Wakilii

Sudanese Civilians in South Kordofan and Blue Nile v Sudan (Communication 402-11 and 420-12)

African Commission on Human and Peoples' Rights · [2023] ACHPR 2 · 2023 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communications alleging serious and massive human rights violations before the African Commission on Human and Peoples' Rights
Decision
Communication granted with violations found on multiple articles of the African Charter; matter referred for further submissions on remedies and reparations

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Commission found that Sudan committed serious and massive violations of the African Charter on Human and Peoples' Rights through indiscriminate aerial bombardment, extrajudicial killings, torture, sexual violence, arbitrary detention, forced displacement, and destruction of civilian property in South Kordofan and Blue Nile States between 2011 and 2012. The Commission held that domestic remedies were unavailable due to immunity provisions protecting security forces, climate of fear, and the scale of violations. Sudan violated Articles 1, 2, 3(2), 4, 6, 7(1)(a), 12, 14, 16, 18, 19, 20, 21 and 23 of the African Charter.

Outcome

Communication granted with violations found on multiple articles of the African Charter; matter referred for further submissions on remedies and reparations

Facts

Between June 2011 and 2012, Sudanese Armed Forces and militia groups launched indiscriminate aerial bombardment and ground attacks against civilians in South Kordofan and Blue Nile States. More than 31 documented attacks killed and injured civilians, destroyed homes, schools, hospitals and farms, and caused mass displacement. By January 2012, approximately 366,000 persons were internally displaced and over 140,000 fled as refugees to Ethiopia and South Sudan. The attacks specifically targeted members of the Nuba ethnic group and those perceived as SPLM-N sympathizers. Security forces conducted arbitrary arrests, detention, torture, enforced disappearances, and sexual violence against women and girls. The government prevented humanitarian aid delivery and restricted media access to the affected regions. Victims were denied access to water, food, medical supplies and basic services.

Issues

  1. Whether the Respondent State violated the right to life under Article 4 of the African Charter through extrajudicial killings of civilians in South Kordofan and Blue Nile.
  2. Whether the Respondent State violated the prohibition of torture under Article 5 through torture, ill-treatment, rape, sexual violence, forced evictions and destruction of homes.
  3. Whether the Respondent State violated the right to liberty and security under Article 6 through arbitrary arrests, detention and enforced disappearances.
  4. Whether the Respondent State violated the right to a remedy under Article 7(1)(a) by failing to provide victims with access to justice.
  5. Whether the Respondent State violated the right to information under Article 9(1) by restricting access to South Kordofan and Blue Nile and preventing media reporting.
  6. Whether the Respondent State violated freedom of movement and residence under Article 12 by forcibly displacing civilians.
  7. Whether the Respondent State violated the right to property under Article 14 through destruction of civilian property.
  8. Whether the Respondent State violated the right to health under Article 16 by cutting off access to water, food, electricity and medical aid.
  9. Whether the Respondent State violated the protection of the family under Article 18(1) through forced displacement and separation of families.
  10. Whether the Respondent State violated Article 18(3) through gender-based discrimination and sexual violence against women and girls.
  11. Whether the Respondent State violated the collective rights of the Nuba people under Articles 19, 20, 21 and 23.
  12. Whether the Respondent State violated the right to equal protection of the law under Article 3(2).
  13. Whether the Respondent State violated Article 1 by failing to take reasonable steps to prevent and respond to the violations.
  14. Whether domestic remedies were available, effective and sufficient to the Complainants.

