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14 March 2001
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CERD
58th session
14 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon began its examination of the ninth, tenth and eleventh periodic reports of Sudan on how that country is implementing the rights guaranteed in the International Convention on the Elimination of all Forms of Racial Discrimination.
A Government delegation told Committee Experts that although a civil war continued in the southern part of the country, the Government was continuing to work toward a peaceful solution. It was imperative to mention that the Constitution of Sudan acknowledged that it was a multi-lingual, multi-religious and multi-cultural country.
Ibrahim Mirghani Ibrahim, Ambassador and Permanent Representative of Sudan to the United Nations Office at Geneva, said this was an era of constructive dialogue and cooperation instead of confrontation. The Government did not defend wrong practices, and if there were violations, they were admitted. The 1999 resolution from the Commission on Human Rights was balanced and recognized many positive factors. The Government expected to get fair analysis from international institutions, especially the United Nations.
The delegation, describing the situation in Sudan, said the country was geographically situated in the midst of the most turbulent area in Africa. Like other countries in the region, Sudan had many problems. The Government at the local and federal levels acknowledged those problems and was working towards finding suitable solutions for them. A serious repercussion of the civil war, which had continued since 1983, was the unfortunate escalation of the abduction of women and children. The rebel Sudan People’s Liberation Army was the main group responsible for the abductions.
Joining Mr. Ibrahim on the delegation was Omer M. A. Siddig, Deputy Permanent Representative of Sudan to the United Nations Office at Geneva; Mohamed Yousif Abdalla, a Counsellor at the Mission of Sudan at Geneva; Ali Mahmoud Abdul Rahman, a Counsellor at the Mission of Sudan at Geneva; and Christopher Leonardo, Secondary Secretary at the Mission of Sudan at Geneva.
Committee Experts posing questions to the delegation were Patricia Nozipho January-Bardill, the Rapporteur on the reports; Gay McDougall; Francois Lonseny Fall; Luis Valencia Rodriguez; Regis De Gouttes; Tang Chengyuan; Ion Diaconu; Agha Shahi; Patrick Thornberry; Mahmoud Aboul-Nasr; and Mario Jorge Yutzis.
The Sudanese delegation will return on Thursday morning to provide responses to the questions raised by the Committee Experts.
The Committee then continued its discussion on the draft declaration and programme of action for the upcoming World Conference against Racism.
The Committee will meet at 10 a.m. on Thursday, 15 March to conclude its consideration of the ninth, tenth and eleventh periodic reports of Sudan.
Ninth, Tenth, and Eleventh Periodic Reports of Sudan
The ninth, tenth and eleventh periodic reports of Sudan (CERD/C/34/Add.2) detail, on an article-by-article basis, how that country complies with the tenets and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination, to which it acceded in 1977. The reports, contained in one document, break the information down into various sections: basic information; general legal frameworks; civil and political rights; economic, social and cultural rights; prevention of discrimination; cooperation with human rights bodies; government policies towards internally displaced persons; and allegations of slavery in Sudan.
The document portrays Sudan as a tropical country that is largely dependent on agriculture: more than 66 per cent of the 27 million persons living there depend on agriculture to earn their living, and agricultural crops constitute more than 90 per cent of exports. In 1997, a National Commission was formed to draft a new Constitution. Eight months later, a draft was submitted to the National Assembly. Shortly thereafter, it was adopted in a referendum vote, with 10,400,000 citizens voting for it, out of a possible 10,900,000 voters. Article 1 of the Constitution states that Sudan is an all-embracing homeland where races and cultures coalesce and religions come together. It guarantees the basic freedoms and rights, including the right to life and liberty, freedom of religion and of expression, association and assembly. It says that Sudanese people are equal in rights and duties and there shall be no discrimination by reason of race, sex or religious creed.
