A/HRC/24/31
A/HRC/24/31Advance Unedited Version / Distr.: General
10 September 2013
Original: English
Human Rights Council
Twenty-fourth session
Agenda item 10
Technical assistance and capacity-building
Report of the Independent Expert on the situation of Human Rights in Sudan, Mashood A. Baderin[*]
SummaryThe present report is submitted pursuant to Human Rights Council resolution 21/27 in which the Council extended the mandate of the Independent Expert on the situation of human rights in the Sudan and requested him to submit a report for consideration by the Council at its twenty-fourth session. In this report the Independent Expert provides an overview of the general human rights situation in the Sudan, outlines the major human rights challenges faced by the Government as well as the progress made in meeting these challenges. The report also identifies areas of technical assistance and capacity building needs of the Government and provides a set of recommendations addressed to the Government, the international community civil society organisations, and the armed movements in the Sudan.
Contents
ParagraphsPage
I.Introduction...... 1–53
II.Working methodology and approach...... 6–103
III.Background...... 11–154
IV.Assessment of progress made by the Government towards improving
thesituation of human rights...... 16–225
A.Implementation of UPR recommendations...... 18–196
B.Legislative and institutional development...... 20–216
C.Adoption of 10-Year National Action Plan for the Protection
of Human Rights ...... 227
V.Main human rights challenges...... 23–737
A.Curtailment of activities of civil society organisations...... 25–267
B.Press censorship...... 278
C.Arbitrary arrests and detentions...... 28–318
D.Freedom of religion...... 329
E.The National Security Act 2010...... 339
F.Women and children’s rights...... 34–359
G.Armed conflicts and protection of civilians...... 36–5110
H.Humanitarian aid and access to victims...... 5213
I.Economic, social and cultural rights...... 53–5413
VI.Assessment of technical assistance and capacity building needs...... 55–7313
VIIConclusions and Recommendations...... 74–8517
A.Recommendations to the Government of the Sudan...... 78–8118
B.Recommendations to the international community...... 82–8319
C.Recommendations to civil society organisations...... 8420
D.Recommendation to armed movements in the Sudan...... 8520
I.Introduction
1.The present report is submitted pursuant to Human Rights Council Resolution 21/27 of 15 October 2012. In this resolution, the Council renewed the mandate of the Independent Expert on the situation of human rights in the Sudan and requested him to continue his engagement with the Government of the Sudan with a view to implementing the projects that will further help the Sudan to fulfil its human rights obligations, and to report to the Council at its twenty-fourth session. The Council further requested the Government of the Sudan to grant the independent expert access to the whole country, in particular Darfur, South Kordofan and Blue Nile states in order to verify and assess the situation of human rights, to determine technical assistance needs.
2.This report covers the period from October 2012 to July 2013 and contains a set of recommendations addressed to the Government of the Sudan, the international community, civil society organisations and the armed movements in the Sudan.
3.In compliance with the code of conduct for special procedures mandate holders of the Human Rights Council, a draft of the report has been shared with the Government of the Sudan to allow it the opportunity to comment on the findings and observations of the Independent Expert.
4.The Independent Expert would like to thank the Government of the Sudan for its continued cooperation and support in the implementation of his mandate. During the reporting period, the Government granted access and facilitated the Independent Expert’s visit to Darfur, North Kordofan and Blue Nile states. The Government also allowed access to all officials the Independent Expert had expressed the wish to meet and to all institutions and places necessary for the discharge of his mandate. The Independent Expert could, however, not visit South Kordofan state due to security reasons.
5.The Independent Expert also expresses his gratitude to the African Union United Nations Hybrid Operation in the Sudan (UNAMID), the United Nations agencies operating in the Sudan, members of the diplomatic community, civil society organisations and all other groups and individuals who provided assistance, information and shared experiences with him.
II.Working methodology and approach
6.The Independent Expert undertook two missions to the Sudan during the reporting period and visited Khartoum, North and South Darfur, North Kordofan and Blue Nile states. During these visits, he focused on assessing the effectiveness of institutions responsible for promoting and protecting human rights and the rule of law including the National Commission for Human Rights, the National Legislature, the Judiciary, law enforcement agencies, and civil society organisations, in order to determine their technical assistance needs in the field of human rights.
