NGO Law Monitor: Sudan

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Last updated 7 October 2013

Update: A new policy declared by the Humanitarian Aid Commission (HAC) in May 2013 requires that CSOs secure HAC approval for projects and individual activities before CSOs obtain funding from foreign sources. However, the HAC will not grant approval unless the project is aimed at providing humanitarian services; advocacy activities do not receive approval. The receipt of foreign funding without prior HAC approval subjects CSOs to dissolution.

The Sudanese government is also planning to introduce new rules governing activities of the foreign humanitarian groups, including United Nations agencies. In the future, only national organizations will be allowed to work in the field of human rights. The Sudanese interior minister Ibrahim Mahmoud Hamid said that there would be “detailed procedures for the work of foreign humanitarian groups in the capital Khartoum and the regions, ensuring that it is in line with government policies and strategy."

Introduction

The history of civil society organizations (CSOs) in Sudan dates to the pre-independence period when Sudan was under Anglo-Egyptian colonial rule. This period lasted from 1899 until Sudan gained independence in 1956. Prior to independence, there were some cultural, literary and artistic societies of limited membership in Khartoum. In the mid-1940s, however, political movements started to become active in Sudan in the struggle for Sudan’s independence or a union with Egypt. The most active organization was the Graduates Congress (in reference to the graduates of Gordon Memorial College), which was founded by leading political figures from various sectors of society who maintained close contacts with the colonial leaders from the United Kingdom and established political parties based on their various social, tribal, ethnic and regional affiliations. These new parties eventually played a role in the negotiations for the post-colonial future of Sudan and are considered to be the first CSOs in Sudan’s history.

Following Sudanese independence, CSOs working on civil, political, economic, social and cultural rights mushroomed all over the country, especially in Khartoum. CSO registration, membership, activities and conformity to the laws and regulations in place varied after independence, however, depending on the government that was in power. Sudan has had three parliamentary democracies and three military governments since independence, including the present military government, which has been in power since 1989. CSOs have flourished in fulfilling their objectives under civilian rather than military rule. Accordingly, when the present government took power in 1989, all political parties, organizations, professional associations, trades unions, societies, newspapers and magazines were banned under the State of Emergency that was declared. It has been an uphill battle for CSOs in Sudan ever since.

At a Glance

Organizational Forms	National voluntary organization, charitable organization, civil society organization (as defined in the Voluntary and Humanitarian Work (Organization) Act).
Registration Body	Ministry of Interior
Approximate Number	Unknown
Barriers to Entry	Mandatory registration; Burdensome requirements (30 minimum founders required); Annual re-registration.
Barriers to Activities	Suppression of CSOs not aligned with government.
Barriers to Speech and/or Advocacy	Fines and penalties for CSOs that publicly disagree with the government.
Barriers to International Contact	“Country Agreements” required for foreign CSOs.
Barriers to Contact	Nearly impossible to receive permit to hold an assembly

Key Indicators

Population	34,847,910 (2012 est.)
Capital	Khartoum
Type of Government	Federal republic ruled by the National Congress Party the (NCP), which came to power by military coup in 1989
Life Expectancy at Birth	Male: 60.58 years Female: 64.67 years (2012 est.)
Literacy Rate	Male: 71.8% Female: 50.5% (2003 est.)
Religious Groups	Sunni Islam, small Christian minority
Ethnic Groups	Sudanese Arab (approximately 70%), Fur, Beja, Nuba, Fallata
GDP per capita	$2,400 (2012 est.)

Source: The World Factbook 2009. Washington, DC: Central Intelligence Agency, 2009.

