ACHPR/37/OS/11/426/draft
AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’ Rights
Kairaba Avenue, P. O. Box 673, Banjul, The Gambia
Commission Africaine des Droits de l’Homme & des Peuples
Tel: (220) 392 962; Fax: (220) 390 764
E-mail: achpr@achpr.gm; Website: http://www.achpr.org
DRAFT PROMOTIONAL MISSION REPORT OF
COMMISSIONER YASIR SID AHMAD EL HASSAN TO THE SUDAN
(26thMarch to 2nd of April 2002)
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
DRAFT PROMOTIONAL MISSION REPORT OF
COMMISSIONER YASIR SID AHMAD EL HASSAN TO THE SUDAN
(26thMarch to 2nd of April 2002)
CONTENTS OF THE REPORT
I-
INTRODUCTION
II-
TERMS OF REFERENCE OF THE PROMOTIONAL MISSION TO THE SUDAN:
A- GENERAL INFORMATION ABOUT THE SUDAN
B- OBJECTIVES OF THE MISSION
C- COMPOSITION OF THE DELEGATION OF THE MISSION
III-
RUNNING OF THE MISSION
A- MEETINGS WITH POLITICAL AUTHORITIES AND MEMBERS OF THE
CIVIL SOCIETY
B- VISIT OF THE UNDURMAN PRISON
IV-
CONCLUSIONS AND RECOMMENDATIONS
D- CONCLUSIONS
E- RECOMMENDATIONS
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
DRAFT PROMOTIONAL MISSION REPORT OF
COMMISSIONER YASIR SID AHMAD EL HASSAN TO THE SUDAN
(26thMarch to 2nd of April 2002)
I-
INTRODUCTION:
1. While carrying out its mandate of promotion and protection of human rights
throughout Africa, the African Commission on Human and Peoples’ Rights
(hereafter refereed to as the African Commission or the Commission) pays
utmost importance to dialoguing with States Parties to the African Charter on
Human and Peoples’ Rights (the African Charter or the Charter). The
Commission equally pays due attention to harvesting accurate ground
information on the situation of human and peoples’ rights prevailing in the State
Parties to the Charter, beside the immense documentation, which it may receive
from various African and international human rights NGOs on the same.
Promotional missions are therefore planned and carried out within State Parties
and with due authorisation from the respective Governments, as regularly as
possible and to the extent of the financial resources of the Commission.
2. In the frame of these promotion visits to State Parties, Commissioner Yasir Sid
Ahmad El Hassan, responsible for promotional activities in the Republic of the
Sudan among other States Parties1, has decided to embark on a one-week mission
to that country from 26th March to 2nd February 2002. During the mission,
Commissioner El Hassan was accompanied and assisted by Mr. Robert Ayéda
Kotchani, Legal Officer at the Secretariat of the Commission.
3. The main objectives of the promotional mission to Sudan, the matters to be
raised and discussed with the respective official authorities, civil society members
and other stakeholders that the mission team was scheduled to meet are
described in the bellow Terms of Reference drafted for the Sudan mission. In
general, the mission team has been able to meet all and even more of the
expected stakeholders and the talks held with them were quite franc and fruitful
as described in the bellow report.
I-
TERMS OF REFERENCE OF THE PROMOTIONAL MISSION TO
THE SUDAN:
A- General information:
1. Sudan used to be a British colony. It gained its independence in 1956.
Covering an area of 2.5 million square kilometers (about one million square
miles) Sudan is the largest country in Africa. It has a population of about 30
million people made up of 19 ethnic groups and 597 smaller groups within the
former ones.
1 There is a geographical repartition of State Parties among the Members of the Commission and each of
them is in charge of promotional activities in an average of State Parties. Commissioner El Hassan is
responsible for promotional activities in Sudan, Libya, Somalia, Djibouti and Chad.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
2. According to conservative estimates, Arabs constitute 40% of the population,
Dinka 12%, Beja 7% and people termed West African 6% and others. Between
75%-80% adhere to the state religion, Islam, about 20% are adherents of
traditional religions, and Christians constitute approximately 5% of the
population. Arabic is the official language but almost every government official
understands English, there are 119 other languages.
3. Among Muslims there are a number of groups (Ansar, Ansar al Sunna and
Khatmiyya for instance); and among Christians, there are Catholics and
Protestants.
4. Sudan has a decentralized political system and is divided into 26 Willayat (states).
With its fertile soil in the South, Sudan was once thought of as a country, which
could produce sufficient food to feed the whole continent of Africa. The
Southern and the Western parts of Sudan are also known to have oil. However,
the exploitation of the oil is reported to have caused thousands of population to
forcibly leave their homes and lands.
5. However, civil war, which has raged since immediately before independence
except for the period 1972-1983, has wrought such havoc on the economy of
Sudan as to lead to its classification as a poor country. The civil war has caused
thousands of deaths, wounded and displaced people. The war is also reported to
be the cause of regular episodes of famine responsible for thousands of deaths
among the population and the cattle.
6. The customs of the people particularly those in the South, the influence of
British colonial rule from 1898 - 1956 and the pre colonial era in Sudan has left
the country with a multiple legal systems of Sha'ria law, customary law and
common law.
7. As intimated above, Sudan gained its independence in 1956. 30 years of the postindependence era have been spent under military rule of General Abboud,
General Ja'afar Numeiri and Lt. General Omar Al-Bashir.
8. The Republic of the Sudan has ratified the African Charter on Human and
Peoples' Rights on 18/02/1986. In accordance with Article 62 of the
aforementioned Charter, the initial report of Sudan was due in February 1988,
but Sudan has submitted on 24th October 1996, an initial report combining all
overdue reports. Sudan’s initial report was considered in April 1997 at the 21 st
Ordinary Session of the Commission. The next report of Sudan was then due in
February 1999. So far, Sudan did not send any report to the Commission and its
periodic report for 1999 and 2001 reports are yet to be submitted and presented.
