Sudan’s civilian-led transitional government, installed in August 2019, is led by Prime Minister Abdalla Hamdok, who heads the Council of Ministers. There is also a Sovereign Council led by Abdel Fatah al-Burhan, who is one of the five military members, as well as six civilians. The Transitional Legislative Council had not been formed as of year’s end. Under the constitutional declaration signed in August 2019, general elections were scheduled for 2022, but following the signing of the Juba Peace Agreement on October 3, they were postponed to 2024.
Under the civilian-led transitional government, responsibility for internal security resides with the Ministry of Interior, which oversees police agencies as well as the Ministry of Defense and the General Intelligence Service. Ministry of Interior police agencies include the security police, special forces police, traffic police, and the combat-trained Central Reserve Police. There is a police presence throughout the country. The General Intelligence Service’s mandate changed from protecting national security and during the year was limited to gathering, analyzing, and submitting information to other security services. The Ministry of Defense has a mandate to oversee all elements of the Sudanese Armed Forces, including the Rapid Support Forces, Border Guards, and defense and military intelligence units. During the year the police infrastructure was largely moved under executive authority to assure it would adhere to its mandate to protect individuals and enforce the laws. Civilian authorities’ control of security forces continued to improve. Nevertheless, members of the security forces committed some abuses.
Throughout the year the civilian-led transitional government continued its legal reform process. This included repealing the public order act and amending the criminal acts to outlaw female genital mutilation, remove capital punishment for conviction of sodomy, and increase freedoms for religious minorities, including repealing apostasy laws. The civilian-led transitional government and various armed rebel groups continued peace negotiations and signed a peace agreement on October 3 that sought to end decades of internal conflict.
Significant human rights abuses included: reports of unlawful or arbitrary killings, and cases of cruel, inhuman and degrading treatment by reportedly rogue elements of the security apparatus, especially in conflict zones; harsh and life-threatening prison conditions; serious problems with politicization of the judiciary by holdovers from the previous regime, prompting mass dismissals by the civilian-led transitional government; serious abuses in internal conflicts, including killings, abductions, torture and use of child soldiers by rebel groups; lack of investigation of and accountability for violence against women; trafficking in persons; criminalization of consensual same-sex conduct; and child labor.
The civilian-led transitional government continued its investigation into security force abuses that occurred throughout the 2019 revolution, including the violent dispersal of a peaceful sit-in in June 2019 in Khartoum, and the beating and sexual assault of others. As of year’s end, the investigative committee had not publicly submitted its findings. The Ministry of Justice also began investigations and trials for members of the deposed regime for alleged human rights abuses. The prime minister stated more than 35 committees were actively conducting investigations.
In Darfur and the Two Areas, paramilitary forces and rebel groups continued sporadically to commit killings, rape, and torture of civilians. Local militias maintained substantial influence due to widespread impunity. There were reports militias looted, raped, and killed civilians. Intercommunal violence originating from land-tenure disputes and resource scarcity continued to result in civilian deaths, particularly in East, South, and North Darfur. There were also human rights abuses reported in Abyei, a region claimed by both Sudan and South Sudan, generally stemming from local conflict over cattle and land between the Ngok Dinka and Misseriya indigenous groups. Reports were difficult to verify due to access challenges. In Darfur weak rule of law persisted, and banditry, criminality, and intercommunal violence were the main causes of insecurity.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: Rape and sexual harassment are criminal offenses, and a rape victim may not be prosecuted for adultery. Marital rape is not recognized. Domestic violence is a crime.
There remain no reliable statistics on the prevalence of rape and domestic violence in the country. The UN independent expert on the human rights situation in Sudan and UNAMID’s Human Rights Section reported they received regular reports of incidents of rape and sexual and gender-based violence (see section 1.g.). Monitoring groups reported the incidence of rape and sexual assault increased as the economic situation worsened during the year. Intercommunal violence also increased. Human rights organizations cited substantial barriers to reporting sexual and gender-based violence, including cultural norms, police reluctance to investigate, and the widespread impunity of perpetrators.
Female Genital Mutilation/Cutting (FGM/C): FGM/C remained a problem, and the procedure continued to be used on women and girls throughout the country. In July the CLTG formally criminalized FGM/C. The law provides a penalty of three years’ imprisonment for anyone convicted of practicing FGM/C. In November media reported the first legal action taken against a mother and midwife in Omdurman for practicing FGM/C. Both individuals were released on bail and were awaiting trial as of mid-December.