Orders

  • Communication declared admissible.
  • Violations of Articles 1, 2, 3(2), 4, 6, 7(1)(a), 12(1), 14, 16, 18, 19, 20, 21 and 23 of the African Charter found.
  • Respondent State urged to guarantee all rights found to have been violated.
  • Complainants granted request for hearing on remedies and reparations.
  • Complainants to submit written submissions on remedies and reparations within 60 days.
  • Respondent State to submit observations in response within 60 days.
  • Respondent State urged to set up independent inquiry to investigate violations and hold perpetrators accountable.
  • Respondent State recommended to ratify the Protocol to the African Charter on the Rights of Women in Africa 2003.
  • Respondent State recommended to ratify the AU Convention for the Protection and Assistance of Internally Displaced Persons 2009.
  • Respondent State called upon to immediately release all arbitrarily detained civilians.
  • Respondent State called upon to facilitate unimpeded humanitarian access to South Kordofan and Blue Nile.
  • Respondent State called upon to allow full access for international monitors.
  • Respondent State called upon to provide appropriate housing and basic needs to displaced persons.
  • Respondent State called upon to ensure safe return of displaced persons.
  • Respondent State called upon to reform national legislation to provide safeguards against abusive use of force, recognize rights of Nuba people, criminalize violations, remove immunity provisions, and ensure training in international human rights law.
  • Respondent State urged to report on implementation within 180 days.

Rules and key headnotes

Right to Life — Arbitrary Deprivation — State Responsibility for Extrajudicial Killings
The right to life under Article 4 of the African Charter is foundational to all other rights and cannot be derogated from. States have an obligation to refrain from arbitrary and unlawful deprivation of life and to protect human life against unwarranted actions by security forces. Indiscriminate aerial bombardment and shelling of civilians by state security forces constitutes arbitrary deprivation of life in violation of Article 4.
Prohibition of Torture — Enforced Disappearances — Sexual Violence as Torture
The right to freedom from torture and cruel, inhuman or degrading treatment under Article 5 of the African Charter permits no restrictions or limitations. Enforced disappearances constitute a violation of Article 5 both for the disappeared person and their family members. Rape and sexual violence committed by state forces against women and girls constitute torture and inhuman treatment in violation of Article 5.
Liberty and Security — Arbitrary Detention — Immunity Provisions
Arrests and detention carried out without recourse to due process of law amount to arbitrary deprivation of liberty in violation of Article 6. The existence of conflict does not justify arbitrary measures by military and intelligence authorities. Immunity provisions that shield security forces from prosecution render domestic remedies unavailable and ineffective.
Right to Remedy — Access to Justice — Incommunicado Detention
Article 7(1)(a) of the African Charter guarantees the right to an effective remedy by competent national tribunals. Incommunicado detention without trial violates both the right to liberty and the right to access effective remedies. States have an obligation to investigate, prosecute and punish violators of human rights among security personnel.
Freedom of Expression — Access to Information — Media Restrictions During Conflict
The African Charter does not contain a derogation clause. Restrictions on freedom of expression and access to information must be legitimate, absolutely necessary and strictly proportionate to the intended goal. Closing regions to media and preventing reporting on human rights violations without legitimate justification violates Article 9(1).
Peoples' Rights — Collective Rights of Ethnic Groups — Right to Existence
Peoples' rights under the African Charter apply to sub-national groups having distinct identity on account of specific identity markers. The Nuba constitute a people for purposes of the Charter by virtue of their common territory, shared identity and experience of discrimination. Indiscriminate attacks causing loss of life, destruction of property and forced displacement threaten the existence of the Nuba as a distinct people in violation of Article 20.
Exhaustion of Domestic Remedies — Serious and Massive Violations — Unavailability of Remedies
In cases of serious or massive violations of human rights, domestic remedies need not be exhausted where they are unavailable, ineffective or insufficient. Remedies are unavailable where immunity provisions prevent prosecution, where there is a climate of fear, and where the scale and nature of violations make remedies unavailable in fact. States that have ample notice of violations and fail to act render domestic remedies ineffective.

