Relatórios de Missão

Promotional mission report to the Sudan 26thMarch to 2nd of April 2002

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

Created 1 de jul. de 2026 · Edited 1 de jul. de 2026