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(~CHP!t'l} i ACH PR ,. p African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility obligation, under the Pinheiro Principles, also entails that States shall take steps to ensure that no one is subjected to displacement by either State or non-State actors.s178. In the instant case, it is evident in the absence of any rebuttal by the Respondent State that the victims of displacement in South Kordofan and Blue Nile have both been displaced from their residences and denied their right to peaceful enjoyment of property. 179. The Commission finds that the displacement of civilians from the lawful and quiet enjoyment of property amounts to a violation of Article; 14 of the African Charter. Alleged violation of Article 16 of the African Charter 180. The Complainants alleged that the attacks on civilians, subsequent displacement and failure of the Respondent State to provide basic services violated Article 16 of the African Charter. The Complainants claimed that the bombardment of civilians, their homes, farms and dwelling areas, which cut them off from drinking water, food, electricity and medical aid, constitute a violation of Article 16 of the African Charter. 181. Article 16 of the African Charter guarantees that "[elvenj individual shall have the right to enjoy the best attainable state of physical and mental health." This right entails the obligation of state parties to take me necessary steps to protect the health of their people and to ensure that they re~eive appropriate medical attention when they are sick. The right to the best attainable state of physical and mental health also entails both a positive obligation on the part of the State to progressively realise the right of access to the basic necessities for good health such as food, water and healthcare, and a negative obligation to not impede access by the civilian population to these necessities. 182. In this regard, the Commission takes inspiration from the work of the UN Committee on Economic, Social and Cultural Rights. In General Comment No. 15 on The Right to Water, for example, the UN Committee on Economic, Social and Cultural Rights states that the right to water is inextricably linked to the right to the highest attainable standard of health.s> Similarly, in the case of SERAC, the Commission found that the right to food is implicit in the African Charter and inseparably linked to the dignity of human beings. The African Charter and All Organ 01 lne AfriGan (' .:~, Union ,,,,,.'1 https:/achpr,auJntlO 0 a

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Communication 402/11 & 420/12 - Sudanese Civilians in South Kordofan and Blue Nile (represented by Sudan Democracy First Group, REDRESS, Human Rights v. Sudan

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Enforced disappearance
Equality
Equality Before the Law
Extra-Judicial Killings
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Freedom of Movement
Land Rights
Protection of Family and Vulnerable Groups
Rape
Right to Fair Trial
Right to Family
Right to Health
Right to Information
Right to Information / Digital Rights
Right to Life
Right to Property
Right to Self-Determination
Rights of Minority Communities
Serious and Massive Violation of Human Rights
Sexual and Gender Based Violence
Sexual Offences
Violations Resulting from Warfare and Military Operations

Case Head Notes: In 2011 the Sudanese Armed Forces (SAF), and militia groups under SAF control, launched a series of assaults, including aerial bombardment, against citizens in South Kordofan state, and Blue Nile state. The SAF targetted refugee camps, civillian dwellings, schools, hospitals, refugee camps and fields used for food cultivation. The Complainants state that the government has made its intention, to cleanse the two states of the ethnic groups that live there, clear, and reference a video in which the govnenor of South Kordofan told SAF to "take no prisoners... hand over the place swept, rubbed, crushed." The Commission found a violation of Article 4, noting that the indiscriminate bombing of civilian areas amounted to an arbitrary deprivation of life by state security forces. The Commission found a violation of Article 5 stating that rape and sexual violence, other violent assaults, enforced disappearances, and the ill-treatment and torment of individuals who were arrested and detained, all amounted to a violation of Article 5. The Commission found a violation of Article 6, noting the widespread artbitrary detentions that were made, primarily, on the basis of an individuals perceived opposition to the government. They further state that the existence of conflict in the affected regions does not justify any arbitray measures adopted by agents of the Respondent State. The Commission found a violation of Article 7, noting that the incommunicado detention of hundreds of civilians, without trial amounted to a clear violation. The Commission found a violation of Article 9, stating that people had been deliberately cut-off from access to media coverage of the violations committed. The Commission found a violation of Article 12, stating that the failure of the Respondent State to prevent or mitigate the involuntary movement, or forced displacement, of the civilian populations, or to protect those who have been forcibly displaced, amounted to a violation. Noting the destruction of homes, buildings, and cultivated land, the Commission found a violation of Article 14, on account of depriving civilians of the lawful enjoyment of property. The Commission found a violation of Article 16 stating that the failure of the Respondent State to provide basic services such as drinking water, electricity, and medicine, by itself contravenes Article 16, and that the deliberate prevention of these basic services in the affected regions amounted to a flagrant violation. Specifically, the bombing of civilian homes, and resulting forced displacement, negatively affected civilians rights to basic services, which violated their right to health. The Commission also found that the forced displacement of civlians violated Article 18. The Commission found violations of Articles 2 and 18(3), and stated that sexual assaults are acts of gender-based violence, and that investigating, prosecuting, and punishing offenders is a mandatory element of the Respondent State's duty to prevent discrimination. They further note there is no evidence that the Respondent State fulfilled its obligation to prevent discrimination based on gender, sex, colour, origin, ethnicity, or political opinion. The Commission found violations of Articles 19, 20, 21 and 23 becasue they noted that the Respondent State specifically targetted the Nuba people (Article 19), that the loss of life, destruction of property and forced displacement threatened the existence of the Nuba as a distinct people (Article 20), that the destruction of homes and cultivated land in the Nuba mountains effectively denied the inhabitants the right to freely dispose of their wealth (Article 21), and that the attacks on civilian villages by state forces, and failure of the Respondent State to take any measures to prevent the disruptions of peace and security, or to investigate and punish violators, contravened Article 23. The Commission found a violation of Article 3 because the Respondent State did not protect the Nuba people, or women, children, and ethnic minorities in the same way that it protected the dominate sectors of the Sudanese population. On account of the other established Charter violations, the Commission also found a violation of Article 1. In Paragraph 282, the Commission makes a list of recommendations, including urging the Respondent State to: set up an independent inquiry to investigate the violations, ratify the Maputo Protocol and Kampala Convention, immediately release all arbitrarily detained civilians, facilitate unimpeded access by humanitarian aid groups, allow access for international monitors, provide housing and basic needs to displaced persons, and ensure the safe return of displaced persons to their communities.

Country

Sudan

Outcome: Decided on Merits

Year Decided: Mar 7, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 12: Right to Freedom of Movement
ACHPR 14: Right to Property
ACHPR 16: Right to Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 23: Right to National and International Security and Peace
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 9.1: Right to Receive Information

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 12: Right to Freedom of Movement
ACHPR 12.1: Right to freedom of movement and residence within borders of State of legal residence
ACHPR 14: Right to Property
ACHPR 16: Right to Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 21.1: People's right to freely dispose of their wealth and natural resources
ACHPR 21.2: Right to the lawful recovery of property by dispossessed people
ACHPR 23: Right to National and International Security and Peace
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 3:2: Every individual shall be entitled to equal protection of the law.
ACHPR 4: Right to Life and Integrity
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 9.1: Right to Receive Information

Duration of Procedure

Jul 21, 2011 ~ Mar 7, 2023

Country Geolocation

Latitude: 12.862807

Longitude: 30.217636

Country Geolocation (linked ACHPR Decision): Sudan

Primary Documents

Sudanese Civilians in South Kordofan and Blue Nile v Sudan.pdf
English
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African Human Rights CLA 2.0

Select target paragraph3

Communication 402/11 & 420/12 - Sudanese Civilians in South Kordofan and Blue Nile (represented by Sudan Democracy First Group, REDRESS, Human Rights v. Sudan

Primary Documents

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