The document states that every human being has a right to life, freedom and safety, dignity and honour. The death penalty cannot be inflicted except as retribution or punishment for extremely serious offenses under the law. The Constitution suspends application of the death penalty for persons under the age of 18, pregnant or lactating women, and persons over the age of 70. The death penalty could be inflicted for offenses such as murder, drug trafficking and high treason. The report states that there were 235 executions between 1989 and 1998. During 1999, there were none.
The document states that the Constitution provides the right to vote for all Sudanese citizens who are at least 18 years old and who are of sound mind. Any Sudanese person can run for President if they are of sound mind, at least 40 years old, and have not been convicted within the
last seven years of an offense involving honour or honesty. And to be a member of Parliament, a Sudanese national has to be at least 21 years old, of sound mind, able to read and write, and not have been convicted within the last seven years of an offense involving dignity and honesty.
Presentation of Reports of Sudan
Ibrahim Mirghani Ibrahim, Ambassador and Permanent Representative of Sudan to the United Nations Office at Geneva, said more means were needed to combat the virus of discrimination. In October 1997, Sudan had suffered through a difficult period concerning human rights. There were resolutions against it from the Commission on Human Rights. The Government did not defend wrong practices and if there were violations, they were admitted. The Government expected to get fair analysis from international institutions, especially the United Nations. This was an era of constructive dialogue and cooperation instead of confrontation. The 1999 resolution from the Human Rights Commission on Sudan was balanced and recognized many positive factors.
Mr. Ibrahim said there was some promising news which was released yesterday. The new American administration was taking an new initiative towards Sudan. The Secretary of State had transmitted word that making peace in southern Sudan was a priority. That was a very positive message, not just for Sudan, but for the whole region, especially Sudan’s nine neighbouring countries.
Introducing the report, the delegation said the Constitution explicitly stipulated the respect and enjoyment of human rights as constitutional rights by all people in Sudan without discrimination as to race, ethnic origin, religion or language. The Constitutional Court was established pursuant to the relevant provisions of the Constitution to be its custodian. The Court was functional now. It was exercising its full jurisdiction to protect those constitutional rights and freedoms, which were not subject to suspension even at times of a state of emergency.
The delegation said that as education was one of the effective means of eradicating symptoms of prejudice and hatred, the Government of the Sudan had utilized it to create a society free of racial prejudice. From the early days of independence, the majority of intermediate and secondary schools were boarding schools. Students from different parts of the country lived together. They interacted and understood each other's way of life. All university students from Sudan lived together in hostels, reinforcing their knowledge and accommodation of each other. Twenty-six universities were opened in all states of the country in the last 12 years. Thirty per cent of the spots were reserved for the students of that state, and students from underdeveloped states were given preferential enrollment in universities.
The poor and disadvantaged were catered for financially by the Zakat Fund, which was an alms-giving fund. The rich and financially capable voluntarily paid 2.5 per cent of their annual savings to the Fund, which distributed the collected funds to the poor and disadvantaged persons and families all over the country through regional offices without consideration to race, religion, language or sex. The Sudan was described as the microcosm of Africa. On its land, different African ethnic groups had lived and co-existed for centuries. To preserve the ethnic, religious, cultural and linguistic characteristics of different groups, the Government began a federal system of Government in 1995. There was a general misconception with regard to the situation in Sudan in general, and southern Sudan in particular. The international media portrayed Sudan as racially
divided into the Arab North and the African South. This was not the case. Everyone who had lived in or visited the country and stayed for some time would realize that. Another misconception was that Sudan was divided along religious lines. This was also not correct.
Sudan was geographically situated in the midst of the most turbulent area in Africa. Like other countries in the region, Sudan had many problems. The Government at the local and federal levels acknowledged those problems and was working towards finding suitable solutions for them. Of the nine bordering countries, six had experienced armed conflicts. Sudan had had armed conflicts since 1983 with the Sudan People's Liberation Army (SPLA/M). This was continuing despite the tireless efforts by the Government to bring about a lasting political settlement.
