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Sudan Human Rights Organisation, Centre on Housing Rights and Evictions v Sudan (Communication 279 of 2003; Communication 296 of 2005)

African Commission on Human and Peoples' Rights · [2009] ACHPR 100 · 2009 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Two consolidated communications before the African Commission alleging gross, massive and systematic human rights violations in the Darfur region of Sudan
Decision
Communications upheld; Sudan found in violation of multiple provisions of the African Charter; recommendations issued for remedial action

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that Sudan violated Articles 1, 4, 5, 6, 7(1), 12(1) and (2), 14, 16, 18(1), and 22 of the African Charter through gross, massive, and systematic human rights violations in Darfur. The Commission found that Sudan failed to protect civilians from killings, torture, forced evictions, and destruction of property by government forces and Janjaweed militia, and failed to conduct effective investigations or provide remedies to victims.

Outcome

Communications upheld; Sudan found in violation of multiple provisions of the African Charter; recommendations issued for remedial action

Facts

Between 2003 and 2009, armed conflict erupted in Sudan's Darfur region following the emergence of rebel groups (Sudan Liberation Army and Justice Equality Movement) demanding an end to marginalization. The Sudanese government responded by deploying military forces and supporting Arab militia known as Janjaweed. Complainants alleged that government forces and Janjaweed conducted systematic attacks on civilian populations of Black African tribes (Fur, Zaghawa, Masalit), resulting in large-scale killings, rape, torture, forced evictions, destruction of villages, poisoning of wells, and displacement of over one million people. The attacks targeted homes, markets, water sources, and agricultural land. Despite peace agreements and government claims of remedial measures, violence continued and effective investigations and prosecutions were not conducted.

Issues

  1. Whether the communications were admissible under Article 56 of the African Charter, particularly regarding exhaustion of local remedies in cases of serious and massive human rights violations.
  2. Whether the Respondent State violated Article 4 (right to life) by failing to protect civilians from large-scale killings and extrajudicial executions.
  3. Whether the Respondent State violated Article 5 (prohibition of torture and cruel, inhuman or degrading treatment) through forced evictions, destruction of property, and violence against civilians.
  4. Whether the Respondent State violated Article 6 (right to liberty and security of person) by failing to protect displaced persons and allowing arbitrary arrests and detentions.
  5. Whether the Respondent State violated Article 7 (right to fair hearing) by creating conditions that prevented victims from accessing competent tribunals.
  6. Whether the Respondent State violated Article 12(1) (freedom of movement and residence) through forced displacement of civilian populations.
  7. Whether the Respondent State violated Article 14 (right to property) through destruction of homes, livestock, and agricultural land.
  8. Whether the Respondent State violated Article 16 (right to health) by destroying food sources, poisoning wells, and denying access to water.
  9. Whether the Respondent State violated Article 18(1) (protection of the family) through forced evictions and separation of families.
  10. Whether the Respondent State violated Article 22 (right to development) by targeting and marginalizing the people of Darfur.

Orders

  • The African Commission declares both communications admissible.
  • The African Commission holds that the Republic of Sudan has violated Articles 1, 4, 5, 6, 7(1), 12(1) and (2), 14, 16, 18(1), and 22 of the African Charter.
  • The Respondent State should conduct effective official investigations into abuses committed by military forces and Janjaweed militia.
  • The Respondent State should undertake major reforms of its legislative and judicial framework to handle cases of serious and massive human rights violations.
  • The Respondent State should prosecute those responsible for human rights violations including murder, rape, arson, and destruction of property.
  • The Respondent State should ensure victims receive effective remedies including restitution and compensation.
  • The Respondent State should rehabilitate economic and social infrastructure in Darfur to enable safe return of IDPs and refugees.
  • The Respondent State should establish a National Reconciliation Forum to address long-term sources of conflict and equitable resource allocation.
  • The Respondent State should desist from adopting amnesty laws for perpetrators of human rights abuses.
  • The Respondent State should consolidate and finalize pending Peace Agreements.

