SUDAN

Historical Background

17th century

Sudan’s rulers begin to embrace Islam

1899-1955

Sudan is considered to be the Anglo-Egyptian Condominium, under British-Egyptian control

The British distinguish Sudan from Egypt

The British separate north Sudan from south Sudan

1956 - 1972 (FIRST CIVIL WAR)

The British withdraw from Sudan

creating a political vacuum

that is filled by Islamic fundamentalism

Fundamentalists attempt to

aggressively spread Islam through

Jihad and by discriminating against

southerners

Sudan’s first Constitution

does not clearly address:

  • 1) whether Sudan would be

    an Islamist or secular nation

  • 2) the country’s federal structure

Once in office, the Arab-led

government renege on its

promise to create a federal system

The broken promise leads

to a mutiny by southern army officials

The war ends in 1972 with the

Addis Ababa Agreement

and the creation of the

South Sudan Autonomous Region

1983 - 2005 (SECOND CIVIL WAR)

President Nimeiri introduces

Sharia law and reneges on

Addis Abba Agreement

(including South Sudan Autonomous Region)

Casualties exceed 2.5 million

and widespread CRSV

2003 (DARFUR WAR)

War ends in 2005 when the

parties sign the

Comprehensive Peace Agreement

President Bashir legitimizes

the Janjaweed by formally

organizing the militia under

the RSF and utilizing them

as border security

2018 - 2022

2013

Genocide

Escalating bread prices

led to street-wide protests,

marches, sit-ins, and mass attacks

Military cleared protests

with tear gas, sound bombs, rape etc.

sparking massive backlash

and nationwide protests

Political unrest led to

two Presidents being removed

from office

This led to the heads of

the SAF (Burhan) and RSF (Hemedti) sharing power. However, Burhan

was the de facto head of state

The December 2022 deal

concerning the future of Sudan’s

governance included a

pathway for national elections

and civilian leadership. However,

it failed to find a way to integrate

the RSF in Sudan’s new

political apparatus

Tensions spilled over and

the RSF returned to targeting

and killing non-Arab groups

like the Masalit people in Darfur

2023 - PRESENT (THIRD CIVIL WAR)

This war is currently the

world’s:

  • largest humanitarian and

displacement crisis

  • worst famine

CRSV has been widespread and constant

Historical Context

  • Prior to being occupied by Egypt (and Britain),

    North Sudan had a history of pedastilizing Arab culture

    due to Arab migrants

    • These tribes primarily had Arabic speech, culture, outlook, and followed Islam

    • Being able to claim direct association with Arab people has historically been a marker of social and cultural status

NORTH SUDAN

  • Refers to the area now known as South Sudan

  • At certain points, southern tribes were kept as

    slaves and domestic help for northerners.

  • From the 1930s the British enacted a policy

    that was aimed at maintaining the south’s non-Arab identity

    • Northern traders were expelled from the land

    • The spread of Christianity was encouraged

  • In comparison to the North, those in the

    south lagged in education, economic development,

    and political experience

SOUTH SUDAN

Takeaways

1956 - 1972 ( FIRST CIVIL WAR)

  • CRSV cases were not tracked during this war

    • therefore we cannot determine how CRSV presented itself during this time

  • There were many factions involved in this war

  • This war played out on ethnic grounds pitting Arabs against non-Arabs

  • DARFUR WAR

    • Widespread sexual violence place near or in IDP camps, rural areas near military bases, or in areas under rebel control

      • Survivors are targeted primarily because of their non-Arab ethnic background

    • The Janjaweed, an Arab militia, is largely responsible for the atrocities that occured

      • Mohamed Hamdan “Hemedti” Dagalo was recruited and became a commander during this war

    • the ICC later classifies the atrocities within the Darfur War as genocide

1983 - 2005 (SECOND CIVIL WAR)

  • The agreement broke down over a power struggle between Burhan and Hemedti

  • Under Hemedti, the RSF has used the Janjaweed’s Darfur tactics to launch a campaign of terror (especially in terms of weaponizing conflict-related sexual violence)

  • Human rights reports reveal that the CRSV in this conflict has a political dimension

