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Case Studies in Sanctions and Terrorism: Sudan

Case Studies in Sanctions and Terrorism

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Case 89-3
US v. Sudan (1989–: Human Rights; Civil War; Democracy)

Chronology of Key Events

1983	Civil war breaks out between government forces, insurgents of Sudan People's Liberation Army (SPLA), which receives some assistance from Ethiopia, Cuba. SPLA, composed mostly of non-Moslems from southern part of country, opposes government efforts to impose Islamic law (sharia) over whole country. (National Journal, 10 December 1988, 3130; Congressional Quarterly Weekly, 13 May 1989, 1132–35)
1988	Both sides in civil war are "accused of using food as a weapon, creating a war-induced famine that [leaves] an estimated 250,000 dead" in 1988, threatens as many as 500,000 in 1989. (Congressional Quarterly Weekly, 13 May 1989, 1132; Washington Post, 1 July 1989, A12)
December 1988	US economic, military aid disbursements to Sudan (except for food aid) are frozen because of Sudan's failure for over a year to make $12 million in payments on its debt to US. (Congressional Quarterly Weekly, 13 May 1989, 1135)
Early March 1989	Under pressure from military, which is concerned about recent setbacks, rising costs of civil war, Prime Minister Mahdi forms new government that excludes fundamentalist National Islamic Front (NIF). NIF has recently blocked consideration of peace proposal because it would have prevented full implementation of Islamic laws in Sudan. (Washington Post, 4 March 1988, A18; Congressional Quarterly Weekly, 13 May 1989, 1135)
March 1989	After US administration requests $52 million for Sudan for FY 1990, Congress passes nonbinding resolution, offered by Congressman Gary L. Ackerman (D-NY), Sen. Edward M. Kennedy (D-MA), calling on President George Bush to reconsider extending nonhumanitarian aid to Sudan unless government makes progress in delivering food aid to refugees, negotiating end to civil war. Of total requested, only $10 million in economic support funds, $5 million in military assistance would be affected. Resolution is later attached as amendment to foreign assistance appropriation bill. (Congressional Quarterly Weekly, 13 May 1989, 1133)
30 June 1989	In bloodless coup, group of officers led by Brig. Gen. Omar Hassan Ahmed Bashir overthrows civilian government of Prime Minister Mahdi. US administration reacts cautiously, expressing regret that democratically elected government has been militarily overthrown; one observer notes that Mahdi "just wasn't effective in ending the war or making the economy work. The new leaders have said they intend to make peace in the south. I think everyone is waiting to see if they deliver." (Keesing's 36728; Washington Post, 9 July 1989, A22; New York Times, 16 July 1989, 4)
5 July 1989	Bashir announces that peace talks with SPLA will be held in Ethiopia in August. (Keesing's 37114)
5 December 1989	In Nairobi, second round of talks between Sudan government, SPLA break down when Bashir's government refuses to compromise on application of sharia. Bashir government begins enforcing harsh penalties under sharia, including amputations for stealing; cracks down on dissent, even imposing death penalty against civilian opponents; bans food relief shipments to rebel-held areas in south. (Keesing's 37114; Facts on File, 1990, 23)
28 February 1990	US Agency for International Development announces that no nonhumanitarian aid may be disbursed to Sudan because of amendment to Foreign Assistance Appropriations Act of 1989 barring aid to countries in which democratically elected government has been deposed in military coup (see "Legal Notes"). Amendment, section 513 of act, has been included in every foreign aid appropriation bill passed since 1986. (New York Times, 16 July 1989, 4; Congressional Quarterly Weekly, 13 May 1989, 1135; Washington Post, 24 May 1990, A48)
28 March 1990	Human Rights Watch describes Sudan as “a human rights disaster,” with dramatic increases in human rights violations in northern Sudan (in particular, violations against the non-Muslim ethnic groups as part of an effort to “Islamicize” the country) under the Bashir regime. (Keesing’s 37367; Europa World Yearbook 1997, 3064; Banks, Day, and Muller 1997, 796)
