Evidence of ethnically motivated atrocities presented to the African Commission on Human and People's Rights (ACHPR)

In March 2025, Rights for Peace presented evidence on identity-based violence in oral hearings of the Fact-Finding Mission on Sudan, established by the African Commission for Human and People’s rights.

The African Commission on Human and Peoples' Rights (ACHPR) established a Joint-Fact-Finding Mission on the human rights situation in Sudan by a resolution adopted in August 2024. The Fact-Finding Mission is jointly mandated by the African Union Department of Political Affairs, Peace and Security, and responds to the the request of the AU Peace and Security Council (PSC) that the AU Commission and the ACHPR coordinate to investigate and make recommendations on protecting civilians in the ongoing Sudan conflict.

More politically accepted in the region than its UN counterparts, the ACHPR called on the Government of Sudan and neighboring States to cooperate with the Commission to authorize the fact-finding mission. Its UN counterpart, established by the UN Human Rights Council in Geneva has thus far been denied access to the territory.

The African Mission has a short mandate - initially set up for three months and renewed for a further six. It operates in a hybrid format, consisting of an on-site investigation in a designated area of Sudan and/or neighboring States as well as remote investigation, including receipt of written submissions and remote oral testimony.

The mission's main objectives are to:

✅ Investigate and document human rights violations committed during Sudan's conflict

✅ Assess Sudan’s compliance with its obligations under the African Charter on Human and Peoples’ Rights

✅ Identify perpetrators of war crimes, crimes against humanity, and other abuses

✅ Make recommendations to the AU and Sudanese authorities on justice, accountability, and reparations

✅ Collaborate with other international bodies, including the UN, African Court on Human and Peoples' Rights, and ICC

RfP presented evidence of crimes committed in Sudan and testified in collaboration with national partners on behalf of a group of victims - victims of ethnically targeted violence. In our submission, Rights for Peace presented evidence of killings, arbitrary detention, forced disappearances, torture, sexual violence, and conditions to bring about the destruction of a group, potentially amounting to acts of genocide.

Brutal attacks on civilian populations, targeted specifically as a result of their identity is a critical issue that is repeated all over Sudan. Contributing to such mechanisms marks a significant step toward ensuring accountability and fostering stability in Sudan. It provides a factual foundation for the deployment and enforcement of legal mechanisms capable of addressing the region’s problems.

What can the ACHPR do in relation to Sudan?

Sudan, as an AU member, falls under the jurisdiction of the ACHPR, which is responsible for monitoring human rights compliance in African states. Individuals and NGOs can submit complaints about human rights violations to the ACHPR. While the ACHPR cannot refer cases against Sudan to the African Court on Human and Peoples’ Rights  because Sudan has not ratified the Protocol establishing the Court, the ACHPR can make recommendations, but its decisions are not legally binding like a court ruling.

Nonetheless, the ACHPR can establish facts that allow other entities to increase their reach and impact of their accountability tools.

For instance, Sudan is hopeful of a review of its suspension from the African Union, that was imposed in October 2021, following the military coup led by General Abdel Fattah al-Burhan. Recommendations of the ACHPR's could ensure that the suspension continues and that other measures are also ramped up.

Recommendations the ACHPR could make include:

1. Highlighting at-risk groups of civilians targeted by the warring parties including heinous ethnic and gender-based violence as well as brutal persecution of political groups. 

2. Recommending the establishment of an independent hybrid court, arms embargoes, and further sanctions, calling on other international and regional bodies to enforce and strictly monitor these.

3. Recommend that the AU Peace and Security Council (PSC) unite with IGAD behind a strong resolution to:

   
   

   1. Impose further sanctions and an arms embargo on individuals, entities and the State of Sudan respectively for human rights abuses and breaches of international peace and security, including individual travel bans, asset freezes and continued suspension of AU membership,

   2. Call on the UN to expand its sanctions regime

   3. Engage Egypt, Ethiopia, and South Sudan to ensure that regional powers align with AU decisions,

   4. Work with China and Russia, to highlight that continued instability threatens investments in Sudan’s oil and infrastructure.

   5. Work with Gulf States (e.g., UAE, Saudi Arabia) to push Russia and China toward supporting a UN resolution.

      
      

4. Recommend that IGAD step up diplomatic pressure and back AU efforts to take measures against individuals impacting regional stability, peace and security.

Given that the mandate of the Fact-Finding Mission was renewed for six months starting from November 2, 2024,  it is anticipated that the final report may be published in May 2025.

Groups at risk of mass atrocities in Sudan.pdf

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