AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de
African Commission on Human & Peoples’
l’Homme& des Peuples
Rights
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441
05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org
REPORT OF THE JOINT PROMOTION MISSION TO THE
REPUBLIC OF THE SUDAN
BY
COMMISSIONER LAWRENCE M. MUTE
COMMISSIONER LUCY ASUAGBOR
&
COMMISSIONER MED S.K. KAGGWA
22 – 28 MAY 2015
Presented to the 19th Extra-Ordinary Session of the African Commission on Human and
Peoples’ Rights, held from 16 - 25 February 2016, in Banjul, Republic of The Gambia
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission) would like to
express its gratitude to the Government of the Republic of The Sudan for authorising the
Promotion Mission, and for providing the delegation with the necessary facilities and
personnel to ensure its successful undertaking.
The Commission wishes to specifically extend its appreciation to Dr Muaz A. M. Tungo,
Solicitor-General and Rapporteur of the Advisory Council for Human Rights, Mrs
Omima Mubarak Elsamani and Mrs Eqbal ABDIN, Senior Legal Counsels at the Advisory
Council for Human Rights, as well as staff of the Advisory Council for Human Rights,
for their role in organising the various meetings which enabled the delegation to meet a
cross-section of the Sudanese society in order to have a fairly representative view of the
human rights situation in the country.
The Commission further expresses its gratitude to Ambassador Mahmoud Kane, Head
of the African Union Liaison Office in The Sudan, Mr Boitshoko Mokgatlhe, Senior
Political Officer at the African Union Liaison Office in The Sudan, and other staff of the
Liaison Office for their technical support and hospitality extended to the delegation
during its visit.
The Commission also thanks Mr Adham Mutasim Albushra Muhomed Alhussan,
Arabic-English/English-Arabic interpreter and translator engaged by the delegation to
facilitate discussions with various stakeholders.
The Commission finally wishes to thank all non-governmental organisations,
independent statutory institutions, civil society organisations, and individuals that found
time to meet with the delegation.
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Acronyms and Abbreviations
ACHR
AIDS
ARV
AU
CAT
CEDAW
COR
CRPD
CSOs
DRA
FGM
HAC
HIV
ICC
IDP
IGAD
IPF
MCH
NCCW
NCHR
NCPP
NGOs
NHRIs
NISS
OAU
OIC
OPCAT
OVCs
PEP
PHC
PLHIV
: Advisory Council on Human Rights
: Acquired Immune Deficiency Syndrome
: Antiretroviral
: African Union
: Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
: Convention on the Elimination of all forms of Discrimination against
Women
: Commission for Refugees
: Convention on the Rights of Persons with Disabilities
: Civil Society Organisations
: Darfur Regional Authority
: Female Genital Mutilation
: Humanitarian Aid Commission
: Human Immunodeficiency Virus
: International Coordinating Committee for National Human Rights
Institutions
: Internally Displaced Persons
: Intergovernmental Authority on Development
: International Partners Forum for Human Rights
: Maternal Child Health
: National Council for Child Welfare
: National Commission for Human Rights
: National Council for Press and Publications
: Non-governmental Organisations
: National Human Rights Institutions
: National Intelligence and Security Services
: Organization of African Unity
: Organisation of Islamic Cooperation
: Optional Protocol for the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment
: Orphan and Vulnerable Children
: Post-exposure Prophylaxis
: Primary Health Care
: People Living with HIV
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PMTCT
PWD
SPLM/A-N
TB
TRC
UN
UNAMID
UNDP
VAW
: Prevention of mother- to -child transmission
: Persons with Disability
: Sudan Peoples’ Liberation Movement/Army-North
: Tuberculosis
: Truth and Reconciliation Commission
: United Nations
: African Union-United Nations Mission in Darfur
: United Nations Development Programme
: Violence against Women
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PART ONE
I.
INTRODUCTION
1. The African Charter on Human and Peoples’ Rights (the African Charter or the
Charter) sets out in Article 30 the establishment of the African Commission on Human
and Peoples’ Rights (the Commission). The African Charter came into force on 21
October 1986.
2. Under the African Charter, the Commission is specifically mandated to promote the
observance of the rights guaranteed in the Charter, to interpret and advise on its
implementation, as well as ensure protection of the rights and freedoms set out in it.
3. Article 45 (1) of the African Charter directs the Commission to promote human and
peoples’ rights and to specifically carry out studies and research, to conduct visits to
States Parties, to gather information on human and peoples’ rights, as well as to
formulate rules and regulations that could be used by the State Parties in their human
rights policies and legislation.
4. The promotional function of the Commission mandates Members of the Commission
to undertake promotional missions to State Parties to the African Charter.
Promotional missions are an important aspect of the Commission’s activities as they
enable it to establish communication and links with State Parties.
5. The Republic of The Sudan (The Sudan) is a State Party to the African Charter which
it ratified on 18 February 1986. It is on this basis that a Promotion Mission of the
Commission was undertaken to The Sudan, at the invitation of the latter, from 22 to
28 May 2015, by:
i.
Honourable Commissioner Lawrence Murugu Mute, Commissioner
Rapporteur for the Human Rights Situation in The Sudan and Chairperson of
the Committee for the Prevention of Torture in Africa (Head of the
Delegation);
ii.
Honourable Commissioner Lucy Asuagbor, Chairperson of the Committee on
the Protection of the Rights of People Living with HIV (PLHIV) and Those at
Risk, Vulnerable to and Affected by HIV; and
iii.
Honourable Commissioner Med S.K. Kaggwa, Special Rapporteur on Prisons
and Conditions of Detention in Africa.
The Honourable Commissioners were assisted by staff members of the Secretariat of
the Commission.
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6. The Commission previously undertook a Promotion Mission to The Sudan from 1 to 7
December 1996; the Special Rapporteur on the Rights of Women in Africa undertook
a Mission on the Rights of Women in The Sudan from 30 March to 4 April 2003; and
the Commission undertook a Fact-finding Mission from 8 to 18 July 2004.
II.
TERMS OF REFERENCE
7. The Terms of Reference for the Mission were as follows:
i.
Promote the African Charter and other relevant regional and international
human rights instruments, and raise awareness on the activities of the
Commission;
ii.
Exchange views and share experiences with the Government of The Sudan
(the Government) and other stakeholders working on human and peoples’
rights in the country on strategies to improve the enjoyment of these rights;
iii.
Strengthen relations between the Commission and the Government in the
area of promoting and protecting the rights enshrined in the African Charter
and other relevant national, regional and international human rights
instruments;
iv.
Engage in dialogue with the Government with regard to legislative and
other measures taken to implement provisions of the African Charter and
other human rights instruments ratified by the country;
v.
Gather relevant information on the situation of the rights of women, children,
asylum seekers, refugees, internally displaced persons, migrants, older
persons, persons with disabilities, indigenous groups, persons in detention,
and other categories of vulnerable persons living in The Sudan;
vi.
Gather information on the implementation of the Guidelines and Measures
for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (the Robben Island Guidelines);
vii.
Hold discussions with prison administrative officials and other stakeholders
on all issues relating to detention and prisons, including conditions of
detention;
viii.
Understand the level of enjoyment of economic, social and cultural rights of
populations in The Sudan, as well as measures taken by the Government to
implement this category of human rights;
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ix.
Gather information on the situation of human rights defenders in The Sudan
and discuss the challenges faced by human rights defenders;
x.
Exchange views and gather information on exercise of the right to freedom
of expression in The Sudan;
xi.
Exchange views and gather information on extractive industries, and assess
the impact of extractive industries on the life of populations in The Sudan as
well as on the environment;
xii.
Gather information in relation to HIV/AIDS and the measures, including
policies put in place by the Government, to prevent this pandemic;
xiii.
Follow-up on recommendations of the Commission with regard to the
human rights situation in The Sudan, including in relation to implementation
of concluding observations and recommendations, Communications made
to The Sudan, provisional measures, letters of appeal and resolutions.
xiv.
Advocate for the ratification of integral regional and international human
rights legal instruments that have not been ratified by The Sudan.
III.
METHODOLOGY
8. During the Mission, the delegation met with various stakeholders in Government,
civil society, as well as other actors involved in the protection and promotion of
human rights in The Sudan, with a view to exchange ideas and to collect the
required information to establish the state of human rights in the country, and to
identify how the Commission can assist the State in fulfilling its human rights
obligations. The delegation also sought to raise awareness among state and nonstate stakeholders about the Commission’s work and the work of its subsidiary
mechanisms.
9. To facilitate discussions with the various stakeholders, the delegation engaged
the services of an Arabic-English/English-Arabic interpreter, Mr Adham
Mutasim Albushra Muhomed Alhussan.
10. The delegation held fruitful discussions with some of the country’s highest
authorities, including the Minister of Justice; the Minister of Foreign Affairs; the
Minister of Interior; the Head of Police; the Acting Director of Primary Health
Care and Maternal Child Health; the Director General of the Ministry of Mines;
the Under Secretary of the Ministry of Welfare and Social Security; and the
Director of Legal Affairs of the National Intelligence and Security Services.
7
11. The delegation also met with the Advisory Council for Human Rights, the National
Council of Persons with Disabilities, the National Commission for Human Rights, the
Refugees Commission, and the Humanitarian Aid Commission.
12. The delegation was briefed by the African Union Liaison Office in The Sudan and the
International Partners Forum on the human rights situation in The Sudan. It further
met with the Council of African Political Parties. The delegation also held meetings
with civil society organisations, media practitioners and human rights defenders.
13. The delegation visited the Al-Huda Prison and Reformatory Centre and the
Omdurman Female Prison.
14. The delegation carried out a lecture to the students of the International University of
Africa in Khartoum.
15. The delegation also travelled to North Darfur where it held meetings with the Darfur
Regional Authority, the Special Prosecutor for Crimes in Darfur, the African Union –
United Nations Mission in Darfur, and representatives of various internally displaced
persons camps in North Darfur.
16. At each of these meetings, the delegation introduced the work of the Commission by
outlining its organisation, composition, mandate, activities and subsidiary mechanisms.
It further presented the objectives of the Mission and the need to bring out good practices
as well as to highlight challenges in order to make relevant recommendations.
17. The delegation distributed publications and documents of the Commission to the
stakeholders it met.
18. The Mission ended with a press conference.
IV.
GENERAL INFORMATION AND BACKGROUND
A. Geography, Language and Economy
19. The Sudan is one of the largest African countries in terms of its area which is 881
thousand square kilometres. It has borders with seven countries, namely, Egypt and
Libya in the North, South Sudan in the South, Chad and the Central African Republic
in the West, Ethiopia and Eritrea in the East. The population of The Sudan is
approximately 40 million people.1
1
World
Population
Review
‘Sudan
Population
https://www.google.gm/?gws_rd=cr,ssl&ei=xzsNVqqwPMrda4WqLgM#q=sudan+population+2015+UN (accessed 1 October 2015).
2015’
available
at
8
20. Arabic is the predominant language of the country but English is also spoken.
They form the two official languages in accordance with Article 8 of the 2005
Interim National Constitution of the Republic of The Sudan (the Constitution).
21. The basic natural features of The Sudan include the Nile and its tributaries. The Nile
Network provides the country with fertile arable land between the White and Blue
Niles and between Atbara River and the Blue Nile. The most important irrigation
projects are found between the Atbara and Blue Nile rivers.2 The Sudan has large
areas of cultivatable land, as well as gold and cotton.3
B. Historical and Political Background
22. A joint British Egyptian rule formally ended in The Sudan in 1956, setting the country
free from centuries of association with Egypt.
23. Two rounds of north-south civil war cost the lives of 1.5 million people, and a
continuing conflict in the western region of Darfur has driven two million people from
their homes and killed more than 200,000.4 The war between North and South Sudan
lasted for more than half a century affecting the socio-political and economic
stability of the country as it used up the country’s human and material resources.5 The
military-led government of President Jaafar Numeiri agreed to autonomy for the
south in 1972, but fighting broke out again in 1983. A series of different negotiations
were held to stop the war and reach a just and comprehensive peace. These
negotiations culminated in the signing of the Comprehensive Peace Accord which
gave the South the right to self-determination.
