VI. Repression of the Media in Sudan

The media too has faced increasing harassment and repression in relation to commentary around justice and the work of the ICC, but also regarding reporting on a wide range of issues that the government deems sensitive.

Currently, more than 30 local Sudanese newspapers are available at the news stands in Sudan. However, despite the number of newspapers available, the scope of information available to people in Sudan is more and more restricted as discussions and debates about political developments or other matters of significant public interest are curtailed through harsh limitations.

Censorship takes a variety of forms. The National Intelligence and Security Services (NISS) actively engages in hands-on vetting of articles, and has also suspended and even closed newspapers. They have also summoned for questioning or detained a number of journalists.[6]

Pre-Print Censorship

Between May and November 2008, NISS media censors removed or partially removed more than 200 articles from a variety of newspapers on issues that the government of Sudan deems sensitive or critical.[7]

A journalist told Human Rights Watch about the challenges that the Sudanese press face on a daily basis:

The NISS sends different officers in rotation every night so we don't build a relationship with them. They usually come around 9 or 10 p.m. and sometimes even later… Occasionally, they come [to the newspaper offices] so late, and if they remove any items in lead articles, or even whole articles, we just can't issue the newspaper because it's too late to come up anything else. Before they come [to the newspaper offices] we have to prepare a full print-out of the newspaper for them to review-which can take them about 1-2 hours to look through. We try to negotiate for some of the articles to be allowed to be published, especially if it means it will be difficult to issue the newspaper. As backup, we try to have additional articles available in case they remove too many. For example, many of the journalists will have a second article written, in case the [original] submitted is regarded as too controversial for the censors. It's an everyday battle.[8]

The increase in pre-print censorship began in February 2008. On February 14, 2008 NISS stopped the publication of Rai al-Shaab after the newspaper tried to publish an article accusing the Sudanese government of backing the Chadian rebels who launched a coup attempt on the Chadian capital, N'Djamena, on February 2-3, 2008.[9]

Following the May 10, 2008 rebel attack on Khartoum and the ensuing crackdown on perceived rebel supporters, several newspapers were forced to remove any articles that raised concerns about reports of enforced disappearances and torture by the Sudanese government that took place following the attack.[10]

Government authorities also prevented several newspapers from fully covering a May 23, 2008 press conference by the Sudan People's Liberation Movement (SPLM) regarding deadly clashes in the contested border area of Abyei that took place in May 2008. Ajrass Al Huria, Al- Sahafa, and Al Ayam, amongst other daily newspapers, were not allowed to publish details about the press conference.[11] The NISS also censored coverage in at least four newspapers of a press conference held on May 25, 2008 by the United Nation Mission to Sudan (UNMIS) regarding the security and humanitarian situation in Abyei.[12]

On May 24, 2008 a group of lawyers and activists representing persons affected by the May 10 attack, including the families of those who have been "disappeared," held a press conference. NISS censors removed articles covering the press conference from at least four newspapers, including an article by the host of the conference, Ajrass Al-Huria newspaper.[13]

On June 18, 2008, trials in the Anti-terrorism Special Courts started in Khartoum, Khartoum North, and Omdurman, to try individuals accused of participating in the May 10 JEM attack.[14] The trials led to the sentencing of 50 individuals to death-their appeals have not yet been heard. Government censorship of coverage of these trials was intense; between June 20 and July 30, the NISS censors removed at least 18 articles that were critical of how the trials were conducted.[15]

The government also censors discussions on legal reforms. On May 26, 2008 NISS censors blocked articles covering a statement by one of the main opposition blocks, the National Democratic Alliance, demanding amendments of all laws that are in contradiction to the 2005 Interim Constitution.[16]

Discussions seen as supportive of the ICC have also been largely silenced by the NISS censors. A journalist told Human Rights Watch:

We don't dare to write articles that support the ICC-the government is just too sensitive to it. Even if we try to put a [sentence] about the ICC, the [sensors] will just remove it…[17]

Articles or opinion pieces on other human rights issues, including those widely reported on by international human rights organizations, are also subject to censorship. On July 26, 2008 a column by Abdelmoneim Ajak in Ajrass Al Huria newspaper, discussing Human Rights Watch's report, "Five Years On: No Justice for Sexual Violence in Darfur" was removed by censors.[18] The NISS also censored coverage of a press release by Human Rights Watch, on government-backed militia attacks in more than a dozen villages in operations against rebel forces near Muhajariya, South Darfur, between October 5 and 17, 2008, in which more than 40 civilians were killed, from at least two daily Sudanese newspapers on October 27.[19]

In the early hours of the morning on August 25, 2008, Sudanese police and national security forces conducted what they described as a weapons search and seizure operation at Kalma Internally Displaced People's (IDP) camp in South Darfur. During the operation, more than 30 persons were killed and scores more injured, the majority of them women and children. Details of the attack on Kalma IDP camp were covered widely in the international media, but were stifled in Sudan. On August 27, 2008, NISS censors removed more than seven articles reporting on the attack.[20]

On October 16, 2008 President al-Bashir launched the "Sudan Peoples' Initiative." The initiative was set up to bring different groups and parties in Sudan together to consult on ways to bring peace to Darfur.[21] Some of the political opposition parties are taking part in the consultation, but the initiative is being boycotted by rebel groups and most of the Sudanese opposition parties. Many Sudanese newspapers have taken an editorial line that is critical of the initiative, and on the day the initiative was launched, censors removed more than 16 critical articles.[22]

In 2008 in northern Sudan the government moved forward with the construction of two major dams in Merowe (also known as Hamadab) and Kajbar. As the Merowe dam is expected to displace more than 50,000 people, and the Kajbar more than 10,000, the projects have caused controversy and public concern, provoking  protests from local communities and environmental and human rights campaigners. Since July 2008 several areas were reported to have flooded, leading to displacements amongst the local communities in the Merowe dam area. However, NISS have censored any reporting on the situation at Merowe dam or denied any access to the area by the media. On October 30, 2008, three United Nations Mission to Sudan (UNMIS) human rights officers went to investigate reports that there had been displacement from some of the villages near the Merowe dam site. When they arrived, they were ordered to leave the area and were escorted away by police.[23]

Crackdown on the media has extended to the internet. From July 22 to mid October 2008, the authorities blocked access to the YouTube website.[24] Other blocked sites include a website with stories and novels by a Sudanese author, Muhsin Khalid, whose writings are seen as critical of the government.

