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South Sudan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although prohibited under law, security forces mutilated, tortured, beat, and harassed political opponents, journalists, and human rights workers (see sections 2.a. and 5). Government and opposition forces, armed militia groups affiliated with both, and warring ethnic groups committed torture and abuses in conflict zones (see section 1.g.).

According to the UN Security Council Panel of Experts and several independent human rights advocates, the NSS Operations Division maintained a facility known as “Riverside” where it detained, interrogated, and sometimes tortured civilians. In addition the Panel of Experts reported that several detainees died as a result of torture or from other conditions at the facility. The Panel of Experts also alleged the existence of secret, unofficial detention centers operated by the NSS. The Panel of Experts reported allegations of torture, including electrical shocks, and beatings in these sites.

There were numerous additional reported abuses at NSS-run sites, including sexual and gender-based violence, beating and torture of detainees, and harassment and intimidation of human rights defenders and humanitarian workers. In July, Peter Biar Ajak, a prominent political activist and former detainee, claimed that detainees in NSS facilities were subject to sexual abuse, including forced sodomy.

Impunity of the security services was a serious problem. Although the NSS created an internal disciplinary tribunal to conduct internal investigations of alleged abuses by its officers, the results of such investigations and any disciplinary actions taken were not made public. The army and police also launched investigations into misconduct, including a court-martial of more than 20 soldiers accused of a variety of crimes against civilians in and around Yei, Central Equatoria. Investigations into security-sector abuse continued to focus on low-level offenders, avoided delving into command responsibility for abuses, and generally did not refer offenders to civilian courts for trial.

Prison and Detention Center Conditions

Prison conditions were harsh and life threatening. Overcrowding and inadequate medical care at times resulted in illness and death. While some prisons employed doctors, medical care was rudimentary, and prison physicians often had inadequate training and supplies. There were reports of abuse by prison guards.

Physical Conditions: Men and women were generally held in separate areas, but male and female inmates often mixed freely during the day due to space constraints. Due to overcrowding, authorities did not always hold juveniles separately from adults and rarely separated pretrial detainees from convicted prisoners. Children, especially infants, often lived with their mothers in prison.

Nonviolent offenders were kept with violent offenders because of resource and spatial constraints. There were no special facilities for the persons with mental disabilities, and persons determined by a judge to be sufficiently dangerous (and “mentally ill”) following referral by family or the community, were incarcerated, medicated, and remained in detention until a medical evaluation determined they were no longer a threat and could be released.

Health care and sanitation were inadequate, and basic medical supplies and equipment were lacking. According to NGOs, prisoners received one meal per day of low nutritional value and relied on family or friends for additional food. Potable water was limited. In some locations prisoners slept in overcrowded open hallways and buildings lined with bunk beds. In December 2019 the national prison administration reported it held more than 7,000 detainees. There were no data on the capacity of prison facilities, although in 2015 Juba prison held 1,317 detainees in a facility constructed for 400 persons. Ventilation and lighting were inadequate.

Malnutrition and lack of medical care contributed to inmate deaths, although no statistics were available. Remedial actions by prison authorities were not reported.

Some detention centers were under the control of local tribal or state authorities, and conditions were uniformly harsh and life threatening. Many facilities in rural areas consisted of uncovered spaces where authorities chained detainees to a wall, fence, or tree, often unsheltered from the sun. As with state-run prisons, sanitary and medical facilities were poor or nonexistent, and potable water was limited. Detainees sometimes spent days outdoors but slept inside in areas that lacked adequate ventilation and lighting.

Conditions in South Sudan People’s Defense Force (SSPDF)-run detention facilities were similar, and in some cases worse, with many detainees held outdoors with poor access to sanitary or medical facilities.

The United Nations Mission in South Sudan (UNMISS) maintained facilities at Protection of Civilian (PoC) sites in Juba, Malakal, Bentiu, and Bor to hold internally displaced persons (IDPs) who were criminal suspects. Authorities did not intend the holding facilities to house IDPs for more than 72 hours, but they sometimes held IDP suspects longer due to delays in determining how to treat individual cases, or due to the inability to reintroduce offenders into PoC sites because of threats from their victims, or due to the threat the offender posed to the greater community. UNMISS observed prisoners daily and offered medical treatment for serious complications. Prisoners received food twice a day. Some prisoners detained by UNMISS police were subsequently turned over to the custody of the government.

The NSS operated a detention facility in Juba that held civilian prisoners (see section 1.d.).

Administration: The SSNPS allowed prisoners to submit complaints to judicial authorities without censorship and to request investigation of allegations of inhuman conditions. Prison authorities sometimes investigated such allegations, although they seldom acted on complaints. The SSNPS allowed most prisoners access to visitors and permitted them to take part in religious observances, but NSS and SSPDF authorities were less likely to do so, and prisoners in SSNPS custody but originally arrested by the NSS or SSPDF also had limited access to visitors.

