UN report on human rights situation in Sudan
Jan 30, 2006 (KHARTOUM) — Attached the second periodic report of the
United Nations High Commissioner for Human Rights on the human rights
situation in Sudan.
This report makes five key recommendations, listed below, to assist
Sudan in meeting its international and domestic human rights
obligations. To effectively implement these recommendations it will be
necessary for Sudan to set concrete tasks and timelines for meeting
specified goals. The government should also seek assistance and
expertise from national and international human rights experts.
Ending the culture of impunity throughout Sudan
In areas where peace has taken hold in Sudan, the Government should
focus on implementing a new culture of accountability. The judiciary
must be adequately financed, reformed, and staffed with professionals.
Immunity laws for state agents, regardless of their official status or
function, should be revoked. This is particularly true for personnel
with powers of arrest and detention such as National Security and
police personnel. Law enforcement and military forces in Southern
Sudan and the transitional areas should be held accountable for their
actions. With regard to Darfur, in addition to ending impunity and
reforming the National Security Service, the Government should cease
its attacks on civilians, disarm militias, and install an active,
professional, well-trained law enforcement system in Darfur with
adequate resources.
Those who have not yet been held accountable for the commission of
prior crimes, including those relating to the 21-year civil war,
should be brought to justice. This should be one of the foundational
components of the reconciliation process called for in the CPA. The
National Human Rights Commission envisaged in the Interim National
Constitution could play an important role in mapping out these crimes
and proposing relevant mechanisms for establishing accountability.
The Sudanese Government has made numerous commitments to ending
impunity in Darfur and established a variety of accountability and
investigatory mechanisms. While these are welcome initiatives, the
measures taken to implement them have been highly insufficient and
reflect an inability or unwillingness to prosecute perpetrators of
human rights abuses and violations of international humanitarian law.
The Government should consider working in cooperation with the
International Criminal Court (ICC) to bring about justice for crimes
related to the conflict that began in 2003. Meanwhile, the Government
should start to use its domestic legal system more effectively.
National Security reform
The Interim National Constitution envisaged reform of the National
Security organs that are critical to improving the situation of human
rights in Sudan. The National Security Service should be stripped of
it abusive and unchecked powers of arrest and detention. This must
include nullifying their immunity protections in domestic law. Similar
reform is needed for the police and armed forces.
Respecting economic, social, and cultural rights
Sudan must start to progressively realize the economic, social, and
cultural rights of its people. Conflict in Sudan was initially sparked
in response to practices of marginalization and discriminatory
resource allocation. The wars that followed resulted in further
devastation to health, education, and living conditions. To remedy
this, resource allocation must be fair, transparent,
non-discriminatory, and involve the effected communities. The
Government should also permit and facilitate the assistance of
humanitarian and development assistance, especially where it is unable
to provide the required services itself.
A free civil society
The Government must allow civil society to function freely.
Restrictions on the creation and activities of media outlets and
associations, including political parties and unions, should be the
exception rather than the rule.
Making effective use of the national law reform committee
In late October 2005, the Ministry of Justice established a committee
for law reform with a mandate to review the compatibility of domestic
legislation adopted from 1901 to 2005 with the Interim National
Constitution. This process should result in the harmonization of
Sudan’s domestic legislation with its obligations under international
human rights law. For the committee to be successful in this respect,
it must rely on the expertise and advice of national and international
human rights experts. In addition to reforming the specific laws
mentioned in this report, the committee should strengthen, inter alia,
non-discrimination laws and those pertaining to the rights of women,
as envisaged under international human rights treaties.