24. The right to self-determination was exercised by the people of South Sudan in a
referendum in accordance with the Comprehensive Peace Accord and the 2005
Transitional Constitution. The 2009 Referendum Act stipulated that a referendum
shall be held in South Sudan in January 2011. The referendum was organised by the
Referendum Commission in South Sudan in the presence of international and
local observers and it gave the options of either staying as part of The Sudan or
secession.
2 4th and 5th Periodic State Report of The Sudan, submitted in accordance with Article 62 of the African
Charter, covering the period from 2008 to 2012, paras 2 & 3.
3 BBC ‘Sudan Country Profile – Overview’ 18 June 2015, available at http://www.bbc.com/news/world-
africa-14094995 (accessed 1 October 2015).
4 As above.
5 4th and 5th Periodic State Report of The Sudan (n 2 above), para 7.
9
25. Voting was mostly conducted in a free and peaceful atmosphere as established
by international, regional and national observers. The Referendum Commission
declared the final results allowing South Sudan to establish an independent state on
9 July 2011. More than 99% voted for secession. “However, the grievances of the
northern states of South Kordofan and Blue Nile remain unaddressed, as provisions
laid out for them in the 2005 Comprehensive Peace Agreement were never fully
implemented. Independence was rapidly overshadowed by unresolved constitutional
tensions with the South, which flared up into full-scale civil war that the coup-prone
central government was ill-equipped to suppress.”6
26. Various outstanding secession issues - especially the question of shared oil revenues
and the exact border demarcation - have continued to create tensions between the two
successor states. In Darfur, in western Sudan, the United Nations has accused progovernment Arab militias of a campaign of ethnic cleansing against non-Arab locals.
7
27. The conflict has strained relations between Sudan and Chad, to the west. Both
countries have accused each other of cross-border incursions. There have been fears
that the Darfur conflict could lead to a regional war.8
C. Legal Framework
28. Article 5 of the Constitution affirms that Islamic Sharia and the consensus of the
people are the main sources of legislation.
29. In accordance with the Constitution, a number of new laws have been enacted and a
number of existing ones have been reviewed, including the following:
• 1989 Act for Combating Ill-gotten Wealth;
• 2000 Act for Combating Corruption;
• 2004 Act for Combating Money Laundering;
• 2006 Law Regulating Voluntary Work;
• 2007 Armed Forces Act;
• 2007 Political Parties Act;
• 2008 Elections Act establishing the National Electoral Commission;
6 BBC ‘Sudan Country Profile – Overview’ (n 3 above).
7 As above.
8 As above.
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• 2008 National Children’s Welfare Council;
• 1991 Sudanese Criminal Act amended in 2009 to include a chapter on crimes
against humanity, war crimes and genocide;
• 2009 National Human Rights Commission Act;
• 2009 Press and Publications Act;
• 2009 Disabled Persons Act;
• 2009 South Sudan Referendum Act;
• 2009 Abeye Area Referendum Act; and
• 2010 Children’s Act.
30. The Sudan has ratified the following major regional and international human rights
instruments:
•
OAU Convention Governing the Specific Aspects of Refugee Problems in
Africa (24/12/1972);
•
OAU Convention for the Elimination of Mercenarism in Africa
(26/08/1978);
•
African Charter on Human and Peoples’ Rights (18/02/1986);
•
OAU Convention on the Prevention and Combating of Terrorism
(15/04/2003);
•
African Charter on the Rights and Welfare of the Child (30/07/2005);
•
African Charter on Democracy, Elections and Governance (19/06/2013);
•
International Convention on the Elimination of All Forms of Racial
Discrimination (21/03/1977);
•
International Covenant on Civil and Political Rights (18/03/1986);
•
International Covenant on Economic, Social and Cultural Rights
(18/03/1986);
•
Convention on the Rights of the Child (3 August 1990);
•
Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict (26/07/2005);
•
Optional Protocol to the Convention on the Rights of the Child on the sale
of children, child prostitution and child pornography (02/11/2004);
11
•
Convention on the Rights of Persons with Disabilities (24/04/2009); and
•
Optional Protocol to the Convention on the Rights of Persons with
Disabilities (24/04/2009).
31. The above-stated instruments form an integral part of the Constitution and parts of
the provisions of these instruments have been incorporated into the body of domestic
laws. Article 27(3) of the Constitution considers all the rights and freedoms contained
in ratified human rights instruments as an integral part of the Constitution.
D. Governance Structure
32. The Sudan follows a presidential system, where the president is directly elected by the
people. The presidency is composed of the Presidential Council which includes the
president and his 2 vice-presidents in accordance with Article 51 (1) of the
Constitution. The mandate of the president is 5 years from the date of actually taking
up office with a possibility of re-election for another one period mandate in line with
Article 57 of the Constitution.
33. Article 177(a) of the Constitution provides for a federal system of governance and
each state has an executive organ headed by a governor elected by the people of the
state. Article 180 of the Constitution gives each State the right to establish a Legislative
Council whose members are elected in accordance with the laws of the particular State
and as may be decided by the National Electoral Council.
34. The judiciary comprises of the Supreme Court, the Court of Appeal, Public Courts,
District Courts and, Town and Rural Courts. The Constitutional Council was
established under Article 119 of the Constitution and is composed of 9 judges, whose
duty includes interpreting constitutional texts based on international human rights
principles and ensuring protection of constitutional rights.
PART TWO
I. CONDUCT OF THE MISSION
35. This section of the Report provides highlights of the series of meetings held with
diverse stakeholders involved in the protection and promotion of human rights in The
Sudan.
A. Ministries
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1. Meeting with the State Minister of Foreign Affairs
36. The delegation met with the State Minister of Foreign Affairs, Mr Kamal Ismail and
the Director of the Human Rights Department in the Ministry, Ambassador Mohamed
Almortada Mobarak. The State Minister stated that The Sudan welcomes and
supports African institutions such as the Commission, and stressed The Sudan’s
willingness to work with the Commission in addressing identified short-comings.
37. The delegation thanked the State Minister for The Sudan’s participation in the
Commission’s activities, underscored the importance of the will of State Parties in
promoting and protecting human and peoples’ rights, and introduced the
Commission’s mandate and activities, its special mechanisms, and raised some issues
of concern. Some of these issues of concern include the non-ratification of the Protocol
to the African Charter on Human and Peoples’ Rights on the Rights of Women in
Africa (Maputo Protocol), Convention on the Elimination of all forms of
Discrimination against Women (CEDAW), the African Union Convention for the
Protection and Assistance of Internally Displaced Persons in Africa (Kampala
Convention), as well as other major regional and international treaties. Further, the
delegation urged The Sudan to submit its outstanding periodic state report to the
Commission. The delegation also inquired about instabilities in certain regions of The
Sudan.
38. The State Minister indicated that these instruments will be brought to the attention of
relevant stakeholders/government bodies for their action. As regards the Maputo
Protocol, he stated that The Sudan will likely ratify the treaty, with some reservations.
39. In relation to inquiries into the instabilities in the Kordofan and Blue Nile regions, the
State Minister indicated that The Sudan has done everything that is expected of it, and
hopes that South Sudan will do the same.
2. Meeting with the Minister of Justice
40. The delegation had a working session with the Minister of Justice, Mr Mohammed
Bushara Dousa, also in the presence of other officials of the Ministry and Members of
the Advisory Council on Human Rights (ACHR). In his introductory remarks,
Commissioner Mute expressed the Commission’s gratitude to The Sudan for
welcoming the promotion mission and then introduced the delegation. Commissioner
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Mute gave an overview of the Commission’s mandate, its various special mechanisms
and the purpose of the mission.
41. The Minister of Justice welcomed the delegation’s visit and noted its importance in
showing the actual human rights situation in The Sudan, as opposed to solely relying
on reports of other non-state bodies. He added that The Sudan is open to cooperation
with human rights bodies such as the Commission and the United Nations mandate
holders.
42. The Minister stated that The Sudan is committed to the promotion and protection of
human rights; it regularly attends the Commission’s sessions, submits periodic state
reports regularly, and has ratified major international human rights treaties. He
further stated that The Sudan’s customs and religion are human rights friendly.
43. The Minister mentioned other measures that The Sudan has taken in compliance with
its obligation to promote and protect human rights, including efforts to align domestic
laws with international and regional standards and the establishment of national
institutions with human rights mandates including the ACHR.
44. He added that the Ministry of Justice ensures the rule of law and monitors compliance
of government institutions with their obligations. It ensures compliance of national
laws with international standards.
45. He stated that the major challenges the country faces in fulfilling its human rights
obligation include the unilateral sanctions imposed on it by the United States and the
lack of assistance from the international community.
46. The delegation thanked the Minister for the briefing and appreciated The Sudan’s
continued participation at the Commission’s Sessions, but urged The Sudan to submit
its outstanding state report in accordance with Article 62 of the African Charter.
3. Meeting with the Minister of Interior and Head of Police
47. The Minister of Interior, Mr Ibrahim Mahmoud Hamed, together with other members
of the Ministry and the Head of Police, received the delegation in the course of the
promotion mission. The Minister stated that he welcomes the visit of African human
rights institutions, such as the Commission.
48. The delegation introduced the Commission, its mandate and activities, its special
mechanisms, as well as the objective of the mission. The delegation then raised some
major issues of concern to the Commission, including the alleged arrest and detention
of individuals for prolonged periods in violation of Sudanese laws; confiscation of
14
newspapers and whether due process is observed before, during and after the
confiscations; trainings to personnel of the Ministry or police on human rights issues;
information on investigations into the September 2013 killings of demonstrators;
whether investigations generally take place when complaints are received; if there are
cases of personnel who have been prosecuted for excessive use of force and whether
any disciplinary action has taken place against them; allegations of police brutality
and torture by the National Intelligence and Security Services (NISS); which body
regulates the acts of NISS; threats, intimidation and violence in the April 2015
elections; and in rape cases, whether the victims are given post-exposure prophylaxis
(PEP) within 72 hours to reduce the likelihood of HIV infection.
49. The Minister questioned the authenticity of the reports received at the Commission,
which according to him is a reflection of the freedom of expression exercised by the
people of The Sudan, who are free to approach institutions such as the Commission
with complaints. He added that the people of The Sudan are frustrated by the effect
of the unilateral sanctions imposed by the United States, which has particularly
affected the economic fulfilment of the people.
50. The Minister further stated that in relation to the September 2013 killing of
demonstrators, the demonstrations were held without clearance and therefore
illegally, and the police were also attacked by the demonstrators.
51. As regards trainings, the Minister indicated that human rights are integrated into
courses at all levels, and not only in the police academy, but also in the army trainings.
The Minister stated that he is not aware of disciplinary measures taken against
personnel for excessive use of force. Concerning the provision of PEP by police in
cases of rape, it was stated that there are specialised police departments which deal
with such matters. The Minister stated that the April 2015 elections was transparent
and fair, and was attended by several observers from around the world. In relation to
NISS, the Minister of Interior admitted that there may be some irregularities, but that
NISS does not prevent people from expressing their opinion.
4. Meeting with the Acting Minister of Health
52. The Acting Director of Primary Health Care (PHC) and Maternal Child Health
(MCH), Dr Nada Gaafer Osman, accompanied by three other members of the
Ministry, welcomed the delegation on behalf of the Ministry of Health, after which
the delegation expressed thanks and introduced the Commission’s work and purpose
of the mission.
15
53. The delegation then asked questions on the right to health in The Sudan, including
whether Sudanese people are aware of their right to the highest attainable standard
of health; how much of The Sudan’s budget is allocated to health; whether free
treatment is provided; statistics on the number of hospitals, doctor-patient ratio, and
maternal mortality; the sexual and reproductive rights women are entitled to; and the
treatment of women with disabilities who are pregnant.
54. In relation to PLHIV, the mission sought to know statistics for PLHIV, disaggregated
in terms of sex, age and region, as well as statistics on the provision of prevention of
mother to child transmission (PMTCT); efforts to reduce HIV transmission including
by putting in place legal and institutional framework; whether there are instances of
discrimination against PLHIV and if there are any cases in that regard; where cases of
discrimination are brought forward, whether legal aid is provided to the victims;
whether taxes are imposed on HIV medication; Whether there is a policy at the level
of the Ministry on orphan and vulnerable children (OVCs); and what is The Sudan
doing in light of the global movement for zero infection.