April 1990	Bashir defeats attempted coup, executes 28 military officers within 24 hours of coup attempt, intensifies campaign to suppress dissent. (Washington Post, 24 May 1990, A45)
1990	European Community, citing the Sudanese government’s human rights abuses, freezes non humanitarian assistance to Sudan. (Agence France Presse, 8 February 1993; Inter Press Service, 19 January 1994; Agence France Presse, 16 October 1996)
Fall 1990	A devastating famine hits Sudan. Relief efforts are hampered due to Sudan’s support of Iraq in the Persian Gulf crisis. Chairman of the House Select Committee on Hunger Tony Hall (D-OH) remarks, “I can’t sit here and say we will deny innocent people food, but I can say it will be damn sight more difficult persuading the general public to provide aid for these people.” (Washington Post, 6 October 1990, A22)
November 1990	In the FY 1991 foreign aid appropriations bill, Congress prohibits the provision of International Military Education Training and Foreign Military Financing funds to Sudan. (CRS 1992, 94)
25 April 1991	Because of insufficient protection of workers’ rights, President Bush suspends GSP benefits for Sudan. (CRS 1992, 94)
Winter 1991	The Sudanese government remains highly suspicious of aid agencies volunteering help with the famine crisis. The European Community states its members are “shocked and dismayed at the government of Sudan’s continued failure… to cooperate with donors and non-governmental organizations in implementing measures to ensure that emergency supplies reach the needy populations in time.” By the end of February, the Sudanese government agrees that the crisis will require a large-scale intervention; however, relations between Khartoum and aid organizations remain strained, relief groups have difficulty reaching needy people in time. (Keesing’s 37995; Economist, 19 January 1991, 36; Washington Post, 14 April 1991, A18)
December 1993	United Nations General Assembly passes resolution, with only Iran, Iraq, Libya, Syria, Cuba and Burma voting against, condemning Sudan for human rights abuses. Sudan and the United Kingdom expel ambassadors after Archbishop of Canterbury, Dr. George Carey, changes his travel itinerary, visiting the SPLA south instead of Khartoum. (Europa World Yearbook 1997, 3065; Christian Science Monitor, 24 March 1993, 3)
1 April 1994	US Ambassador to the United Nations Madeleine Albright visits Sudan, criticizes the government’s conduct of the civil war and obstruction of delivery of relief aid to the south; warns that unless Sudan’s human rights situation improves, the country will face “international isolation.” (Europa World Yearbook 1997, 3065)
September 1994	Two years of peace talks over Sudan’s long-time civil war break down when the two sides “adopt irreconcilable positions on southern self-determination and the relationship between state and religion.” (Banks, Day, and Muller 1997, 795)
June 1995	Northern opposition parties ally with the SPLA (also known as SPLM, Sudan People’s Liberation Movement), forming an anti-government alliance, the National Democratic Alliance (NDA). The alliance will allow other Arab states, particularly Egypt, to put pressure on Khartoum without directly supporting the non-Moslem southerners, whose succession to power all Arab states oppose. (International Herald Tribune, 5 February 1997, A1; Financial Times, 24 January 1997, 4)
11 November 1996	The Clinton Administration plans to send $20 million in surplus US military equipment to Ethiopia, Eritrea and Uganda, countries that support Sudanese opposition groups in the civil war. US officials insist that all of the military aid will be nonlethal, such as radios, uniforms, boots and tents. (International Herald Tribune, 11 November 1996, 1)
11 June 1997	The Freedom From Religious Persecution Act, HR 1685, sponsored by Rep. Frank Wolf (R-VA), is introduced in the Congress calling for sanctions against countries where religious persecution is found to exist. The bill singles out Sudan and calls for immediate and comprehensive sanctions on the country. Senator Arlen Specter (R-PA) introduces parallel legislation in the Senate. (Journal of Commerce, 11 June 1997, 2A; 143 Congressional Record, H 5129; Wall Street Journal, 7 July 1997, A20)
