Obstacles to the freedom of association - SDN 003 / 0406 / OBS 051

19/04/2006
Urgent Appeal

The Observatory has been informed by the Sudan Organisation Against Torture (SOAT) that the Humanitarian Aid Commission (HAC) decided to freeze the assets of the organisation Women Awareness Raising Group - Red Sea (AWOON - Red Sea), a women activists’ organisation that provides legal assistance and legal advice for women in Port Sudan.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Sudan.

Brief description of the situation:

According to the information received, on April 11, 2006, the HAC, the governmental agency regulating both national and international voluntary organisations in Sudan, including human rights and humanitarian NGOs, addressed a formal letter to AWOON - Red Sea, notifying the organisation of the freezing of all its assets until further notice. The letter stated that the activities of AWOON - Red Sea were violating the 1998 Humanitarian Aid Commission Act, after the organisation had submitted a funding proposal to the European Commission, without first seeking the authorisation of the HAC.

The Observatory recalls that on March 11, 2006, the HAC had already issued a formal notice to the directors of the Sudan Social Development Organisation (SUDO) in Zallingei and Geneina, ordering the suspension of all activities within the West Darfur province, the closure of all stationeries belonging to the organisation and to produce a full report on its income and expenditure. In a separate letter dated March 11, 2006, the HAC had made reference to the new "Organisation of Humanitarian and Voluntary Work Act"[1], and further instructions for the suspension of activities and seizure of assets were outlined. The HAC had also sent a letter to the Agricultural Bank on March 11, 2006 ordering the bank to close SUDO’s West Darfur office (Zallingei) account and cease all transactions from March 13, 2006 (See Observatory Urgent Appeal SDN 002/0306/OBS 030, date March 16, 2006).

The Observatory is seriously concerned about the government obstruction and intervention in the activities of AWOON - Red Sea, and urges the authorities to put an end to any kind of harassment against the organisation.


Action requested:

Please write to the authorities of Sudan urging them to:

i. put an end to any kind of harassment against the Women Awareness Raising Group - Red Sea, repeal the HAC order to froze its assets, and ensure that its members be able to operate freely without any hindrances, with full access to their financial accounts;

ii. repeal the "Organisation of Humanitarian Work Act, 2006", in order to conform with international and regional law;

iii. conform with the provisions of the Declaration on Humans Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular article 1, which states that "everyone has the right, individually or in association with others, to promote the protection and realisation of human rights and fundamental freedoms at the national and international levels"; article 12.2 which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";

iv. more generally, ensure in all circumstances respect for human rights and fundamental freedoms in Sudan in accordance with international human rights standards.

Addresses:

· His Excellency Lieutenant General Omar Hassan al-Bashir, President of the Republic of Sudan, Presidential Palace, PO Box 281, Khartoum, Sudan, Fax: +249 183 783 223

· Mr. Al Zubeir Beshir Taha, Minister of Interior, PO Box 873, Khartoum, Sudan, Fax: + 249 183 779383

· Mr. Mustafa Lam Akol Ajawin, Minister of Foreign Affairs, Ministry of Foreign Affairs, PO Box 873, Khartoum, Sudan, fax : + 249 183 779 383

· Dr. Abdelmuneim Osman Mohamed Taha, Rapporteur, Advisory Council for Human Rights, PO Box 302, Khartoum (Sudan), Fax No.: + 249 183 77 08 83

· His Excellency Salva Kiir Mayardit, First Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 183 771025

· His Excellency Ali Osman Mohamed Taha, Vice-President, People’s Palace, PO Box 281, Khartoum, Sudan, Fax: + 249 183 771025

· Dr. Abdelmuneim Osman Mohamed Taha, Advisory Council for Human Rights, PO Box 302, Khartoum, Sudan, Fax: + 249 183 77088

· Mr. Ali Mohamed Osman Yassin, Minister of Justice and Attorney General, Ministry of Justice, Khartoum, Sudan, Fax: + 249 183 788 941

· His Excellence Ambassador Mr. Mohamed Elhassan Ahmed Elhaj, Permanent Mission of the Republic of Sudan to the United Nations in Geneva, Avenue Blanc 47, 1202 Geneva, PO Box 335, 1211 Geneva 19, Switzerland, Fax: +41 22 731 26 56, Email: mission.sudan@bluewin.ch; mission.sudan@ties.itu.int.

· Ambassador Mr. Ali Yousif Ahmed, Embassy of the Republic of Sudan in Brussels, 1 avenue F.D. Roosevelt, 1050 Brussels, Belgium, Fax: + 32 2 648 34 99, Email: sudanbx@yahoo.com

Please also write to diplomatic representations of the Republic of Sudan in your respective countries.

***

Geneva - Paris, April 19, 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] This new legislation was adopted by the Parliament on February 20, 2006, and will replace the 1998 Act when enacted. The Observatory has expressed serious concern about certain provisions in the new Act which introduced broad and vaguely defined control measures upon the activities of NGOs. The Act bestows wide powers upon the government-appointed Commissioner General and Registrar General for Humanitarian and Voluntary work, including the power to periodically review the activities of NGOs and refuse to re-register organisations. The Observatory fears that this vaguely defined legislation has given the authorities the opportunity to refuse to re-register some organisations using arbitrary criteria such as their criticism of the government’s policies or for highlighting human rights violations (See Joint Press Release issued by the Observatory and SOAT on March 7, 2006).

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