55. The Acting Director informed the delegation that: the right to health is enshrined in
the Constitution of The Sudan; the Government is progressively working to ensure
that 15% of the budget is allocated to health; the treatment and medication provided
for common illnesses is satisfactory; taxes are not imposed on medication; and the
PHC service meets international standards including preventive and curative
services.
56. She added that 14% of the population does not have access to PHC mostly because of
geographical considerations as 8% of the Sudanese population are nomads. However,
there are community health workers who assist the nomadic communities. From 2014,
there has been expansion of PHC services, particularly in the area of free drugs and
contraceptives. These drugs include iron supplements for pregnant women. PHC also
includes the provision of basic antenatal care free of charge. Further, cancer treatment
is free, and there are 3 cancer treatment centres.
57. As regards statistics, there is 1 midwife per 13,000 patients, and the maternal mortality
rate is 206 maternal deaths per 100, 000 live births. Efforts are being made to train
more midwives and to increase the budget allocation.
58. The delegation was informed that abortion is a priority area for the Ministry, and that
capacity-building is required on how to deal with abortion and post-abortion care.
Abortion is illegal in The Sudan, unless for medical reasons. Even in the case of rape,
the victim receives pregnancy-preventive treatment, but if the victim is pregnant she
receives care until delivery.
16
59. Regarding HIV, the mission was informed that The Sudan has low incidence: the
infection rate reduced from 1.6% in 2002 to 0.24% in 2015. There are 370 centres with
trained doctors following up on PMTCT and antenatal care. These centres offer
services to Sudanese and non-Sudanese individuals without any distinction. Centres
which provide treatment for other opportunistic infections, such as tuberculosis (TB)
and malaria, now also provide HIV treatments. In this regard, there are 168 hotspots
and 36 Centres which provide treatment for these infections.
60. Female migrant sex workers have been identified as the most at risk segment of
population for HIV infection, and so there is a project on this group. In collaboration
with non-governmental organisations (NGOs), there are efforts to involve the group
in other income generating activities. Further, they are entitled to free treatment at
any of the centres. The Ministry works to prevent HIV infection amongst sex workers
or provide treatment, even though sex work is illegal in The Sudan.
61. On victims of rape, the mission was informed that victims are screened for HIV and
PEP is administered within the required timeline. There is follow-up on the victims’
health for up to six months.
62. As regards sterilisation of women living with HIV, it was explained that there are no
such cases, and that it is also not in line with Islam.
63. On OVCs, the Acting Director explained that there is no specific policy on it, but the
Ministry works with non-governmental and governmental organisations such as the
Ministry of Welfare and Social Security to ensure their protection. Following a study
on the issue, a strategic plan was developed which includes the provision of care for
OVCs. The Ministry of Welfare and Social Security has a committee working on the
protection of OVCs.
64. There is a draft law on the protection of PLHIV, but it has not been signed by the
President yet. However, there are not many cases of discrimination against PLHIV.
5. Meeting with the Director General of the Ministry of Minerals
65. The delegation was received by the Director General of the Ministry of Minerals, Dr
Yousif Elsamani. The delegation thanked the Director General and introduced the
work of the Commission as well as the purpose of the mission. The delegation
inquired about how The Sudan is managing its wealth, environment and realising
peoples’ right to development. The delegation further requested for information on
the impact the separation with South Sudan has had on mining; the process for
expropriation where minerals are found on private or communal land in terms of the
17
principle of free, prior and informed consent; whether there are social impact audits;
in light of a recent mine collapse, what safety protocols are in place; Whether most
mining takes place in the formal or informal sector; whether Ministry staff are trained
on environmental law; and whether there is a budget line for environmental
preservation.
66. The Director General welcomed the questions from the delegation and explained that
The Sudan has a vast area, and therefore vast resources, particularly gold. He stated
that there is large-scale, small-scale and traditional mining. He added that there are
163 agreements for large-scale mining and the number is expected to rise. He
explained that The Sudan encourages large companies to invest in the country, and
ensures that proper safety and environmental regulations are respected. He added
that the Ministry has a body responsible for environmental protection.
67. The Director General explained that the Ministry aims to develop traditional mining
and has set up a common vision to establish, develop and legalise traditional mining.
In this regard, the Ministry has set up bodies at the ministerial and community levels
to supervise the sector and ensure its development and legalisation.
68. In relation to safety, the Director General stated that the Ministry has conducted
studies to combat the negative impact of mining mercury and other harmful
substances, and is on course to finding a replacement for the substances and banning
them. Further, when an area is identified for mining, a comprehensive study is
undertaken to identify any harmful impacts. Medical and safety tools are provided as
well.
69. Regarding training of staff of the Ministry, the Director General explained that there
is a body which focuses on monitoring and it also facilitates trainings. The Mining
Police, Mining Security and Economic Security are bodies in the Ministry that
collaborate to ensure the non-exploitation of people working in mining, particularly
vulnerable groups.
70. As regards the displacement of land owners for mining activities, the Director General
stated that there is a procedure for adequate compensation, through collaboration
between the Ministry, regional authorities and the community.
71. The Director General stated that one of the major problems the Ministry, and the
country as a whole faces, is the smuggling of minerals out of The Sudan. The Sudan
has entered into an agreement with the Great Lakes region countries to address this
problem.
18
6. Meeting with the Under Secretary of the Ministry of Welfare and Social
Security
72. The delegation met the Under Secretary of the Ministry of Welfare and Social Security,
Ms Khadiga Abu El-Gassim Hag Hamed as well as 13 other members of the Ministry
and other government bodies. The Under Secretary briefed the delegation on the work
of the Ministry, including its developmental strategies; programs with other entities
or Ministries; supervision of retirees or pensioners fund; implementation of strategic
funds regarding social security and social development; gender specific programmes;
poverty eradication; humanitarian aid for persons in conflict or disaster zones; work
with vulnerable groups such as children, women, persons with disabilities, and the
elderly; protection of OVCs; and the Violence against Women (VAW) Unit.
73. The delegation thanked the Under Secretary for the briefing and introduced the work
of the Commission, its special mechanisms and the purpose of the mission. The
delegation asked questions relating to whether the Ministry has offices in each state;
if there is a unit working on issues pertaining to older persons; what the Ministry is
doing to address Female Genital Mutilation (FGM); the programme for OVCs; women
empowerment projects; issues of forced labour; youth employment programmes;
racial discrimination issues; discrimination against women; and rights of nomads.
74. The Under Secretary and other officers explained that the Ministry is represented in
all 18 states, and that it also conducts its work through NGOs and the Humanitarian
Aid Commission (HAC).
75. In relation to the pensioners’ fund, 8% arises from contributions from the pensioners,
while the remaining amount is from the Ministry of Finance. There is a consolidated
social security fund. Further, the age of retirement was raised from 60 to 65 following
a decree issued by the President in January 2015. This change came about following a
request by civil servants and observations that men and women are now able to work
longer due to improved living standards.
76. It was stated that 4% of the Sudanese population is elderly and there are specialised
units within the Ministry working on issues pertaining to the elderly. In the traditional
setting, the family is the primary care-provider for the elderly. The government is
working on the enactment of legislation on elderly persons.
77. As regards persons with disabilities, the mission was informed that The Sudan has
ratified the Convention on the Rights of Persons with Disabilities (CRPD) and a
National Council for Persons with Disabilities was consequently established. One of
the projects the Ministry is working on is the production of wheel chairs locally.
19
78. In relation to OVCs, the Ministry has a specialised department for OVC care. It was
stated that there are donors who wish to provide direct assistance, but the Ministry
ensures that assistance is directed through family members. As regards adoption, it is
prohibited under Islamic law, but the Ministry encourages sponsorships. OVCs are
exempted from paying fees for primary education. Moreover, there are three centres
for OVCs.
79. Concerning FGM, the National Council for Child Welfare (NCCW) has been pushing
for the adoption of the draft law criminalising FGM. It was stated that there are
already four regions which have criminalised FGM, and there are many initiatives to
combat it, including the Saleema movement. The practice of FGM has reduced in The
Sudan, although a lot more needs to be done.
80. In relation to the empowerment of women, it was explained that there is a Directorate
on Women which develops plans, policies and strategies in coordination with
governmental and non-governmental bodies. The Directorate is represented in 17
states across The Sudan.
81. Regarding The Sudan’s nomadic population, it was stated that there is a council which
oversees issues pertaining to that segment of society, particularly the empowerment
of nomadic women and their right to education. There are mobile schools for nomads
which travel with them.
82. In the efforts to fight poverty, the Ministry also organises the collection and
distribution of Zakat, which obliges Muslims to contribute to a fund for the very poor.
Millions of Sudanese pounds are collected through this scheme, which has been found
to be one of the most efficient means of eradicating poverty.
B. National Institutions
7. Meeting with the Advisory Council on Human Rights (ACHR)
83. The Solicitor-General and Rapporteur of the ACHR, Dr Muaz A. M. Tungo, together
with fourteen (14) ACHR staff members welcomed the delegation. The Rapporteur
explained that the ACHR is a coordinating body established in 1994 through a
presidential decree to promote and protect human rights in The Sudan. He added that
it is comprised of government ministries/departments, as well as civil society.
According to the Rapporteur, the ACHR is among other tasks, responsible for
compiling and presenting periodic state reports, as well as representing The Sudan at
national, regional and international human rights forums.
20
84. Members of the delegation thanked ACHR for its role in facilitating the undertaking
of the promotion mission, and briefed the ACHR about the Commission, its mandate,
activities, special mechanisms and the purpose of the mission.
85. The delegation requested for information on when The Sudan will submit the one
outstanding periodic state report to the Commission in accordance with Article 62 of
the African Charter. The delegation also asked questions on the status of
implementation of the Commission’s various recommendations, provisional measure
orders and letters of appeal. The delegation further inquired as to if and when The
Sudan will ratify the Maputo Protocol and the CEDAW. It also asked questions about
whether The Sudan is a monist or dualist state.
86. The delegation further queried into allegations of confiscation of newspapers, the
imposition of corporal punishment and capital punishment in the country. It also
asked if the ACHR receives complaints on instances of discrimination against PLHIV.
87. The Rapporteur of the ACHR explained that The Sudan is monist in some aspects and
dualist in others. While self-executing treaties are directly applicable, non-selfexecuting treaties require the adoption of separate legislation.
88. In relation to confiscation of newspapers, ACHR representatives explained that
confiscations take place in exceptional circumstances, such as when journalists violate
the defamation law, and there is in place guidelines on confiscation, as well as a Press
Council which looks into press freedom.
89. As regards the Maputo Protocol, the ACHR explained that the country does not have
a position on ratifying it yet, because the African Union (AU) does not do enough to
promote its treaties. On CEDAW, the ACHR stated that The Sudan does not agree
with some of the provisions in the instrument because it is not in line with Islam, and
CEDAW does not allow any reservation.
90. The ACHR stated that there is no discrimination against PLHIV. They added that
there are not many instances of discrimination against minorities, including
Christians. It used to be an issue when South Sudan was part of The Sudan. Further,
sharia law and applicable punishments like flogging and stoning does not apply to
Christians.
91. The ACHR reiterated the statement by the Minister of Justice of how the unilateral
sanctions by the United States are inhibiting the promotion and protection of human
and peoples’ rights in the country.
8. Meeting with the National Commission for Human Rights (NCHR)
21
92. The delegation met with the Deputy Chairperson of the NCHR, Mr Joseph Soliman
Khalil, as well as seven other members of NCHR. The Deputy Chairperson welcomed
the delegation and briefed them on the establishment of the NCHR, its members,
mandate and activities. He explained that the NCHR protects the bill of rights
enshrined in the Sudanese Constitution, and receives complaints.
93. The delegation introduced itself, the Commission, its mandate, activities and special
mechanisms. The delegation stressed the importance the Commission attaches to its
relationship with national human rights institutions (NHRIs), and highlighted some
areas in which the Commission collaborates with NHRIs. The delegation further
indicated that the NCHR could apply for affiliate status with the Commission, which
would enable it to report on human rights issues in Sudan at the Commission’s public
sessions, as well as engage with the Commission or its special mechanisms on other
activities.