Rules and key headnotes

Admissibility — Exhaustion of Local Remedies — Exception for Serious and Massive Violations
In cases of serious, massive, and systematic human rights violations involving large numbers of victims, the requirement to exhaust local remedies under Article 56.5 of the African Charter does not apply where such remedies are unavailable, ineffective, or insufficient as a practical matter.
Right to Life — State Duty to Protect — Effective Investigations
The State's duty to protect the right to life under Article 4 of the African Charter includes the obligation to conduct effective official investigations when individuals are killed by State agents or non-state actors, and such investigations must be independent, prompt, open to public scrutiny, and result in prosecutions where appropriate.
Torture and Inhuman Treatment — Forced Evictions and Destruction of Property
Forced evictions and destruction of housing by State forces or non-state actors acting with State acquiescence constitute cruel, inhuman, and degrading treatment in violation of Article 5 of the African Charter, particularly where such acts cause severe physical and psychological suffering and threaten human dignity.
Derogation — African Charter — No Emergency Exception
The African Charter does not contain a derogation clause permitting States to limit rights during emergencies or armed conflict; the only legitimate grounds for limitation are found in Article 27.2 (rights of others, collective security, morality, and common interest), and forced evictions cannot be justified under these grounds.
Right to Property — Destruction by State and Non-State Actors
The right to property under Article 14 of the African Charter is violated when the State destroys or permits the destruction of homes, livestock, and agricultural land by its forces or third parties, where such destruction is not carried out in accordance with law, for public need, or in the general interest of the community.
Freedom of Movement — Forced Displacement — Internal Displacement
Forced displacement of civilian populations from their homes and villages by State forces or militia violates the right to freedom of movement and residence under Article 12(1) of the African Charter, and States have a duty to prevent conditions that might lead to displacement and to ensure displaced persons can return in safety and dignity.
Peoples' Rights — Definition of 'A People' — Right to Development
Groups within a State who share common characteristics such as language, religion, culture, territory, history, and ethnicity constitute 'a people' entitled to protection under Article 22 of the African Charter, and no people shall be dominated by another people of a different race or ethnicity within the same State.

Legislation cited (30)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 12(1)
  • African Charter on Human and Peoples' Rights Article 12(2)
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 13(2)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 18(1)
  • African Charter on Human and Peoples' Rights Article 19
  • African Charter on Human and Peoples' Rights Article 22
  • African Charter on Human and Peoples' Rights Article 27.2
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 58
  • Constitutive Act of the African Union Article 3(h)
  • Convention against Torture Article 16
  • Convention against Torture Article 17
  • Universal Declaration of Human Rights Article 25(1)
  • International Covenant on Economic, Social and Cultural Rights Article 11(1)
  • American Declaration of the Rights and Duties of Man Article XVIII
  • European Convention on Human Rights Article 3
  • European Convention on Human Rights Article 8
  • Protocol to the European Convention Article 1

Cases cited (23)

  • Sir Dawda Jawara v The Gambia (Communications 147/95 and 149/96)
  • Free Legal Assistance Group and Others v Zaire (Communications 25/89, 47/90, 56/91, 100/93)
  • Malawi African Association and Others v Mauritania (Communications 54/91, 61/91, 98/93, 164/97-196/97, 210/98)
  • Social and Economic Rights Action Centre v Nigeria (Communication 155/96)
  • Akdivar and Others v Turkey (Application No. 21893/93)
  • Hijrizi v Yugoslavia (CAT Communication No. 161/2000)
  • Article 19 v Eritrea (Communication 275/2003)
  • Zimbabwe Human Rights NGO Forum v Zimbabwe (Communication 245/2002)
  • Amnesty International, Comite Loosli Bachel and Lawyers Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa/Sudan
  • Jordan v United Kingdom
  • Purohit and Moore v The Gambia (Communication 241/2001)
  • Media Rights Agenda v Nigeria (Communication 224/98)
  • John Modise v Botswana (Communication 97/93)
  • Selçuk and Asker v Turkey (ECHR 1998)
  • Constitutional Rights Project, et al/Nigeria
  • Commission Nationale des Droits de l'Homme et Libertés v Chad (Communication 74/92)
  • Rencontre Africaine pour la Défense des Droits de l'Homme v Zambia (Communication 71/92)
  • Union Interafricaine des Droits de l'Homme and Others v Angola (Communication 159/96)
  • Dogan and Others v Turkey (ECHR Applications Nos. 8803-8819/02)
  • McCann v United Kingdom (1995) 21 EHRR 97
  • Tanrikulu v Turkey (1999) 30 EHRR 950
  • Velasquez-Rodriguez (Inter-American Court 1998)
  • Institute for Human Rights and Development in Africa v Angola (Communication 292/2004)

Full judgment

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Sudan Human Rights Organisation, Centre on Housing Rights and Evictions v Sudan (Communication 279 of 2003; Communication 296 of 2005) [2009] ACHPR 100 (27 May 2009)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.