International Rankings

Ranking Body	Rank	Ranking Scale (best – worst possible)
UN Human Development Index	171	1 – 182
World Bank Rule of Law Index	3	100 – 0
World Bank Voice & Accountability Index	2	100 – 0
Transparency International	173	1 – 180
Freedom House: Freedom in the World	Status: Not Free Political Rights: 7 Civil Liberties: 7	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	Rank: 3 Human Rights: 8.3	177 – 1 0-10

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	18 Mar. 1986
Optional Protocol to ICCPR (ICCPR-OP1)	No	--
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	Yes	21 Mar. 1977
Freedom of Association and Protection of the Right to Organize Convention	No	--
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	--
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	No	3 Mar. 1990
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	No	--
Convention on the Rights of the Child (CRC)	Yes	4 Apr. 2009
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	No	--
Convention on the Rights of Persons with Disabilities (CRPD)	Yes	4 Apr. 2009
Regional Treaties
Arab Charter on Human Rights African Charter on Human Rights and People's Rights	No Yes	-- 11 Mar. 1986

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The 2005 Interim National Constitution (INC) followed the Comprehensive Peace Agreement (CPA) (Summary) of the same year, which was concluded between the Government of Sudan and the South Sudan-based Sudan People’s Liberation Army (SPLA). A new constitution is expected to be adopted in the coming years, but there is controversy between the Government of Sudan and opposition parties, including independent civil society organizations, on the nature of the new constitution. The Government may seek to impose an Islamicconstitution and the opposition is advocating a civil (secular) constitution.

The current INC does provide for protection of freedom of assembly and association. Article 40 of the INC states:

(1)        The right to peaceful assembly shall be guaranteed; every person shall have the right to freedom of association with others; including the right to form or join political parties, associations and trade or professional unions for the protection of his or her interests.
(2)        Formation and registration of political parties, associations and trade unions shall be regulated by law as is necessary in a democratic society.
(3)        No association shall function as a political party atthe national, Southern Sudan, or state level unless:

(a)        Its membership is open to any Sudanese irrespective of religion, ethnic origin or place of birth.
(b)        It has a programme that does not contradict the provisions of this Constitution.
(c)        It has a democratically elected leadership and institutions.
(d)       It has disclosed and transparent sources of funding.

Article 27(3) of the INC also states:

All rights and freedoms enshrined in international human rights treaties, covenants, and instruments ratified by the Republic of the Sudan shall be an integral part of this Bill.

As Sudanratified the International Covenant on Civil and Political Rights (ICCPR) in 1986, Sudan is bound by the ICCPR’s provisions, including Article 21 (the freedom of peaceful assembly) and Article 22 (the freedom of association).

National Laws and Regulations Affecting Sector

CSOs are governed by the Voluntary and Humanitarian Work (Organization) Act, 2006 (“the Act") (Arabic version). The legislation is inconsistent with many provisions of the 2005 Interim National Constitution and the ICCPR. A key concern is Section 6 of the Act, which defines the objectives of humanitarian work narrowly, so as to include only such goals as emergency relief from natural disasters, reducing risks from disasters, directing relief aid to rehabilitation and development, reconstruction of infrastructure destroyed by war or natural disasters, building local capacity of national organizations, and the execution of relief projects and services through voluntary and charitable organizations.

It is thus clear that the Act is intended for humanitarian relief and charitable work, rather than the wider scope of civil society pursuits, such as the rule of law, democratic transition, justice and fundamental human rights and freedoms. CSOs working in these fields face harassmentfrom government officials in charge of registering CSOs, and in particular from the National Intelligence and Security Service (NISS). The National Intelligence and Security Act, 2010, empowers the NISS to search, arrest and detain persons for varying periods, without any judicial supervision or sanction.

Pending CSO Legislative / Regulatory Initiatives

The Government of Sudan is in the process of preparing a new Islamic Constitution, which civil society and the majority of opposition parties believe would not be suitable for a multi-ethnic, multi-religious and multi-cultural society, such as Sudan.

The Sudanese Interior Minister announced in August 2013 that the Government plans to introduce new rules governing activities of foreign humanitarian organizations, including United Nations agencies. According to the rules, only national organizations will be allowed to work in the field of human rights.