94. The delegation then asked questions related to whether the NCHR has been
accredited by the International Coordinating Committee for National Human Rights
Institutions (ICC); the level of independence enjoyed by the NCHR; statistical data on
the number of complaints received and remedies awarded; major problematic areas
identified in complaints received; whether the NCHR receives complaints on rape,
reprisal against human rights defenders, police brutality or complaints against NISS
officials; NCHR’s findings on the 30 October 2014 allegations of mass rape in Tabit,
Northern Darfur; funding of NCHR; appointment process of members of NCHR;
relations with NGOs; and which body the NCHR reports to.
95. The Deputy Chair and other members of the NCHR made the following clarifications.
The Government does not interfere in the activities of the NCHR. The NCHR submits
its report to the president and parliament. A large percentage of the NCHR budget
comes from a consolidated fund under the presidency and it can also receive funds
from donors such as the United Nations Development Programme (UNDP) for
capacity-building activities. There are specialised committees within the NCHR and
Commissioners are responsible for various areas.
96. It was stated that the Complaints Committee is the most active committee within the
NCHR. Matters which are before courts or have been adjudicated on by courts cannot
come before the NCHR. It receives complaints from individuals and NGOs and after
processing the complaints, makes recommendations. Although Government bodies
used to disregard its letters of appeal or inquiry, lately they have been eager to
cooperate with the NCHR.
22
97. NCHR members added that most of the complaints it receives relate to arbitrary
detention by NISS or the police, confiscation of land, and arbitrary dismissal from
work. NCHR has a contact person at NISS, and it has good working relations with
NISS. There have been instances of torture and ill-treatment committed by NISS.
While some of their recommendations have been taken on board by NISS, others have
not.
98. In relation to the mass rape allegations in Tabit, the Commissioner on Women’s Rights
explained that she visited the area and talked to several people, including residents,
police and armed forces as well as medical professionals, but could find no evidence
of mass rape.
99. As regards the NCHR’s relations with the Commission, members explained that the
NCHR has attended all of the Commission’s sessions since May 2012, but does not yet
have affiliate status, which it undertook to apply for in time for the 57 th Ordinary
Session. As for accreditation before the ICC, the NCHR members stated that they have
not been accredited yet, but hope to start the process soon.
100. Finally, the NCHR called for technical assistance from the AU generally and the
Commission in particular, to enable it become more efficient in its work.
9. Meeting with the National Council for Persons with Disabilities
101.
The General Secretary of the National Council for Persons with Disabilities, Mr
Abu Osama Abdalla Mohamed Taktook, together with other members of the Council,
some of whom are persons with disabilities, welcomed the delegation. The General
Secretary explained that the Council was established following the adoption of the 2009
Disability Act and is under the Ministry of Welfare and Social Security. Members of the
Council comprise government representatives and civil society as well. He added that
there are 18 Council Offices in The Sudan’s various states. He stated that The Sudan
ratified the CRPD on 24 April 2009.
102.
The Secretary General averred that although a lot has been done in terms of the
adoption of laws in relation to the rights of persons with disabilities, a lot more needs to
be done on implementation, which is why the Council works to mainstream the
interests/rights of persons with disabilities into the action plan of ministries.
103.
The Secretary General also stated that issues of persons with disabilities do not end
with the Government, and that a lot needs to be done to raise awareness and change
society’s attitude towards persons with disabilities. He also underscored the need for
support from regional and international actors such as the AU and United Nations (UN).
23
104.
The delegation introduced the Commission, its mandate, activities, special
mechanisms and the purpose of the mission. The Head of the Mission, Commissioner
Mute, who is also a member of the Working Group on the Rights of Older Persons and
Persons with Disabilities, highlighted the Commission’s framework on the rights of
persons with disabilities, including the mandate and activities of the Working Group on
the Rights of Older Persons and Persons with Disabilities, as well as the Draft Protocol
to the African Charter on Human and Peoples’ Rights on the Rights of Persons with
Disabilities.
105.
The delegation posed questions on whether the Council has members with
mental/intellectual disabilities to ensure diversity of representation of persons with
disabilities; if the Council oversees implementation or monitoring; if there is a fully
independent monitoring body in accordance with Article 33 of the CRPD; whether the
Council is working towards assisting the Government in moving from a charity model
to a rights model in relation to persons with disabilities; efforts at ensuring accessibility
for persons with disabilities, particularly in public spaces; how persons with disabilities
are accommodated/treated in prisons and mental institutions and whether there are
monitoring authorities in these institutions; and efforts at raising awareness of persons
with disabilities on how they could be affected by HIV.
106.
In response to the queries of the delegation, the Secretary General of the Council
explained that there are no Council members with mental disability; the Council carries
out the task of implementation and monitoring, although its primary task is
mainstreaming; implementation is a big challenge; there is discrimination and stigma
against persons with disabilities, especially mental disabilities; 5% of the population in
The Sudan has disabilities; and the Council is working on issues of disability and HIV.
10. Meeting with the National Intelligence and Security Services (NISS)
107. The delegation met with the Director of Legal Affairs of NISS, Mr Omer Altaher
Abdalgum, and introduced the Commission, its activities and mandate, as well as the
purpose of the promotion mission.
108. The Director made a comprehensive presentation of the background to the
establishment of NISS, and how it has progressed over the years. He explained that
in 2010, the National Security Act was adopted. It mostly regulates administrative
matters, such as the administrative detention of persons in cases which affect national
security. The Act guarantees the rights of persons in NISS detention, such as the right
of the detainee to be informed of the reasons for detention, to contact their family or
24
lawyers, not to be subjected to torture or ill-treatment, and to be placed in a detention
cell which meets basic standards of detention.
109. The Director indicated that there are more than 18 judicial, executive and internal
mechanisms which have the mandate to inquire, investigate and regulate the acts of
NISS. He added that one of the internal mechanisms is the Citizen Information Centre
which receives complaints and works 24 hours a day. Ordinary, military, as well as
administrative courts serve as judicial mechanisms to regulate the acts of NISS. One
of the executive mechanisms which monitor the acts of NISS is the National Security
Council. The ACHR and the NCHR also regulate the acts of NISS, as they bring urgent
appeals to the attention of NISS. The ACHR and NCHR usually receive those
complaints from the public and civil society. He added that most complaints are due
to weak police in The Sudan.
110. The Director mentioned instances whereby courts have ruled against NISS,
including by authorising the printing of newspapers which were confiscated by NISS
and requesting NISS to pay compensation to the applicant. Further, at least three NISS
staff members have been dismissed as part of disciplinary measures.
111. The Director further stated that human rights trainings for NISS officials are
compulsory. As regards the limitations on freedom of expression, it is only when it
poses a threat to national security.
112. The delegation thanked the Director and raised some issues of concern, including
the relationship between the police and NISS, and the Ministry of Interior and NISS;
broad and vague provisions in the National Security Act which give immunity to
NISS officials and collaborators for acts performed in the course of duty; whether due
process is observed when NISS confiscates newspapers; what factors NISS takes into
account when deciding to ban NGOs or political parties; whether NISS officials have
ever been held accountable for acts of torture or extra-judicial killings; and the length
of detention of individuals before they are taken to court.
113. The Director started by stressing the negative effects the unilateral sanctions by
the United States have had on the realisation of human rights in the country. He then
explained that the major difference between the police and NISS is that NISS works
primarily on gathering intelligence and aims at preventing crimes before they occur.
As regards immunity of NISS officials, he stated that it is not absolute, it could be
lifted when they abuse their powers and added that there have been many cases
where NISS officials have gone on trial.
25
114. In cases of confiscation of newspapers, the Director explained that NISS follows
due process and that the newspapers are free to appeal to courts. He added that in
most cases confiscations take place because newspapers fail to follow the 2009 Press
Law and disregard notices.
115. Regarding the September 2013 killing of demonstrators, the Director stated that a
Fact-finding Committee was set up in the Ministry of Justice on the matter.
116. On the banning of NGOs, the Director indicated that NGOs are closed when they
fail to fulfil the criteria for their establishment.
117. On the issue of detention periods before detainees are taken to courts, the Director
clarified that the usual detention period is up to 15 days, but if there is material
evidence that may result in conviction or there is need for further investigation, the
issue will be referred to the National Security Council which may extend the detention
period for up to three months.
11. Meeting with the Commission for Refugees
118. At the Office of the Commission for Refugees (COR), the delegation held a
working session with the Commissioner for Refugees in The Sudan, Mr. Hamad
Elgizouli Morowa. Among other matters, the discussions focused on the total number
of refugees, the overall situation regarding the rights of refugees, the challenges the
government faces in relation to providing assistance and protection to refugees, cases
of sexual violence against refugees, cases of refoulment, and ratification of the African
Union Convention for the Protection and Assistance of Internally Displaced Persons
in Africa (Kampala Convention).
119. The Commissioner for Refugees briefed the delegation on the situation of refugees.
The Sudan has been hosting refugees for several decades, most of whom are from
South Sudan, Eritrea and Syria. He indicated that there are three categories of persons
covered under the COR mandate, refugees living in camps, refugees living in urban
areas, and asylum seekers. He stated that refugees from South Sudan are not
considered as refugees but as brothers and sisters, and special treatment is given to
that category of refugees as directed by the President of The Sudan.
Number of refugees in The Sudan
State
Out of camps
In camps
Total
26
Kasala
Algadarif
Portsudan
Aljazeera
Western States
Khartoum
Total
77557
59303
43482
15431
69923
166254
431950
214542
13000
0
1206
8674
0
237422
292099
72303
43482
16637
78597
166254
669372
Table statistics provided by the Commissioner for Refugees
120. The Commissioner further indicated that the National Refugees Act provides for
assistance to be given to refugees, and only refugees in camps are assisted. Refugees
living in urban areas do not receive assistance.
121. Regarding the rights of refugees to health, education, and other services, the
Commissioner indicated that there are schools and health centres within the refugee
camps. He added that the facilities are sometimes used by the local population living
near the camps.
122. On the issue of refoulment, he indicated that The Sudan never sends refugees to
their country of origin against their will. He added that refugees leave when voluntary
repatriation is organised. However, he indicated that people who enter the country
illegally, such as economic migrants, are sometimes taken back. Regarding the means
of distinguishing economic migrants from refugees, he indicated that a refugee status
determination is conducted whenever the Office receives an asylum application.
123. The Commissioner stated several challenges faced by the Office, including human
trafficking and smuggling, which continue to be a problem despite the adoption of an
Anti-Human Trafficking Act by the Government in March 2015 and the establishment
of an Anti-trafficking body. He also indicated that security in camps is not adequate
due to insecurity in neighbouring regions. He added that there is a category of asylum
seekers who come to The Sudan to transit to Europe or Israel.
124. Regarding the ratification of the Kampala Convention by The Sudan, he explained
that the issue of internally displaced persons falls outside the mandate of the COR.
12. Meeting with the Humanitarian Aid Commission
125. At the HAC, the delegation met with the General Commissioner, Mr. Ahmed
Mohamed Adam and his colleagues. The discussions focused amongst others on the
role of the HAC, the procedures for registration of NGOs, the issue of deregistration
27
of some associations, the support provided by the Government to NGOs, capacity
building of NGOs, the issue of reprisals on human rights defenders, and the assistance
given to Internally Displaced Persons (IDPs).
126. The General Commissioner began with a brief presentation on the HAC. He
indicated that it is a national body established by the Humanitarian Aid Act of 2006.
The HAC is responsible for coordinating humanitarian aid in The Sudan. It is also
responsible for working with local and international NGOs in The Sudan.
127. He stated that there are two types of aid. The first is aid for emergency situations,
for which the procedure is fast-tracked and takes less time. The second category is
rehabilitation and recovery, which serves to build schools and other development
infrastructures.
128. The delegation was informed that the HAC distributes aid according to need and
the situation of the beneficiaries. For example, IDPs get basic services such as food,
shelter and water.
129. With regards to the number of NGOs and the process of registration, the General
Commissioner told the delegation that there are 4,300 local NGOs, 97 international
NGOs and 53 networks registered in The Sudan. Regarding registration of NGOs, it
was indicated that the HAC is the body responsible for handling NGO related
matters, and it works in close collaboration with 9 ministries which have offices in the
HAC building to ensure that the NGOs finalise their issues in one building rather than
go to different ministries.
