrong register.

• Possibilities for illegitimate voting: The ink used by the NEC to mark those who had voted could easily be removed. Confusion of voting registers made it difficult to monitor whether individuals might be able to vote in more than one constituency. The requirements for identification were inconsistently applied, but generally allowed use of resident certificates issued by the Popular Committees, despite the fact that these bodies are controlled by the government.

• Mishandling of ballot boxes: The NEC and its High Committees failed to ensure that party agents were able to guard the ballot boxes. In addition, there were incidents of improper transportation of and tampering with the boxes.

• Harassment: On a number of occasions, opposition activists, political party representatives and independent monitors were harassed, threatened or arrested when they tried to engage in the election related activities.

These violations were widespread, and taken cumulatively, prevented the voters of Sudan from freely expressing their will and selecting their representatives.

We urge you, as international guarantors of the process, to confront this failure. As guarantors of the process you must address these deficiencies in the process openly and frankly. Failure to do so will undermine your credibility with the Sudanese people and your ability to effectively play your roles as arbiters in the remaining portion of the interim period.

We call on you to push the National Congress Party and the Sudan Peoples’ Liberation Movement to review the elections and implement a broad range of legislative and policy changes aimed at ensuring that future elections are held in improved conditions. In particular, you should emphasise the need for:

• Reform of the electoral law: The electoral law should be reformed in order to ensure greater protections of the independence and credibility of the National Elections Commission. The current Commission must be replaced with a body that can maintain the confidence of the Sudanese people.

• Revision of constituencies and registration: The current electoral process was based on controversial census and registration processes which effectively excluded or undercounted certain segments of the population. These processes must either be repeated with greater professionalism, or at a minimum, revised in those areas where results were most controversial in order to ensure that processes are truly participatory.

• Referendum: The failures of the electoral process show clearly that a process which allows for the free expression of the will of the people requires a long term engagement in the building of fair procedures, registration and monitoring institutions. In order to ensure that the referendum truly expresses the will of Southerners, the international community must comprehensively engage in these preparatory processes – in addition to monitoring of the ballot itself.

• Legal reform: The CPA provided for the revision of a number of laws in Sudan in order to ensure respect for international human rights standards. Although much of the legislation has been revised, the revised legislation fails to meet international standards. In particular, the transformation of the security services in the CPA has not been accomplished. If concerted effort is not expended to ensure that legal and policy frameworks respect international standards then the Sudanese people will continue to be marginalised and excluded from effective political participation – whether in one state or two.

• Peace in Darfur: The democratic transformation and respect for human rights promised by the CPA continues to be subverted by the lack of security and human misery in Darfur. Concerted efforts must be exerted to ensure that this conflict is addressed.

The international community, and in particular the APSC, have a critical role to play in promoting peace and democratic governance in Sudan. Doing so will, however, require bold and sustained engagement. As Sudanese civil society we are calling on you to make a commitment to such engagement at this session.

Signed:

TAMAM, a civil society group made of 120 member organizations

Sudan Domestic Election Monitoring and Observation Programme (SuDEMOP)

African Centre for Justice and Peace Studies