B- Objectives of the mission:
9. The promotional mission of the African Commission to Sudan came after a first
one, which took place in December 1996. It is fair to say that widespread
allegations of arbitrary arrests and detention, slavery, forced labour, absence of
religious freedom and violations of other civil, political, economic and cultural
rights under the administration of Lt. General Omar Al-Bashir who came to
power in 1989 had occasioned the first mission of the Commission. The second
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
mission of the Commission was therefore aimed at following up the results
obtained after the December 1996 mission. It was also aimed at addressing other
burning human rights issues allegedly occurring in Sudan.
10. By sending the mission to the Republic of the Sudan, the African Commission
further aimed at strengthening its relationship with that State Party to the African
Charter by dialoguing with the authorities on all issues of common interest. It
was understood that the talks that Commissioner El-Hassan would hold with the
authorities of Sudan and other stakeholders would relate to:
a) Making the Commission and its work better known to the Sudan
authorities and civil society organisations and members;
b) Drawing the kind attention of the authorities to the obligations of the
Sudan as a State Party to the African Charter on Human and Peoples'
Rights: submission and presentation of State reports, participation in
the activities of the Commission, namely sessions, collaboration with
the Commission on human rights issues, etc. The mission conducted
by Commissioner Yasir Sid Ahmad El-Hassan was equally supposed
to express the availability and willingness of the Commission to assist
Sudan in giving effect to the provisions of the Charter, should the
need arise;
c) The need for the Government of Sudan to submit its overdue reports
covering the period between 1999 and 20012, and send
representatives to introduce these reports to the Commission as soon
as possible;
d) Briefing the authorities of Sudan on pending human rights
instruments, which Sudan is yet to ratify; namely the following: the
African Charter on the Rights and Welfare of the Child, the Protocol
to the African Charter on the Establishment of an African Court on
Human and Peoples’ Rights, etc.
e) The need for the Government of Sudan to give full effect to the
provisions of the African Charter on Human and Peoples' Rights as
well as other human rights instruments that the Republic of Sudan is
a party to;
f) The need for the Government of Sudan to send representatives to
attend the sessions of the Commission and to encourage Sudanese
human rights NGOs to do same;
g) Learning from the Government of Sudan about the long-standing
civil war in Sudan, the human rights consequences of the same and
how the Government tries to protect the rights of the population and
above all the most vulnerable (the elderly, the women and children);
ACHPR/PR/A046 of 30th March 1995, the Commission accepts that
State Parties who have overdue reports can combine them into a single report covering the
period concerned.
2 Since the Note Verbale
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
h) Knowing better about the Perspectives in terms of peace negotiation
between the government and the rebellion: the current status of the
said negotiations, the possible obstacles and the ways and means
envisaged to overcome them;
i) Learning the whereabouts of the recent aerial attack of Sudanese
army aircraft against civilians whereby tens of people including
women, children and the elderly were allegedly cool-bloodedly killed
and many more injured in Bieh, Western Upper Nile.
j) The agenda of the mission equally included finding out from the
authorities about the sanctions, which were taken against the authors
of the above-mentioned incident and the measures taken by the
Government of Sudan in favors of the wounded, the parents of the
deceased and for such events not to be repeated.
k) Whereabouts of allegation of slavery, violations of freedom of
religion, etc. in Sudan.
l) Learning more about the human rights and environmental drawbacks
of the industrial exploitation of oil over the populations in the
Southern Sudan and how the government is tackling these problems;
m) Learning more about allegations of frequent arbitrary arrests and
detentions of citizens by the security forces
n) Harvesting, should the case arise, some information on the
communication files pending against Sudan;
o) Paying visits to the Sudan Human Rights Organizations operating in
Sudan3, learning about their activities and the ways and means of
developing/strengthening the cooperation between them and the
Commission;
p) General distribution of all relevant promotion documents carried
along during the mission: copies of the African Charter, Rules of
Procedure of the Commission, and Criteria for application for
affiliate/observer status, the Protocol on the Court, the Draft
Protocol on the Rights of Women in Africa, the Brochure on the
Commission, etc.
q) Visiting prisons and detention centers in Khartoum was also part of
the agenda of the mission.
C-
Composition of the delegation of the mission:
11. The promotional mission to Sudan was led by Commissioner Yasir Sid Ahmad
El-Hassan. He was accompanied and assisted by Mr. Robert Kotchani, Legal
3 The Sudan Human Rights organization enjoys observer status with the Commission since October 1992.
It has sent two reports to the Commission but owes two more (the ones of 1998 and 2000).
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
Officer from the Secretariat of the Commission.
12. In order to be able to collect maximum information from all possible sources, the
delegation was scheduled to meet high ranking political personalities, including
the Minister of Foreign Affairs, the Minister of Justice, the Speaker of the
Parliament, the Chief Justice, the Minister of Interior, the Minister for
Guidance, the President and Members of the Constitutional Court, the
Registrar of Political Parties, the Commissioner for Humanitarian Aid and any
other personalities having responsibilities regarding human rights.
13. It was also scheduled that the mission team would be granted audience by the
leaders of the chief political parties in Sudan, the head of the Bar Association,
various stakeholders of the civil society and human rights NGO's (in particular:
the Sudanese Jurists Union and the Sudan Bar Association4)
II-
RUNNING OF THE MISSION:
A-
Personalities and others stakeholders met by the mission team and
substance of the talks held:
Tuesday 26th March 2002:
•
Meeting with Dr. Mutrig Sideeg Ali, Permanent Secretary of the Ministry of foreign
Affairs:
14. Commissioner El Hassan thanked Dr. Ali for granting the audience to his
delegation and gave general information about the African Charter and
Commission (historic background, composition, mandate, activities etc.). He then
mentioned the objectives of the mission to Sudan, stressing on the obligations of
Sudan under Article 62 of the Charter (submission and presentation of State
Reports) and communications files against Sudan.
15. The head of delegation further mentioned the spirit of dialogue, which the
Commission has always resorted to in its relationship with State Parties and
encouraged Sudan to host one the sessions of the Commission. Talking
specifically about the work at the Secretariat of the Commission, Commissioner
El Hassan mentioned the problems encountered and suggested that Sudan
should assist in remedying the non-availability of staff working in Arabic, so that
Arabic speaking populations could also be reached by the publications and
information on the Commission.