4 November 1997	President Clinton, seeking to stave off harsher congressional action, imposes broad sanctions against Sudan by executive order. The action blocks all Sudanese assets in the United States and bars all trade as well as a wide range of financial transactions with Sudan. Exceptions will be made for areas considered key for US national interest; the president mentions the import of gum arabic, a key ingredient in candy among other products, as a possible exemption. State Department spokesman James Rubin states the administration prefers its own sanctions to legislated versions since legislated sanctions “normally lack flexibility.” Furthermore, the action may be an attempt to prevent sanctions on Syria. (New York Times, 5 November 1997, A7; USIS, 4 November 1997)
18 February 1998	The Sudanese Islamic Party enacts a new constitution. Proponents of the new constitution claim that it will allow party politics and greater political freedom. The opposition dismisses these changes as ruse to get western donors to resume their foreign aid to Sudan. (New York Times, 18 February 1998, A3)
2 May 1998	The US asks the Sudanese government to lift its restrictions on the distribution of food and medicine in Southern Sudan and provides $9.2 million of food assistance to the southern region, in danger of starvation. (New York Times, 3 May 1998, 6; USIS, 1 May 1998)
8 May 1998	The House Ways and Means Committee deletes provisions in the Religious Persecution Act which codify sanctions against Sudan—currently imposed by an executive order—and broadens exemptions for Sudanese imports of gum arabic into the United States. Sanctions against Sudan allow for imports of gum arabic until six months after the completion of delivery contracts for 1998. (Inside US Trade, 8 May 1998, 28)
June 1998	After gradually easing restraints, the Sudanese government opens the entire country to new foreign aid. (Washington Post, 7 July 1998, 1)
30 June 1998	President Bashir signs the new constitution. However in the wake of a bombing in Khartoum, Bashir suspends political liberalization. (Washington Post, 3 December 1998, A35; Dow Jones, 2 December 1998)
July 1998	Sudanese government and the southern rebels reach a cease-fire for the famine-ridden southwest region of Bahr el Ghazal that will last until 15 January. (New York Times, 16 January 1999, A4; Washington Post, 14 January 1999, A18)
8 July 1998	The US Agency for International Development (USAID) announces that it will facilitate the allocation of an additional $19.5 million in famine relief for Southern Sudan. The additional funds bring the total US support for the region to more than $75 million. (USIS, 8 July 1998; Washington Post, 7 July 1998, 1)
Late September 1998	Two Sudanese diplomats reportedly hold private discussions with State Department officials. They are told that Sudan must stop supporting terrorism, halt production of chemical weapons, and end the war in the south to normalize relations with the US. Meanwhile, Sudanese Foreign Minister Mustafa Osman Ismail declares that the Sudanese do not want confrontation with the US and are prepared for a “constructive dialogue” with the US on issues of conflict. (Washington Post, 30 October 1998, A35)
January 1999	According to Switzerland-based Christian Solidarity International, it has paid $50 per person to buy the freedom of 1,050 slaves in Sudan this month. (Washington Post, 29 January 1999, A20)
15 January 1999	Sudanese government and southern rebels renew their cease-fire for three more months in Bahr el Ghazal. (New York Times, 16 January 1999, A4)
23 March 1999	An official with the US Agency for International Development tells Congress that the US has given more than $130 million in humanitarian aid to Sudan so far in 1999, bringing the total amount disbursed since 1989 to $750 million. (USIS, 23 March 1999)
23 April 1999	US criticizes the United Nation Commission on Human Rights for leaving the word “slavery” out of a resolution passed on Sudan. The US also hammers the UNCHR for not describing harshly enough the human rights violations of Sudan. (USIS, 23 April 1999)