Independent Monitoring: The SSNPS permitted visits by independent human rights observers, including UNMISS human rights officers, nongovernmental observers, international organizations, and journalists. Authorities sometimes permitted monitors to visit detention facilities operated by the SSPDF. International monitors were denied permission to visit facilities operated by the NSS, which held both military prisoners and civilians without legal authority.

d. Arbitrary Arrest or Detention

The transitional constitution prohibits arbitrary arrest and detention without charge. The government, however, arrested and detained individuals arbitrarily. The law provides for the right of any person to challenge the lawfulness of his or her arrest or detention, but there were no known cases where an appellant successfully sought compensation for wrongful detention.

Since the beginning of the crisis in 2013, there were regular reports that security forces conducted arbitrary arrests, including of journalists, civil society actors, and supposed political opponents. While not legally vested with the authority, the SSPDF often arrested or detained civilians. The NSS also routinely detained civilians without warrants or court orders and held detainees for long periods without charge or access to legal counsel or visitors. Security services rarely reported such arrests to police, other civilian authorities, or, in the case of foreigners arrested, diplomatic missions. NSS detainees were rarely brought before a court to be charged. Police also routinely arrested civilians based on little or no evidence prior to conducting investigations and often held them for weeks or months without charge or trial.

Arrest Procedures and Treatment of Detainees

While the law requires police to take arrested persons before a public prosecutor, magistrate, or court within 24 hours, there were no public prosecutors or magistrates available below the county level in most areas. Court dockets often were overwhelmed, and cases faced long delays before coming before a judge. Police may detain individuals for 24 hours without charge. A public prosecutor may authorize an extension of up to one week, and a magistrate may authorize extensions of up to two weeks. Authorities did not always inform detainees of charges against them and regularly held them past the statutory limit without explanation. Police sometimes ignored court orders to take arrested persons before the court. Police, prosecutors, defense lawyers, and judges were often unaware of the statutory requirement that detainees appear before a judge as quickly as possible. Police commonly conducted arrests without warrants, and warrants were often irregular, handwritten documents. Warrants were commonly drafted in the absence of investigation or evidence. There were multiple reports of arrests in civil cases, where a complainant exerted influence upon police to arrest someone as a negotiation tactic. The government routinely failed to notify embassies when detaining citizens of other countries, even when the detainee requested a consular visit.

The law allows bail, but this provision was widely unknown or ignored by authorities, and they rarely informed detainees of this possibility. Because pretrial appearances before judges often were delayed far past statutory limits, authorities rarely had the opportunity to adjudicate bail requests before trial. Those arrested had a right to an attorney, but the country had few lawyers, and detainees were rarely informed of this right. The transitional constitution mandates access to legal representation without charge for the indigent, but defendants rarely received legal assistance if they did not pay for it. Authorities sometimes held detainees incommunicado.

Arbitrary Arrest: Security forces arbitrarily arrested opposition leaders, civil society activists, businesspersons, journalists, and other civilians due to ethnicity or possible affiliation with opposition forces. The SSPDF and NSS often abused political opponents and others they detained without charge. Ignorance of the law and proper procedures also led to many arbitrary detentions. Many justice-sector actors, including police and judges, operated under a victim-centric approach that prioritized restitution and satisfaction for victims of crime, rather than following legal procedure. This approach led to many arbitrary arrests of citizens who were simply in the vicinity when crimes occurred, were of a certain ethnicity, or were relatives of suspects. For example, there were numerous reports women were detained when their husbands, accused of having unpaid debts, could not be located.

There were numerous reported arbitrary arrests or detentions. On March 9, James Dhieu Mading, the former commissioner of Rumbek East County, in Lakes State, was arrested for denouncing illegal checkpoints and corruption in the county. James later filed a suit against a local military commander after his arbitrary detention. He was detained again for seeking legal redress and speaking to media regarding his ordeal. He was sentenced to one month’s jail time and a monetary fine.

On March 29, the NSS detained activist Kanybil Noon without filing formal charges. The NSS reportedly denied him access to a lawyer until September 9, more than 100 days after his arrest. On September 22, Noon was released after nearly six months in detention.

On June 13, the NSS detained transparency activist Moses Monday for 12 days without charge. The NSS detained Monday after his accountability and transparency organization erected billboards around Juba demanding “Gurush Wen?” a Juba Arabic phrase that means, “Where is the money?” The NSS removed the billboards and detained Monday, claiming his organization did not have the proper authorization paperwork, notwithstanding the fact that the city council had approved the permit for the billboards.

On September 1, the NSS detained Jackson Ochaya, a journalist with the newspaper Juba Monitor, for quoting a holdout opposition spokesman in an article critical of the government’s financial management. As of mid-September, Ochaya had not been charged and remained in detention without access to a lawyer or his family.

Pretrial Detention: Lengthy pretrial detention was a problem, due largely to the lack of lawyers and judges; the difficulty of locating witnesses; misunderstanding of constitutional and legal requirements by police, prosecutors, and judges; and the absence of a strong mechanism to compel witness attendance in court. The length of pretrial detention commonly equaled or exceeded the sentence for the alleged crime. Estimates of the number of pretrial detainees ranged from one-third to two-thirds of the prison population. The NGO World Prison Brief reported (2015 data) that 28.9 percent of detainees were pretrial detainees. The chronic lack of access to law enforcement officers and judicial systems became even more severe as armed conflict displaced officials (see section 1.g.).