Legal Analysis

Organizational Forms

There are three organizational forms defined in Section 4 of the Voluntary and Humanitarian Work (Organization) Act (“the Act”):

A“national voluntary organization” is defined as“a Sudanese non-governmental voluntary organizationregistered in accordance with the provisions of this Act” that does not include a:

Companyregistered in accordance with the provisions of the Companies Act, 1925; or
a political party.
A “charitable organization” isan “organization that may be established by citizens, groups or individualsand having thefinancial ability to establish and sustain charitable activities.”
A “civil society organization” is “a civil society organizationthatpractices voluntary and humanitarian work for not-for-profit purposes and which is registered in accordance with the provisions of [the Act].”

According to the Act, “voluntary and humanitarian work” means any “not-for-profit voluntary humanitarian activity carried out by any national or foreign voluntary or charitable organization registered in Sudanthat aims atproviding humanitarian aid, relief, public servicesand human rights services, protecting the environment, or enhancingthe economic and social standards of the beneficiaries.”(Section 4)

Public Benefit Status

There are no clear rules about tax exemptions or public benefit status in Sudan. However, according to the Act, exemptions on customs and other duties, taxes, and funds given to organizations that carry out “voluntary or charitable work”may be granted by the Minister of Finance and National Economy, upon the recommendation of the Minister [of Humanitarian Affairs],“to national, foreign voluntary organizations, or civil society organizations registered under the Act.” (Section 29(1),(2), and (3))

Barriers to Entry

There are a number of barriers to entry in the Act. For instance:

Minimum membership requirement. In order to register a voluntary or charitable organization, the Act requires the organization to have a minimum of 30 members. (Section 9(1)(a)) However, if the organization has less than 30 members, “the Minister [of Humanitarian Affairs] may approve the registration of an organization on condition that [the organization] establishes that it has financial capacity, sustainability, sources of funding, and is registered.” (Section 9(2))

Requirements for foreign organizations. A foreign voluntary organization “shall provide proof showing its financial and technical capability to carry out the activities or work it intends to carry out in Sudan and the source of those capabilities.”(Section 9(2)(e)) In addition, it “shall not have its quarters or origin in any country in a state of war with the Sudan, or boycotted by [Sudan].” (Section 9(2)(d))

Annual re-registration requirement. Every organization must annually renew its license “as to such conditions, as the regulations may specify.” (Section 11)

Mandatory registration. Registration is mandatory and unregistered organizations can be fined for not being registered. Section 23 states that “every person, or group of persons, who practice the activity of voluntary organization, without registration in accordance with the provisions of this Act” is deemed to have committed a contravention[of the Act].”Section 24 defines the penalty for contravention as a fine.

Refusal of registration. The Registrar may reject the registration of any organization where “the activities it carries out are inconsistent with the principles provided for in section 5[of the Act]”(Section 13(1)(a))

These “principles” include:

Non–discrimination on the grounds of race, gender, ethnicity, political afflation or religious beliefs; (Section 5(a))
Having due regard for the desires of the local community at all stages of the project through the participation of local communities; (Section 5(e)) and
Non-interference of foreign voluntary organizations in the internal affairs of the Sudan in a way that may infringe on the sovereignty of the country. (Section 5(f))

The non-discrimination principle, while it may seem appealing, could violate the freedom of association. For example, an advocacy campaign to bring together “women against forced marriages” or to raise awareness about the human rights of a certain minority group could risk violating the provision in Section 5(a) since they could be considered “discriminatory” on the basis of gender or ethnicity.

Similarly, the interest in the participation of local communities in CSO projects in Section 5(e) and preventing foreign CSOs from “interfering” in internal affairs in Section 5(f) are not “precise” grounds for denial and do not meet the strict limitations for restricting the freedom of association under the ICCPR. Terms such as “due regard for the desires of the local community,” “non-interference” and “internal affairs” are undefined in the Act, giving implementing officials substantial discretion to determine whether an organization’s activities are in violation of the Act.

Furthermore, a decision to refuse registration may be appealed to the Minister of Humanitarian Affairs within fifteen days, but there is no required timetable for the Minister to respond to the appeal and there is no ability to make a subsequent appeal to an impartial body. (Section 13(3))

Revocation of registration. An organization can have its registration revoked if it “has contravened the provisions of this Act, the regulations or any other law in force;” if it fails, “without acceptable justification,” to perform its activities for the period of one year; or if it “uses humanitarian aid for obtaining unlawful gains.” (Section 14(1)) These vague provisions leave undefined terms such as “acceptable justification” and “unlawful gains” and open the door to revocation even for minor infractions of law.