28 April 1999	President Clinton announces that the US government in the future will follow a policy of usually exempting exports of agricultural goods, medicine and medical equipment from unilateral sanctions. This policy will also apply to existing sanctions cases. Under Secretary of State Stuart Eizenstat explains that approval of exports to countries under US sanctions will occur on a case-by-case basis. Specific licensing rules will be drawn up for each country. Sales will have to be at market price, and cannot be earmarked to the "coercive organs" of the foreign government. National security considerations could also preclude sales, such as if the US or an ally is at war with a foreign country or if US exports would be channeled to specific recipients such as supporters of a given regime. No US financing will be allowed for the sales. The policy change could heavily affect Sudan, which will now presumably be able to receive American food and medical exports once the regulations are drawn up. (USIS, 28 April 1999a; 28 April 1999b; Journal of Commerce, 4 May 1999, 8A)
18 May 1999	US government condemns Sudanese government bombing attacks on two towns in Bahr el-Ghazal, which kill at least one individual. The US maintains that the bombings violate the cease-fire in the region between the government and secessionist rebels. (USIS, 18 May 1999)
13 December 1999	In an attempt to ward off political challenges from the parliamentary speaker Hassan Turabi, Sudanese President Omar el-Bashir declares a 3-month state of emergency and suspends parliament. A month later, el-Bashir consolidates power by removing ten of 25 cabinet ministers and dismissing all state governors. (New York Times, 13 December 1999; Financial Times, 14 December 1999; Washington Post, 25 January 2000)
October 2000	Congress enacts the Trade Sanctions Reform and Export Enhancement Act, which permanently exempts food and medicine exports from sanctions regimes. (CRS 2005, 11)
November 2000	Citing Sudan’s “virtual monopoly on the world’s supply of the highest grade of gum Arabic,” Congress pushes for its exemption from the comprehensive trade restrictions with Sudan. (CRS 2005, 12)
September 2001	Facing pressure from the White House, Republican House leaders pull the Sudan Peace Act from the floor. This legislation would increase US assistance to the opposition SPLA and potentially punish companies doing business in Sudan. (Financial Times, 27 September 2001, 5)
November 2001	Current and former residents of Sudan file a $1 billion class action lawsuit against Talisman Energy under the Alien Tort Claims Act in US federal court. The plaintiffs allege that Talisman, through its oil operations in Sudan, collaborated with the Government of Sudan to commit extrajudicial killings, war crimes, forcible displacement, rape, kidnapping and enslavement. Talisman subsequently disposes of its operations in Sudan. The case drags on for five years without reaching a decision. (Hufbauer and Mitrokostas 2003, 70; Talisman Energy 2005 , 11; Financial Times, 9 November 2001, 6)
26 April 2002	After two trips to Sudan, US Envoy for Peace John Danforth reports his findings to the White House. His recommendations include a plan whereby the Government of Sudan would share oil revenues with rebels and accept international monitoring of religious freedom as part of a “just peace.” Danforth also concludes that the North-South war is un-winnable by either side, and that the US should continue to act as an intermediary. (St. Louis Post-Dispatch, 28 April 2002, A4; New York Times, 14 May 2002)
20 July 2002	Government of Sudan and the SPLA sign the Machakos Protocol after talks in Kenya. This accord addresses the role of state and religion and the right of southern Sudan to self-determination. Though the accord sets a framework for future negotiations, no ceasefire is reached. (State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm; Agence France Presse, 22 July 2002)
21 October 2002	President Bush signs the Sudan Peace Act, which commits the Administration to make semi-annual reports to Congress as to whether “the Government of Sudan and the Sudan People’s Liberation Movement are negotiating in good faith and that negotiations should continue.” If the President cannot make this determination, he must instruct US executive directors of international financial institutions to continue voting against loans, credits and guarantees for Sudan; to consider downgrading diplomatic relations; to take all possible steps to deny oil revenues to Sudan; and to seek a UN Security Council resolution to impose an arms embargo against Sudan. A House version of the bill had included provisions for capital market sanctions on Sudan; the Senate’s deletion of this portion of the legislation was controversial. “A broad coalition, ranging from the Christian right to the Congressional Black Caucus, back the capital market sanctions…But business groups believe the sanctions provisions will set a new precedent for using access to US capital market to enforce a variety of political objectives.” (CRS 2005, 15; International Trade Reporter, 17 October 2002, Vol. 19, No. 41; Inside US Trade, 14 June 2002, 8)
