Sudan War: Internet Shutdown Violates International Law

Since April 2023, the Rapid Support Forces (RSF) and the Sudan Armed Forces (SAF) have been using internet shutdowns as a weapon to block the flow of information in areas controlled by the opposition, exacerbating an already dire humanitarian situation. This conflict has resulted in the deaths of at least 13,000 people and the displacement of over 9 million internally displaced persons, making it the world’s largest internal displacement crisis.

The ongoing internet shutdown since February 2024 poses a significant challenge for humanitarian aid and emergency support. Many Sudanese embassies and consulates have suspended consular services for the Sudanese community due to the blockage. Obtaining information about safe routes or transferring money through electronic wallets, which many Sudanese rely on, has become more problematic. The inability to contact loved ones, check on their well-being, or know their whereabouts only deepens the suffering.

The internet shutdown began on February 2, 2024, after reports of RSF seizing data centers of internet service providers (ISPs) in the capital, Khartoum, causing disruptions in access to the network in various parts of the country. Cloudflare Radar data confirms significant disruptions in internet connectivity from 4:15 PM local time on February 2, including the complete shutdown of services by MTN Sudan and Sudatel Group. Internet Outage Detection & Analysis (IODA) data also shows a decline in internet connectivity for MTN and Sudatel around 4:30 PM local time on February 2.

Following the disconnect of MTN and Sudatel from the switchboards in Khartoum, the RSF attempted to force companies to comply with their orders to shut down internet access through sabotage of Zain’s equipment and threats to destroy additional communication infrastructure. This was in response to reports of internet service shutdowns by SAF in Darfur for several weeks.

The internet access disruption in Sudan persists to this day, with reports suggesting almost total communication shutdown. According to data from Cloudflare Radar, the internet shutdown began after the leading internet service provider, Zain Sudan, was shut down a few hours before midnight on February 6. Further reports indicate two total internet shutdowns on February 6 in the port of Suakin on the Red Sea. This blockade worsens the significant humanitarian challenges in the area, where thousands of internally displaced people and many UN representatives and government officials are present. The leading internet service providers in Sudan – Zain Sudan, Sudani, and MTN Sudan – have apologized to users for the disruptions in services but have not provided any explanations or forecasts regarding the restoration of connectivity.

Given the escalation of the conflict and the deteriorating security situation, the people of Sudan must remain connected to each other and the rest of the world. Internet access is essential for sharing information about safe places and routes to secure shelter, enabling access for emergency services and humanitarian aid, as well as documenting cases of victims and human rights violations.

Signed organizations strongly condemn internet shutdowns during conflicts and call for a peaceful resolution to the current conflict and instability in Sudan.

Sudan’s Troubled History of Internet Shutdowns Reveals Human Rights Violations

Sudan has a history of shutting down the internet during civil unrest and political turmoil to control the flow of information and suppress opposition. In 2022, the military regime shut down internet access at least four times during protests that broke out after the military coup in 2021, including during anti-government protests on June 30, which resulted in at least nine fatalities. During the coup itself, the authorities shut down the internet five times to cover up accompanying crimes and human rights abuses.

But Sudan’s history of shutdowns is not limited to the current military regime. The internet was shut down twice in 2020, and in June 2019, access to the network was blocked for a week during the tragic massacre in Khartoum, which resulted in at least 100 deaths, over 700 injuries, and over 70 cases of rape.

Shutdowns Violate International Human Rights Standards

Disrupting access to the internet and deliberately destroying civilian telecommunications infrastructure as a form of collective or retaliatory punishment is prohibited by international humanitarian law. Shutting down the internet and telecommunication services during conflicts that endanger civilian safety have been subject to investigation by the International Criminal Court regarding killings and persecution of civilians, as potential crimes against humanity.

In light of widespread reports of ongoing atrocities, the ICC initiated a new investigation into Sudan in July 2023. The UN Human Rights Council also established an independent international investigative mission in October 2023 to examine alleged human rights abuses and war crimes in Sudan. This emphasizes the importance of maintaining communication channels for documenting abuses and potentially deterring further crimes. As such, internet service providers and companies should contribute to preserving and providing relevant evidence while respecting international humanitarian law and International Human Rights Law.

Article 57 of the Sudanese Constitution guarantees every citizen the right “to access the internet, without prejudice to public order, security, and morality in accordance with the law.” The International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights recognize the right to access information and freedom of expression, assembly, and access to information, which states are obliged to protect at all times, both online and offline. Finally, the Declaration of Principles on Freedom of Expression and Access to Information in Africa from 2019 urges states to “refrain from or tolerate” internet shutdowns.

The source of the article is from the blog elektrischnederland.nl