In addition, there are practical barriers to entry. For example, the Sudan Development Initiative (SUDIA) tried to open an office in Red Sea State in 2013. After waiting for over three months, SUDIA received a formal answer from the HAC notifying SUDIA that the request was declined, and without stating any reason as to why the HAC declined the request. HAC has also been obstructing the work of other national NGOs throughout the country, even those that engage with the HAC and ensure their compliance with the HAC’s procedures and regulations.

Barriers to Operational Activity

Legal barriers to operational activity in the Act include the following:

Annual re-registration requirement.Every registered organization must renew its license on an annual basis. (Section 11)

Interference in internal affairs.The Registrar has the authority to “supervise the elections of national organizations.” (Section 22(2)(d))

Reporting requirements. Every registered organization must submit to the Registrar a semi-annual report on its business;an annual report; and a copy of the annual budget, which is “approved by a certified auditor.” (Section 27(1))

In addition, there are a number of additional extra-legal pressures on civil society, as illustrated by these incidents:

In November 2012, the newly formed Confederation of Sudanese Civil Society Organizations (CSCSOs) purported to hold a press conference to declare the new organization. The NISS entered the premises of Sudan Human Rights Monitor (where the press conference was to be held) and ordered the dispersal of the gathering as an unlawful meeting for which no permission was obtained, and that the meeting was a threat to a “national security.”

Also in November 2012, the Sudanese Writers Union was called to the headquarters of the registration authority and given a warning that a workshop held on the proposed constitution was a “political” activity in which they should not engage.

In December 2012, the Sudan Studies Centre was suspended for one year in a letter from the Minister of Information alleging that the Centre had been engaged in activities threatening “national security.” On the same day the Dar Alfinoon (House of Arts) was closed for the same reason.

Barriers to Speech/Advocacy

CSOs supporting the government in power enjoy full government backing, including funding, customs exemptions on imports, and participation in government activities, including accompanying official delegates on travel to regional and international events. CSOs opposing the government, however, are often harassed, threatened, and closed down if they voice a position contrary to government views.

Barriers to International Contact

There are no legal barriers that restrict the ability of domestic organizations from contacting or communicating with international counterparts.

Several provisions do potentially restrict the ability of foreign organizations from operating in Sudan. For example, Section 5(f) requires the “Non-interference of foreign voluntary organizations in the internal affairs of the Sudan in a way that may infringe on the sovereignty of the country.” In addition, Section 9 sets forth the following registration requirements for a foreign organization:

“Its headquarters or origin shall not be in any state in a state of war with Sudan, or boycotted by [Sudan];” (Section 9(3)(d))
The foreign organization “shall produce what may prove itsfinancial and technical capabilities to carry outthe activities or work it intends to carry out in Sudan and the source of those capabilities;”(Section 9(3)(e))
The foreign organization “shall sign the country agreement;” (Section 9(3)(g)) and
The foreign organization shallsatisfy “any other conditions, as the minister may lay down, from time to time.” (Section 9(3)(h))

All of these provisions may be subject to arbitrary interpretation so as to prevent foreign organizations from operating in Sudan.

Barriers to Resources

According to Section 7(1) of the Act,CSOs seeking grants or funding for an organization’s program must have a “project instrument” approved by the government. y CSOs may not obtain funds or grants from inside or outside the country, except with prior approval of the Ministry of Humanitarian Affairs. (Section 7(2))

A recent policy issued by the Humanitarian Aid Commission (HAC) in 2013 reinforces these rules. The 2013 policy requiresCSOs to secure HAC approval for projects and individual activities before aCSO obtains funding from foreign sources. However, the HAC will only grant approval if the project is aimed at providing humanitarian services; advocacy activities will not receive approval. The receipt of foreign funding without prior HAC approval subjects the CSO to dissolution.