16. Commissioner El Hassan also stressed the necessity for Sudan to ratify some
regional human rights instruments like the African Charter on the Rights and
Welfare of the Child and the Protocol to the African Charter on the
establishment of an African Court on Human and Peoples’ Rights. He further
informed Dr. Ali about the process of elaboration of the draft Protocol on the
Rights of Women in Africa before asking about the general situation of human
rights in the country in terms of allegation of slavery, arbitrary arrests and
4 These two Sudanese NGOs enjoy observer status with the Commission since 1997 and 2001 respectively.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
detentions, peace process, etc.
17. Dr. Ali in his turn thanked the African Commission and the mission team for
being concerned about human rights in Sudan and for coming there to find out.
He said that there is no doubt that Sudan will continue to have fruitful
relationship with the Commission because the country is decisively committed to
human rights. He added that he would take pass on the concern of hosting a
session of the Commission to the relevant authorities so that it could be
approved and budgeted for in the near future.
18. Mentioning the recent report on the visit of a UN mission, Dr. Ali said that the
human rights situation in Sudan is moving the right way; the most serious
violations taking place in the regions where the war is still going on. But he added
that there soon going to be an end to the war. Dr. Ali also promised that Sudan is
going to make sure that the pending human rights instruments are ratified and
implemented. He also said that Sudan is going to take an active part in the
process of elaboration of those instruments under drafting. Dr. Ali further
promised that Sudan would make all possible efforts to submit and present its
overdue reports to the Commission in the near future
19. Commenting specifically about the peace process in the Northern part of the
country, Dr. Ali said that some foreign states like the USA are playing a decisive
role for and that the future perspectives are encouraging, after the signing of an
agreement of cease-fire on 19/01/2002 in Switzerland. He concluded this part by
saying that all stakeholders are showing good will to put an end to the war and
that there should be a positive end to the on-going negotiations. He added that
the transition Africa is currently going through bears a lot of hope for the
peoples and that the mechanisms set up under the Constitutive Act of the
African Union should be implemented in association of all relevant stakeholders.
20. Commenting about the allegations of slavery, Dr. Ali said that an international
team of enquiry would come to investigate in Sudan in the near future so to draw
a final conclusion about these allegations. For him, there is absolutely no slavery
in Sudan. There is only an old tribal practice common among nomad peoples and
consisting of abducting members of defeated tribes after a war or a conflict. He
acknowledged that this is a serious problem deserving a solution but said it is not
slavery.
•
Meeting with Mr. Murgani Mansour Badawi, State Minister for Social Welfare and
Development:
21. After the usual exchange of civilities, Commissioner El Hassan briefed his
interlocutor about the general work of the Commission and stressed on the
objectives of his mission. He pointed out that this was the second mission of the
Commission to Sudan and drew the attention of the Minister to the fact that
Sudan is yet to submit its reports to the African Commission in terms of Article
62 of the African Charter. He further wanted to find out about the rights of
children, peoples with disability, the elderly and other vulnerable layers of the
society and the whereabouts of the social and environmental drawbacks of the
exploitation of oil in the Sudan.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
22. The minister welcomed the delegation and thanked the African Commission for
sending the mission and for the spirit of dialogue, which the Commission uses
while dealing with States. He then described the ministry he leads before giving
the floor to his collaborators to talk according to their respective areas of
competence. They all said that there was nothing to hide, as transparency is the
motto of the ministry and acknowledged that poverty is a serious concern in
Sudan. As a result, the phenomenon of street children is very concerning (up to
34.000 street children in Khartoum alone). They said there is a special police and
a special court for children and a strategy of insertion of street children into the
society is being implemented thanks to the assistance and collaboration of
UNICEF and NGOs through government centres.
23. As to the situation of the peoples with disability, they said there is no statistics
about this category of peoples but it is certain that their number is high. The
government, in collaboration with all relevant stakeholders is catering for them
through a number of projects and 6 different institutions in order to ensure their
insertion into social life, making sure that they do not suffer any discrimination
based on their situation. Peoples with disabilities enjoy a number of advantages in
public transport, education and health services. The State and a network of
NGOs are working together to put at their disposal, free of charge or at reduced
cost, some prosthesis. A positive discrimination is recently being implemented in
favor of peoples with disability with the view to insert them into the civil service:
they should form at least 5% of the total civil servant recruited.
24. As to the elderly, they are said to be respected for their value and according to
the customs and traditions of the country whereas the State and other
stakeholders are trying their best to make sure that this category of people are
well taken care of.
25. Representatives of the Department of Women Affairs said that the main target of
their Desk is to eradicate poverty and assist the needy and the vulnerable layer of
the society. They acknowledged that the Constitution and other legal texts of the
land do provide for the rights of women but that they are not implemented. They
pointed out the question of women not being allowed to travel abroad without
the written consent of their guardian or spouse. They pointed out that this
practice in not part of the law! It is an administrative regulation used by the
immigration authorities; they also added that these issues are now under through
discussion. The Department is aware of the process of drafting a Protocol on
the Rights of women and has taken part to the first Experts Meeting and will also
attend the second one. Although HIV/AIDS and violence against women are
believed not to be a concern in Sudan, some action is done to prevent them.
They further pointed out that women are fairly well represented at decisionmaking levels in the country.
•
Meeting with Amma Abdel Rahman, Executive Secretary of the Sudan National
Committee on the Eradication of Traditional Harmful Practices
26. Mrs. Abdel Rahman first of all welcomed the delegation and presented her
institution, which she said, has local representations all aver the country except
the zones affected by the war. She added that the institution is a woman
organisation led by women, which has done a lot in terms of raising awareness as
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
regards the African Charter on the Rights and Welfare of the Child.
27. In his turn, Commissioner El Hassan presented the Commission and described
its activities, stressing on the fact that the delegation paid a visit to the Committee
because of the broad network it has and the efficiency of its work. He further
pointed out that the Committee should advocate in favour of Sudan to ratify the
Charter on the Rights and Welfare of the Child and pleaded for it to seek for
observer status with the Commission so as to have a closer cooperation with the
latter. He also gave some information on the process of drafting of the
Additional Protocol to the African Charter on the Rights of Women in Africa,
which the Committee is also familiar with and in favour of which it has played an
important role as regards inclusion of provisions on traditional harmful practices
and lobbying of government officials during the first experts meeting.