    • Survivors are being targeted based on their affiliation with the SAF or RSF

    • It is important to note that the difference between this war and the second civil war, is that ethnicity is no longer the biggest determinant of CRSV, as the non-Arab South Sudan has since become its own nation. However, in the non-Arab Darfur, this is NOT the case. As those in this region are still facing an active genocide

  • “In the 4th year of the war, 12.7 million people - mainly women and girls - require support related to sexual and gender-based violence” (UN Women)

2023 - Present (THIRD CIVIL WAR)

Societal Perspective on Rape

  • Rape is a culturally taboo subject in Sudan

    • There is a culture of impunity, shame, and silence around rape

    • Rape is seen as an offence to a survivor as well

      as to the family’s honour and reputation

  • Survivors are likely to face:

    • Divorce

    • Ex-communication from their communities and families

    • Loss of financial livelihood

    • Internal shame and condemnation

    • [For women and girls] a legal system that

      is predisposed to view them as “the problem”

Healthcare

The RSF and SAF have been conducting attacks on healthcare facilities and healthcare workers

  • By 2026, 2000+ healthcare facilities have been destroyed

  • These attacks have short-term and long-term consequences on communities including:

    • Essential medication is no longer readily available

      • Forcing patients to buy the drugs at high costs

    • Hampering immunisation campaigns

      • This increases the likelihood of disease outbreaks

      • Already, diseases like malaria, dengue fever, measles, rubella and cholera are spreading

    • The number of patients is increasing but they have less access to on-the ground resources and support

    • It increases the physical distance between available healthcare providers

      • Thus increasing the risk of death for severely injured or labouring women.

        • Especially for those who live in remote areas as transport requires money and time they may not have

        • Some Injured people are forced to walk 160 km to get to the nearest clinic

Legal

  • Sudan is party to Geneva Conventions I - IV, which focuses on the protection of:

    • Armed force members on land and sea, prisoners of war, and the protection of civilians

  • Sudan is NOT a party to the Rome Statute

    • They are not bound by the Rome Statute’s criminalization of sexual violence in war

  • Sudan’s legal system combines English common law and Sharia law

  • Until 2015, rape was defined as adultery or fornication (zina)

    • This was punishable by 100 lashes for unmarried offenders

    • OR death for married offenders

    • To be guilty of zina, a case had to meet these elements:

      • a confession before the court unless retracted prior to execution of the sentence

      • the testimony of four witnesses

      • pregnancy of the woman if she is not married

      • OR an oath where the husband accuses his wife of adultery but there are no witnesses except himself

        • the husband had to repeat his accusation four times, including a fifth time where he prayed Allah’s curse be on him if he was not telling the truth

    • zina must be proven first in order for DNA evidence to be heard by the court.

    • Under this system, it was virtually impossible for a survivor to be proven innocent of a rape/zina charge

      • it also gave rapists impunity UNLESS they voluntarily admitted to the rape

  • While activists were able to get this law reformed so that rape and zina are no longer considered the same issue- the threshold of evidence remains the same

Barriers To Justice

  • Women in Sudan are more likely to be punished for sexual crimes than to be seen as victims

  • Women who report rape and start a court case risk being charged with zina (her allegation is treated as an admission of fault)

    • Married women who report rape are risking the death penalty

      • Though married women have been sentenced to death under zina, it is important to note that Sudan’s Supreme Court has never given its final approval in these cases

  • If the police do not fill out form 8 at the time of reporting (which details injuries like a recent loss of virginity, bleeding, or presence of sperm) the survivor risks being charged with gross indecency

    • Survivors can also be charged with gross indecency if they do not show signs of being forced

    • Under Sudanese law, gross indecency is punished with either a 1-year prison term or a fine

  • Abortion is both criminalized and stigmatized

  • Perpetrators from the police, national security, and army have immunity

How To Help

  • Supplying fuel for ambulances to transfer patients

    • Doctor’s Without Borders has been doing this but more help and resources are needed to support this effort

  • Supplying mass casualty kits

    • More medical supplies are needed

    • More emergency clinics and doctors are needed

  • Food and clean water is needed

  • Generators are needed