Detainees Ability to Challenge Lawfulness of Detention before a Court: Detainees have very little ability to challenge the lawfulness of their detention before a court or magistrate, despite having the right to do so under the law.

Section 2. Respect for Civil Liberties, Including:

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

e. Status and Treatment of Internally Displaced Persons

Significant levels of subnational violence continued, particularly in Jonglei, Warrap, and the Greater Equatoria region. The result was sustained mass population displacement, both within the country and into neighboring countries, and high levels of humanitarian and protection needs, which strained the ability of UN and international humanitarian personnel to provide protection and assistance. According to OCHA, as of September conflict and food insecurity had displaced internally more than 1.6 million persons. Of these, more than 180,000 persons were sheltered in UNMISS PoC sites. The increased violence and food insecurity forced relief actors to delay plans for the safe return and relocation of some IDP populations.

Violence affecting areas such as the regions of Central Equatoria and Jonglei continued to result in dire humanitarian consequences, including significant displacement and serious and systematic human rights abuses, such as the killing of civilians, arbitrary arrests, detentions, looting and destruction of civilian property, torture, and sexual and gender-based violence, according to the UNMISS Human Rights Division and other organizations.

The government promoted the return and resettlement of IDPs but did not provide a safe environment for returns and often denied humanitarian NGOs or international organizations access to IDPs.

f. Protection of Refugees

The government cooperated with the UN High Commissioner for Refugees (UNHCR) and other organizations regarding treatment of IDPs, refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern. Overall, coordination with the government continued across all sectors, including with the Ministry of Interior, Ministry of Education, Ministry of Health, Ministry of Humanitarian Affairs and Disaster Management, and Relief and Rehabilitation Commission. The coronavirus pandemic further deepened the plight of persons fleeing war, conflict, and repression and of vulnerable South Sudanese.

Abuse of Migrants, Refugees, and Stateless Persons: Refugees sometimes suffered killings and abuse, such as armed attacks, gender-based violence, forced recruitment, including of children, and forced labor, according to UNHCR. This abuse was often perpetrated by armed SPLM-N elements that crossed the border and visited or temporarily took up residence in refugee camps and sites.

Access to Asylum: The law provides for protection of refugees as well as the granting of asylum and refugee status. The government allowed refugees from neighboring countries to settle and generally did not treat refugees differently from other foreigners. While most refugees in South Sudan were from Sudan, the government also granted asylum to refugees from Ethiopia, the Democratic Republic of the Congo, Eritrea, the Central African Republic, Burundi, and Somalia.

Access to Basic Services: While refugees sometimes lacked basic services, this generally reflected a lack of capacity in the country to manage refugee problems rather than government practices that discriminated against refugees. Refugee children had access to elementary education in refugee camps through programs managed by international NGOs and the United Nations. Some schools were shared with children from the host community. In principle refugees had access to judiciary services, although a lack of infrastructure and staff meant these resources were often unavailable.

Due to continuing conflict and scarcity of resources, tension existed between refugees and host communities in some areas regarding access to resources.

Durable Solutions: The government accepted refugees and returnees for reintegration, and efforts to develop a framework for their integration or reintegration into local communities were in progress. No national procedures were in place to facilitate the provision of identity documents for returnees or the naturalization of refugees beyond procedures that were in place for all citizens and other applicants.

Section 4. Corruption and Lack of Transparency in Government

The transitional constitution provides for criminal penalties for acts of corruption by officials. The government did not implement the law, however, and officials engaged in corrupt practices with impunity. Poor recordkeeping, lax accounting procedures, absence of adherence to procurement laws, a lack of accountability, and the pending status of corrective legislation compounded the problem.

Corruption: Corruption was endemic in all branches of government. There were numerous reports of government corruption. Poor recordkeeping, lax accounting procedures, absence of adherence to procurement laws, a lack of accountability, and the pending status of corrective legislation compounded the problem.

In September a UN investigation found that senior politicians and government officials, together with entities linked to the government embezzled $36 million since 2016. The report traced illicit financial flows from the Ministry of Finance and Economic Planning and the NRA. An NRA report to parliament indicated that $300 million were “lost” in three months alone.

Several investigations by international NGOs detailed the lavish lifestyles enjoyed by high-ranking government officials, even as the country suffered from armed conflict and economic turmoil. In May the NGO the Sentry released a report, “Making a Killing: South Sudanese Military Leaders’ Wealth, Explained,” which documented how the country’s previous four army chiefs of staff, four high-ranking military leaders, and three armed group leaders engaged in business activities indicative of money laundering and corruption.

Financial Disclosure: Government officials of director general rank and higher, and their spouses and minor children, are required to submit financial declaration forms annually, although there is no penalty for failure to comply.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups investigated and published information on human rights cases and the armed conflict, often while facing considerable government resistance. Government officials were rarely cooperative and responsive to their views and were often actively hostile. Reports outlining atrocities exacerbated tensions between the government and international organizations and NGOs. Government and opposition forces often blamed each other or pointed toward militia groups or “criminal” actors.