7.In Khartoum, the Independent Expert held wide ranging discussions with senior government officials including the Minister of Justice, the Minister of Interior and the Under-Secretary for the Ministry of Foreign Affairs. He was apprised of the human rights situation in the country by the Rapporteur and members of the Advisory Council for Human Rights (ACHR) and was encouraged by their response to some of the issues he raised. He also had frank and fruitful discussions with the Director of the National Security Service (NSS) and the Deputy Director General of Police. He interacted with the Chief Justice and members of the Supreme Court, the Chairwoman and members of the National Commission for Human Rights, members of the National Press Council and the Unit for Combatting Violence Against Women and Children. The Independent Expert also met with civil society organisations, human rights defenders and victims of human rights violations, some of whom shared their personal experiences with him. He met with members of the diplomatic community, representatives of opposition political parties, and some staff members and students of the University of Khartoum and received valuable information on the human rights situation in the country.
8.In Darfur, the Independent Expert met the Governors of North and South Darfur states, the Head of the Security Commission of the Darfur Regional Authority (DRA), the Head of the North Darfur Judiciary, the Special Prosecutor for Darfur Crimes, the North Darfur General Prosecutor, the State Minister for Social Affairs, the Police Family and Child Protection Unit, officials of UNAMID and UN agencies in North and South Darfur. He also had fruitful meetings with human rights defenders and representatives of civil society organisations in the two states. He visited two camps for internally displaced persons, namely the Abou Shouk IDP camp in North Darfur and the Otash camp in South Darfur, and witnessed first-hand the deplorable living conditions of the residents. He also visited the Centre for Peace Studies and Human Rights at the Al-Fasher University in North Darfur and discussed the role of academic institutions in the promotion and protection of human rights in the Sudan.
9.In North Kordofan, the Independent Expert met with the deputy Governor and other state officials. He visited a temporary shelter for displaced persons and a religious centre which was attacked by rebels in April 2013. In Blue Nile State, the Independent Expert held meetings with the Governor and other state officials including the head of Humanitarian Aid Commission (HAC). He also had fruitful discussions on the humanitarian situation with UN agencies working in the state.
10.The Independent Expert notes that the recommendations made at the 2011 universal periodic review (UPR) of the Sudan continue to serve as the main entry point for the implementation of his mandate. In his engagement with the Government and other stakeholders, the Independent Expert stressed his result-oriented approach to the implementation of the mandate which entreats the Government to publish periodic reports of tangible results and progress made in the implementation of the UPR recommendations.
III.Background
11.A mixture of political, social and economic challenges has adversely affected the general human rightssituation in the Sudan. The country has suffered from two long civil wars that have not fully ended to date. The Darfur conflict, which erupted from 2003, has been a major human rights tragedy for the country. Darfur continues to be characterized by widespread human rights violations and large-scale civilian displacements due to the persistence of continued fighting between the Sudanese Armed Forces and armed opposition groups in the region. Up to 1.9 million people are still displaced throughout the region, relying on humanitarian agencies to provide basic services.The Darfur Peace Agreement (DPA) signed in 2006 between the Government of the Sudan and a faction of the Sudan Liberation Army (SLA) did not succeed in ending the conflict. Political progress has however been made with the signing of the Doha Document for Peace in Darfur (DDPD) between the Government and some of the armed opposition groups. The DDPD remains the only viable roadmap for peace in Darfur despite its very slow implementation.
12.The North-South Comprehensive Peace Agreement (CPA) of 2005 had also raised hopes for a lasting peace in the country and paved the way for the independence of South Sudan in 2011. Yet the Sudan continues to face a number of new challenges following the independence of South Sudan due to a number of thorny issues left unresolved under the CPA. While some progress has been made in legislative and institutional reforms under the CPA, the overall democratic transformation of the country has remained precarious. Sudan has yet to pass a new permanent constitution following the secession of South Sudan and public debate over the constitution is proceeding amid increasing polarization over issuessuch as the role of religion in the country, decentralisation of power and wealth sharing between the different regions of the Sudan. This period provides an opportunity for the country to adopt a permanent democratic constitution that is inclusive and aimed at realising a lasting democracy and political stability for the country. At the same time, parts of the legal framework, such as the National Security Act and the Criminal Act, infringe on fundamental human rights and freedoms. Restrictions on civil and political rights and the curtailment of freedom of expression and the press have persisted. Increasing demands by political opposition groups, civil society organizations and students for democratic reforms have been met with a heavy hand by the authorities including arrests and detention by the security forces and impunity remains a recurring problem.