28. Taking the floor, Mrs. Abdel Rahman said that teenage marriages and Female
Genital Mutilations (FGM) are some of the major challenges in Sudan. She added
that FGM are also very common in some neighboring countries (Djibouti,
Mauritania, Egypt and Somalia) and she called for the holding of a regional
seminar to discuss these issues. She also mentioned some unsuccessful attempts
by her institution and other stakeholders to get a fatwa condemning the practice
and added that they would continue the fight.
Wednesday 27th March 2002:
•
Meeting with Mr. Jalal Ali Lutfi, president of the Constitutional Court of the Sudan in
the presence of his staff:
29. Commissioner El Hassan gave to the president of the constitutional court,
general briefs about the African Commission, its mandate under the Charter,
composition, works, cooperation with States, NGOs, National Human Rights
Institutions, etc. and further informed the Chairman on the pending instruments
Sudan is to ratify. He then asked about the independence of the judiciary in
Sudan and the whereabouts of allegations of arbitrary arrests and detentions by
security forces.
30. President of the constitutional court, Ali Lutfi welcomed the mission and said
that the judiciary in Sudan is independent. He added that he worked in the
judiciary as a judge since early 5oth, and while working there, he decided many
cases against the government without suffering any threat or pressure. As regards
arbitrary arrests and detentions, he acknowledged that the practice is resorted to
by security forces but added that he always orders for immediate release
whenever informed, provided there is no evidence that the person concerned
represents a danger for the security of the country. He added that same is applied
in the USA today. He however said that he has never received any complaints
about torture.
31. When asked about the level of awareness of members of the Court on human
rights issues, he said that the members of the Court are well informed about
human rights. He also said that all the decisions of the Court are implemented
and that upon seizure by women associations, the Court has recently ruled
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
against a decision by a Walli prohibiting the work of women in certain places.
•
Meeting with Mr. Mohamed Ahmed Abdel Aleem, vice Commissioner for Refugees:
32. After explaining the objectives of his mission to Sudan, Commissioner El Hassan
asked Mr. Abdel Aleem about the situation of refugees in the country.
33. Mr. Abdel Aleem declared that Sudan is a party to the OAU Convention on
Refugees and the Geneva Conventions and Protocols on the same and is
therefore committed to implementing the said instruments and has always tried
its very best in that regard. He however added that the flow of more than 1
million refugees coming from countries in war like Uganda, Ethiopia, Eritrea,
DRC and Chad has settled in Southern, Eastern and Western Sudan and even
Khartoum without any assistance from the international community. When the
international community eventually started assisting in this matter, hundred of
refugees were repatriated but more than 500,000 are still in Sudan. Mr. Abdel
Aleem therefore appealed to the UNHCR to conduct the screening of these
refugees so as to determine those who have valid reasons for not going back to
their countries. Asked about the legal system applied to refugees in Sudan, Mr.
Abdel Aleem said that they have established their own traditional courts to settle
their problems, resorting to Sudanese courts only when they fail to find a
solution to a dispute.
34. As to the action of the Commission for Refugees in favour of the estimated
40,000 Sudanese refugees outside, Mr. Abdel Aleem said that his office tried to
go to neighbouring countries to try to persuade Sudanese refugees to go back to
Sudan, but it did not work for various reasons.
35. Regarding the application of the cessation clause for the Ethiopian refugees in
the Sudan Mr. Abdel Aleem, revealed that ,this clause has been declared by
UNHCR, for all Ethiopian refugees in allover the world and not in Sudan alone,
the commission for refugees in Sudan with the assistance of UNHCR established
screening committees to decide on the situation of individual cases who do not
want to go back to their original country on the basis of persecution.
•
Meeting with Mr. El Tahir Hamdallah Mohmmd El Manzul, Head of the Sudanese
Legal Aid and Human Rights Organisation in the presence of his staff:
36. Commissioner El Hassan expressed his pleasure to meet with this human rights
NGO and wanted to know more about the work of the organisation.
37. Mr. El Manzul said his organisation is newly established one operated by
Sudanese lawyers, which focuses on human rights in general, with a special
interest in children’s rights, prisons and conditions of detention. Mr. Manzul
further said he is eager to exchange with regional and international NGOs and
institutions.
38. Commissioner El Hassan then briefed the audience on the African Charter and
Commission, the communication system before the Commission, the system of
Special Rapporteurs and the system of observer and affiliate status with the
Commission. He finally urged his organisation to apply for observer status with
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
the Commission so as to have a closer relationship with the latter.
•
Meeting with NGOs members of the Sudanese Council of Voluntary Agencies
(SCOVA)
39. Commissioner El Hassan thanked the audience for the meeting and gave them
full information about the African Charter and Commission and the objectives of
the Sudan mission. He further stressed on the need for such an efficient network
like SCOVA to have a close contact and cooperation with the African
Commission and suggested that the SCOVA applies for observer status.
40. Mr. Ibrahim Mohmmed Ibrahim, Head of the SCOVA, gave the delegation some
background information about SCOVA, a more than 100-NGOs-members
which focuses of training, awareness raising and action in the field of human
rights. He assured that his network would willingly work in partnership with the
African Commission.
41. Asked about allegations of slavery in Sudan, he said that a difference should
definitely be made between the practice of abduction and slavery, the latter he
said did not exist in Sudan. A very rich debate followed this intervention. The
audience agreed that human rights should not be politicised. Some pointed out
that the so-called practice of slavery in Sudan has been used by peoples for their
egoistic interests. All also agreed that the practice of abduction should be
abolished.
42. Commissioner El Hassan, once again, stressed on the importance of the civil
society at Commission level and encouraged the network to lobby the
Government to ratify pending human rights instruments. He informed the
audience of the soon coming to Sudan of the Special Rapporteur on the Rights of
Women in Africa to hold talks on that specific issue.
Thursday 26th March 2002:
•
Meeting with Mr. Osman Yagoub, Deputy Director of the National Police of the Sudan:
43. After giving a long brief on the composition, mandate and activities of the
African Commission, Commissioner El Hassan then asked Mr. Yagoub whether
the police are trained in human rights. He also put some questions on allegations
of arbitrary arrests and detentions, the emigration procedure for women,
refugees, etc.