130. On the question of support provided by the Government to NGOs qualified as
pro-government, the HAC representatives indicated HAC treats all NGOs equally
according to its regulations. It was also stated that NGOs do not get any support from
government. However, all registered NGOs have tax and custom exemption, except
fees for services. As an example, the delegation was informed that when the registered
NGOs import cars, they do not pay any tax.
131. Regarding the required number of people to form an NGO or the number of NGOs
that can form a network, the delegation was informed that an NGO can be created by
not less than thirty (30) people and a network by a minimum number of ten (10)
NGOs.
132. The delegation was also informed that if an NGO wants to open an account, it has
to get a letter from the HAC to make sure that the organisation is registered, and also
because legislation on money laundering and anti-terrorism require clearance.
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133. With regards to freedom of association, the delegation was informed that the
NGOs are allowed to work freely as long as they are duly registered. Criteria for
registration include: that an organisation have not less than 30 people, have a
constitution, have an executive body, state how it gets funds, submit financial report
annually, not be involve in profit making schemes, and limit their activities to their
stated objectives.
134. Regarding the issue of de-registration of NGOs, the delegation was informed that
some NGOs de-register themselves by for example not reporting or not paying the
annual fee of 40 dollars a year.
135. Regarding recourse provided in case an NGO is refused registration or is deregistered, the General Commissioner affirmed that there is an appeals process
through which NGOs can appeal.
136. Concerning training programs for NGOs, the delegation was informed that such
a program takes place. Training was held in 2014 for more than 100 NGOs to improve
their technical skills.
137. The delegation was informed that funds for NGOs from external sources come
through the UN Work plan and the Government takes no percentage of the money at
any level. As regards funding for the HAC, it has strong collaboration with regional
and international partners. The HAC has bilateral funding from different countries
such as China and Saudi Arabia, but also gets funding from Organisations including
the Arab League, the Organisation of Islamic Cooperation (OIC), the AU, the
Intergovernmental Authority on Development (IGAD) as well as from international
NGOs.
138. The delegation seized the opportunity to inform the representatives of HAC about
the possibility of civil society organisations obtaining observer status with the
Commission, and explained that this status will enable them to become partners of
the Commission and to participate in its sessions and other activities.
C. CSOs/Media Professionals
13. First Meeting with Civil Society Organisations / Media Professionals
139. The delegation held a working session with civil society organisations (CSOs)
working on human rights issues in The Sudan. The session was held with about 26
persons representing various organisations.
29
140. The delegation welcomed participants to the Meeting, and briefed them on the
mandate, activities, communications procedure and special mechanisms of the
Commission, as well as the purpose of the mission and the meeting with CSOs /
media professionals. The delegation also spoke of the significance the Commission
attaches to its relations with NGOs, which is why it grants observer status to NGOs.
It encouraged the NGOs that do not have observer status with the Commission to
apply for observer status. The delegation then asked participants to highlight areas of
concern identified in the course of their work, or any other matter which they wish to
bring to the Commission’s attention.
141. Some of the issues raised include, recruitment of child soldiers; tribal conflicts; lack
of financial and technical capacity of local NGOs in order to operate meaningfully; the
unilateral sanctions imposed by the United States; division amongst activists; the lack
of awareness about the African human rights system in general and the African
Charter in particular; need to expedite adoption of the Sudanese Information Law;
although Government has now adopted a law prohibiting FGM, a lot more needs to
be done; more effort needed to address human trafficking; lack of clarity on the mass
rape allegations in Tabit and therefore need for further investigation; and the need to
accelerate law reform.
142. The participants also mentioned some positive developments, including the
successful convening of general elections in April 2015; increase in the percentage of
women in parliament from 25% to 30%; enactment of law prohibiting FGM; and
respect for the rights of prisoners.
143. The delegation thanked the participants for their contributions and assured them
that the issues raised would be brought to the attention of the relevant government
bodies and also highlighted in the mission report.
14. Second Meeting with Civil Society Organisations, Media Professionals and
Human Rights Defenders
144. The delegation met other CSOs, media professionals and human rights defenders
who were unable to attend the first meeting held with similar groups. At least ten
participants were present at this meeting.
145. The delegation welcomed participants to the Meeting, and briefed them on the
work of the Commission and the purpose of the mission. The delegation highlighted
the Commission’s interest in strengthening relations with civil society, the process of
granting observer status to NGOs and how they could contribute to the Commission’s
30
aim of promoting and protecting human rights in the continent. It encouraged the
NGOs that do not have observer status with the Commission to apply for observer
status, which would allow them to speak during the Commission’s Ordinary Sessions
on the human rights situation on The Sudan. The delegation then asked participants
to highlight areas of concern identified in the course of their work, or any other matter
which they wish to bring to the Commission’s attention.
146. According to the participants, a key pressing issue is the continuing civil war in
three regions of The Sudan following its separation from South Sudan . Not enough
is being done to seek a lasting peaceful solution. Participants indicated that instead of
dealing with the conflicts as rebellions, it is preferable to commit to negotiations and
find a peaceful solution, such as that of the African Union High-Level Implementation
Panel.
147. A participant who is also a member of the Nuba community indicated that the
people of Nuba Mountains, South Kordofan have been under constant aerial
bombardment since 2011 by the Sudan Armed Forces, in attempts to flush out the
Sudan Peoples’ Liberation Movement/Army-North (SPLM/A-N). However, it is
civilians that are suffering in the fight. Civilians have been displaced, many have
taken refuge in South Sudan, those that remain have no access to basic services such
as healthcare, children are not vaccinated, and schools have been destroyed. The
community has resorted to using traditional medicine.
148. The participant averred that the Nuba people have been denied the right to express
themselves about what is happening in the Nuba Mountains, as it could result in
detention by the NISS or imprisonment for prolonged periods. Child soldiers are used
in the fights.
149. In relation to NISS, it was stated that the National Security Act and several other
Sudanese laws are vague, thereby allowing NISS to detain individuals for prolonged
periods. The laws are discriminatory and provide for flogging, or other cruel and
degrading punishments, particularly against women.
150. There is political stagnation in the country as the same ruling party has been in
power for decades, often times through undemocratic means. With specific reference
to the April 2015 elections, participants added that there is no conducive environment
for elections; and political parties find it difficult to attain permits to carry out rallies
and other activities outside their premises. Further, lack of free media means lack of
free elections, because the Government has a tight grip on the media’s activities. They
added that most government bodies, particularly the law enforcement agencies, are
31
very politicised. Due to these reasons, a majority of the Sudanese population
boycotted the 2015 elections.
151. There is a dire need for law reform, as there exist restrictive laws particularly
curtailing women’s rights, religious rights, freedom of expression and information,
and freedom of association. For example, The Sudan’s Family Law restricts the rights
of children and women, including allowing child marriage, limiting women’s right to
work, in the areas of marriage, and regulating the conduct of women. The Public
Order Law unjustly restricts women’s freedoms and rights in public settings, and puts
in place severe punishments for non-observance such as flogging.
152. Sexual violence against women is a major issue, and it is not limited to conflict
zones. There are many reports of rape. Participants added that although the number
of women in parliament has increased, not a lot has changed in terms of improving
women’s rights.
153. It was indicated that there is limited space for CSOs to carry out their work, and
that CSOs have been cornered into focusing on service delivery, as opposed to
working on advocacy and political participation. They added that the civil society law
is very restrictive.
154. Regarding the confiscation of newspapers, participants stated that even while the
delegation was conducting its Promotion Mission, on 25 May 2015, NISS confiscated
ten newspapers, four of which were suspended indefinitely. They added that the
National Council for Press and Publications (NCPP) of The Sudan has the authority
to suspend newspapers.
155. Participants averred that the on-going crackdown on journalists is evidence that
the recently adopted Freedom of Information Law does not change the de facto
atmosphere for journalists in The Sudan. They further stated that the media was not
consulted in the development of the Freedom of Information Law. It was added that
major television and radio establishments are owned by Government. Those which
are privately owned avoid covering politics.
156. On a positive note, participants stated that the fear barrier has been broken, and
despite the possible consequences, journalists and people speak their mind, especially
using social media like facebook.
157. One of the participants, Dr Amin Mekki Medani, an advocate and human rights
defender, shared his experience of being detained at Kober Prison.9 He explained that
9 The delegation had requested to visit Kober Prison. However, authorisation was not granted by the
Government of The Sudan.
32
he was kept in solitary confinement for 16 days, denied any contact with family or
lawyers, that the cell was dark, and there was no proper sanitation. He added that he
was eventually taken out of solitary confinement after 16 days, and that although
conditions improved for him, the majority of other prisoners were kept in very poor
conditions, with not enough food and facilities, and some even remained in shackles
throughout the day.
158. In relation to sanctions, one of the participants stated that sanctions do have
negative effects on The Sudan, such as in the transportation sector, due to shortage of
spare parts, but that sanctions are not the primary cause for the violation of human
rights in the country.
159. Participants indicated that there is very little discourse on the African human
rights system, the general public and relevant stakeholders are not aware of the
African Charter or the Commission. There is more awareness about The Sudan’s
engagement in the Arab League as opposed to the AU.
D. Other Partners
15. Meeting with the Council of African Political Parties
160. The delegation was received by Dr Azhari El Tigani Awad Elseed, the Deputy
Chairperson of the Council of African Political Parties. The discussions focused on the
Council’s mandate and its achievements as well as challenges.
161. Dr Elseed stated that the Council is a forum for African political parties. The
Council was established under the initiative of the African Union’s Peace and Security
Council in 2013, which was declared African renaissance year. All five regions are
represented and all the bodies agreed that The Sudan would be the permanent
headquarter of this Council.
162. Regarding its role, the Council amongst other activities conducts trainings for AU
Election Observers, in collaboration with the AU. For example, during the 2015
elections held in Chad, Ethiopia and Eritrea, the Council selected election observers
for these countries. The Council’s observers had direct relations with national
observers.
163. Dr Elseed indicated that the Council works on good governance, as it believes that
power transfer has to be through elections. It also focuses on the development,
progress and promotion of human rights.
33
164. The Council has set up organs such as the Youth Organ. It further plans to establish
social and economic organs.
16. Meeting with the International Partners Forum for Human Rights
165. The delegation met with the International Partners Forum for Human Rights (the
IPF). This Forum is a membership comprised of representatives of diplomatic
missions to The Sudan. The IPF, amongst others, aims to facilitate and enhance
constructive dialogue between its members and the Government of The Sudan on
human rights issues. The delegation’s discussions with the IPF focused on the general
human rights situation in the country.
166. The delegation made a brief presentation on the Commission’s mandate, the
objective of the mission to The Sudan, as well as how the Commission generally
engages with State Parties regarding human rights issues.
167. The IPF commended the mission to The Sudan, particularly the delegation’s visit
to Darfur.
168. With regards to the human rights situation, the delegation was informed that the
human rights situation in The Sudan is deteriorating. The IPF added that The Sudan
is not meeting its obligations under the Bill of Rights in its Constitution. It was also
recalled that both government and non-government forces are committing acts
amounting to human rights violations. The instances of closure of newspapers, closing
down of NGOs, and other restrictions on freedom of expression were also discussed.
Other areas of concern mentioned by the IPF representatives are the lack of credibility
of the recent elections and the fact that The Sudan has not ratified a number of major
human rights instruments.
169. Regarding CSOs, it was brought to the attention of the delegation that CSOs are
under great pressure placing them in need of political and financial support. The IPF
expressed hopes that the mission and follow-up actions should not only focus on areas
of concern but also identify areas in which trainings and capacity-building can take
place.
170. The meeting also discussed the work of NISS. It was highlighted that there is no
way to deal with human rights issues in The Sudan without reflecting on the role of
NISS.
171. It was also indicated that human rights issues are being overshadowed by political
issues, leading to impunity of perpetrators of human rights violations. It was stated
that the general public and human rights defenders are amongst the most targeted.
34
Furthermore, human rights institutions, such as the NCHR, lack the capacity to carry
out their mission efficiently. For instance, the NCHR budget is too small compared to
that of NISS.
172. The IPF concluded by stressing that there should be an end to the silence around
issues of bombings, NISS violations, and violation of freedom of expression.
E. Visits
17. Visit to Al-Huda Prison and Reformatory Centre
173. During the promotion mission, the delegation visited Al-Huda Prison and
Reformatory Centre where it met with Mr Badreldin Sharif, the Prison Director. The
delegation was briefed on the Al-Huda Prison and conditions of detention.
