February 18, 2009

III. Recommendations

To the Government of Sudan

  • End direct pre-print censorship of newspapers and allow full and open reporting of and comment on issues of pressing public interest, such as political affairs, in Sudan.
  • End harassment and abuse, including arbitrary arrest, detention, and mistreatment, of human rights activists or other individuals who engage in public discourse or speak out on issues of human rights, rule of law or justice in Sudan, and publicly commit to respect the right of such individuals to speak publicly and freely.
  • Issue clear public orders to government officials, security forces, and their agents to cease obstruction, harassment, arbitrary detention, or other mistreatment of journalists or human rights activists; conduct a full investigation into incidents of harassment, detention, and other mistreatment of journalists and human rights activists in the past.
  • Abolish legal ambiguities in the 2004 Press and Publications Act that threaten the freedom of journalists, including the ban on reporting on topics regarded as sensitive to or critical of the government, and bring all laws into conformity with Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and the 2005 Interim National Constitution (INC).
  • End use of the 1991 Penal Code and the 1999 National Security Forces Act to target the print media and allow full freedom of expression in accordance with international human rights standards.
  • Revise the structure of the National Press Council (NPC) to establish it 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.

To the Government of Southern Sudan

  • Issue orders to all authorities at Juba and at state level to cease all harassment and abuse of journalists.
  • Urgently enact the Right to Information Bill, the Independent Broadcasting Authority Bill, the South Sudan Broadcasting Corporation Bill, and the Ministry of Information and Broadcasting Organizational Bill.

To the United Nations, African Union, European Union, League of Arab States, and Member Governments

  • Publicly press the Sudanese government to cease direct pre-print censorship and urgently reform laws and institutions to bring them into compliance with Sudan's obligations under the ICCPR and the INC in relation to freedom of expression; provide technical assistance and support to such efforts.
  • Publicly call on the Sudanese government to cease all harassment and abuse of human rights activists or other individuals who speak out in support of human rights, rule of law, or justice in Sudan.
  • Monitor and respond immediately to any future threats or abuses by Sudanese authorities against journalists and activists. When Sudanese officials summon or detain such individuals call on the Sudanese government to provide reasons for such summons or detention, to account at all times for the whereabouts and wellbeing of those detained, and to charge or release them within a reasonable time.

To the African Commission on Human and People's Rights, the Human Rights Council, and the UN Special Rapporteur on Freedom of Opinion and Expression

  • Seek an invitation from the Sudanese government to visit the country and assess media laws and freedom of expression in advance of the 2009 national elections.