44. Mr. Yagoub said that the police have a legal background and are trained in
human rights. Talking about the problem of authorizations for women to be able
to travel abroad, he said that these restrictions applied upon the provisions in
other countries like Kingdom of Saudi Arabia, and there is a strong need to find a
solution to the problem, together with women themselves, as this will be a step
forward regarding Sudan’s commitment to its international obligations. As to
allegations of arbitrary arrests and detentions, he said that the police trying its
best to do its job in the strict respect of the law of the land, but that there were
some unfortunate individual cases, which he is fighting against. Talking about the
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
situation of refugees, he said the police forces are just committed to treat those
seeking for asylum according to the legislation and rules governing the statute of
refugees.
•
Meeting with the Human Rights Unit of the Sudan Bar Association:
45. The meeting started by a general discussion about the cooperation between the
ACHPR and human rights NGOs and was narrowed to the situation of refugees
in Sudan whereby the lawyers deplored the system of screening as conducted by
the UNHCR in application of the cessation clause for Ethiopian refugees. They
said only 200 peoples among those thousands seeking for refugee status were
selected and that those remaining were abandoned to themselves and cannot go
back to their respective countries for fear for their lives. They also said that
correspondences in that regard were sent to the Headquarters of the UNHCR in
Geneva without any reply. They therefore decided that they may take the case
before the Commission in case that no solution is reached.
46. Commissioner El Hassan thanked them for their action in the field of human
rights and more specifically in favour of refugees. They subsequently asked the
SBA to lobby and assist the Government so that Sudan submits and presents its
overdue reports to the Commission in conformity with Article 62 of the Charter.
He also drew the attention of the lawyers to the fact that the Commission may
need their assistance as regards its capacity to work in Arabic. The SBA promised
to reflect about sending to the Secretariat, interns who can work in Arabic.
Saturday 30th March 2002:
•
Meeting with Mr. Mohamed Hamad Abusen: Deputy Chief Justice:
47. Commissioner El Hassan thanked Mr. Abusen for granting the audience to his
delegation and briefed him about the Charter and Commission as well as the
work he and the ten other colleagues are doing: historic background,
composition, mandate, activities etc. He then mentioned the objectives of the
mission to Sudan, stressing on the obligations of Sudan under the Charter
(implementations of the provisions of the charter into the national laws and their
reflections in the decisions of the respective courts) and communications files
against Sudan.
48. The head of delegation further mentioned the spirit of dialogue, which the
Commission has always resorted to in its relationship with Judiciary Organs of
respective State Parties.
49. Commissioner El Hassan also stressed the necessity for Sudan to ratify some
regional human rights instruments like the African Charter on the Rights and
Welfare of the Child and the Protocol to the African Charter on the
establishment of an African Court on Human and Peoples’ Rights. He further
informed Mr. Abusen about the process of elaboration of the draft Protocol on
the Rights of Women in Africa before asking about the general situation of
Judiciary in the country in terms of allegation of non independence and welfare
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
of the judges as well as the training of judges, etc.
50. Commissioner El Hassan specifically talked about the bad conditions he
discovered in the prison of Omdurman, stressing on the inmates who did not
have a lawyer and those who were being detained for a long period without ever
been presented to a judge. El Hassan also deplored the fact that some prisoners
who have served their sentence are still in jail because they cannot pay the fine on
top of the sentence.
51. The Deputy Chief Justice promised to look into all the matters raised and
revealed that all prison directors had been instructed to release all those prisoners
who had served their sentence and could not pay their fine. He also promised to
take to the Chief Justice, the matter concerning delay in the process of cases, so
that a sustainable solution could be found, in consultation with NGOs and other
stakeholders.
52. The Deputy Chief Justice briefed the delegation about the system of the Judiciary
in the Sudan and asserted that the judiciary is fully independent from the
executive administered by a council chaired by the chief justice himself which
decides freely on all the matters concerning the Judiciary including intake,
promotion, and supervision of judges approval of its independent budget
approval without any interference of the executive. He also submitted document
to the delegation containing the laws governing the Judiciary its structure and the
status of cases tried or bending before different courts.
53. Before the end of the mission to Sudan, the delegate learned that the chief
justices acting on the recommendation of the mission appointed special appellate
circle to look into the cases in Omdurman prison especially those charged with
minor offences and later a number of prisoner most of them women had been
released.
•
Meeting with Mr. Mohhamed Ahmed Salim, Registrar of Political Parties of the Sudan:
54. The Registrar said that Sudan was practicing multiparty system even before it got
its independence, but the former experiences were difficult. He added that he
chairs a body which is independent and he stated the conditions for a political
party to be registered in Sudan: they must have a national and open nature,
exclude religious, tribal and ethnic motivations, they must also publish regular
financial statements and communicate their sources of funding to the Registrar.
He stressed on the fact that since 1999 when he started working as Registrar, 22
political parties have registered.
55. Mr. Salim also said that it is possible for political parties to fully operate without
being registered. They just have to notify their creation to the Registrar, but the
only restriction then, they cannot take part in elections. 3such parties exist
currently in Sudan. The reason is that these parties don’t pay any fees and don’t
have any obligation to present a programme. Many of these parties are beginners
and they find it simpler to operate that way.
56. Mr. Salim ended by saying that he has the rights to refuse an application for
registration but his decision can be challenged before the Constitutional Court.
14
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
•
Meeting with Mr. Anglo BEDA: Deputy Speaker of the Parliament of the Sudan:
57. During his meeting with the Deputy Speaker of the Parliament, Commissioner El
Hassan gave general information about the Commission and asked whether
human rights was an issue for Members of the Parliament in Sudan. He further
urged the Parliament to lobby the government toward the fulfilment of its
obligations under Article 62 of the African Charter.
58. In response the Deputy Speaker, and in the presence of two ladies being
chairpersons of permanent committees in the parliament, said it was a honour for
the Parliament to have the visit of the delegation of the African Commission.