174. Mr. Sharif indicated that the Prison was established in 2007, and added that the
Prison has six sections, including accommodation centres, schools and medical units
in each section. He stated that there is a hall for visitors and a quiet, private space for
family visits. The prison has a separate building for administrative offices, and
accommodation for prison officials. Mr Sharif informed the delegation about the
reform programs. He indicated that there are primary and secondary schools, an
observation centre, and also religious teaching for Muslims.
175. The delegation thereafter sought responses from the officials regarding the
capacity of the prison and how many prisoners it actually has; the number of convicts
and those on remand; the number of death row inmates; the administration of justice;
the conditions of detention in terms of food, shelter, water, recreation and education;
the treatment of vulnerable groups like women and minors; the treatment of the
persons who look after prisoners like warders; instances of torture; the treatment of
PLHIV and measures taken to prevent the spread of HIV in prison; human rights
training; and the visiting procedure.
176. The delegation was informed that the operational capacity of the prison is 7500
persons and the number of prisoners as at the time of the visit was 5446 prisoners. It
was indicated that there are no juvenile prisoners.
177. On the health and sanitation facilities in the prison, the delegation was informed
that the prison has a comprehensive hospital with medical staff that provides health
care to prisoners. The prison has 6 underground wells and water tanks for drinking
water and sanitation. On the issue of HIV, the delegation was informed that PLHIV
35
have access to Antiretroviral (ARV). Mr Sharif indicated that prisoners who test
positive are isolated to avoid infection of other prisoners.
178. Regarding meals, Mr Sharif stated that prisoners are served two meals a day, and
added that one of the meals is of a large portion and the meals are of high nutritious
value, and include cereal, vegetables and bread.
179. Regarding recreational facilities, the delegation was informed that there are
facilities for sports activities including football. There are music instruments, and
cultural activities are allowed. Sports competitions and concerts are also organised.
180. In relation to visitations, the delegation was informed that visiting hours are the
whole day, but there are specific days for differing categories of visitors. Government
representatives as well as NGOs have the right to visit prisoners. The delegation was
informed that the prison collaborates with NGOs on many programs, including the
purchase of medicine for prisoners. The prison has space for family visits, including
private places where prisoners can spend time with their spouses.
181. Mr Sharif informed the delegation that parole is regulated by law. Prison officials
apply for parole for prisoners.
182.
There is a regular human rights training for prisons officials.
183. Concerning employment of prisoners, it was indicated that there is no
institutionalised employment program, but rehabilitation activities as well as
vocational trainings form part of the reform program.
184. On the issue of instances of torture, it was indicated that no case of torture or other
ill-treatment such as flogging or amputations take place. On the question of death row
inmates, the delegation was informed that the prison has death row inmates, but no
executions were planned.
185. The Delegation was given a tour of the facilities. The facilities the delegation saw
conformed to minimum standards of detention. The delegation however did not
interact with any of the prisoners.
18. Visit to the Omdurman Female Prison
186. The Delegation also visited the only prison for women in The Sudan where it was
received and briefed by the Prisoner Director, Ms Salwa Ahmed. Following the
exchange of courtesies, the delegation requested for information regarding the right
of prisoners to food, shelter and education; the treatment accorded to pregnant
women; care for prisoners with HIV; the available recreational facilities for prisoners;
36
the parole procedure; the nature of offences committed by inmates; the available
sanitary facilities; and prisoners with disabilities.
187. The prison had a total number of 1067 prisoners, and 151 children. The operational
capacity of the prison is 600 to 700 prisoners. The prison receives prisoners with longterm prison sentences. In order to reduce the number of prisoners, the delegation was
informed that a section for women is going to be built in Al-Huda Prison.
188. Regarding the treatment of pregnant women and mothers, the Director indicated
that they are accorded special treatment, and that there is even a law on their
protection and treatment, including their diet. She stated that prisoners with a child
have a separate section and in addition to the meal provided by the prison, there is an
NGO which provides meals and items for children. She added that married women
have conjugal rights, but because there is no room in the prison, they are sometimes
allowed to leave the prison. If an inmate becomes pregnant, she receives more
nutritious food, medication, and can even deliver in the prison as there is a
comprehensive medical unit within the prison.
189. Concerning sanitary facilities for the women, the Director informed the delegation
that there is a stock of sanitary items which are provided to prisoners. A budget is
allocated for such purposes.
190. The prison has a few prisoners with disabilities and the prison provides special
care for them, including medication and prosthetic limbs, where necessary.
191. In response to the types of offences committed by the prisoners, it was indicated
that most are accused of theft, fraud, murder, use of alcohol, drugs and prostitution.
The delegation was informed that there is no case of women being arrested because
of their dress code.
192. Regarding legal aid, the Director indicated that the Ministry of Justice provides
legal assistance. The Director further stated that during public holidays, several
inmates are released.
193. On the issue of disciplinary procedures, the Director indicated that there are
disciplinary rules which apply to prisoners. If prisoners are involved in violent acts,
the Prison can prohibit visits and impose other punishments such as mandatory work
in the workshop.
19. Visit to the International University of Africa
37
194. At the International University of Africa, the delegation was received by Dr Baaziz
Ali Bin Ali Alfakih, Dean of the Faculty of Sharia and Law. The delegation had
discussions with him on the curricula and facilities provided to students, after which
the delegation was given an opportunity to lecture students on human rights.
195. Dr Alfakih indicated that the International University of Africa is present in many
African countries, The Sudan being one of them. The University in Khartoum has two
thousand (2000) students representing 40 countries in Africa, and 50% are female. The
delegation was informed that the University is only for Muslims.
196. Regarding the curricula, it was indicated that the first four semesters are dedicated
to general education, and from the fifth semester the students start to specialise, some
in Sharia law. The University also has a post-graduate program.
197. Concerning the language of studies, the delegation was informed that teaching is
in Arabic, but some curriculums are in English, particularly to accommodate students
from abroad such as Kenya, South Africa and Tanzania, especially in legal studies.
198. With regards to the facilities provided, the Dean informed the delegation that the
University gives scholarships with the support of donors.
199. The delegation met with students in a hall, all of whom were male. The delegation
then gave a lecture on the African Charter and the rights enshrined in the Charter, the
Commission and its mandate of promoting and protecting of human rights, as well as
some of the Commission’s activities and how the students can engage with the
Commission. The issue of terrorism was also discussed.
200. The students were given an opportunity to ask questions, most of which related
to an internship program at the seat of the Commission, the Commission’s action on
Xenophobia in South Africa as well as the Garissa University terrorist attacks, ways
to engage or cooperate with the Commission as well as the remedy provided by the
Commission when human rights are violated.
201. The delegation provided answers to the various issues raised by the students and
also briefed them on the Communication’s procedure. The delegation further invited
the students to participate in the 2016 Moot Court competition to be organised as part
of celebration to mark “2016: African Year of Human Rights, with a focus on women’s
rights”.
202. The delegation appreciated the fruitful discussions and thanked the students for
their interest in the lecture. The delegation also congratulated the students for
deciding to further their education, as education is the gateway to awareness. The
38
students were invited to continue their education, to study hard and have concrete
and focused objectives.
F.
Darfur Meetings
20. Meeting with Dr Al-Tejani Al-Sisi, Head of the Darfur Regional Authority
203. The delegation travelled to Darfur where it met with the Head of the Darfur
Regional Authority (DRA), Dr Al-Tejani Al-Sisi. The discussions centred on the
human right situation in Darfur, the role of the DRA, the Doha Document for Peace
Agreement and how the process is progressing, the situation of IDPs as well as the
allegations of mass rape in Tabit.
204. Before providing clarifications on the issues raised by the delegation, Dr Tejani
made a brief presentation on the Institution he chaired. Dr Tejani indicated that the
DRA is an interim governing body for the Darfur region which replaced the former
Transitional Darfur Regional Authority. It was established in line with the Doha Peace
Agreement. He stated that the DRA assumed its full functions in February 2012 and
contributes amongst others to creating peace and promoting human rights in Darfur.
He informed the delegation of the different measures already set up to improve the
human right situation in Darfur including the organisation of workshops regarding
tribal reconciliations, the establishment of the Truth and Reconciliation Commission
(TRC), the Darfur Crimes Tribunal which has prosecuted crimes committed as well as
the appointment of the Prosecutor for Darfur Crimes.
205. Dr Tejani highlighted the absence of observers to monitor the prosecution process
in accordance with the Doha Peace Agreement. There was lack of response from the
international community in relation to the deployment of observers.
206. Conflicts in Darfur have reduced in number but they do occur from time to time.
As an example, he indicated that even a week before the promotion mission, there
were some clashes and there were casualties. They resolve conflicts through
traditional means using tribal elders. According to Dr Tejani, Africans should settle
their problems at the continental level, and there is no need for intervention from the
international community.
207. Regarding the situation of IDPs, Dr Tejani explained that efforts have been made
in order to improve their situation, including the establishment of a voluntary return
commission under DRA, the resumption of their agricultural activities and the
organisation of a conference on IDPs with an agenda to build villages for IDPs. As a
39
result, the Government is working on the construction of 350 villages for voluntary
returnees. He indicated that 500, 000 IDPs have returned to their villages.
208. On the issue of allegations of mass rape in Tabit, Dr Tejani indicated that the
allegations had no basis because the accused soldiers belong to the Tabit area and
have their sisters and mothers in that village. He further indicated that African UnionUnited Nations Mission in Darfur (UNAMID) has visited the area and conducted
investigations which concluded that there is no evidence of rape. According to Dr
Tejani, the Tabit allegations were fabricated to tarnish the Government’s image.
209. In his conclusion, he affirmed that the situation in Darfur is far better than it used
to be. This is certified by the fact that attacks by armed groups have decreased and
there is also a significant decline in tribal conflicts.
21. Meeting with the Special Prosecutor for Darfur Crimes
210. The delegation met with the Special Prosecutor for Darfur Crimes, Mr Yasir
Ahmed Mohamed. The discussions focused on the human rights situation in
Darfur, and the role of the Special Criminal Court on the Events in Darfur and the
measures taken to ensure a fair trial to accused persons.
211. The Special Prosecutor informed the delegation that the Special Tribunal for
Darfur Crimes was established in 2012 in order to combat impunity. He stated
that Darfur is an important region in the Sudan with almost 7, 000, 000 of The
Sudan’s population. However, the region is faced with conflicts because of
various armed groups. He highlighted that Darfur’s problems became an
international issue when the situation was referred to the UN Security Council in
2003.
212. He explained that the conflict in Darfur had negative impacts on the overall
human rights situation in the country. He stated that 90% of human rights
violations were committed by armed groups. The latter attacked many localities
in the North and South of Darfur where they committed many violations of
humanitarian law such as using internationally prohibited weapons and
destroying basic facilities like water pumps.
213. The delegation sought to know more about the current situation of displaced
persons. The Special Prosecutor informed the delegation that their situation has
improved. He indicated that 40, 000 displaced persons have returned to their
homes because there has been rehabilitation of the areas they came from.
40
214. Mr. Mohamed indicated that at the end of 2014, the government declared
defeat of armed groups. 203 persons were captured and will be tried fairly.
215. Regarding the guarantee of a fair trial, the Special Prosecutor indicated that the
major human rights instruments have been incorporated into federal laws and there
is no problem with legislation in The Sudan and in Darfur. He stated that fair trial is
observed for all. Individuals alleged to have committed a crime have the right to
defend themselves before court and the law is applicable to all without
discrimination. Further, there is no immunity for perpetrators of war crimes.
216. Regarding the number of cases adjudicated by the Court, he mentioned that 2000
complaints have been filed by members of the community against the armed groups
and there are 285 members of armed groups on trial. There were a few cases where
persons accused of committing war crimes were prosecuted, convicted and sentenced.
He however indicated that some armed groups who committed war crimes have
escaped justice.
217. Mr. Mohamed indicated that he worked on creating better human rights
awareness as can be seen in documented Court activities.
218. With regards to pardons, Mr. Mohammed indicated that the president of The
Sudan can pardon anyone but the pardons are limited. Only crimes committed against
the State can be pardoned. There are things under sharia law that cannot be pardoned.
