MOTION FOR A RESOLUTION on Sudan
15.1.2019 - (2019/2512(RSP))
pursuant to Rule 135 of the Rules of Procedure
Elena Valenciano, Pier Antonio Panzeri on behalf of the S&D Group
See also joint motion for a resolution RC-B8-0053/2019
The European Parliament,
-having regard to its previous resolutions on Sudan;
-having regard to the International Covenant on Civil and Political Rights;
-having regard to the Universal Declaration of Human Rights;
-having regard to the African Charter on Human and Peoples’ Rights;
-having regard to the Cotonou Agreement;
-having regard to the ‘Report of the Independent Expert on the situation of human rights in the Sudan’ of 28 July 2016 and the ‘Report of the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, on his mission to the Sudan’ of 4 August 2016;
-having regard to the statement of 11 January 2019 by the Spokesperson of the Vice-President/High Representative (VP/HR) on the ongoing protests in Sudan;
-having regard to the UN Security Council’s Resolution 2445 on Sudan adopted at its 8400th meeting on 15 November 2018;
-having regard to the Statement of the Chairperson of the Commission of the African Union on the situation in the Sudan of 30 December 2018;
-having regard to Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;
-having regard to Rules 135(2) of its Rules of Procedure.
A.Whereas since December 2018, peaceful demonstrations have taken place on the streets of several cities in Sudan spreading across the country, including to the capital Khartoum, with citizens legitimately protesting against living price increases and calling on President Omar al-Bashir to step down;
B.Whereas the Government of Sudan has deployed national security forces, the police, and the paramilitary Rapid Support Forces to quell the protests, who have used excessive force to disperse unarmed protesters, including firing live ammunition, rubber bullets, and teargas;
C.Whereas it has been estimated that at least 40 people have been killed, including children, since protests began; Whereas security forces have arrested and detained approximately 437 Sudanese citizens including opposition political party leaders, students, doctors, human rights activists and journalists;
D.Whereas those arrested have been detained for long periods, often without charge whilst others have been detained incommunicado under emergency law; Whereas some detainees have been moved to remote prisons thereby hindering access to receive visits from family members or legal representation;
E.Whereas Sudan’s national security agency, the National Intelligence and Security Service (NISS) is notorious for carrying out abuses against detainees, including prolonged detention without charge and verbal and physical abuse;
F.Whereas the lack of access to lawyers and family members for detainees, as well as use the torture by the NISS and other forms of ill treatment against detainees gives rise to serious concerns for their safety;
G.Whereas the activities of civil society organizations and political opposition parties have been severely restricted with the NISS preventing many civil society organizations and opposition parties from holding events in recent weeks;
H.Whereas Sudanese authorities have repeatedly blocked access to different social media platforms and services since 20 December 2018 and several newspapers have refrained from going to press after the NISS issued restrictions on publishing information related to the protests;
I.Whereas the Sudanese Government’s response to the December 2018 protest violates the right to freedom of assembly, association and expression, right to personal liberty, prohibition against torture and ill-treatment, amongst others, which are guaranteed in regional and international treaties to which Sudan is party;
J.Whereas Sudan is yet to ratify other key universal human rights treaties including like the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment, and the Convention on the Elimination of Discrimination Against Women;
K.Whereas although some progress has been made in legislative and institutional reforms, the overall democratic transformation of the Sudan has remained precarious with parts of the legal framework, such as the National Security Act and the Criminal Act, continuing to deny fundamental rights and freedoms;
L.Whereas in Abyei, Southern Kordofan and Blue Nile states, as well as in other border areas, clashes between the Sudanese Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA) continue to cause human rights violations and displacement of people;
M.Whereas in October 2018 the U.S moved to "phase two" of removing Sudan’s designation as a state sponsor of terrorism but with little mention of human rights as criteria for measuring further progress;
N.Whereas President Al-Bashir, who has been in power for 29 years, is wanted by the International Criminal Court for genocide, crimes against humanity and war crimes in Darfur.
1.Expresses its deepest regret at the loss of life of those peacefully exercising their right to protest in Sudan. Expects the government of Sudan to fully respect the right of people to voice their concerns about the rising cost of living and respond to these legitimate grievances;
2.Calls on the Government of Sudan to immediately release all those detained and make their whereabouts known following the recent protests or present legitimate charges in accordance with international standards;
3.Reminds the Government of Sudan of its obligations in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments which it has ratified, to ensure in all circumstances the respect for human rights and fundamental freedoms;
4.Calls on the Sudanese Government to promptly investigate all allegations of, ill-treatment, arbitrary detention and excessive use of force and to hold those responsible to account in fair trials without recourse to the death penalty;
5.Expresses its deep concern with regard to the increased use of force by the NISS against citizens. Calls for an immediate end to the prevailing culture of impunity for human rights violations committed by the NISS, notably by lifting the immunity of NISS officers and soldiers. Once again calls on the Sudanese Government to conduct an urgent review of its National Security Act, which allows the detention of suspects for up to four and half months without any form of judicial review, and to reform its legal system in accordance with international human rights standards;
6.Expects the Government of Sudan to put an end to any kind of harassment, including at the administrative and judicial level, against all human rights lawyers and defenders ensuring that they are not criminalised in retaliation to their legitimate activities, and guarantee the right to fair trial is respected at any stage;
7.Deplores the restrictions imposed on access to the internet and the curtailment of freedom of expression through the censorship of newspapers. Notes that holding government policies and politicians to account in the public domain should not result in repression of the free press; Calls for an immediate end to such restrictions, and urges Sudan to undertake reforms to guarantee freedom of expression, in accordance with its obligations under the its constitution and its international commitments, including the Cotonou Agreement;
8.Reiterates its concern about access restrictions imposed on international humanitarian agencies and organisations; Recalls that the Office of the UN High Commissioner has repeatedly requested access to Abyei to monitor the human rights situation but has been refused. Demands that the Sudanese Government make every effort possible to improve access by international humanitarian agencies to all those seeking humanitarian aid in accordance with its engagements during the universal periodic review;
9.Once again calls on the EEAS and the Commission to closely monitor EU development assistance in Sudan in order to prevent any direct or indirect support to local militias, and to ensure that RSF forces patrolling Sudan’s borders with Egypt and Libya do not purport to fight illegal migration on behalf of the EU;
10.Urges the Commission and the Member States concerned to therefore ensure complete transparency concerning the ‘better migration management’ project with Sudan, including all planned activities and beneficiaries of EU and national funding
11.Calls on the African Union Member States, and in particular those countries that have hosted President Bashir (the Democratic Republic of Congo, Chad, South Africa, Uganda and Djibouti), to comply with the Rome Statute and the decisions of the International Criminal Court; Calls on the EU to move to impose targeted punitive sanctions against those responsible for continued human rights abuses, war crimes and non-cooperation with the International Criminal Court;
12.Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the African Union Commission, the Pan-African Parliament and the Sudanese Government.