Brains Like a Shoe

Sudanese women registering to vote

First posted at Save Darfur…

A new report by the Carter Center on Sudan’s elections expresses grave concerns about recent security crackdowns. The report should serve as an urgent wake-up call for the international community that the necessary conditions for free and fair elections currently do not exist in Sudan. Instead, the lack of political freedoms and the gross registration violations, especially in Darfur, shed clear light on the ruling National Congress Party’s intentions for these elections: a fraudulent process designed to legitimize its undemocratic, repressive and genocidal rule.

Jerry Fowler, Save Darfur’s president, stated in a press release today:

The Carter Center’s report came as no surprise. Sudanese civil society and opposition leaders for the last two weeks have been speaking out loudly about the gross human rights and elections violations of a repressive regime. By and large, the international community has remained quiet while these activists and opposition leaders have been threatened, harassed, and beaten throughout Sudan. The situation, as the Carter Center report acknowledges, is even more severe in Darfur. The heavy military and intelligence presence at the registration sites and the lack of even the basic freedoms make it impossible for the people of Darfur to participate in a credible elections process.

Given the alarming nature of the Carter Center’s report, Save Darfur has urged the U.S. Special Envoy to Sudan, General Scott Gration, to work with his international counterparts and demand answers from the Sudanese government on the following issues:

Lack of Basic Freedoms. Several recent incidents – such as the crackdown on protesters in Khartoum and the beating and detentions of journalists – have clearly demonstrated the lack of political rights and freedoms in Sudan necessary for free and fair elections.

The Carter Center reported:

• [T]he Center…expressed serious concerns about incidents that undermine political rights and fundamental freedoms in Sudan, including: arrests, detention and harassment of civil society and political party members for constitutional and peaceful activity in Khartoum and other cities by security services, and attacks on the National Congress Party (NCP) premises in Wau and Rumbek.
• The Center is gravely concerned by the recent action of the security forces in Khartoum to restrict legitimate activity related to the exercise of freedom of assembly, association and speech. The Center urges the Government of Sudan to cease arbitrary arrests and to release persons detained while conducting peaceful political activities.
• According to a directive issued by the Ministry of Interior on September 17, 2009, notification by a political party of intention to hold a rally is sufficient for such an event to go ahead. The Ministry should urgently clarify procedures for the holding of political rallies and events. In addition, the Ministry and other officials should take immediate steps to ensure the necessary authorizations for such public events. The Government of Sudan should take all necessary steps to investigate claims of police brutality and take swift action against officials who are found to have perpetrated or permitted unwarranted acts of violence against civilians. If the police are to be perceived as a credible and neutral force in managing elections security, constitutional standards and freedoms must be respected.
• In Southern Sudan, the Government of Southern Sudan should take action to ensure that political party pluralism is fully protected. This must extend to the activities of all parties, including the NCP in Southern Sudan. The arson of the NCP’s office annex in Wau and the looting and attempted arson of the NCP’s premises in Rumbek are criminal acts. The Government of Southern Sudan should pursue the perpetrators without delay to the full extent of the law. Obligations in public international law lay out the need for investigation by the government and redress in any cases of violations of human rights.

Limitations/Obstruction/Intimidation in Darfur. The Carter Center observers were not able to fully assess the registration process due to several security limitations. It is reported that many Darfuris chose not the register due to the presence of Sudanese government armed forces at numerous registration sites, in addition to the wariness about a free and transparent election process.

The Carter Center reported:

• Due to security limitations in Darfur, Carter Center observers were not able to travel as widely as would be necessary to fully assess the quality and inclusiveness of the registration process throughout the region…State elections committees in Darfur were not able to access all areas of the region, particularly those not under government control, and the armed movements did not encourage registration activity. State elections committees did not and were not able to visit all IDP camps, which partially accounts for the relatively low rate of registration in the three states. Registration is a voluntary exercise and some IDPs in Darfur chose not to participate.
• In areas visited by the Carter Center mission, observers reported that Sudanese Armed Forces military units, Sudanese police, and agents of the National Intelligence and Security Service (NISS) were present at registration centers. Electoral authorities confirmed the presence of NISS agents at many registration centers. In some instances, NISS agents were actively engaged in the registration process, e.g. by laminating voter registration receipts, a practice which undermined the independence of the electoral management authorities, and which raises questions about the role of NISS in the electoral process. In North Darfur, Center observers reported the presence of vehicles with heavy mounted weapons (technicals) outside of registration sites, in a show of force that may have intimidated registrants.
• Given the possibility of heightened tensions in the run-up to the elections, the NEC and state elections committees in Darfur should take immediate action to ensure that the presence of security forces is sufficient to ensure public order, but limited to their appropriate role. The security services should not execute tasks that are the specific responsibility of the elections committees.
• Most importantly, political actors must take immediate steps to build the foundations of a genuine political settlement in Darfur in advance of next year’s elections. The state of emergency and extreme limitations on freedom of assembly and association stifle a free and open campaign process. The NEC and GONU must take urgent steps to implement broad civic education programs, lift restrictions on the freedoms of assembly and association, and ensure that civil society organizations can fully participate in the electoral process. These steps are critical to ensuring that the citizens of Darfur can meaningfully participate in Sudan’s electoral process, as required by Sudan’s national and international obligations.

Accreditation for Election Observers. The lack of clarity in procedures has placed an undue burden on domestic observer groups in applying for accreditation, as well as on registration officials in allowing observers access to the process. It is critical that no Southern or Northern Sudanese government officials interfere with the election monitoring process.

The Carter Center reported:

• The lack of clarity in procedures placed an undue burden on domestic observer groups in applying for accreditation, as well as on registration officials in allowing observers access to the process. The NEC should take steps to facilitate simple and fast accreditation procedures for domestic observers for the remainder of the electoral process, as the right for domestic observers to participate in Sudan’s electoral process is a key component of both national laws and international obligations.

Suspicion of Voter Intimidation: Alarming reports from the Carter Center may point to a larger plan to rig the elections or intimidate voters on election day.

The Carter Center reported:

• Some parties, principally the NCP, collected voter registration receipts, and/or recorded the registration numbers and corresponding identifying details of registrants. While not in violation of the electoral law, party agents did not appear to explain that this practice was not an official step of the registration process, resulting in confusion for many registrants. Carter Center observers also observed representatives of the SPLM and NCP laminating registration slips and directly participating in registration activities. Such organized political party activity in close proximity to registration centers was problematic. In the future, political parties should ensure that their members do not engage in activity that could undermine public confidence in the integrity of the electoral process. For the polling period, the NEC should consider specifying a minimum distance from which political parties are allowed to operate, and should clearly delineate activities that are not permissible within the vicinity of polling centers (though allowing the activity of accredited political party agents).