The United Nations or Other International Bodies: The government sometimes cooperated with representatives of the United Nations and other international organizations. A lack of security guarantees from the government and opposition on many occasions, as well as frequent government violations of the status of forces agreement, including the restriction of movement of UNMISS personnel, constrained UNMISS’s ability to carry out its mandate, which included human rights monitoring and investigations. Security forces generally regarded international organizations with suspicion.

UNMISS and its staff faced increased harassment and intimidation by the government, threats against UNMISS premises and PoC sites, unlawful arrest and detention, and abduction. The SSPDF regularly prevented UNMISS from accessing areas of suspected human rights abuses in violation of the status of forces agreement that allows UNMISS access to the entire country.

Government Human Rights Bodies: The president appoints members of the South Sudan Human Rights Commission, whose mandate includes education, research, monitoring, and investigation of human rights abuses, either on its own initiative or upon request by victims. International organizations and civil society organizations considered the commission’s operations to be generally independent of government influence. The commission cooperated with international human rights advocates and submitted reports and recommendations to the government.

While observers generally regarded the commission to have committed and competent leadership, severe resource constraints prevented it from effectively fulfilling its human rights protection mandate. Salaries and office management accounted for the bulk of its funding, leaving little for monitoring or investigation. In 2015 the commission released a three-year strategy and reported on 700 previously undocumented prisoners; however, it had produced little since.

The National Committee for the Prevention and Punishment of Genocide remained largely inactive.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Conviction of rape is punishable by up to 14 years’ imprisonment and a monetary fine. The government did not effectively enforce the law, and rape was widespread. The law defines sexual intercourse within marriage as “not rape.” No information was available on the number of persons prosecuted, convicted, or punished for rape, and convictions of rape seldom were publicized. According to observers, sentences for persons convicted of rape were often less than the maximum. Since the conflict began in 2013, conflict-related sexual violence was widespread. The targeting of girls and women reached epidemic proportions following skirmishes and attacks on towns in conflict zones, and sex was often used as a weapon of war (see section 1.g.). Women and girls also faced the threat of rape while living in UN PoC sites and when leaving PoC sites to conduct daily activities.

The law does not prohibit domestic violence. Violence against women, including spousal abuse, was common, although there were no reliable statistics on its prevalence. According to NGOs some women reported that police tried to charge 20 South Sudan pounds ($0.12) or more when they attempted to file the criminal complaints of rape or abuse. While not mandatory, police often told women they needed to complete an official report prior to receiving medical treatment. Families of rape victims encouraged marriage to the rapist to avoid public shaming.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a criminal offense under the law, but few data existed to determine its prevalence. The law prohibits subjecting children to negative and harmful practices that affect their health, welfare, and dignity. Although not a common practice, FGM/C occurred in some regions, particularly along the northern border regions in Muslim communities. Several NGOs worked to end FGM/C, and the Ministry of Gender, Children, and Social Welfare raised awareness of the dangers of FGM/C through local radio broadcasts.

Other Harmful Traditional Practices: The practice of girl compensation–compensating the family of a crime victim with a girl from the perpetrator’s family–occurred. Victims were generally between ages 11 and 15, did not attend school, and often were physically and sexually abused and used as servants by their captors. Local officials complained the absence of security and rule of law in many areas impeded efforts to curb the practice. Dowry practices were also common. NGOs reported fathers often forced daughters, generally minors, to marry older men in exchange for cattle or money.

Sexual Harassment: Conviction of sexual harassment is punishable by up to three years’ imprisonment and a fine. The government rarely enforced the law, and NGOs reported most women were unaware it was a punishable offense or feared retribution for reporting it, since women were often blamed for its occurrence. Observers noted sexual harassment, particularly by military and police, was a serious problem throughout the country.

Reproductive Rights: Women continued to suffer unprecedented levels of sexual violence, including abduction, rape, and forced marriage. More than half of all girls were married before the age of 18. Data collection continued to be inadequate to provide accurate estimates on most indicators.

According to the UN Population Fund (UNFPA), the country had a modern contraceptive prevalence rate of 1.7 percent among women of reproductive age. Teenage pregnancy was 30 percent among girls between the ages of 15 and 19.

The maternal mortality rate was estimated to be between 789 and 1,150 deaths per 100,000 live births. The high maternal mortality rate was largely due to limited and low-quality medical care and an extremely low rate of skilled birth attendance. More than 80 percent of women delivered at home, assisted by untrained attendants. The lack of access to skilled medical care during pregnancy and childbirth also resulted in maternal death and disability from treatable conditions, such as infection, hemorrhage, and obstructed birth.

Cultural practices and economic barriers further limited reproductive choices. Men who paid dowries often believed they had the right to make reproductive health decisions for their wives and daughters. High illiteracy rates among women limited their access to accurate information concerning the right to control their fertility. Abortion is criminalized, including in cases of rape, incest, and when a pregnant woman’s life is at risk. Many individuals did not have access to accurate information, modern contraceptive methods, or family planning services. For persons under the age of 18, permission from family was not required to access nonsurgical reproductive health services, including for contraception. Cultural practices and social stigma, however, often prevented minors from exercising their rights. Women needed to obtain their husbands’ consent to access sexual and reproductive health services, such as antenatal care, facility delivery, and family planning.