As an example, he stated that some of the armed groups who signed the peace
agreement have been pardoned.
219. Responding to the issue of the execution of death sentences, he averred that one
person was executed by popular defence force in 2012. The Court has prosecuted 88
persons who have been sentenced to death, and 16 persons have been found innocent.
220. Regarding challenges, the Special Prosecutor indicated that the main challenge
is the difficulty of victims identifying the perpetrators.
221. Mr. Mohammed concluded by suggesting that the Commission should adopt a
resolution condemning the acts of the armed groups and classify them as terrorist
groups.
22. Meeting with the African Union-United Nations Mission in Darfur
(UNAMID)
222. The delegation was received by a team led by Mrs Isha Dyfan, the Chief of Human
Rights of UNAMID. The delegation sought to know the general human rights
41
situation in Darfur, and what issues fall within the UNAMID mandate, and the
assessment of UNAMID in relation to the human rights situation in Darfur. The
allegation of rape in Tabit was also discussed.
223. The UNAMID team explained that The Sudan is faced with various human rights
challenges which were at the heart of the visits by the UN mandate holders which
concluded a week before the promotion mission.
224. In relation to the Tabit rape allegations, it was indicated that UNAMID has
reported to the Human Rights Council that they were not given authorisation to
investigate the allegations of rape, whether it occurred and to what extent.
225. Regarding the security issue, the delegation was informed that clashes between
belligerent groups are reported from time to time, leading to criminal violations. It
was indicated that that bombings are continuing in areas like Ruwata, near Rokero.
226. The UNAMID team indicated that although there is some progress in legal areas,
access to justice remains a challenge in as much as the ongoing conflicts deter victims
from seeking justice. Furthermore, the emergency law in force in Darfur and huge
legislative gaps make access to justice very difficult.
227. Although the reform in the Criminal Act provides a definition of rape which
distinguishes this offence from adultery, the situation is compounded by weak
governance institutions. In this respect, the judiciary, the special courts and the
prosecutor have not been able to address serious crimes. Judges themselves have fled
some areas.
228. The delegation was informed about the Transitional Justice Initiative which the
population can rely on to the extent that there is recognition of the rights being
violated, economic, social and cultural rights being the major problems.
229. The delegation was informed that IDPs rely on humanitarian support and are
living in abject poverty. CSOs have to build on their efforts. However, in Darfur, CSOs
focus strictly on humanitarian issues; their work does not extend to human rights.
The risks which NGOs are exposed to include deregistration.
230. The other challenge raised was that while in the ordinary courts, immunity of
soldiers perpetrating rape has been lifted, the law granting immunity has not been
repealed. It is one of the issues which UNAMID is engaging the Government on.
231. It was concluded that the fact that Darfur is no longer in the news does not mean
that the situation has improved; rather it is because there are other pressing situations
going on elsewhere in the world.
42
23. Meeting with the elders of Abou Shouk IDPs Camp
232. The delegation was not able to visit an IDP’s camp due to time constraints.
However, it held a briefing session with the elders of Abou Shouk IDPs Camp at the
Humanitarian Aid Commission Office. The discussions focused mainly on the human
rights situation of IDPs.
233. The Camp Director informed the delegation that the camp contained about 37, 500
IDPs. He indicated that the Government together with the UN provide basic
necessities. Micro-finance and donations are also provided. He stated that IDPs have
health insurance cards and there is special assistance for the needy.
234. He further highlighted that since November 2005, the camp had stopped receiving
additional IDPs, but now the camp is open and receiving people.
235. With regard to the organisation of the camp, the elders indicated that the camp
has 30 leaders who collaborate with police and provide security with the police. He
stated that from 2004 – 2014, the camp registered 12 murder cases, but all are isolated
cases.
236. On the issue of voluntary return, the delegation was informed that the majority of
the IDPs intend to return to their place of origin but are still waiting for security to
improve in their area of origin while others wish to be resettled. He indicated that
many have already returned to their places of origin due to improved security in their
regions.
237. The delegation thanked the representatives of the IDPs, urged the leaders to work
for peace and goodness of the community, but noted the fact that there were no
women amongst the leaders present.
G.
Debriefing session
238. The delegation was welcomed at the Ministry of Justice for the debriefing session
which brought together representatives of several Ministries and members of the
Advisory Council of Human Rights as well as other national human rights bodies.
239. The head of delegation, Commissioner Mute thanked the Government for
facilitating the successful mission. He further reported on the various meetings held
with governmental, non-governmental and other stakeholders working on human
rights and the multiple visits carried out. A presentation on the preliminary findings
of the mission was made.
43
240. After the debriefing, representatives of the various ministries and national bodies
which the delegation had not met due to time constraint, such as the Ministry of
Education, the Ministry of Guidance and Endowment, the National Council for Child
Welfare, the Sudanese Women’s Union, and VAW Unit briefed the delegation on their
mandate and achievements.
241. In conclusion, the Head of the Advisory Council of Human Rights congratulated
the delegation for the work it had accomplished and reiterated the will and
commitment of the Government of The Sudan to work for the effective
implementation of the rights and freedoms guaranteed under the African Charter.
PART THREE
OBSERVATIONS AND ANALYSIS OF THE HUMAN RIGHTS SITUATION IN
THE SUDAN
242. This section of the Report provides the general observations and findings of the
Promotion Mission based on the visits and information gathered from the meetings
and discussions with the different stakeholders.
243. The mission took place from 22 to 28 May 2015 and limited its visit to Khartoum and
Al-fasher in Northern Darfur. Thanks to the facilitation of the Government, and in
particular the Advisory Council for Human Rights, the delegation met a cross-section
of stakeholders working in the field of human rights.
244. The delegation is satisfied that the individuals and institutions which it met gave it
an adequate picture of the human rights situation in the country, which forms the
basis of the observations which it sets out here.
POSITIVE ASPECTS
245. The Commission notes and appreciates the following as positive factors in the
promotion and protection of human rights in The Sudan:
General
44
i.
The authorization granted to it by the Government of The Sudan, which is
proof of the Government’s willingness to cooperate with the Commission in
addressing human rights issues in the country;
ii.
The further granting of authorisation for a visit by the UN Special Rapporteur
on Violence against Women and the UN Independent Expert on the situation
of human rights in Sudan, in May 2015, which shows The Sudan’s
commitment to cooperate with international human rights mechanisms;
iii.
The Sudan’s regular attendance and participation in the public sessions of the
Commission;
iv.
The ratification of regional and international human rights instruments,
including: the African Charter on Human and Peoples’ Rights; the African
Charter on the Rights and Welfare of the Child; the African Charter on
Democracy, Elections and Governance; the OAU Convention Governing the
Specific Aspects of Refugee Problems in Africa; the OAU Convention on the
Prevention and Combating of Terrorism; the International Covenant on Civil
and Political Rights; the International Covenant on Economic, Social and
Cultural Rights; the Convention on the Rights of the Child; the Optional
Protocol to the Convention on the Rights of the Child on the Involvement of
Children in Armed Conflict; the Convention on the Rights of Persons with
Disabilities; Optional Protocol to the Convention on the Rights of Persons
with Disabilities; and the International Convention on the Elimination of All
Forms of Racial Discrimination;
v.
The adoption and review of a number of laws with positive bearing on the
human rights situation in the country, including: the 1989 Act for Combating
Ill-gotten Wealth; the 2000 Act for Combating Corruption; the 2004 Act for
Combating Money Laundering; the 2006 Law Regulating Voluntary Work;
the 2007 Armed Forces Act; the 2007 Political Parties Act; the 2008 Elections
Act establishing the National Electoral Commission; the 2008 National
Children’s Welfare Council; the 1991 Sudanese Criminal Act amended in
2009 to include a chapter on crimes against humanity, war crimes and
genocide; the 2009 National Human Rights Commission Act; the 2009 Press
and Publications Act; the 2009 Disabled Persons Act; the 2009 South Sudan
Referendum Act; the 2009 Abeye Area Referendum Act; the 2010 Children’s
Act; the 2015 Anti-Human Trafficking Act and the 2015 Freedom of
Information Law;
45
vi.
Programs, activities and strategies put in place for the realisation of human
rights, as well as the establishment of national institutions with human rights
mandates, including the Advisory Council on Human Rights under the
Ministry of Justice, the National Council for Human Rights, the Anti-Human
Trafficking body and the National Council for Persons with Disabilities;
vii.
The continuous efforts of the Government to develop various legislation
aimed at improving the governance framework in the country, through a
number of bills pending in Parliament; and
viii.
Efforts to align domestic laws with international and regional standards.
Darfur
i.
The organisation of workshops on tribal reconciliations, the establishment of
the TRC, the Darfur Crimes Tribunal as well as the appointment of the
Prosecutor for Darfur Crimes;
ii.
The establishment of a mechanism to combat impunity such as the Special
Court for Darfur Crimes;
iii.
Establishment of a voluntary return commission for IDPs under the DRA and
the resumption of agricultural activities; and
iv.
Efforts by the Government to construct 350 villages for voluntary returnees,
and the return of 500, 000 IDPs to their villages.
Conditions of detention
i.
Commendable facilities at the Al-Huda Prison and Reformatory Centre.
Freedom of Association
i.
ii.
Capacity building of NGOs in order to develop their technical skills; and
Tax and custom exemption to registered NGOs.
Health
iii.
Taxes are not imposed on medication and health related advertisements are
free;
iv.
Expansion of PHC services, particularly in the area of free drugs and
contraceptives; and
46
v.
168 hotspots and 36 centres provide treatment for opportunistic infections
such as tuberculosis and malaria.
PLHIV
vi.
The infection rate of HIV reduced from 1.6% in 2002 to 0.24% in 2015;
vii.
Specialised departments which deal with cases of rape and ensure that
victims have access to PEP within the required timeline;
viii.
370 centres provide PMTCT and antenatal care to Sudanese and nonSudanese individuals without any distinction; and
ix.
Efforts to involve female migrant sex workers in other income generating
activities, and they are entitled to free treatments at any of the centres.
Women
x.
Increase in the representation of women in Parliament from 25% to 30%;
xi.
Enactment of laws criminalising FGM in four regions of The Sudan and other
efforts to combat FGM, such as the Saleema movement;
xii.
Efforts to empower nomadic women; and
xiii.
reform in the 1991 Criminal Act which provides a definition of rape which
distinguishes it from adultery.
Persons with Disability (PWDs)
xiv.
Efforts by the Ministry of Welfare and Social Security to manufacture wheel
chairs locally.
Other vulnerable groups
xv.
xvi.
Mobile schools for the nomadic population; and
The collection and distribution of Zakat, which obliges Muslims to contribute
to a fund for the very poor.
Mines
47
xvii.
Study conducted by the Ministry of Mines to combat the negative impact of
mining mercury and other harmful substances, and efforts to find a
replacement for the substances and to ban them; and
Agreement with the Great Lakes region countries to address the smuggling
of minerals out of The Sudan.
xviii.
NISS
xix.
Disciplinary measures taken on NISS officials for abuse of power;
xx.
More than 18 judicial, executive and internal mechanisms which have the
mandate to inquire, investigate and regulate the acts of NISS; and
xxi.
The setting up of the Citizen Information Centre, an internal mechanism to
monitor NISS activities, which receives complaints and works 24 hours a day.
Human rights training
xxii.
Regular human rights training for prisons officials;
xxiii.
Compulsory human rights trainings for NISS officials; and
xxiv.
Human rights are integrated into courses at all levels at the police academy
and in the army trainings.
AREAS OF CONCERN
246. The delegation however noted and remains concerned about certain challenges
which inhibit the full realisation and enjoyment of human rights by the citizens, and
in this regard wishes to highlight the following:
General
i.
Lack of ratification of international human rights instruments, including the
Protocol on Amendments to the Protocol on the Statute of the African Court of
Justice and Human Rights; Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa; African Union Convention
on Preventing and Combating Corruption; African Union Convention for the
Protection and Assistance of Internally Displaced Persons in Africa (Kampala
Convention); Convention on the Elimination of All Forms of Discrimination
against Women; Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT); Optional Protocol to CAT
48
(OPCAT); Second Optional Protocol to the International Covenant on Civil and
Political Rights Aiming at the Abolition of the Death Penalty; Convention for
the Protection of All Persons from Enforced Disappearance; and the
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families;
ii.