According to UNICEF and UNFPA, the prevalence rate of FGM/C experienced by girls and women between ages 15 and 49 was 87 percent. Prevalence varied geographically and depended on the local ethnic group.
Sexual Harassment: The law criminalizes sexual harassment and provides a penalty not to exceed three years’ imprisonment if convicted. Government officials have not enforced sexual harassment law effectively. There were no specific data available on the prevalence of sexual harassment throughout the country.
Reproductive Rights: Couples were generally able to decide the number, spacing, and timing of their children and manage their reproductive health. They had access to the means and information to do so, free from discrimination, coercion, or violence. Some communities lacked awareness of reproductive rights. In addition, women living in rural areas did not always have access to contraceptives, skilled medical attendance during childbirth, and obstetric and postpartum care.
The UN Population Fund (UNFPA) estimated that 10 percent of girls and women between the ages of 15 and 49 used a modern method of contraception during the year.
In 2017 the UNFPA estimated that the maternal mortality rate was 295 deaths per 100,000 live births and that skilled health-care personnel attended 78 percent of births.
The high maternal mortality rate stemmed in large part from a patriarchal system that limited women’s reproductive choices; early child marriages; lack of access to reproductive health and emergency obstetric care, particularly in rural areas; lack of access to family planning services; poor sanitation; lack of transportation in rural areas; and poor public health structures in the rural areas where the population experienced chronic undernourishment, malaria, hemorrhagic fevers, and anemia.
The Ministry of Health provided access to sexual and reproductive health services for survivors of sexual violence in conflict areas. The ministry also provided preventative treatment for sexually transmitted infections and emergency contraceptives, depending on the public health infrastructure and availability of medications. In July the civilian-led transitional government ratified legislation that criminalized female genital mutilation/cutting (FGM/C). Despite the law, FGM/C remained a problem and resulted in prolonged labor and hemorrhage.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law, including many traditional legal practices and certain provisions of Islamic jurisprudence, continued to discriminate against women. In accordance with common Islamic judicial interpretation, a Muslim widow inherits one-eighth of her husband’s estate; of the remaining seven-eighths, two-thirds goes to the sons and one-third to the daughters. In certain probate trials, a woman’s testimony is not considered equal to a man’s; the testimony of two women is required. In other civil trials, the testimony of a woman equals that of a man.
By law a Muslim man may marry a Jewish or Christian woman. A Muslim woman may not marry a non-Muslim man and may be charged with adultery if she does so. Although the CLTG abolished the previous discriminatory Public Order Law, there were unconfirmed reports individual officers still applied it ad-hoc.
In July the government amended the personal law act to allow women to travel abroad with their children without a male family member’s permission (see section 7.d.).
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
Law and regulations prohibit discrimination based on race, sex, gender, disability, tribe, and language, but they were not consistently enforced. There were legal restrictions on women in employment including limitations on working hours, occupations, and tasks. The constitutional declaration provides legal protection from discrimination based on sexual orientation or gender identity, HIV or other communicable disease status, political opinion, social or national origin, age, social status, religion, or ethnicity. Employers determined whether or not they would accommodate religious or ethnic practices. For example, employers adopted Islamic practices, including reduced working hours during the month of Ramadan and paid leave to perform the Hajj pilgrimage. Labor laws apply to migrant workers with legal contracts, but foreign workers who do not have legal status are not provided legal protections from abuse and exploitation.
The CLTG does not effectively enforce antidiscrimination laws and regulations in the workplace; penalties in the form of fines were rarely imposed and were insufficient to deter violations. Penalties were not commensurate with those for similar violations. Discrimination occurred in employment and occupation based on gender, religion, and ethnic, tribal, or party affiliation. Ethnic minorities reported that government hiring practices discriminated against them in favor of “riverine” Arabs from northern Sudan. Ethiopians, Eritreans, and other refugees or migrants were often exposed to exploitative work conditions.
There were reports some female refugees and migrants working as domestic workers or tea sellers were not compensated for their work, required to pay “kettle taxes” to police, sexually exploited, or trafficked. Female tea sellers also reported harassment and confiscation by police of their belongings. Observers reported, however, such harassment largely stopped under the CLTG, although challenges persisted.
Migrant workers and some ethnic minorities were unaware of their legal rights, suffered from discrimination, and lacked ready access to judicial remedies. The International Organization of Migration (IOM) established migrants’ reception centers in Khartoum in 2015 and Gedaref in 2019 that conducted workshops on workers’ rights and the hazards of migration. The state government allocated the land and building to the IOM.