The country’s national health policy and related strategic documents were in favor of sexual and reproductive health, including promotion of access to family planning information and services. Lack of resources, however, hindered implementation. The health sector remained underfunded at only 2 percent of the national budget. A shortage of skilled professionals was the biggest deficiency in the provision of quality health care. The country faced severe shortages in all categories of trained health professionals, and maternal health services were often provided by less-skilled health workers.

On average, there was only one health facility per 10,000 inhabitants, and an estimated 72 percent of the population lived more than three miles from the closest clinic. Many of these facilities were not capable of providing specialized care, and there were not enough qualified doctors, nurses, or midwives to treat survivors of sexual violence.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: While the transitional constitution provides for gender equality and equal rights for women, deep cultural prejudices resulted in widespread discrimination against women. High illiteracy rates also impeded women’s ability to understand and defend their rights. Communities often followed customary laws and traditional practices that discriminated against women. For example, authorities arrested and detained women for adultery.

Despite statutory law to the contrary, under customary law, a divorce is not final until the wife and her family return the full dowry to the husband’s family. As a result families often dissuaded women from divorce. Traditional courts usually ruled in favor of the husband’s family in most cases of child custody unless children were between ages three and seven.

Women also experienced discrimination in employment, pay, credit, education, inheritance, housing, and ownership and management of businesses or land. Although women have the right to own property and land under the transitional constitution, community elders often sought to prevent women from exercising these rights because they contravened customary practice.

Persons with Disabilities

The law does not specifically prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, air travel and other transportation, access to health care, or the provision of other government services. NGOs reported community and family members routinely subjected persons with disabilities to discrimination. The government did not enact or implement programs to provide access to buildings, information, or communications public services. The transitional constitution and the law stipulate that primary education be provided to children with disabilities without discrimination. Very few teachers, however, were trained to address the needs of children with disabilities, and very few schools were able to provide a safe, accessible learning environment for children with disabilities. There were no legal restrictions on the right of persons with disabilities to vote and otherwise participate in civic affairs, although lack of physical accessibility constituted a barrier to effective participation. There were no mental-health hospitals or institutions, and persons with mental disabilities were often held in prisons. Limited mental-health services were available at Juba Teaching Hospital.

There were no reports of police or other government officials inciting, perpetuating, or condoning violence against persons with disabilities, or of official action taken to investigate or punish those responsible for violence against persons with disabilities.

Persons with disabilities also faced disproportional hardship under conditions of crisis-level food insecurity and continuing violence. Human Rights Watch reported persons with disabilities were often victimized by both government and opposition forces. Persons with disabilities faced difficulty fleeing areas under attack and accessing humanitarian assistance in displacement camps. Since 2013 tan unknown number of civilians experienced maiming, amputation, sight and hearing impairment, and trauma. The World Health Organization estimated 250,000 persons with disabilities were living in displacement camps, while the estimated number of persons with disabilities in the country could be more than one million.

Members of National/Racial/Ethnic Minority Groups

Interethnic fighting and violence by government, opposition forces, and armed militias affiliated with the government and the opposition targeting specific ethnic groups resulted in human rights abuses (see section 1.g.). The country has at least 60 ethnic groups and a long history of interethnic conflict. Ethnic groups were broadly categorized into the Nilotic (Dinka, Nuer, and Shilluk ethnic groups), Nilo-Hamitic, and Southwestern Sudanic groups. For some ethnic groups, cattle represented wealth and status. Competition for resources to maintain large cattle herds often resulted in conflict. Long-standing grievances regarding perceived or actual inequitable treatment and distribution of resources and political exclusion contributed to conflict.

Interethnic clashes occurred throughout the year. Insecurity, inflammatory rhetoric–including hate speech–and discriminatory government policies led to a heightened sense of tribal identity, exacerbating interethnic differences.

Sudan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The 2019 constitutional declaration prohibits such practices of torture or inhuman treatment of punishment, and reports of such behavior largely ceased under the civilian-led transitional government (CLTG).

On December 16, the RSF detained Bahaa el-Din Nouri in Khartoum. His body was found in a morgue five days later showing signs of torture while in custody. The case was referred to the prosecutor’s office and remained pending at year’s end.

The UN-African Union Hybrid Operation in Darfur (UNAMID) reported government forces committed sexual violence in a few instances, although most abuses were committed by militias (see section 1.g.).

Although impunity was less of a problem than in previous years, some problems with impunity in the security forces remained. The CLTG took strong steps towards reckoning with the crimes perpetrated by the Bashir regime, including opening up investigations into past abuses and working to address legal immunities that would otherwise bar prosecutions for serious crimes.

Prison and Detention Center Conditions

Prison conditions throughout the country remained harsh and life threatening; overcrowding was a major problem, as was inadequate health care.

