Sudan’s Anti-Trafficking Efforts Raise Concerns Over Lack of Fair Trials and Impunity
Khartoum, Sudan - Despite efforts to combat human trafficking, concerns remain over the lack of respect for fair trials and impunity for officials involved in the trade.
Convictions and Sentences
According to the latest US Trafficking in Persons report, seven traffickers were convicted under Sudan’s 2014 anti-trafficking law. The sentences ranged from three years to death. However, this development has raised concerns that the death penalty might be increasingly imposed, not least to demonstrate that Sudan is taking effective action against trafficking.
Lack of Provisions for Victims
The report also highlights long-standing concerns over the lack of provisions in Sudan’s legal system to guarantee rights under articles 7 and 8 of the International Covenant on Civil and Political Rights. This includes:
- The absence of adequate protection and services for victims
- The right of foreign trafficking victims to stay in the country
- Adequate protection against refoulement
Investigations and Prosecutions
The government has reportedly investigated close to a hundred trafficking cases, but only two officials have been prosecuted and convicted: a police officer and an army colonel. This is a small number considering the widespread reports of official involvement in trafficking, as well as corruption and other illicit activities.
Impunity for Officials
Accountability for officials accused of violations such as torture or trafficking is conditional on immunity provisions that shield members of law enforcement agencies and army personnel from prosecution. It is highly unlikely that members of the Rapid Support Forces (RSF) operating in border areas or other security agents face the risk of prosecution for complicity in trafficking.
RSF Involvement
The RSF has been accused of organizing trips, often supplying camouflaged vehicles to ferry migrants through the desert. After being handed over to Libyan militias in Kufra and Sabha, many migrants are then systematically tortured and held for ransom money that is later shared with the RSF.
Limited Prosecutions
The limited prosecutions for trafficking do not indicate a firm commitment by the Sudanese government to end impunity for violations of human rights law.
Training and Capacity Building
In addition, the training provided to Sudanese law enforcement officers on combating trafficking may contribute to building their capacity to undertake investigations, but does not suffice to put in place an anti-trafficking system that operates in compliance with Sudan’s obligations under the Covenant.
Reforms Needed
Reforms are needed to amend the 2014 anti-trafficking law to bring it fully into line with the Palermo Protocol and Sudan’s obligations under the Covenant. The repeal of immunity provisions in various laws is also necessary to enable prosecutions against officials complicit in trafficking and other related violations.
Call for Action
Sudanese authorities must take immediate action to address these concerns and ensure that anti-trafficking efforts are carried out in a manner that respects human rights and upholds the rule of law.