Clarification Regarding Statement on Joint Forces and Zamzam IDPs Camp

Date: November 15, 2024 Subject: Clarification Regarding Statement on Joint Forces and Zamzam IDPs Camp. We, the undersigned organization and network, would like to clarify that we were not involved in the statement titled “Joint Forces Must End Military Presence in Zamzam IDPs.” We were unaware of our respected organization’s name being associated with this … Read more

Political Application of the Death Penalty in Sudan

1. Background on Sudan’s Death Penalty Legislation
Sudan’s legal approach to the death penalty has been shaped by its political shifts, varying from secular governance to religious-oriented policies, particularly with the introduction of Sharia law in the early 1980s. The application and justification of capital punishment in Sudan reflects a complex intertwining of traditional Islamic principles, colonial influences, and evolving political ideologies.

1.1 Colonial Influence and Early Legislation
During British-Egyptian rule (1899–1956 B.C), Sudan’s legal system combined British common law with Islamic and customary law. However, the death penalty was used for crimes such as murder, with colonial authorities also imposing it as a method of control, especially in cases involving rebellion or political dissent. Furthermore, when Sudan gained independence in 1956, it retained much of this legal framework but began establishing a judicial system more reflective of Sudanese traditions and Islamic values. This period saw the gradual incorporation of Sharia principles into the judicial system, though it was not yet the dominant basis for capital punishment.

1.2 Islamization of the Legal System in the 1980s
The implementation of Sharia law intensified in 1983 under President Jaafar Nimeiri, known as the September Laws, which formally incorporated Sharia into Sudan’s criminal and civil codes. This change introduced hudud punishments (fixed penalties under Islamic law), including the death penalty, as punishments for crimes like apostasy, adultery, and armed robbery.
These laws marked a significant shift, aligning Sudan’s penal code more closely with conservative interpretations of Islamic jurisprudence. For example, Hiraba (Road’s robbery) became punishable by death, and apostasy was criminalized, a controversial addition that attracted widespread criticism from human rights advocates. This move towards Sharia marked Sudan’s divergence from international human rights frameworks, as punishments for non-violent offences were expanded under religious justification.

1.3 Post-1989 Regime and Further Legal Consolidation
The 1989 military coup brought Omar al-Bashir to power, leading to further consolidation of Islamic principles within the judiciary. The Penal Code of 1991 reinforced the death penalty’s use for a wide array of offences, including blasphemy and sodomy. Bashir’s government used these laws to suppress political dissent, framing opposition figures as threats to Islamic society and often trying them in specialized courts.
Under Bashir’s rule, special terrorism courts were established, and death sentences were increasingly applied to political opponents, as seen with members of movements like the Justice and Equality Movement and the Sudan People’s Liberation Movement-North. This politically motivated application of the death penalty reveals the state’s instrumental use of Sharia not only as a moral framework but also as a tool for political control.

1.4 Transitional Period and Partial Reforms (2019 Onward)
Following Bashir’s ousting in 2019, Sudan entered a transitional period, and some reforms to the death penalty laws were introduced. In 2020, the transitional government abolished the death penalty for apostasy, a significant step toward aligning with international human rights standards. However, the death penalty remains for offences like murder, with aspects of Sharia still influencing the judicial approach.
The transitional government’s reforms indicated a willingness to reevaluate the death penalty’s application, though continued political instability has complicated the long-term implementation of these changes.

2. International Human Rights Standards
Sudan’s relationship with international human rights standards has been tenuous, particularly concerning capital punishment. Sudan is a signatory to several international conventions, but its implementation and adherence to these treaties have been inconsistent.

3. International Covenant on Civil and Political Rights (ICCPR)
Sudan ratified the ICCPR in 1986, which obligates the state to uphold the right to life and restrict the death penalty’s application. The ICCPR’s Article 6 limits the death penalty to the “most serious crimes,” generally interpreted to mean violent offences like murder. However, Sudan’s application of the death penalty for crimes such as apostasy and blasphemy has been widely criticized for violating this provision.
The United Nations Human Rights Committee, which oversees ICCPR compliance, has repeatedly expressed concerns over Sudan’s use of the death penalty, particularly for non-violent offences and politically motivated trials. Despite these criticisms, Sudan has resisted external pressure to abolish or limit the death penalty’s scope significantly.

4. African Charter on Human and Peoples’ Rights
Sudan ratified the African Charter on Human and Peoples’ Rights in 1986, protecting fundamental human rights, including the right to life. Although the charter does not explicitly address the death penalty, it promotes the right to life and dignity, which international human rights bodies have interpreted as grounds for minimizing or abolishing capital punishment.
The African Commission on Human and Peoples’ Rights, which monitors compliance with the charter, has encouraged Sudan to restrict the death penalty, especially for minors and non-violent offenders. Sudan’s political application of capital punishment, however, remains at odds with the charter’s ideals, with limited progress toward harmonization.

5. Impact of International Criticism on Sudan’s Death Penalty Policies
International organizations, including Amnesty International and Human Rights Watch, have consistently called for Sudan to reform its death penalty practices, emphasizing compliance with global human rights standards. This international scrutiny has played a role in Sudan’s partial reforms post-2019, although the transitional government’s limited stability has hindered substantial change.
The continued application of the death penalty in politically sensitive cases suggests a reluctance within Sudan’s leadership to abandon this tool of political control. The alignment with international standards remains partial and is often overshadowed by domestic pressures and political interests.