Barriers to Assembly

Government Discretion

According to Section 69 of the Interim National Constitution (INC), a “breach of the peace” occurs even when one person commits an act, which “is likely to breach the peace or public tranquility.” The consequence for a “breach of the peace” is severe: punishment with imprisonment for a term not exceeding one month, or a fine, or flogging not exceeding twenty “lashes.” With vague terms, such as “public tranquility,” this is a troublesome provision that affects those engaging in assemblies that the government deems has “breached the peace.”

Place Restrictions

Under section 127 of the INC, the Governor or Commissioner of the jurisdiction may order the prohibition or restriction of any meeting,assembly or procession on public roads or places where a“breach of the peace” is likely. There is no right to appeal against the prohibition.

Notification

Although the INC provides for freedom of assembly, the Government has relied on a Circular from the Minister of Interior, which states that before any rally or demonstration may take place, the organizers must address to the Minister a letter of intent, including why, where and when they plan to assemble. The Minster must give his consent in writing before such demonstration can take place. In fact, however, no such permit is ever given.

In connection to this, it is important to mention an incident that occurred on December 30, 2012. Following a series of raids by the National Intelligence and Security Service (NISS) on the premises of CSOs, and the suspension of the activities of other CSOs, dozens of members of suspended CSOs decided to present a petition to the recently established National Commission on Human Rights. When these CSOs reached the premises of the Commission, security and police forces forcibly prevented them from entry and arrested two people. The Chairman and some members of the Commission intervened, arguing that it was within the Commission’s mandate to admit the CSOs and receive their petition. This was rejected by the security forces, who replied that they do not receive orders from the Commission. The crowd was then dispersed by force. What was unprecedented is that the Commission issued a press statement the same day denouncing the action of the security forces as a denial of the Constitutional rights of CSOs and an affront to the Commission’s role and its immunity, and that the Commission would take any action necessary to ensure that such actions are not repeated in future.

Enforcement

Article 40 of the INC protects the right to freedom of assembly, but in practice assemblies, rallies, demonstrations and public gatherings face suppression by the police and the NISS.

National Security laws adopted since the 1989 coup – the latest being the National Intelligence and Security Act, 2010 – have empowered the NISS to search, arrest and detain persons for varying periods, without any judicial supervision or sanction. In particular, the NISS has been used to prevent protest demonstrations and rallies, no matter what the purpose. Resorting to the Constitutional Court has proved futile, as the petition is always rejected when one is seeking to contest the legality of suppression of the right of assembly on the basis of alleged threat to “national security.”

Since the separation of South Sudan in July 2011 – and the stoppage of the revenue from oil, which constituted more 75% of GDP – inflation has hit the economy very hard and affected the lives of the majority of the Sudanese population. Peaceful demonstrations spread throughout the country in July and August 2012, especially at university campuses, schools and poor quarters in towns. The police and security organs were high-handed in repressing these demonstrations. They used teargas, electric sticks and batons, and several individuals and political party leaders were detained for weeks in solitary prison cells in secret detention houses. They were subjected to torture and inhuman treatment.

Criminal Penalties

Prison terms and physical punishment are common for even minor infractions of the laws on assembly, most of which are written vaguely to allow the authorities broad discretion to determine which actions are “unlawful” and warrant penalties. Two such examples are included below:

Section 67 of the Sudan Penal Code provides as follows:

“A person shall be said to commit the offence of breach of the peace if he joins in any crowd of five persons or more, if the crowd shows force or uses terrorism or violence,or if the common intention is to achieve any of the following objects:

To resist the execution of a provision of any law or any legal process.
To commit the offence of mischief or criminal trespass or any other offence.
To exercise any right or claimed right in way that may lead to a breach of public peace.
To compel a person to do what he is legally bound to do or to omit to do what he is lawfully entitled to do.”

Section 68 provides:

“Any person who commits the offence of ‘breach of the peace’ shall be punished with imprisonment for a term not exceeding six months or with flogging which may not exceed twenty lashes. If he is carrying a weapon or any instrument which may cause death or grievous harm he shall be punished with imprisonment for a term not exceeding one year or with fine or with both.”