13.In the three Protocol Areas of Abyei, South Kordofan and Blue Nile states outbreaks of fighting has led to widespread human rights violations and large scale displacements. The referendum on the final status of Abyei, and the popular consultation processes in South Kordofan and Blue Nile envisaged under the CPAdid not take place due to fighting in these areas.
14.Sudan has yet to ratify key international human rights treaties such as the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). The country underwent the Universal Periodic Review (UPR) by the Human Rights Council in May 2011. In spite of the positive achievements noted by the government, a number of concerns and issues were raised during the review including continuing discriminatory laws against women and the prevalence of sexual and gender-based violence in Darfur.
15.In meetings with the Independent Expert, many Government officials repeatedly asserted that the general human rights situation in the Sudan should be understood in the context of the decades of armed conflicts which has afflicted the country. The Independent Expert notes that human rights and international humanitarian law must be fully respected even in times of armed conflict. All parties involved in the armed conflicts, government forces and rebel groups alike, therefore, have a responsibility to respect human rights at all times.
IV.Assessment of progress made by the Government towards improving the situation of human rights
16.While the general human rights situation in the Sudan has remained unstable, especially in the conflict-affected areas like Darfur, South Kordofan and Blue Nile, the Government continues to make progress in legislative and institutional developments aimed at improving the situation of human rights in the country. In addition, human rights awareness has improved across the different governmental sectors and relatively amongst the general population. Nonetheless, effective implementation and practical realisation of most of the government’s human rights policies on the ground remains generally slow.
17.In discussions with Government officials, the Independent Expert pointed out the need for the government to move from merely initiating human rights policies to a result-oriented approach of ensuring the practical realisation of adopted human rights policies across the different relevant institutions in the country. The Independent Expert continued to stress the importance for transparency and the need for the Government to disseminate its human rights strategies and results achieved to encourage public evaluation and more accountability for human rights violations.
A.Implementation of UPR recommendations
18.The Government has continued to take the necessary steps towards implementing the UPR recommendations, including drawing up a detailed action plan for their implementation. In addition, it has conducted workshops across the country to assist state authorities and government institutions to familiarise themselves with the recommendations and the time frame for implementation. Priority areas identified in the implementation plan for 2013 includeadministration of justice, law reform and ratification of some international human rights treaties. A Committee of Experts has been set up to study the reform oflaws such as the Criminal Procedure Act, the Criminal Act, the Evidence Act, the Personal Status Law and the Labour Act,and has submitted its recommendations to the Government for consideration. The Government is also working on the amendment of the Press and Publication Act of 2009 to ensure more protection for journalists and publishers of newspapers. The Independent Expert commends the Government for taking these positive steps towards implementing the UPR recommendations. The Independent Expert would, however, like to recommend that the law reform process be extended to include reforming the National Security Act 2010, which continues to encroach on the enjoyment of fundamental human rights in the country. The Government should act expeditiously on the recommendations of the Committee in order to take the law reform process forward quickly and effectively.
19.The Independent Expert also notes the strong cooperation between the Government and the United Nations Development Program (UNDP) towards the implementation of the UPR recommendations, which must be encouraged and sustained. The Government should aim for the full practical implementation of its action plan on the UPR recommendations and make particular effort to realise tangible results in the areas of administration of justice, law reform and ratification of identified international human rights treaties as priority areas specified in the action plan for 2013. In following the Independent Expert’s result-oriented approach, the Government should evaluate and publish the results achieved in the implementation of these three specified areas at the end of 2013.
B.Legislative and institutional development
20.The Government has made progress in putting in place necessary legislations and institutional mechanisms for improving the situation of human rights in the country. The Bill of Rights provisions in the current Interim National Constitution (INC) serves as an important framework for the protection of human rights in the country. The Government has promised to retain these provisions in the new permanent constitution now under discussion, which is a step in the right direction. The Government should however ensure thatthe fullimport of the Bill of Rights is realised by ensuring that operations of all organs of the state, particularly the NSS, are in conformity with the constitution and international human rights standards.
21.The Independent Expert notes the important roles played by various bodies in the improvement of the human rights situation in the country. These include the Advisory Council on Human Rights (ACHR), the National Commission for Human Rights (NCHR), the Human Rights Committee of the National Assembly, the Unit for Combating Violence Against Women and Children, the National Council for Child Welfare, the Commission for the Rights of Non-Muslims in Khartoum State, the Special Prosecutor for Darfur Crimes, the Judiciary and the Police. The Independent Expert’s assessment of the effectiveness of these bodies and their respective technical assistance needs is provided in part VI of this report.