Decision of the Commission on the Merits
282. For these reasons, the African Commission:
1. Finds a violation of Articles 1, 2, 3(2), 4,6, 7(1)(a), 12(1), 14, 16, 18, 19, 20, 21 and 23 of the African Charter.
2. Urges the Respondent State to guarantee all the rights found to have been violated in this communication in accordance with its obligation under Article 1 of the African Charter.
3. Grants the Complainants' request for the Commission to hear submissions from both parties on remedies and reparations and, therefore, requests the Complainants to forward their written submissions on remedies and reparations to the Commission within sixty (60) days of its receipt of notification of this decision, and the-Respondent State shall have sixty (60) days within which to submit its observations in response thereof.
4. Urges the Respondent State to set up an independent inquiry to carry out prompt, effective and impartial investigations into the circumstances of the abovementioned violations, and ensure that where sufficient evidence exists, the perpetrators are brought to justice and held accountable for any violations.
5. Recommends to the Respondent State to ratify the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003, in order to safeguard and ensure the protection of women from gender-based discrimination, violence against women and sexual violence in times of war and armed conflict. in line with its existing obligations under Articles 2 and 18(3) of the African Charter.
6. Recommends to the Respondent State to ratify the AU Convention for the Protection and Assistance of Internally Displaced Persons 2009 (Kampala Convention), in-order to prevent internal displacement and protect as well as assist internally displaced persons in Sudan.
7.Recommends to the Respondent State to adopt legislative, administrative, judicial and all other necessary measures to implement the Niamey Guidelines and to ensure that the rights and obligations therein are guaranteed in fact and in law, including during armed conflicts, crisis situations and states of emergency. This will include examining legislative and regulatory provisions and all other relevant provisions to ensure that they are compliant with the provisions of the Guidelines.
8. Calls on the Respondent State to:
a. immediately release all arbitrarily detained civilians and ensure that those detained on a lawful basis enjoy full due process rights;
b. urgently facilitate unimpeded access by humanitarian aid groups to deliver assistance to civilians in all parts of Southern Kordofan and Blue Nile;
c. allow full and effective access for international monitors. including human rights officers, to Southern Kordofan and Blue Nile states;
d. provide appropriate housing and basic needs to the displaced persons in accordance with the UN Guiding Principles on Internal Displacement and the AU .Convention for th~, protection and assistance of internally displaced persons in Africa;
e. ensure the safe return of the displaced persons to their communities after the unrest has ceased;
f. reform its nation~~legislation so that:
(i) the Respondent State provides for adequate and effective safeguards against abusive use of force as well as abuse of powers in the course of arrest and detention by government forces, law enforcement and security officials;
(ii) Recognize the right of the Nuba people to equality and non-discrimination pursuant to Article 19 of the African Charter and their right to existence as distinct category of minority people by virtue of Article 20 of the Charter, with full rights on their land and the use of the resources on their land in accordance with Article 21 of the Charter;
(iii) arbitrary or abusive use of force as well as violations committed in the course of arrest and detention procedures by government forces and law enforcement officials, including torture and ill treatment, enforced disappearances and rape, are effectively recognised as a criminal offence under the penal codes in Sudan;
(iv) the Respondent State provides for the criminal accountability of officials responsible for violations, including by removing the immunity that officials enjoy for such crimes under Sudanese legislation; and
v) the Respondent State ensures training in international human rights and international humanitarian law to law enforcement and military personnel and NISS agents.
9. Urges the Respondent State to report on the steps it has taken to implement these decisions in accordance with Rule 112 (2) of its Rules of Procedure, within one-hundred and eighty (180) days.
Done during the 74th Ordinary Session held virtually from 21 February to 7 March 2023.