Reports

UN Universal Periodic Review Reports	Sudan
Reports of UN Special Rapporteurs	Sudan
USIG (United States International Grantmaking) Country Notes	Not available
U.S. State Department	2008 Country Reports on Human Rights Practices: Sudan
Failed States Index Reports	Foreign Policy: Failed States Index 2012
IMF Country Reports	Sudan and the IMF
International Commission of Jurists	Not Available
International Center for Not-for-Profit Law Online Library	Sudan

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

UN Expert deeply concerned at mass arrests and heavy media censorship during protests (October 2013)
The United Nations Independent Expert on the situation of human rights in the Sudan, Mashood Adebayo Baderin, expressed deep concern at the large number of arrests and detentions by the authorities since mass protests began on 23 September in parts of the Sudan, as well as the heavy censorship on local media. According to reports, at least 800 activists, including members of opposition parties, journalists, and others have been arrested amid on-going demonstrations. “I urge the Government of the Sudan to charge all those arrested with a recognizable offence or immediately release them,” Mr. Baderin said. “Furthermore, the Government must allow the detainees access to their families, legal representation and medical care.”

At Least 32 Killed, 700 Arrested In Worst Unrest In Years (October 2013)
Seven hundred people have been arrested during a week of the worst unrest in central Sudan in years. One week on from the start of demonstrations against subsidy cuts, police again used teargas on protesters, this time women students at Ahfad university in Khartoum's twin-city of Omdurman who chanted "We don't want Bashir", witnesses said. At a news conference called by the government, Interior Minister Ibrahim Mahmoud Hamad said 34 people had died, far fewer than the up-to-150 estimated by Sudanese human rights activists and some diplomats. Hamad said police had not used live ammunition against protesters who, he said, had attacked more than 40 petrol stations, 13 buses and several government buildings.

Sudan to further restrict work of foreign aid groups including UN agencies (August 2013)
The Sudanese government is introducing new rules governing activities of the foreign humanitarian groups including United Nations agencies and will only allow national organizations to be working in the field of human rights." The Sudanese interior minister Ibrahim Mahmoud Hamid said that there would be “detailed procedures for the work of foreign humanitarian groups in the capital Khartoum and the regions, ensuring that it is in line with government policies and strategy."

Crackdown on civil society in Sudan emboldens hardliners (March 2013)
The Government of Sudan has been engaged in a "crackdown" on civil society organizations and leaders. For example, in December 2012, the government arbitrarily shut down four civil society organizations operating in Khartoum and blocked activists from demonstrating against these closures outside the National Human Rights Commission a few days later. This crackdown on civil society, the media and opposition parties worsened in February after the signing of the so-called "New Dawn Charter" between the movements making up the Sudan Revolutionary Front and the non-violent opposition political parties gathered in the National Consensus Forces. The government has further arrested six opposition politicians for signing the Charter; five of them remain in arbitrary detention without charge.

On the closure of Al Khatim Adlan Center for Enlightenment and Human Development (KACE) (December 2012)
A delegation the Humanitarian Aid Commission burst into the KACE Center on December 31, 2012 asking for the director. They handed him an administrative decision of the year 2012signed by the General Registrar of Organizations Dr. Mohamed FadellalhSurajEldin. The decision announced “the cancellation of the registration of Al KhatimAdlan Center for Consultancy [sic] and Human Development and the removal of its name from the general record of the voluntary organizations authorized to work in Sudan.”It was clear that the purpose of their visit was not only to convey this decision, as the delegation also stated that they were directed to list and put their hand on all the removable and non-removable assets of the center, taking over the building. KACE’s administration requested a letter from the General Commissioner of HAC or the director of national organizations at the Commission with the names of the persons assigned to list KACE assets, however this was denied.

Human Rights Watch

Sudan: Despite Pledge, Many Political Prisoners Remain

The foregoing information was collected by the ICNL NGO Law Monitor partner organization in Rwanda.