Commenting the so-called practice of slavery in Sudan he said that he himself a
southerner and he know very well the issue, he explained, it is rather a practice of
abduction as a result of intestine wars, mostly over lands and cattle. Many
attempts by the government failed to put an end to the practice because of the
size of the country but some commendable efforts are under way. The Deputy
Speaker denounced some NGO, which made a business out of that problem
instead of fighting against it on the side of the government. Acknowledging that
there are many human rights problems in Sudan, he also said that the will to
overcome them is growing stronger and stronger.
59. He then said that human rights were a great concern for the Parliament because
the history of Sudan has often been marked by many serious human rights abuses
mainly due to the wars. As for the constitution, it guarantees human rights and
this is a legal basis of the action of the Parliament, which visits prisons and
participates in actions of human rights awareness. A section of the Parliament is
for instance in charge of human rights, it is one of permanent committees in the
parliament which drew the attention of the executive to any Human Rights issue
which may rise, and follows closely all development at African level.
60. He added that the Human Rights within the executive fall under the
responsibility of the Ministry of Justice and there is a advisory body tackling this
issue in the state.
61. Commenting on possible areas of cooperation with the Commission, the Deputy
Speaker said it would be very good if the African Commission could ad its voice
to those appealing for the end of the war in Sudan. He blamed at the rebellion
for not responding favourably to the effort of the government to bring about
peace under the auspices of IGAD or Americans or Europeans.
B- Places visited during the course of the mission:
Friday 29th March 2002
•
Visiting the Omdurman Prison for women:
62. Commissioner el Hassan introduced the delegation to Mr. Mohamed Yahia,
Director of the prison and briefed him about the African Commission and its
activities, stressing on the fact that prisons and conditions of detentions are of
15
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
utmost importance for the Commission who has appointed a special Rapporteur
on the question. He then asked specific questions on the status of women in the
prison wards, human rights awareness among prison guards, main areas of
concern in the prison’s management and any specific programme for the social
rehabilitation of prisoners.
63. The Director of the prison said he was happy to receive the delegation of the
Commission and he added that there was absolutely nothing to hide and that the
delegation could visit the prison and talk to the inmates as it wished. He however
acknowledged that there are many problems in the prison, which is an old
building that must not be modified because it used to be the house of a Sultan
and cannot be modified or even restored. He added that there was nothing to
hide in the prison and invited the delegation to visit the cells and talk to the
inmates, should the need arise.
64. The delegation learnt that the building of the prison is built in 1888, as the
residence of a Khalifa. The delegation also discovered that the cell were clean but
overcrowded. There were no doors or windows to the cells. Some inmates did
not have a lawyer. There was no separation between those already sentenced and
those in pre-trial detention. The inmates talked freely to the delegation in spite of
the presence of their wards: they deplored their condition and the delay in the
consideration of their cases. The other problem was that some prisoners have
served their sentence but did not have any resource to pay for the fine, which
was on top of the sentence. Therefore, their detention could not come to an end.
On the other hand, some inmates have children, some of whom they have to
send to school. The staff of the prison assists in paying the fees but the children
have psychological problems due to the situation of their parents
65. The delegation promised the inmates who have serious problems with the delay
in trial of their cases to rise this issue with the authority concerned, especially
with the minister of justice and the Judiciary if an audience is granted with these
authorities.
•
Meeting with Members of the Sudaneese Jurists Union (SJU)5
66. Commissioner El Hassan explained to the Jurists the objectives of his mission to
Sudan stressing on the fact that new criteria for obtaining and sustaining observer
status with the Commission were being applied and that the SJU should abide by
them and send regular reports to the Commission. He also drew the attention of
his interlocutors to the fact that it is expected that they lobby and assist the
government toward drafting and presenting its state report to the Commission
under Article 62 of the Charter. He further requested assistance from the SJU to
create the Arabic division of the Secretariat of the Commission and asked about
the human rights situation in Sudan.
67. The leader of the SJU Dr. Malik Hussien said that the fact that his organisation
did not send regular reports to the Commission is due to the breakdown in
communication between the two bodies and that this would be addressed
without delay. He promised that they would attend the forthcoming session of
5 That NGO has observer status with the Commission.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
the Commission and provided the mission team with their new particulars.
68. Commenting the human rights situation in Sudan he said that the situation done
to Mr. Hassan El Turabi is unfair and that he should be freed. He further
explained that the police have de facto prohibited his party without any law
providing for that and added that the state of emergency under which the
country was laid should be lifted because there is no reason why these laws
should still be in existence if not to encourage human rights violations.
69. The leader of the SJU also said that, in response to delegation inquiries, slavery
do not exist in Sudan and he share the same analysis as those exposed to the
delegation during the mission. However, commenting the bombing of civilians,
he said that NGOs in Sudan should work in a more coordinated way and
investigate allegations like that instead of reporting what radios and newspapers
broadcast. He deplored the arbitrary arrests and detentions occurring in the
country and said that although linked to the situation of war, he believes there are
lots of abuses. He then gave the names of 8 persons allegedly under arbitrary
detention (all of them are the followers of Dr. Turabi) and added that the lawyers
who are defending them are harassed by the power. Freedom of expression he
said, is frequently infringed upon and newspapers intimidated or closed for
having published information on some detainees. The leader of SJU being
himself parliamentarian, and contested for the presidency in the last presidential
election, finally deplored information as to that the Parliament is soon going to
pass a law giving more power to the police as this will infringe at human rights
and freedoms in Sudan and asked the Commissioner to take the matter to the
relevant authorities so that the law is not passed.
Sunday 31st March 2002:
•
Meeting with the Secreary General of the National Council for Child Welfare
70. The chair of the Council Dr. Attiyat explained the functioning of the structure to
the delegation, describing the achievements and problems and stressing on the
fact that Africa should have and implement its own plan for children taking into
account its specificities.
71. Asked about the fact that Sudan is among the States that are yet to ratify the
African Charter on the Rights and Welfare of the Child, which has now entered
into force, the Chair said that it would be good to organise a meeting at African
level to reflect about the problem of States not ratifying regional human rights
instruments. Especially those states in the North Africa which seems, according
to her have some problems with this charter. He also informed the delegation
that the charter has been under study by the Council.
