Sudan

Sudan reforms harsh Islamist legal code

After more than 30 years of Islamist rule, Sudan's interim Sovereignty Council has unveiled a sweeping reform of the sharia-based legal code. Announcing the changes, Justice Minister Nasredeen Abdulbari told the BBC, "We are keen to demolish any discrimination that was enacted by the old regime and to move toward equality of citizenship and a democratic transformation." He said the amendments aim to bring Sudan's laws in line with the Constitutional Declaration that established the country's transitional government a year ago, and included guarantees for basic rights and freedoms. Most significantly, the amendments abolish the crime of "apostasy"—meaning conversion from Islam, which had carried the death penalty and was widely used to target political opposition.

Darfur war crimes suspect transferred to Hague

Sudanese militia leader and war crimes suspect Ali Kushayb has been arrested, the International Criminal Court (ICC) announced June 9. Kushayb surrendered to authorities in a northern area of the Central African Republic, near the border with Sudan. This comes more than 13 years after the arrest warrant was issued. The warrant details 22 charges of crimes against humanity and 28 war crimes charges, including murder, rape and pillage. The warrant further claims Kushayb commanded thousands of Janjaweed militia fighters from 2003-4, personally taking part in the rape and murder of civilians during the Darfur conflict. He also held commanding positions in Sudan's Popular Defense Forces and the Central Reserve Police.

Clashes threaten Sudan democratic transition

Recent inter-communal fighting in Darfur and Kassala State threatens Sudan's fragile democratic transition, United Nations officials warn. The government has dispatched the army and paramilitary Rapid Support Forces (RSF) to South Darfur and Kassala states to quell the fighting. In a national address, Lt. Gen. Abdel Fattah al-Burhan, head of the joint civilian-military Sovereign Council that is responsible for Sudan's transition to democracy, said that the security forces would act decisively "to secure the country, lives and property."

SCOTUS: Sudan liable for terrorism damages

The US Supreme Court ruled May 18 in Opati v. Republic of Sudan that the Foreign Sovereign Immunities Act (FSIA) permits a punitive damages award against Sudan for the role it played in 1998 al-Qaeda bombings at the US embassies in Kenya and Tanzania. Following the bombings, victims and family members sued Sudan under the "state-sponsored terrorism exception" to the FSIA, but the act at the time included no provision for punitive damages in suits filed under the "exception." Congress amended the act in 2008 to allow punitive damages in such cases. A district court in 2017 awarded a $6 billion judgment against Sudan, but the US Court of Appeals for the District of Columbia ruled that the amendment did not allow plaintiffs to seek damages for attacks that occurred before its enactment. The Supreme Court disagreed, and held that Congress intended the amendment to apply retroactively.

Sudan outlaws female genital mutilation

Sudan's new government officially criminalized female genital mutilation (FGM) on April 29. The change is the result of an amendment to Sudan's Criminal Law Article 141. The act is defined as removing or reshaping "the female genitalia by cutting, mutilating or modifying any natural part of it leading to the full or partial loss of its functions." The punishment for committing female genital mutilation is to be three years imprisonment as well as fines.

Internationalization of Libya war

A senior UN official charged Feb. 16 at a press conference in Munich that numerous countries are violating the Libya arms embargo and that they must be held accountable. UN Deputy Special Representative to Libya Stephanie Williams said that "the arms embargo has become a joke." Williams' comments follow a UN Security Council resolution passed just a week earlier expressing "grave concern" for the humanitarian situation in Libya, noting especially "deteriorating living standards and insufficient provision of basic services" and "the situation faced by migrants, refugees, and internally displaced people." The Libyan National Army (LNA), led by Khalifa Haftar, has been fighting with the internationally recognized Government of National Accord (GNA) for control of Tripoli since April of last year. Russia, Egypt and the UAE are said to be supporting the LNA, while Turkey supports the GNA. Foreign powers are violating the arms embargo "by land, sea and air," Williams said. (Jurist)

Africa mining confab urged to address human rights

Amnesty International on Feb. 3 urged participants in an international mining conference in South Africa to address human rights violations. African Mining Indaba, a conference centered on promoting the industry on the continent, is set to run this week, but several civil organizations, including Amnesty, are holding their own conference for the eleventh time to bring attention to claims of rights violations in the mining industry in Africa. Amnesty director for East and Southern Africa Deprose Muchena said in statement: "From child labour in the Democratic Republic of Congo to squalid living conditions for workers at South Africa's Marikana mine, the mining industry is tainted with human rights abuses. Mining firms have often caused or contributed to human rights abuses in pursuit of profit while governments have been too weak in regulating them effectively."

Court hears arguments on Trump's travel ban

The US Court of Appeals for the Fourth Circuit in Richmond, Va., began hearing oral arguments Jan. 29 in International Refugee Assistance Project v. Donald Trump, a case challenging the administration's travel bans. The plaintiffs, led by IRAP, argue that, despite the Supreme Court ruling in Trump v. Hawaii, their challenge is not barred. They contend that the high court simply addressed the preliminary injunction, and not the merits of the overall travel ban. The case challenges the proclamation Protecting the Nation from Foreign Terrorist Entry into the United States, Executive Order 13780. The plaintiffs are asserting that the proclamation is unconstitutional, while the Trump administration argues that Trump v. Hawaii settled the constitutionality of the proclamation.

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