Physical Conditions: The nongovernmental organization (NGO) World Prison Brief estimated, based on 2009 and 2017 data, that the country’s prisons held approximately 21,000 prisoners in facilities designed for 7,500 prisoners. More recent data were not available, but overcrowding remained a serious problem. The Prisons and Reform Directorate, a branch of the national police that reports to the Ministry of Interior, oversees prisons. The Ministry of Interior generally did not release information on physical conditions in prisons. Data on the numbers of juvenile and female prisoners were unavailable.

Authorities generally provided food, water, and sanitation, although the quality of all three was basic. Prison health care, heating, ventilation, and lighting were often inadequate but varied from facility to facility. Some prisoners did not have access to medications or physical examinations. Family members or friends provided food and other items to inmates. Most prisoners did not have beds. Former detainees reported needing to purchase foam mattresses. These problems persisted throughout the year.

Overall conditions, including food and sanitation, were reportedly better in women’s detention facilities and prisons, such as the Federal Prison for Women in Omdurman, than at equivalent facilities for men, such as the main prison in Khartoum or the Kober or Omdurman Prisons. In Khartoum juveniles were not held in adult prisons or jails, but they were reportedly held with adults at other prisons.

Administration: The police inspector general, the minister of justice, and the judiciary are authorized to inspect prisons. Police allowed some visitors, including lawyers and family members, while prisoners were in custody and during judicial hearings Islamic and Christian clergy were allowed to hold services in prisons following the CLTG’s coming to power. Access varied across prisons. In Omdurman Women’s Prison, church services were held six times a week, but information on the regularity of services was not obtained. Sunni imams were granted access to facilitate Friday prayers.

Independent Monitoring: During the year the CLTG lifted restrictions on independent monitoring, but the International Committee of the Red Cross was still generally denied access to prisons, with the exception of installing water points and distributing hygiene products during the COVID-19 pandemic.

The Ministry of Interior granted UNAMID access to government prisons in Darfur to monitor, mentor, and advise prison officials.

d. Arbitrary Arrest or Detention

The 2019 constitutional declaration prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court. In contrast to the previous regime, during the year the CLTG generally observed these requirements. The period of arrest without a warrant is 24 hours.

Arrest Procedures and Treatment of Detainees

Under the law, warrants are not required for an arrest. The law permits police to detain individuals for 24 hours for the purpose of inquiry. A magistrate may renew detention without charge for up to two weeks during an investigation. A superior magistrate may renew detentions for up to six months for a person who is charged. The General Intelligence Service is not allowed to detain individuals.

The law provides for an individual to be informed in detail of charges at the time of arrest, with interpretation as needed, and for judicial determination without undue delay.

The law allows for bail, except for those accused of crimes punishable by death or life imprisonment if convicted. There was a functioning bail system; however, persons released on bail often waited indefinitely for action on their cases.

Suspects in common criminal cases, such as theft were compelled to confess guilt while in police custody through physical abuse and police intimidation of family members.

By law any person may request legal assistance and must be informed of the right to counsel in cases potentially involving the death penalty, imprisonment lasting longer than 10 years, or amputation if convicted. Accused persons may also request assistance through the legal aid department at the Ministry of Justice or the Sudanese Bar Association. The government was not always able to provide legal assistance, and legal aid organizations and lawyers partially filled the gap.

Arbitrary Arrest: Arbitrary arrest largely ended under the CLTG.

In August several artists were arrested while rehearsing a prodemocracy theater piece (see section 2.a., Academic and Cultural Events).

Pretrial Detention: The law states that pretrial detention may not exceed six months. Lengthy pretrial detention was common. Using 2013 data, World Prison Brief estimated 20 percent of prisoners were in pretrial detention. The large number of detainees and judicial inefficiency resulted in trial delays.

Section 2. Respect for Civil Liberties, Including:

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

e. Status and Treatment of Internally Displaced Persons

Large-scale displacement continued to be a severe problem in Darfur and the Two Areas.

The UN Office for the Coordination of Humanitarian Affairs reported the vast majority of the displacement during the year was triggered by intercommunal and other armed conflict. Reports of IDPs attempting to return to or access their farmlands in Darfur increased. Many IDPs faced chronic food shortages and inadequate medical care. Significant numbers of farmers were prevented from planting their fields due to insecurity, leading to near-famine conditions in parts of South Kordofan. Information regarding the number of IDPs in these areas remained difficult to verify. Armed groups estimated the areas contained 545,000 IDPs and severely affected persons, while the government estimated the number as closer to 200,000. UN agencies could not provide estimates, citing lack of access. Children accounted for approximately 60 percent of persons displaced in camps.

Some UN agencies were able to work with the Darfur governor’s advisers on women and children to raise awareness of gender-based violence and response efforts.

There were reports of abuse committed by government security forces, and armed opposition groups against IDPs in Darfur, including rapes and beatings (see section 1.g.).

Outside IDP camps and towns, insecurity restricted freedom of movement; women and girls who left the towns and camps risked sexual violence. Insecurity within IDP camps also was a problem. The government provided little assistance or protection to IDPs in Darfur. Most IDP camps had no functioning police force. International observers noted criminal gangs aligned with armed opposition groups operated openly in several IDP camps.

f. Protection of Refugees

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other organizations regarding treatment of IDPs, refugees, asylum seekers, and stateless persons.

