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21 August 2000

CESCR
23rd session
21 August 2000
Morning





The Committee on Economic, Social and Cultural Rights this morning started its review of the initial report of Sudan on how the country adheres to the rights and principles embodied in the International Covenant on Economic, Social and Cultural Rights.

Omer Siddig, the Deputy Permanent Representative of the Sudanese Mission to the United Nations Office at Geneva, told Committee members that during the last 10 years, Sudan had attained a quantum leap in terms of economic development. New agricultural development schemes were established, the old ones were rehabilitated to enhance and increase their productivity, and new industrial projects were also established and the rehabilitation of the old ones completed, he said. In addition, there had been the exploration and utilization of oil resources there, capped by the exporting of crude oil and petroleum products, which began in August 1999, he said.

Still, Mr. Siddig said, there were problems. Natural calamities like drought and flooding had hindered the full realization of the rights guaranteed in the Covenant, he said, as had a civil war and declared and undeclared economic embargoes.

Under questioning from the Committee experts, the delegation explained that the new Constitution was adopted by the Government, and approved by a vast majority of the country. A new constitutional court had been established, the delegation said, and in its short history, it had won over the respect of the people, the media and politicians.

Asked about the civil war, the delegation said a peace agreement had been reached, with the Government granting the right to self-determination to the people in the south. The Government would not have chosen separation, but it was worth it if that were the price of peace. The war continued only because one group did not accept the peace agreement.

Recognizing higher education as a human right, the Government, the delegation explained, had increased the number of universities from five to 31 since 1995. And women, they pointed out, were the majority of students.

Detailing many high Government positions that were held by women in Sudan, the delegation said that there was no discrimination against women. Statistics and reports could verify the lack of discrimination.

The delegation was led by Ibrahim Mirghani Ibrahim, the Permanent Representative of Sudan to the United Nations Office at Geneva. The delegation also included Hassan Iasa Hassan Talib, Minister Plenipotentiary at the Ministry of Foreign Affairs and Yassir Sid Ahmed, a Counsellor with the Ministry of Justice.

When the Committee reconvenes at 3 p.m., it will continue considering the initial report of Sudan.

Report of Sudan

The report of Sudan details, on an article-by-article basis, how the country complies with the tenets and provisions of the International Covenant on Economic, Social and Cultural Rights.

The report illustrates the major efforts Sudan was undertaking with multilateral and bilateral bodies to ensure the full realization of economic, social and cultural rights. The Government, the report states, is receiving technical support from various agencies, including the United Nations Development Programme (UNDP), the World Food Programme (WFP), the Food and Agriculture Organization of the United Nations (FAO), the United Nations Children's Fund (UNICEF) and the World Health Organization (WHO).

Presentation of Report

OMER SIDDIG, Deputy Permanent Representative to the United Nations Office at Geneva, said during the last 10 years, Sudan had attained a quantum leap in terms of economic development. New agricultural development schemes were established, the old ones were rehabilitated to enhance and increase their productivity, and new industrial projects were also established and the rehabilitation of the old ones completed. The last two years witnessed the exploration and utilization of oil resources. Last August marked the commencement of exportation of crude oil and petroleum products. All those schemes had a social development component in their strategies, in addition to the economic prosperity they would achieve for the people of Sudan. Basic services such as education, safe drinking water, health, employment, and sanitation were provided in the areas where the projects existed. It had to be stressed that some of these projects were established through direct foreign investment, some of them were joint ventures between the Government and foreign or local investors, while others were funded and established by the Government. All projects were directed towards upgrading the living standard of the Sudanese people.

Natural calamities had been a hindrance to the realization of the rights outlined in the Covenant. Funds allocated for sustainable development were usually directed towards reverting and mitigating serious humanitarian situations, such as drought and torrential rains and floods. In addition, declared and undeclared economic embargoes crippled the capacity of the Government in directing enough resources to the service sector. Nonetheless the Government was funding or subsidizing this sector and other sectors from the general budget to sustain a decent living for its people. In some cases, the Government found itself completely unable to meet its obligation toward its people, and this manifested itself in the area of the right to medicine after the United States bombarded the largest pharmaceutical plant two years ago. That pharmaceutical factory used to produce 50 per cent of the local human life-saving drugs and 70 per cent of the veterinary medicine at affordable prices. The immediate result was the scarcity of medicine in local markets and the necessity of importing expensive drugs from abroad. Notwithstanding these difficulties, the Government was doing its utmost within the limited resources to create a conducive atmosphere for the enjoyment by its people of their economic, social and cultural rights. Thanks to the newly explored and utilized oil resources, the Government was planning to use the revenue towards the rehabilitation of the infrastructure in the South destroyed by a civil war, and for the welfare of the Sudanese people.

Discussion

Under questioning from the Committee experts, the delegation said Sudan had truly had undergone drastic change since the implementation of the new Constitution two years ago. It was a turning point in the history of the Sudan -- in the four decades since it had gained its independence, it had tried all sorts of governments, from the far left to the far right, from democratic systems to military regimes. The Government invited 6,000 Sudanese experts -- men and women, all different backgrounds, all different expertise -- to draft the best Constitution possible for all Sudanese people. It was passed by consent by the experts, it passed the executive body, it passed Parliament, and it was passed by referendum by 96 per cent of the voters. The Constitution included a Bill of Rights that incorporated the language of all the rights in all the international covenants to which Sudan acceded.

The delegation said for the first time in its history, a constitutional court was established. The court was open to any individual. It was based in the middle of Khartoum, and was accessible to any person at any time. From the first week, it was functioning properly, and it gained the respect of the people, the media, and the politicians. The justices had showed their impartiality. Its judgments had been fair.

There was a peace agreement that gave the right to self-determination to the people of southern Sudan, the delegation said. The Government would have preferred not to have separation, but if that was the cost of peace, then it was worth it. This decision was controversial -- it was not by consensus. Many people did not want separation, but they did want peace. Southern Sudan was five times the size of France. It was not easy for Sudan. It wanted unity. There was only one group that did not accept the agreement, and it was continuing the war.

For almost an entire century, Sudan had only five universities, the delegation said. But beginning in 1995, the Government declared that higher education was a human right, and the Government opened 26 new universities, one in each of the states. The universities were now fully operational, and the majority of students were women.

The delegation said there was no discrimination against women in Sudan. There were women ministers, there was a woman in the highest reaches of the courts, and there were statistics and reports which verified the equal treatment of women there.

Human rights, the delegation said, were guaranteed in the Constitution. It said that every person was assured of the right to life and dignity. People were guaranteed their freedom, every child of a Sudanese parent had the right to nationality. Every citizen had the right to the freedom of movement, to move within the country and to move outside of the country. Religious freedom was also assured, as was the freedom of expression.

Capital punishment could not be applied unless it met the criteria under the law, and it was used very rarely, only in the most extreme cases, the delegation said.

The delegation said the war erupted because of economic and political considerations. It had nothing to do with Islam and Christianity and the other African religions. Those religions had been present in Sudan since its foundation, but there had not been a problem. Islamic law was not applied in every area of the country. In the Southern part of the country, the majority of people were not Muslims. And there were exceptions to non-Muslims in the north, where Islamic law was applied.

Most of the disputes -- 97 per cent -- in Sudan, the delegation said, were settled out of court. There was a Government dispute resolution programme that most people chose to use. In cases that went to court, if the person did not speak the language well, a translator was made available for free.

Exams could be taken, the delegation said, in Arabic or English at all levels. The problem of language was addressed by various organs.




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