Suspension, Closure, and Other Reprisals

Criticism of Sudanese President Omer Hassan al-Bashir or commentary on other sensitive issues can lead to the imposition of severe penalties on newspapers. Newspapers which cross the "red line"[25] are likely to face reprisal from the government.

On January 7, 2008 The Citizen-an English daily newspaper-was suspended by the NISS for two days after it published an article criticizing Sudan's President.[26]

On May 14, 2008 NISS officials raided the offices of Al-Alwan newspaper, closing the offices and confiscating their equipment. This followed the publication of an article that the NISS claimed was sensitive and posed a danger to national security. The article related to the disappearance of a MiG-29 fighter plane, along with its Russian pilot, during the May 10 JEM attack on Khartoum.[27]Al-Alwan newspaper remains closed.

The Arabic-language daily Ajrass Al Huriya has been prevented from publishing on at least five occasions since May 2008. On May 16 NISS forced the newspaper to suspend publication for one day. On June 19, Ajrass Al Huriya's editors initiated a four-day publishing strike in protest over NISS direct pre-print censorship-resuming publication on June 24.

The Citizen was again temporarily suspended in August when the National Press Council (NPC) failed to renew its license for more than a month. Then on September 1, 2008 the NPC suspended both the Sudan Tribune and The Citizen for several days. According to the NPC, the suspensions were because both had failed to submit copies of their papers to the (government-controlled) NPC each day before going to press.[28]

In protest against the ongoing censorship by the Sudanese authorities, more than 150 journalists launched a 24-hour hunger strike on November 4, 2008 and three newspapers- Ajrass Al-Huria, Al-Midan and Ray Al-Sha'ab Arabic dailies-suspended publication for three days.[29] In response to the strike, the NISS prevented Ajrass Al-Huria and Ray Al-Sha'ab newspapers from publishing on November 8, 2008.[30]

Arrest, Detention, and Harassment of Journalists

Journalists have also been summoned for questioning and detained for writing critical articles. On February 18, 2008 the NISS detained Sid Ahmed Khalifa, editor in chief of Al-Watan, and editor in chief of Al-Ahdath, Adil al-Baz, and questioned them regarding articles published by their newspapers about changes in ranks amongst senior officials in the police force. Both were released the following day.[31]

On May 18 the NISS detained a journalist after he published articles written for Ajrass Al Huria newspaper on a popular Sudanese website, Sudanese Online.[32] NISS media censors had previously removed the articles from the newspaper, which included articles on the May 10 crackdown, the situation in Darfur, and other articles which cross the "red line." NISS officials extensively questioned the journalist and he was forced to sign numerous papers stating he would not carry out these types of activities again. He was released the following day without charge.[33]

Government authorities have also arrested Sudanese journalists for protesting against government attacks on the freedom of the press. On November 17 Sudanese police detained more than 60 journalists after they staged a peaceful protest against censorship outside parliament. When they refused to disperse, police ordered them into a truck and drove them to a police station in Omdurman. They were released after three hours but told to appear in court the next day.[34]

Arrests, Detention, and Harassment by the Government of Southern Sudan

The authorities in Khartoum are not the only party responsible for such acts. As new legislation has yet to be enacted in Southern Sudan, the semi-autonomous Government of Southern Sudan (GoSS) reverts to the laws currently in place in the north, even though they are not compliant with the Sudan's Interim National Constitution (INC). GoSS has applied the 2004 Press and Publications Act and used the Penal Code to punish journalists who publish articles on sensitive subjects such as corruption. GoSS authorities arrested Nhial Bol, editor of The Citizen, in July and again in October 2008 after he published two articles which were critical of the salary scales in the GoSS Ministry of Legal and Constitutional Affairs.[35]On the second occasion Bol was charged with "disseminating false information," and held for two days before being released on October 12. The charges against him were dropped.

Manyang Mayom, a journalist working in Southern Sudan for Gurtong and the Sudan Tribune newspapers, also told Human Rights Watch he had been harassed by authorities for reporting on sensitive topics. On July 20, 2008 while investigating an allegation that a state governor was selling guns supposedly collected in disarmament campaigns, Mayom was picked up by Sudan People's Liberation Army (SPLA) soldiers in four pick-up trucks. Two of the soldiers beat him so badly with their guns that he had to be transferred to Khartoum for hospital treatment. He also reported harassment and violent intimidation following articles he had written about police and the SPLA in Rumbek cracking down on women wearing trousers and riding bicycles, and about the detention and torture of youths in military prison.

There are currently draft bills pending before the Southern Sudan Legislative Assembly that would help regulate the media and protect freedom of expression, including 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, which seek to implement the terms of the Southern Sudan Interim Constitution in relation to freedom of expression.[36] The Sudan People's Liberation Movement (SPLM), the majority party in GoSS, is part of the Government of National Unity but has decided to remove its officers from the NISS media unit, reportedly because it sees the activities of the unit as inconsistent with the INC.[37]