Suspension of an NGO’s activities / Harassment - SDN 002 / 0306 / OBS 030

16/03/2006
Urgent Appeal

The Observatory has been informed by the Sudan Organisation Against Torture (SOAT) about the forced suspension of the activities of the Sudan Social Development Organisation (SUDO) in West Darfur.

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 March 11, 2006, the Humanitarian Aid Commission (HAC), the Government agency that oversees all humanitarian organisations in Sudan, issued a formal notice to SUDO directors in Zallingei and Geneina, ordering the suspension of all activities within the West Darfur province.

The forced suspension of SUDO activities in West Darfur follows controversial changes to legislation affecting NGOs, passed under the "Organisation of Humanitarian and Voluntary Work Act"" by parliamentary majority on February 20, 2006 (See Joint Press Release issued by the Observatory and SOAT on March 7, 2006)[1].

In a separate letter dated March 11, 2006, the HAC made reference to the new legislation and further instructions for the suspension of activities and seizure of assets were outlined. The directors of the offices of SUDO in Zallingei and Geneina were ordered to hand over all the assets of the organisation including cars and two motorcycles; close down the health centre, nutrition centre and food distribution unit; hand over the keys and all stationeries belonging to the organisation and produce a full report on the income and expenditure of the organisation.

The HAC also reportedly 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.

The Observatory recalls that the office of SUDO in Zallingei was previously closed in January 2006 but was reopened following negotiations and the intervention of the Minister of Humanitarian Affairs.

The Observatory is seriously concerned about the government obstruction and intervention in the activities of SUDO, especially as this is the first time that the new "Organisation of Humanitarian and Voluntary Work Act" (2006) has been invoked since it was passed by Parliament, and urges the authorities to put an end to any kind of harassment against SUDO in West Darfur.

Action requested:

Please write to the authorities of Sudan urging them to:

i. put an end to any kind of harassment against the Sudan Social Development Organisation (SUDO), repeal the HAC order to suspend its activities in West Darfur, and ensure that SUDO members in this region 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.

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

***

Geneva - Paris, March 16, 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] 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.

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