II. Summary

The government of Sudan is cracking down on human rights activists who engage and speak out on human rights and international justice in Sudan. Over the past several months, the National Intelligence and Security Services (NISS) have detained and ill-treated three high profile activists who have spoken out in support of international justice. Two of them were severely beaten while in custody. Other activists have been harassed and intimidated.

Meanwhile, the NISS is using sweeping powers granted under the 1999 National Security Forces Act (NSFA) to control the content of the country's media, and engage in direct pre-print censorship of newspapers. Combined with harassment of journalists and newspaper editors, this severely restricts journalists' ability to report on politically sensitive subjects, including the work of the International Criminal Court, the Darfur conflict, and human rights.

The Sudanese government's active repression of journalists and human rights defenders not only violates the human rights of those who are directly abused, it severely impedes freedom of expression and access to information throughout Sudan. This repression is particularly critical in light of the national elections scheduled for mid-2009-Sudan's first national elections in more than 20 years-and the ongoing International Criminal Court (ICC) investigation into crimes in Darfur. Severe limitations on freedom of expression and repression of media and human rights defenders will act as a huge barrier to the holding of free and fair elections. Human Rights Watch is concerned that the elections and the ICC investigation may be used by the Sudanese government as excuses to further intensify repression.

The majority National Congress Party (NCP) has a long history of trying to silence those who criticize it. While broadcast media, including radio and television, has been consistently subject to government controls, the 2005 Comprehensive Peace Agreement (CPA), which ended Sudan's 21-year civil war, briefly brought increased freedom for Sudanese print media. However, by 2006 the Sudanese government had returned to its pre-2005 policy of actively stifling debates and discussions in the print media on topics it deems "sensitive" and has placed further limitations on freedom of expression and the media.

This repression worsened considerably in February 2008, when many Sudanese newspapers accused the Sudanese government of supporting a failed coup attempt in neighboring Chad. The Sudanese government responded by resuming direct censorship of newspapers using a variety of measures. In particular, the NISS media unit began to review newspaper content and remove sensitive and critical articles before the NISS permitted the newspaper to publish. Journalists were also summoned to NISS offices and harassed. A number of newspapers were suspended.

Censorship further intensified following the May 10, 2008 attack on the Sudanese capital, Khartoum, by the Justice and Equality Movement (JEM)-a Darfur rebel group. The NISS media censors began to heavily censor newspaper reporting of the attack and on the subsequent government crackdown on suspected Darfur rebels and rebel supporters. The NISS similarly suppressed reporting on the Darfur conflict, on the May 2008 clashes between Sudan Armed Forces (SAF) and allied militias with the Sudan People's Liberation Army (SPLA) in the disputed border town of Abyei, and on forced displacement at the Merowe dam site in northern Sudan. The NISS has also heavily censored reporting on the ICC prosecutor's July 2008 request for an arrest warrant for Sudanese President al-Bashir on charges of war crimes, crimes against humanity, and genocide.

Human Rights Watch research has found that between January and November 2008 NISS officials visited certain newspapers daily to review final editions of papers, and removed or partly removed articles or commentaries that they regarded as sensitive or critical of the government. If the newspaper did not remove the articles, the media censors would not allow the newspaper to print. As a form of protest, newspapers initially left the censored articles blank, but they are no longer allowed to do so. Editors are now forced to replace the offending article with an alternative "acceptable" article. Often NISS media censors visited newspaper offices less than an hour before the paper went to press-at which point newspaper publishers, if censored, were unable to salvage the next day's edition of the newspaper, resulting in financial loss.

Sudanese authorities have also harassed journalists, sometimes arresting those who have written or published critical articles. Since February 2008 NISS have arrested and detained overnight at least three journalists for publishing critical articles. Journalists have also been arrested for protesting against government repression of freedom of speech; on November 17, 2008 Sudanese police arrested and detained more than 60 journalists after they staged a peaceful protest against censorship outside parliament. 

The NISS have also suspended and even closed newspapers. Since February 2008 TheCitizen,Ajrass Al Huriya, Al-Midan, and Ray Al-Sha'ab newspapers have all been suspended-the Citizen and Ajrass Al Huriya repeatedly-after publishing articles deemed sensitive or critical of the government. Al-Alwan newspaper has been closed altogether since it published an article that the NISS claimed posed a danger to national security in May 2008.

Government of Southern Sudan (GoSS) authorities have also abused and harassed journalists. GoSS officials twice arrested Nhial Bol, editor of The Citizen, after he published two articles which were critical of GoSS salaries.  Another journalist told Human Rights Watch that in July 2008 he had been harassed and even beaten by authorities for reporting on sensitive topics.

The Sudanese government relies on various legal provisions to justify this censorship, including the 2004 Press and Publications Act (PPA) which includes licensing and registration procedures for journalists and newspapers. The Sudanese government controls these procedures via the National Press Council, which is overseen by its Minister of Information and Communications. By using these laws not to regulate the media, but to control and restrict who can say what, Sudan is acting in violation of its obligations as a party to the International Covenant on Civil and Political Rights (ICCPR), which protects freedom of the press and freedom of expression. Indeed Sudan's own 2005 Interim National Constitution (INC) also includes provisions to protect free speech.

In addition, the Sudanese government should urgently revise the structure of the National Press Council (NPC) which is controlled by the government through the Minister of Information and Communications. The NPC is currently a tool for state control of the media, as it enjoys the power to grant licenses to domestic and foreign press and register journalists. It should instead be reconstituted as an independent body that can protect the media and journalists from illegitimate government interference, and that promotes diversity in and access to the media.

The international community has not taken any action to address violations of press freedom in Sudan. The United Nations, the African Union, and other governments and regional bodies with influence should, in the run-up to 2009 elections, put pressure on the Sudanese government to ensure full implementation of the 2005 National Interim Constitution and to amend the NSFA and the PPA to protect press freedoms. These governments and bodies should also take robust action against any future government of Sudan human rights violations, including the arbitrary arrest, detention, and torture of human rights activists who speak out in support of human rights or justice in Sudan.