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Report on the Use of the Judiciary as a Tool for Revenge in Eastern Sudan – October 2024

The reality that resulted from the control of the two conflicting parties over geographical areas in Sudan, in which each party uses its absolute powers without international or regional accountability, in addition to the supporters of the parties who were assigned tasks, powers and immunities from being subjected to justice, the combination of legal amendments … Read more

Extend the Fact-Finding Mission’s mandate in Sudan

In a letter released ahead of the UN Human Rights Council’s 56th session (HRC56, 18 June-12 July 2024), over 70 NGOs urge the Council to extend the mandate of the Fact-Finding Mission (FFM) it created in October 2023 to respond to the crisis in Sudan. As the armed conflict that broke out in the country on 15 … Read more

Providing Vital Services to Empower IDPs

Launch of second phase of war-affected support in Zalingei Central Darfur AWAFY team embarked Thursday, May 2, 2024, on first activity in the “Empowering IDPs through Essential Services” Project supported by Norwegian People´s Aid, in the IDPs Gathering Points Center (shelters) of Zalingei city. The activity involves distributing food Items including sugar, oil, and corn/millet … Read more

Transforming Lives: Cash Transfers Boost Health, Food Security & Livelihoods in Zalingei Central Darfur

The humanitarian context in Sudan since the broke out of war on April 15, 2023, has been host to one of the world’s most crucial and catastrophic humanitarian crises, with multiple waves of violence and theft, and population displacements spreading across the whole country. The conflict continues to be characterized by the destruction of homes and property, the killing of civilians, looting and human rights violations, sexual violence, population displacement, family separation, the recruitment of children into armed groups, and the loss of livelihoods. U to now the country is still caught in a cycle of violence and insecurity that has become part of daily life. As many families have no option of leaving their homes, the displacement of other families to their areas caused a huge impact on the availability of life support materials in addition to cutting off large portions of the population from services, information and markets. placing many communities in the region to be severely and urgently in need of support. Additionally, the humanitarian consequences of conflict-related hardship are often aggravated by structural factors, such as limited access to and/or the absence of basic services (e.g., health care, education, safe water, and sanitation facilities).
Since the beginning of the war, the AWAFY Sudanese organization and its partners have been working nonstop together to provide affected individuals and families in Central Darfur, particularly Zalingei with life-saving support assistance in Central Darfur State affected by the ongoing cycle of conflict and relative stability, as well as the consequent waves of population displacement and return. To respond to these situations, AWAFY and its partners conducted many projects to best address children’s and families’ needs including a well-coordinated Cash Transfer program (CTP). In this report, we provide details about the financial support we have provided through implementing The Emergency Response through Cash Transfer Program (CTP) Project in Central Darfur State, SUDAN in 2023

Project Partners:

AWAFY is a youth-led, non-governmental, non-profit national organization established in May 2021 with its first office located in Zalingei, Central Darfur, Sudan.

AWAFY Successfully Implemented Several Projects Covering a Wide Range of Topics. During our journey of serving local communities, AWAFY was pleased to collaborate with local and international institutions.

Our dedicated team believes that local communities should better understand the nature of local problems. Therefore, we are confident that, through empowering local communities with the necessary knowledge and skills, these communities can play a vital role in resolving the root causes of conflicts and problems on a local, national, and, in some cases, regional level and protecting the values of human rights.

 

People in Need was established in 1992 by a group of Czech war correspondents who were no longer satisfied with merely relaying information about ongoing conflicts and began sending out aid. It gradually became established as a professional humanitarian organisation striving to provide aid in troubled regions and support adherence to human rights around the world.

Throughout the 30 years of our existence, we have become one of the biggest non-profit organisations in Central Europe. In addition to humanitarian aid and human rights, we also work in education and help people living in social exclusion.

We are part of Alliance2015, a strategic network of seven European non-governmental organisations engaged in humanitarian aid and development projects. This collaboration increases effectiveness, both in working in the target countries and in campaigns aimed at influencing the attitudes of politicians and the general public in Europe.

We are also part of NeoN, a group of more than 20 organisations and networks representing over 600 NGOs. Together, we negotiate cooperation with the state administration at the level of the Office of the Government, ministries, and parliament

Sudanese Development Call Organization (NIDAA) is dedicated to serve, mobilize and motivate the Sudanese societies, longing for desirable change through training, advocacy and sustainable community development

 

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African delegations stood in solidarity

Fighting broke out between the Sudanese Armed Forces and the Rapid Support Forces in the capital, Khartoum, on Saturday, April 15, 2023, Sudanese women and Sudanese civilians suffered serious violations during the ongoing war, some of which now amount to genocide, as happened in West Darfur State, El Geneina, and other crimes against humanity and … Read more

Foundations of Youth Leadership and the Concept of Civic Action

As part of activities aimed to Empowering Youth and grassroots initiatives, AWAFY in collaboration with Zalingei Intellectual Social Cultural Forum, organized a forum entitled “Foundations of Youth Leadership and the Concept of Civic Action”, which explored the leadership foundations of Youth, the empowerment of Youth and their active role in building a rational society where … Read more

Distribution of mosquito nets for children, pregnant and lactating women

With continuous efforts to alleviate the effects of the war by working in gathering points shelters in Zalingei – Central Darfur, where IDPs face worsening human and health conditions as a result of the absence of health services.  AWAFY is aware of the importance of maintaining the health of those in gathering points shelters, especially … Read more