UNHCR reported more than one million refugees and asylum seekers in the country, the majority of whom were South Sudanese. Some South Sudanese and Syrian refugee and asylum-seeker populations did not present themselves to the government’s Commission on Refugees (COR) or to UNHCR for registration. UNHCR reported there were many South Sudanese in the country who were unregistered and at risk of statelessness.

As of mid-December, UNHCR had registered 49,370 refugees and asylum seekers from the conflict in Ethiopia’s Tigray region. The refugees had crossed the country’s eastern border and remained in temporary camps located in Kassala and Gedaref at year’s end.

Approximately 3,000 refugees from Chad and 14,000 from the Central African Republic remained in Darfur. Eritrean refugees entering eastern Sudan often stayed in camps for two to three months before moving to Khartoum, other parts of the country, or on to Libya in an effort to reach Europe.

UNHCR estimated that 859,000 South Sudanese refugees remained in the country. The government claimed there were between two and three million South Sudanese refugees in Sudan. It remained unclear how the government was categorizing who was South Sudanese and who was Sudanese. Many South Sudanese refugees resided in remote areas with minimal public infrastructure and where humanitarian organizations and resources had limited capabilities.

UNHCR Khartoum registered an estimated 284,000 South Sudanese refugees, including 60,000 refugees who lived in nine settlements known as “open areas” around Khartoum State. South Sudanese refugees in the open areas made up approximately 20 percent of the overall South Sudanese refugee population and were considered among the most vulnerable refugee communities. Sudan’s and South Sudan’s “four freedoms” agreement provides their citizens reciprocal freedom of residence, movement, economic activity, and property ownership, but it was not fully implemented. Implementation varied by state, as well as refugees’ relations with local host communities. For example, South Sudanese in East Darfur had more flexibility to move around (so long as they were far away from the nearest village) than did those in White Nile State.

Abuse of Migrants, Refugees, and Stateless Persons: Asylum seekers and refugees were vulnerable to arbitrary arrest and harassment outside of camps because they did not possess identification cards while awaiting government determination of refugee or asylum status. According to authorities, registration of refugees helped provide for their personal security.

There were some reported abuses, including gender-based violence and exploitation, in COR-managed refugee camps. The CLTG worked with UNHCR to provide greater protection to refugees and stateless persons.

Refugees often relied on smuggling networks to leave camps. Smugglers turned kidnappers routinely abused refugees if ransoms were not paid. Fear of violence prompted some of the South Sudanese refugee population in Khartoum and White Nile to return to South Sudan. South Sudanese refugee returnees faced arrest, extortion, and theft along the route through Sudan to South Sudan.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

Refoulement: The country generally respected the principle of nonrefoulement. With UNHCR’s assistance, authorities were trained on referral procedures to prevent refoulement, including of refugees who previously registered in other countries. During the year there were no reported cases of refoulement; however, individuals who were deported as illegal migrants may have had legitimate claims to asylum or refugee status.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The law nominally requires asylum applications to be submitted within 30 days of arrival in the country. This time stipulation was not strictly enforced. The law also requires asylum seekers to register both as refugees with the COR and as foreigners with the Civil Registry (to obtain a “foreign” number).

The government granted asylum to asylum seekers primarily from Eritrea, Ethiopia, Somalia, and Syria; it sometimes considered individuals registered as asylum seekers or refugees in another country, mostly in Ethiopia, to be illegal migrants. Government officials routinely took up to three months to approve individual refugee and asylum status, and in some cases took significantly longer, but they worked with UNHCR to implement quicker status determination procedures in eastern Sudan and Darfur to reduce the case backlog.

Since the beginning of the Syrian conflict in 2011, more than 93,000 Syrians registered with UNHCR in Sudan. Government sources, however, claimed there were far more Syrians in the country than were registered with UNHCR and the COR. More than 1,600 Yemeni refugees had registered in the country.

Freedom of Movement: The country maintained a reservation on Article 26 of the UN Convention on Refugees of 1951 regarding refugees’ right to move freely and choose their place of residence within a country. The government’s encampment policy requires asylum seekers and refugees to stay in designated camps; however, 76 percent of South Sudanese refugees (the great majority of refugees in the country) lived with local communities in urban and rural areas. The government continued to push for the relocation of South Sudanese refugees living outside Khartoum city to the White Nile state refugee camps. UNHCR notified the government relocations must be voluntary and dignified. By year’s end the CLTG had yet to relocate most South Sudanese and Ethiopians refugees to camps. The government previously allowed the establishment of two refugee camps in East Darfur and nine refugee camps in White Nile for South Sudanese refugees.

Refugees who left camps without permission and were intercepted by authorities faced administrative fines and return to the camp. Refugees and asylum seekers in urban areas were also subject to arrest and detention. UNHCR worked with legal partners to visit immigration detention centers and to provide persons of concern with legal assistance, such as release from detention centers and help navigating court procedures. On average, 150 to 200 refugees and asylum seekers were detained in Khartoum each month and assisted with legal aid by the joint UNHCR and COR legal team.