Spring 2003	Sudan Liberation Movement (SLM; also known as Sudan Liberation Army, SLA) and Justice and Equality Movement (JEM) join forces in Darfur and challenge the Government of Sudan, accusing the Government of systematic discrimination against African ethnic groups. The Government dismisses the SLM and JEM as terrorist groups, and begins a scorched earth campaign, encouraging the Janjaweed (Government-supported Arab militias) to target civilian populations suspected of supporting the SLM fighters. Tens of thousands will eventually die and roughly 2 million will be displaced from their homes. (CRS 2005, 2; ICG; State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm)
August 2003	Darfur conflict escalates between SLM and Government of Sudan. Government bombing raids force more than 65,000 Sudanese refugees to neighboring Chad. (Financial Times, 4 June 2004, 3)
September 2003	During talks held in Chad, Government of Sudan and SLM agree to a ceasefire in Darfur. (Financial Times, 4 June 2004, 3)
September 2003	On 9 September, President Bush imposes sanctions on half a dozen countries, including Sudan, for failing to meet minimum human rights standards set out in the Trafficking Victims Protection Act of 2000. Later in the month, Bush moves Sudan from Tier 3 (sanctionable) to Tier 2 (watchlist) status due to significant steps taken by the Sudan Government to fight trafficking. (CRS 2005, 13)
8 April 2004	SLM, JEM and the Government of Sudan sign a ceasefire agreement, with an African Union Military Mission sent to monitor its implementation. (State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm)
18 May 2004	State Department removes Sudan from a list of countries considered “noncooperative” in the war against terrorism. Soon thereafter, Secretary of State Colin Powell declares that normalizing relations with Sudan is contingent on resolution of the Darfur situation. (CRS 2006, 13)
May 2004	“UN warns that the situation is the worst humanitarian disaster facing the world today. International Crisis Group estimates about 30,000 people have died. Up to one million people have been displaced with about 120,000 refugees in Chad, and an additional 350,000 are at risk from starvation and disease. US and other UN Security Council members put pressure on the Sudan Government to end the fighting and to lift restrictions on humanitarian access. (Financial Times, 4 June 2004, 3)
Early July 2004	US Secretary of State Colin Powell and UN Secretary General Kofi Annan visit Sudan during the same week. Both men deliver stern warnings for the Government of Sudan to resolve the Darfur crisis. In a joint communiqué with the UN, Sudan promises to immediately disarm the Janjaweed militias. (New York Times, 1 July 2004, A1; Washington Post, 4 July 2004, A19)
9 September 2004	Before the Senate Foreign Relations Committee, Secretary of State Colin Powell testifies that “genocide has been committed in Darfur and that the Government of Sudan and the Janjaweed bear responsibility—and genocide may still be occurring.” (CRS 2005, 1)
October 2004	After breaches of the April 2004 ceasefire, the African Union increases its monitoring and observer force. (State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm)
9 November 2004	Government of Sudan, SLM and JEM sign two agreements in Nigeria: the Agreement for Enhancing of the Security Situation in Darfur and the Agreement on Humanitarian Situation. The parties commit to reveal the location of their forces to the African Union, and the Government of Sudan agrees to disarm the Janjaweed. (CRS 2006, 5; Washington Post, 10 November 2004, A1; New York Times, 11 November 2004, 9)
December 2004	National Movement for Reform and Development (NMRD) and the Government of Sudan sign a peace agreement in Chad, and a month later the parties agree to begin helping refugees return to Darfur from Chad. The NMRD is an armed group in the Darfur region; its members are said to have been assisted by the Chad Government. (CRS 2006, 3)