•
Meeting with the Honorable Judge Abd Al-daiem ZUMRAWI General Secretary of the
Ministry of Justice:
72. Commissioner El Hassan gave a short account of the stakeholders met and the
places visited during the mission and posed the problem of the overdue State
reports of Sudan. He also spoke about the written submissions awaited from
Sudan about six communications and urged pleaded for the ratification by Sudan
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
of some regional human rights instruments like the Protocol to the African
Charter on Human and Peoples’ Rights on the establishment of an African Court
on Human and Peoples’ Rights and the African Charter on the Rights and
Welfare of the Child. He finally suggested that Affiliate Status with the
Commission be applied for the Advisory Council on Human Rights (ACHR).
73. In response the SG thanked the commission for sending a mission to Sudan and
said that the State report of Sudan is under completion and would be sent and
presented to the Commission soon. He further said that Sudan will sustain its
good relations with the Commission and will continue to send delegates to its
sessions. He promised to take action on the written submissions on
communication and said that his department is going to follow up the ratification
of all pending human rights instruments at regional level as advised by the
mission team. He ended by saying that Affiliate Status would be officially applied
for by the ACHR of Sudan.
74. Taking the floor, Commissioner El Hassan passed on the concern of the civil
society about creating a special police for the juvenile. The SG found the idea
relevant and said that this could be done in consultation with the Minister of
Interior.
75. Commissioner El Hassan then put forth the problem of prisoners who have
served their sentence but are still in jail because they cannot pay the fine and
asked what action the Ministry of Justice is taking in that regard. The SG said that
his Ministry had ordered that all prisoners who have served their sentence should
be freed irrespective of whether they have to pay a fine or not and added that he
is surprised at hearing that this is not implemented. He promised that a thorough
refection is going to be conducted on that issue by the Ministry in collaboration
with all relevant stakeholders.
76. Informed about serious concern from civil society organisations about the law of
criminal procedure amendments which is going to be passed to give more power
to the police and security forces. The SG said that the amendments in question
are under review by the parliament, and new proposals have been made on the
original proposals and if those new provisions adopted would be a positive step.
He further stressed on the fact that the Ministry is going to make sure that no law
is passed which is not in conformity with the provisions of the Constitution of
Sudan. Commissioner El Hassan then thanked him for that and they both
promised to follow up on the matter.
•
Meeing with a group of Sudanese human rights NGOs (Not members of SCOVA
networks)
77. Commissioner El Hassan gave them general information on the African Charter
and connected instruments and on all aspects of the work of the Commission,
encouraging those not yet affiliated to the Commission to do so and those
already affiliated to stay in touch with it.
78. In their turn the NGOs informed the delegation on their work in Sudan and
asked more information about the procedure of observer status with the
Commission. Commissioner El Hassan stressed on the fact that NGOs enjoying
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
observer status with the Commission could also present cases before the future
Court on Human and Peoples’ Rights. Some NGOs complained about the
troubles that the authorities are giving them for their official registration as
human rights NGOs.
•
Meeting with Mr Abd-al-RAhman M.H. SOWARAL-ZAHB leader of El Daawa
Al Islamiya6and Sudan ex-president
79. Having fully explained the work of the African Commission under the Charter,
Commissioner El Hassan thanked this respectful and reputable NGO which has
wide presence and activities in a great part of Africa especially in the field of
economic social and cultural rights, for the good job it is doing throughout the
world and suggested that it applies for observer status for better interaction with
the Commission and solicited their contribution to assist the Secretariat of the
Commission for its work in Arabic
80. The leader of the organization welcomed the delegation and briefed them on the
activities of his organization which have also activities in all continents especially
in the field of education, and he added that they built only in this year more than
68 schools in Africa alone.
81. He also invited the delegation to take tour in its premises where the delegation
attends video-show on the presence and activities of the organization.
•
Meeting with Mr. Mohmmed Al-Amien Khalifa and Bashier RAHAM responsibles of
the popular congress a political party of Mr. Hassan El Turabi
82. The meeting was attended by various officers including the officer in charge of
human rights and the one for information within the party. They all said they
were happy to meet the delegation of the mission of the commission to Sudan
and listened carefully to the traditional briefing about the African Charter and
Commission.
83. Taking the floor, the politicians said human rights are a concerning issue in
Sudan and that the search for sustainable peace is a priority for their party
because there is so much suffering resulting from the ongoing war. They
explained the actions that their party took in that regard at the time when Mr.
Turabi was the Speaker of the Parliament, and deplored his detention together
with other members of the party for almost 2 years then, as a result of such a
noble commitment. They therefore appealed for these detainees to be released
and reaffirmed the commitment of their party to achieve peace and democracy
through peaceful means. They however deplored the fact that although
6 That organisation based in Sudan is dedicated at fighting against poverty and diseases in Africa, and other
continents. It assists in building schools, granting bursaries and scholarships, etc.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
registered, their party is not allowed to carry on political activities because its
headquarters, newspapers, cars, etc. have been confiscated and many of their
partisans arrested.
84. Commissioner El Hassan wanted to know why they do not go to court to sort
this matter out, and was answered that the courts are ineffective in Sudan because
all under the dependence of the Executive.
85. They also deplored the plans of the government to modify the laws and appoint
Walis contrary to the constitution, which provides for their election. They further
deplored the ongoing state of emergency as well as the proposed amendment in
order to give more power to the police and said that there is no valid justification
for all this. Commenting about the recent initiatives for peace in Sudan, they said
that Sudanese should make peace themselves in Sudan and resort to foreign
initiatives only when local initiatives have failed.
86. Asked about the so-called practice of slavery in Sudan they all denied the fact
talking rather of abductions.
Monday 1st April 2002•
Meeting with H E Sadhek El Mahdi, ex-Prime Minister of Sudan and Chief of the UMA
party (political opposition, which is not registered but carries out its activities after having
notified the Registrar of its existence)
87. Commissioner El Hassan fully briefed Mr.Mahdi on the African regional human
rights system and asked some information about the human rights situation in
Sudan.
88. In response, Mr. Mahdi said human rights are an area where there is a lot of
deficiency in Africa, because governments are usually not based on consent and
accountability. Talking about the specific case of Sudan, he said that the situation
of war have made things worse even if one must acknowledge that over the past
years there’ve been a public recognition of the necessity to dialogue and search
for peace and pluralism.