Legislation cited (31)

  • African Charter on Human and Peoples' Rights 1981 Article 1
  • African Charter on Human and Peoples' Rights 1981 Article 2
  • African Charter on Human and Peoples' Rights 1981 Article 3(2)
  • African Charter on Human and Peoples' Rights 1981 Article 4
  • African Charter on Human and Peoples' Rights 1981 Article 5
  • African Charter on Human and Peoples' Rights 1981 Article 6
  • African Charter on Human and Peoples' Rights 1981 Article 7(1)(a)
  • African Charter on Human and Peoples' Rights 1981 Article 9(1)
  • African Charter on Human and Peoples' Rights 1981 Article 12
  • African Charter on Human and Peoples' Rights 1981 Article 14
  • African Charter on Human and Peoples' Rights 1981 Article 16
  • African Charter on Human and Peoples' Rights 1981 Article 18(1)
  • African Charter on Human and Peoples' Rights 1981 Article 18(3)
  • African Charter on Human and Peoples' Rights 1981 Article 19
  • African Charter on Human and Peoples' Rights 1981 Article 20
  • African Charter on Human and Peoples' Rights 1981 Article 21
  • African Charter on Human and Peoples' Rights 1981 Article 23
  • African Charter on Human and Peoples' Rights 1981 Article 56
  • African Charter on Human and Peoples' Rights 1981 Article 58
  • African Charter on Human and Peoples' Rights 1981 Article 60
  • National Security Forces Act 2010 Article 52
  • Police Act 1999 Article 46
  • Armed Forces Act 2007 Article 34
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003 Article 1
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003 Article 2
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003 Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 2003 Article 11
  • UN Convention for the Elimination of Discrimination Against Women 1979 Article 1
  • International Covenant on Civil and Political Rights Article 6
  • International Covenant on Civil and Political Rights Article 23
  • Vienna Convention on the Law of Treaties Article 18

Cases cited (29)

  • Sir Dawda K. Jawara v The Gambia (Communication 147/95-149/96)
  • Institute for Human Rights and Development in Africa v Republic of Angola
  • Amnesty International, Comité Loosli Bachelard, Lawyers' Committee for Human Rights, Association of members of the Episcopal Conference of East Africa v Sudan
  • Anuak Justice Council v Ethiopia
  • John D. Ouko v Kenya
  • Monim Elgak and Others v Sudan (Communication 379/09)
  • Constitutional Rights Project v Nigeria (Communication 87/93)
  • Constitutional Rights Project v Nigeria (Communication 60/91)
  • Article 19 v Eritrea (Communication 275/03)
  • Media Rights Agenda v Nigeria (Communication 224/98)
  • Purohit and Moore v The Gambia (Communication 241/01)
  • Forum of Conscience v Sierra Leone
  • Gabriel Shumba v Zimbabwe
  • Sudan Human Rights Organisation and Centre on Housing Rights and Evictions (COHRE) v Sudan
  • Mouvement Burkinabe des Droits de l'Homme et des Peuples v Burkina Faso
  • Social and Economic Rights Action Centre (SERAC) and Another v Nigeria
  • Democratic Republic of the Congo v Burundi, Rwanda and Uganda
  • Kenneth Good v Republic of Botswana (Communication 313/05)
  • Egyptian Initiative for Personal Rights and Interights v Egypt
  • Equality Now and Ethiopian Women Lawyers Association (EWLA) v Ethiopia
  • Safia Ishaq Mohammed Issa (represented by The REDRESS Trust) v. Sudan
  • Malawi African Association and Others v Mauritania
  • Commission Nationale des Droits de l'Homme et des Libertés v Chad
  • Katangese People's Congress v Zaire
  • Union inter Africaine des droits de l'Homme, Federation Internationale des Ligues des droits de l'Homme and others v Angola
  • Civil Liberties Organisation (in respect of Bar Association) v Nigeria
  • Constitutional Rights Project and Another v Nigeria (2000) AHRLR 227 (ACHPR 1999)
  • Media Rights Agenda and Others v Nigeria (2000) AHRLR 200 (ACHPR 1998)
  • Albert Mukong v Cameroon (Communication No. 458/1991)

Full judgment

↓ Download PDF

The original judgment as reported. Read the original PDF before relying on any passage.

Sudanese Civilians in South Kordofan and Blue Nile v Sudan (Communication 402-11 and 420-12) [2023] ACHPR 2 (7 March 2023)
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.