Employment: The government in principle allowed refugees to work informally but rarely granted work permits (even to refugees who obtained degrees in the country). A UNHCR agreement with COR to issue more than 1,000 work permits to selected refugees for a livelihood graduation program was being implemented in Kassala and Gedaref. To get a work permit, the CLTG required refugees to apply for a “foreigner number,” but most refugees did not have one, which is why the number of issued work permits remained low. Some refugees throughout the country found informal or seasonal work as agricultural workers or laborers in towns. Some women in camps reportedly resorted to illegal alcohol production and were harassed or arrested by police. In urban centers the majority of refugees worked in the informal sector (for example, as tea sellers, house cleaners, and drivers), leaving them at heightened risk of arrest, exploitation, and abuse.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials; nevertheless, corruption was widespread.

Corruption: The law provides the legislative framework for addressing official corruption. The CLTG used existing law and the constitutional declaration to combat official corruption. The constitutional declaration called for setting up an Anti-Corruption Commission, but the CLTG had not formed this body as of November.

A special anticorruption attorney investigated and prosecuted corruption cases involving officials, their spouses, and their children. Punishments for conviction of embezzlement include imprisonment or execution for public-service workers, although these sanctions were almost never carried out. All bank employees were considered public-service workers. The CLTG established a Dismantling Commission to recover unlawfully obtained money and assets from corrupt members of the former regime. This committee issued multiple decisions against corrupt government officials and confiscated embezzled assets. The committee extended its activity to include NGOs that facilitated the transfer of government money. The committee then forwarded the confiscated assets and money to the Ministry of Finance. One example of an effected corrupt organization was the Sudanese Islamic Da’wa Organization; in April the dismantling committee dissolved the organization and canceled its registration.

While reporting on corruption was no longer a red line under the CLTG, media continued to practice self-censorship on the topic (see section 2.a.).

Financial Disclosure: The constitutional declaration includes requirements for financial disclosure and a prohibition of commercial activity for members of the Sovereign Council, the Council of Ministers, state and regional governors, and members of the future Transitional Legislative Council. There were no clear sanctions for noncompliance, although the previous Anticorruption Commission possessed discretionary powers to punish violators. The Financial Disclosure and Inspection Committee and the Unlawful and Suspicious Enrichment Administration at the Justice Ministry both monitor compliance. Despite three different bodies ostensibly charged with monitoring financial disclosure regulations, there remains no effective enforcement or prosecution of offenders. Few CLTG officials disclosed their personal assets as required by these laws.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

Unlike under the Bashir regime, a number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views, although some restrictions on NGOs remained, especially in conflict zones.

The United Nations or Other International Bodies: Access for UN agencies to Darfur, the Two Areas and other conflict-affected regions vastly improved under the leadership of the CLTG; however, challenges remained. In the greater Jebel Marra region of Darfur, the government sporadically denied access to UNAMID in areas where conflict continued. The CLTG also continued to restrict the number of visas issued for UN police for the UN Interim Security Force for Abyei. Sudan is a party to the African Charter on Human and Peoples’ Rights.

In September 2019 the CLTG signed an agreement to open a UN Office of the High Commissioner for Human Rights in Khartoum, with field offices in Darfur, the Two Areas, and East Sudan, and the CLTG cooperated with these offices.

In April the CLTG authorized the UN independent expert on human rights in Sudan to visit the country, but due to the COVID 19 pandemic, the visit was cancelled.

The CLTG also allowed the UN Integrated Transition Assistance Mission in Sudan to conduct an assessment in August, including on human rights.

Government Human Rights Bodies: Human rights defenders were allowed to file complaints with the National Human Rights Commission regarding perceived human rights abuses. The commission typically referred complaints back to the accused institution.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

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.).

Persons with Disabilities

Although the law and the constitutional declaration provide protections for persons with disabilities, social stigma and a lack of resources hindered the government’s enforcement of disability laws. The law does not specifically prohibit discrimination against persons with disabilities.

Social stigma and lack of resources often prevented government and private entities from accommodating persons with disabilities in education and employment. Appropriate support remained especially rare in rural areas.

Members of National/Racial/Ethnic Minority Groups

The population includes more than 500 ethnic groups speaking numerous languages and dialects. Some of these ethnic groups self-identify as Arab, referring to their language and other cultural attributes.

Other Societal Violence or Discrimination

Clashes often resulted from conflicts over land rights, mineral ownership, and use of gold-mining areas, particularly in the Jebel Amer area in North Darfur. Observers believed those clashes resulted in deaths and displacement in past years. Largely unregulated artisanal gold-mining activities continued in all of the Darfur states, although it was a lesser source of tension among communities than in previous years. Claims to land rights continued to be mostly ethnic and tribal in nature. Other clashes took place in Red Sea State, Kassala State and South Kordofan.

Promotion of Acts of Discrimination

There were multiple reports of hate speech and discriminatory language during the year. Reports increased following the appointment of civilian governors in areas where ethnic groups opposed an appointed governor because he or she belonged to a different group.

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