89. Recognising that the on-going war is responsible for lots of abuses, Mr. Mahdi
also deplored laws, which restrict democracy in Sudan and suggested that the
existing Advisory Council for Human Rights be changed into a genuine
institution for the promotion and protection of human rights in Sudan. Same
should apply for all African countries, he concluded.
90. The head of the human rights division of the UMA party took the floor and
described the activities of his newly established section and added that they were
encouraging the government to create a genuine National Human Rights
Institution in Sudan.
91. When asked about the so-called practice of slavery in Sudan, he gave a long
explanation about the history of the practice of abduction in Sudan following
conflicts and concluded that one could not call that slavery even if an end should
be put to the practice, which went worse after 1989, owing to the war and the
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
abolition of traditional system of Chiefs in some regions of the country.
92. Commissioner El Hassan then asked about his views on the National Committee
for the Eradication of the Practice of Abduction in Sudan and he responded that
both the Committee and the Advisory Council on Human Rights are not credible
and should be reformed or abolished.
93. Commenting about the peace process, he said that the UMA party fully supports
any attempt to give effect to the rule of law in Sudan through a genuine
reconciliation and pacification of the country. Commenting the Turabi case, he
said that this leader should be freed because the situation, which is done to him,
is against the law and the shariaa. He condemned the attempts from the
government to give more power to the police and said that his party has not
registered because they don’t trust the Registrar. As a matter of fact, he
concluded, the UMA party will never take part in an election unless there is
strong evidence that the said election is going to be free, fair and transparent.
Thursday 2nd April 2002
•
Press conference by Commissioner El Hassan at the Ministry of Justice
94. During that press conference, attended by some thirteen representatives of a
daily news papers, Commissioner El Hassan informed the journalists and media
peoples about his just ended mission in Sudan. He also gave them a full account
of the activities of the Commission under the African Charter and stressed on the
role of media agencies in the promotion and protection of human rights in Africa
and worldwide.
95. The journalists asked various and pertinent questions on the African Charter and
Commission and the links between the Commission and the UN and other
international institutions dealing with human rights. Some asked specific
questions about the protective mandate of the Commission and the outcome of
its decisions since its inception.
96. Commissioner El Hassan gave satisfactory responses to all these questions and
encouraged the journalists and media peoples to continue working for the
promotion of human rights in Africa and worldwide.
Conclusions and recommendations:
CONCLUSIONS:
97. At the end of the Sudan mission, the delegation of the mission has made the
following conclusions:
a) The mission team notes with satisfaction that the mission went very smooth and
the government spared no effort to make it successful, it gives the delegation
every possible means to have ful and free access to whom they want to meet.
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African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
b) The mission team notes with satisfaction also that the government is willing to
make positive steps toward a better promotion and protection of human rights in
Sudan.
c) The mission team appreciates the availability of the government to continue and
intensify its dialogue with the African Commission with respect to matter
pertaining to human rights.
d) The democratic process in Sudan needs to be strengthened and open to all
political parties operating in the country.
e) There is a need for the application of the rule of law by which all stakeholders
including political parties should abide.
f) There are many human rights violations in the country, some of which are
directly linked to the situation of war prevailing in the northern part of the
country. More specifically, civil and political rights of Sudaneses peoples are often
violated, and on the other hand the Government, despite the lack of sufficent
resources is willing and commited itself to address these violations.
g) The peace process should be conducted to its end so as to lead to a guenuine,
just and sustanable peace in Sudan.
h) The mission team notes that all stakeholders met agreed that there is no slavery
in Sudan but rather a traditional practice of abduction, which does not have only
bad sides but which needs to be abolished because it does not respect human
rights as stated in the African Charter and other international human rights
instruments.
i) The civil society is willing to collaborate with the government and requests that
appropriate legal frameworks and other be put in place to that extent.
RECOMMENDATIONS:
-
Recommendation in direction of the Government of Sudan:
The Government should:
a) Make more genuine efforts and left no stone unturned to bring peace to the
country;
b) Free all the political detainees, and lift the state of emergency as soon as possible
to create more conducive enviroment for political coherence for all Sudanese
people, and bring its national laws, including the National Security Law in
conformity with international Human Rights instruments to which Sudan is a
party;
c) Associate all political parties to the political life of the country;
d) Intensify talks with rebels to reach and sustain a guenuine peace agreement in
Sudan;
e) Create a National Human Rights Institution functioning in conformity with the
international standards set up by the United Nations and the African
Commission;
22
African Commission on Human and Peoples’ Rights: Promotion Mission Report of Commissioner Yasir Sid Ahmad El Hassan to the Sudan
f) Make sure in the new criminal procedure act amendments that all power given to
the police and security forces are in conformity with the pertinent provisions of
the Sudanese Constiutition and laws and not violates the Human and Peoples
Rights;
g) Improve the conditions of detention;
h) Submit and present to the Commission Sudan’s reports in terms of Article 62 of
the African Charter as soon as possible;
i) Make all possible efforts to put an end to the practice of abduction, which is
contrary to the provision of the African Charter, to which sudan is a patry ;
j) Maintain a constant and constructive dialogue with the Commission;
k) Encourage human rights NGOs in Sudan to take more significant part in the
activities of the Commission.
-
Recommendation in direction of the Sudanese civil society organisations:
•
Human rights NGOs should work in partnership with the government to address
the human rights problems of the country;
Human rights NGOs should mainain a close contact with the African
Commision and make their best to take a more significant part in the activities of
the Commission;
Political parties should play their role according to the Constitution and laws of
the country making a priority the search for peace and national reconciliation;
•
•
-
Recommendation in direction of the African Commission on Human and Peoples’Rights;
The African Commission should:
strengthen its relation with the civil society of the country and make its works
more known to then and explore its potnial ability for the betterness of the
peoble.
• Provide and make avaiable all its produced documents in Arabic language,
create and strengthend an Arabic section within its secertariat;
• Follow up its recommendation which are made to this country; and
• Assit the states in its efforts to bring peace in the country and its effort to
promote and protect the Human Rights in the country.
•
23