Not yet submitted its Sixth Periodic State Report in accordance with Article 2 of
the African Charter, which was due in May 2014;
iii.
Lack of response on the status of implementation of the Commission’s various
recommendations, provisional measures and letters of appeal;
iv.
Discriminatory laws and policies not in compliance with international and
regional standards which unduly restrict the rights particularly of the most
vulnerable;
v.
Adverse effects of the unilateral sanctions by the United States on the economic
and social well-being of the Sudanese people; and
vi.
Lack of awareness of the general public about the African human rights system
in general and the African Charter in particular.
Instability/conflicts
vii.
Instability/conflict in the Darfur, South Kordofan and Blue Nile regions,
leading to the perpetration of grave human rights violations and severe
humanitarian crises;
viii.
Lack of concerted action to find a lasting peaceful solution;
ix.
Aerial bombardment of the Nuba Mountains, South Kordofan, since 2011 by the
Sudan Armed Forces to flush out the SPLM/A-N;
x.
Massive displacement of civilians, with most seeking refuge in South Sudan,
while those that remained have no access to basic services, such as healthcare
and education;
xi.
The use of child soldiers;
xii.
The prolonged situation of conflict in Darfur which has negative impacts on the
overall human rights situation in The Sudan, such as political instability,
insecurity, violence, and internal displacement;
xiii.
Violation of human rights and humanitarian law by belligerents;
xiv.
Difficulty of victims in identifying the perpetrators;
49
xv.
Absence of observers to monitor the prosecution process in accordance with the
Doha Document for Peace Agreement;
xvi.
Security and access restrictions which negatively impact the activities of
UNAMID; and
xvii.
The hostile environment and risks that NGOs in Darfur are exposed to,
including risks of deregistration and reprisals.
IDPs
xviii.
Insecurity hindering the return of IDPs to their places of origin;
xix.
Extreme poverty under which IDPs are living; and
xx.
Lack of assistance to refugees in urban areas.
Women and children
xxi.
Discriminatory laws against women, including the Public Order Law which
unjustly restricts women’s freedoms and rights in public settings and puts in
place punishments such as flogging;
xxii.
Legal provisions in the Family Law which unduly limit the rights of children
and women, including limitations in the areas of marriage and the right to work,
as well as provisions which permit child marriage;
xxiii.
Use of child soliders;
xxiv.
Inadequate number of midwives;
xxv.
Prevalence of FGM in the country, and absence of a federal law criminalising
FGM;
xxvi.
High incidence of sexual violence, including rape; and
xxvii.
Lack of clarity regarding the mass rape allegations in Tabit, Northern Darfur.
PWDs and Older Persons
xxviii.
Major short-coming in relation to implementation of policies and laws on
persons with disabilities;
xxix.
Discrimination and stigma against persons with disabilities, especially mental
disabilities; and
xxx.
Absence of legislation regulating the well-being of the elderly.
50
Torture and ill-treatment
xxxi.
Lack of specific legal provisions criminalising torture.
Corporal Punishment and the death penalty
xxxii.
xxxiii.
Imposition of judicial corporal punishment; and
Continued imposition of the death penalty and executions.
Human trafficking
xxxiv.
Problems of human trafficking and smuggling despite the adoption of the 2015
Anti-Human Trafficking Act.
Conditions of detention
xxxv.
Detention of individuals for prolonged periods in violation of Sudanese laws;
xxxvi.
Reports of poor detention conditions and facilities, as well as torture, illtreatment and high execution rate at Kober Prison;
xxxvii.
Over-crowding at the Omdurman Female Prison; and
xxxviii.
No space to exercise conjugal rights at the Omdurman Female Prison.
Freedom of expression and access to information
xxxix.
xl.
Arbitrary confiscation of newspapers; and
Lack of a conducive environment for journalists and human rights defenders to
freely express themselves.
Freedom of Association
xli.
Lack of financial and technical capacity of local NGOs to operate meaningfully;
xlii. Limited space for NGOs to carry out their work, particularly in the area of
advocacy, human rights and political participation;
xliii.
Politicisation/polarisation of NGOs; and
xliv.
Large number of members needed to create an association.
Freedom of assembly
51
xlv.
Lack of information on investigations into the September 2013 killings of
demonstrators, aside from a Fact-finding Committee set up under the Ministry
of Justice.
Political participation
xlvi.
xlvii.
Political stagnation in the country in terms of space/a conducive environment
for political participation of the Sudanese people; and
Widespread boycott of the May 2015 general elections, by the main opposition
parties.
Law enforcement agencies - NISS
xlviii.
Irregularities in NISS operations;
xlix.
Several complaints relating to police brutality as well as torture and illtreatment by NISS;
l.
Lack of observation of due process by NISS in confiscating newspapers;
li.
Broad and vague provisions in the 2010 National Security Act including
granting immunity to NISS officials and collaborators for acts performed in the
course of duty;
lii.
Prolonged detention by NISS, particularly administrative detention for up to
four months without charges; and
liii.
Politicisation of law enforcement agencies.
NCHR
liv.
Lack of accreditation by the ICC;
lv.
Non-compliance by state agencies,
recommendations of NCHR; and
lvi.
Lack of financial resources for the effective functioning of the NCHR.
particularly
NISS,
with
the
RECOMMENDATIONS
247. The above areas of concern are an indication that The Sudan still faces some
challenges in promoting and protecting human rights in the country. These
recommendations are reflective of the fact that as a State Party to the African Charter
and other international human rights instruments, The Sudan has an obligation to
52
respect and implement those instruments. It is on this premise that these
recommendations are made and also taking into consideration some of the
commitments made by various stakeholders during this Mission.
248. In light of the above, the Commission makes the following specific
recommendations to the Government of The Sudan:
General
i.
Ratify the international and regional human rights treaties which The Sudan
has not acceded to, and to particularly expedite ratification of the Maputo
Protocol, , the Kampala Convention, CEDAW and CAT;
ii.
Domesticate instruments to ensure effective protection of human rights for its
population;
iii.
Submit its outstanding periodic state report to the Commission in accordance
with Article 62 of the African Charter, and involve all stakeholders in the
preparation of the report;
iv.
Implement / respond to the Commission’s various recommendations,
provisional measures orders and letters of appeal;
v.
Implement the outstanding recommendations made by the Commission in its
previous Concluding Observations;
vi.
Increase its efforts to raise awareness of the African Charter among judges,
lawyers and prosecutors to ensure that its provisions are taken into account
by courts, and to take effective measures to disseminate the Charter to the
public;
vii.
Accelerate law reform and ensure that national laws comply with the African
Charter and other regional and international standards, particularly
discriminatory laws which curtail the rights of vulnerable groups such as
women and children; and
viii.
Ensure that the freedom of information law and the media law comply with
international and regional standards.
Instability/Conflicts
ix.
Address more concretely the instabilities in Darfur, South Kordofan and Blue
Nile regions;
53
x.
Strengthen efforts to find lasting peaceful solutions; and
xi.
Allow UNAMID more freedom/support to carry out its mandate.
Women and children
xii.
Enact, without delay, legislation criminalising harmful traditional practices,
such as FGM and child marriage, and ensure its effective implementation;
xiii.
Conduct enhanced awareness raising campaigns, especially amongst parents
and community leaders on the harmful effects of FGM and child marriage;
xiv.
Strengthen and institutionalise a gender specific mandatory training course for
law enforcement and health officials to ensure their full capacity in responding
to all forms of violence against women and children;
xv.
Investigate thoroughly and expeditiously all cases of gender-based violence,
including sexual and domestic violence; and
xvi.
Allow international and regional human rights mechanisms unimpeded access
in order to carry out an impartial investigation into o the Tabit mass rape
allegations.
PWDs and older persons
xvii.
Implement the policies and laws that are in place in relation to persons with
disabilities;
xviii.
Raise public awareness to fight stigma and discrimination against persons with
disabilities;
xix.
Ensure the representation of persons with mental/intellectual disabilities in
the National Council for Persons with Disabilities; and
xx.
Take legislative and administrative measures to protect older persons, and
ensure their empowerment, including the enactment of legislation on the
well-being of older persons.
PLHIV
xxi.
Enact the draft law on the protection of PLHIV.
Torture and Ill-treatment
54
xxii.
Expressly criminalise torture and ill-treatment and establish a National
Preventive Mechanism.
Corporal punishment and the death penalty
xxiii.
xxiv.
Take urgent measures to abolish laws that allow corporal punishment
including stoning, amputation, cross-amputation and flogging; and
Observe a moratorium on the death penalty and take measures for its total
abolition.
Human trafficking
xxv.
xxvi.
Strengthen efforts to address human trafficking; and
Partner with relevant regional and international bodies as well as
neighbouring countries to combat human trafficking and provide training
to law enforcement officials and border patrols.
Conditions of detention
xxvii.
Facilitate speedy dispensation of justice to avoid prolonged pre-trial
detentions, and generally comply with the Guidelines on Conditions of
Police Custody and Pre-trial Detention in Africa;
xxviii.
Take immediate steps to address over-crowding at the Omdurman Female
Prison; and
xxix.
Stop the use of torture or cruel, inhuman or degrading treatment as well as
the execution of inmates at Kober Prison.
Freedom of expression and access to information
xxx.
xxxi.
Comply with the Commission’s Declaration of Principles on Freedom of
Expression in Africa; and
Cease the unlawful confiscation of newspapers.
Freedom of association
lvii.
Create a conducive environment for NGOs to flourish, and encourage them to
extend their activities to advocacy and human rights;
lviii.
Review its policy regarding the large number of persons required to establish
an association;
55
xxxii.
Work in collaboration with NGOs and CSOs in the promotion and protection
of human rights in the country; and
xxxiii.
Accord due protection to human rights defenders.
Freedom of Assembly
xxxiv.
Release the findings of the Fact-finding Committee on the September 2013
killing of demonstrators;
xxxv.
Hold those responsible for the killings liable, and ensure adequate redress
for the families of the victims; and
xxxvi.
Resort to a notification system in relation to freedom of peaceful assembly.
Political participation
xxxvii.
Create a conducive environment in which the political participation of the
Sudanese population can thrive; and
Ensure that CSOs with human rights and governance functions as well as the
media operate without undue interference and that they are not proscribed or
prevented from undertaking their work without due process.
xxxviii.
Law enforcement agencies
xxxix.
Ensure that the conditions of arrest, preliminary interrogation and detention
of suspects comply with the principles of the Guidelines and Measures for
the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (the Robben Island Guidelines);
xl.
Ensure human rights training for relevant law enforcement officials,
magistrates and judges;
xli.
Take adequate measures to combat insecurity and violence, as well as tackle
the excessive use of force by the police, NISS and other law enforcement bodies;
xlii.
Appoint an independent commission to investigate all extrajudicial
executions, excessive use of force, enforced disappearances and torture by
law enforcement agents, and make the findings public;
xliii.
Hold perpetrators of human rights violations, including torture, within law
enforcement agencies, accountable for their actions; and
56
xliv.
Provide adequate redress, including restitution, compensation,
rehabilitation, and satisfaction and guarantees of non-repetition.
National Institutions
xlv.
Ensure compliance of the NCHR with the Principles Relating to the Status of
National Human Rights Institutions (the Paris Principles);
xlvi.
Provide national institutions such as the NCHR, the Anti-Human Trafficking
body and the National Council for Persons with Disabilities with adequate
technical and financial resources to enable them effectively implement their
mandates; and
xlvii.
Strengthen collaboration of government offices with the NCHR including
responding to its letters of appeal or inquiries and implementing its
recommendations.
NGOs
xlviii.
Apply for observer status with the Commission;
UN Agencies and other partners
xlix.
Continue to provide financial, material and technical support to the State,
NGOs and other stakeholders to enable them play a meaningful role in the
promotion and protection of human rights in the country;
l.
Strengthen support to the Darfur Peace Process and reinforce efforts to
expedite a transitional justice framework for Darfur; and
li.
Ensure that observers are deployed to monitor the prosecution process in
Darfur in accordance with the Doha Peace Agreement.
249. In conclusion, the Commission calls on the Government of The Sudan to take all
the necessary measures to implement the recommendations contained in this Report,
and also the outstanding recommendations made by the Commission in its previous
Concluding Observations.
57