23 December 2004	President Bush signs the Comprehensive Peace in Sudan Act, which amends the Sudan Peace Act to allow the President to provide funds “to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur regions” and “to address the humanitarian and human rights crisis in the Darfur region and eastern Chad.” (CRS 2005, 16; White House press release, 23 December 2004)
2005	In an effort to make aid available and promote commerce, Congress passes legislation—the Assistance for International Malaria Control Act; and the Foreign Operations, Export Financing, and Related Programs Appropriations Act—in an attempt to distinguish between the Government of Sudan, the people of Sudan, and the areas of the country outside government control. (CRS 2005, 13, 14)
9 January 2005	Government of Sudan and the SPLM (Sudan People’s Liberation Movement; also known as SPLA) sign the Comprehensive Peace Agreement, which officially ends a 21 year-old civil war by providing for a ceasefire, the withdrawal of troops from southern Sudan, and the repatriation and resettlement of refugees. Under the accord, sharia will apply in the north but not the south. After a six-year interim period of self-rule, the south will hold a referendum to decide whether to remain part of Sudan or secede. (State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm; Washington Post, 10 January 2005, A9)
24 March 2005	UN Security Council Resolution 1590 establishes the UN Mission in Sudan, providing for an initial six month period with 10,000 military personnel and up to 715 civilian police personnel. This Mission will partner with the African Union to support the implementation of the Comprehensive Peace Agreement, facilitate the return of refugees and provide humanitarian assistance. (State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm)
29 March 2005	UN Security Council Resolution 1591 imposes sanctions on Sudan, requiring UN member states to “freeze all funds, financial assets and economic resources” on individuals who “impede the peace process, constitute a threat to the stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities”, or violate the arms embargo in Resolution 1556. However, the sanctions do not take effect for 30 days, which allows ample time for those targeted to safeguard their assets. (CRS 2005, 6; State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm)
31 March 2005	UN Security Council Resolution 1593 refers the situation in Darfur to the Prosecutor of the International Criminal Court. (CRS 2005, 6; State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm)
9 July 2005	Government of Sudan and SPLM ratify the Interim National Constitution (INC), which declares Sudan to be “a democratic, decentralized, multi-cultural, multi-ethnic, multi-religious, and multi-lingual State.” (CRS 2006, 8; State Department background note on Sudan, www.state.gov/r/pa/ei/bgn/5424.htm)
30 July 2005	First Vice President and Chairman of the SPLM, Dr. John Garang, dies in a plane crash in southern Sudan. (CRS 2006, 9)
September 2005	Breaking the first major ceasefire violation in over a year, SLM and Government of Sudan forces collide again in Darfur. (CRS 2006, 3)
10 March 2006	After securing the permission of the Government of Sudan, the African Union agrees to transfer its Darfur mission to the United Nations if a peace deal is reached. (Financial Times, 13 March 2006, 5)
14 April 2006	Chad President Idriss Deby announces he will cut diplomatic ties with Sudan. This comes a day after Chad troops fought off an insurgent attack in N’Djamena, which Deby claims was backed by Sudan. Deby later threatens to expel the Sudanese refugees living in Chad. (Financial Times, 15 April 2006, 7; Washington Post, 18 April 2006, A16; Agence France Presse; 19 April 2006)
25 April 2006	UN Security Council imposes a travel ban and orders the freezing of assets of a senior Sudanese air force officer and three other Sudanese nationals accused of war crimes and impeding the peace process in Darfur. (Washington Post, 26 April 2006, A26)
26 April 2006	Sudan rejects a US-backed plan to send 15,000 UN and NATO troops to replace the 6,000 person African Union force. (Washington Post, 27 April 2006, A21)

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