The prolonged war had frustrated and disrupted the traditional way of life in the southern states, the delegation said. Traditional chiefs, the sultans and elders, who used to defuse tensions and solve local problems, had deserted the area and settled in northern states. The prevalence of illicit firearms trade, in particular machine guns smuggled from neighbouring countries, had exacerbated the situation. A serious repercussion was the unfortunate escalation of the abduction of women and children. The SPLA/M was the main group responsible for the abductions in the border areas between the north and south. It was imperative to mention that the Constitution of Sudan acknowledged that it was a multi-lingual, multi-religious and multi-cultural country. This multiplicity carried certain problems, and the Government realized those problems, and was working on solutions.
Discussion
Committee Expert Patricia Nozipho January-Bardill, the Rapporteur on the reports, said the issues contained in the reports were so inter-related that it was difficult to differentiate between, for example, ethnicity issues and broader issues within the country. The report needed demographic figures about the multi-cultural society that could help the Government in its strategies.
Ms. January-Bardill said there were still persistent reports about the violation of human rights in the country. Despite the cease fire agreements, the civil war was still going on. A Special Rapporteur who had visited Sudan had said he was horrified by the lack of respect for international human rights standards on both sides of the war. Oil had been found in Sudan, and reports said that could be the reason for the continuation of the war. And there were reports that people who lived in the region where oil had been found had become displaced. The Special Rapporteur was sure that oil lay at the heart of the conflict.
She said there were other reported human rights abuses that were mentioned by other organizations, including the displacement of people, the rape and murder of women, the abduction of children, harassment of human rights workers, and prolonged detention in poor conditions. There were reports of incidents of propaganda, promoting the war as a Jihad, in which boys were being recruited. There were reports that the Government had harassed Christian churches and believers, and that the conversion from Islam to other faiths was a capital crime.
She said the Committee appreciated that the Government had been working with local and regional human rights bodies. This cooperation was verified by UN workers and rapporteurs, who had been working in the region and the country. But there were still allegations of human rights abuses. Cultural and religious rights were not protected enough by the State.
Ms. January-Bardill asked how much had been done to teach tolerance? What was done about asylum-seekers and refugees? The asylum policy seemed to prohibit granting asylum to Chadian nationals, which would violate the Convention.
Other Experts asked the delegation, among other things, about whether the referendum on the new Constitution was held in all regions of the country, including areas involved in armed conflict; the Government's support for oil exploration; the consequences of converting from Islam; a detailed breakdown of the number of faith-based buildings that had been destroyed; a detailed breakdown of the schools built in various regions since 1997; details about cases brought to the Constitutional Court; the guarantee of access to courts; measures that were available to victims of discrimination; a law prohibiting groups from promoting racial discrimination; and if education was provided in native tribal languages.
The Experts also wondered about the situation of internally displaced persons; cases of slavery in Sudan; the kidnapping of women and children; the effect the armed conflicts had on the civilian population; forced recruitment of children as soldiers; steps the Government intended to take to ensure that asylum could be granted to nationals of all origins; refugees from Ethiopia; efforts to return those women and children who had been kidnapped; the historical phenomenon of abductions; criminal and civil plans to punish the abductors; compensatory measures for the victims of abduction; legislation to prohibit the practice of slavery; the opening of zones to humanitarian aid; efforts to combat famine; the benefit of the local population from the oil exploration projects; the relationship between the federal government and transnational oil companies; armed militiamen in various tribes; the division of powers between the states and the federal government concerning human rights; the powers of the federal and non-federal authorities; the dissemination of the Convention; the American initiative to help end the civil war; and training for military and police.
* *** *
58th session
14 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon began its examination of the ninth, tenth and eleventh periodic reports of Sudan on how that country is implementing the rights guaranteed in the International Convention on the Elimination of all Forms of Racial Discrimination.
A Government delegation told Committee Experts that although a civil war continued in the southern part of the country, the Government was continuing to work toward a peaceful solution. It was imperative to mention that the Constitution of Sudan acknowledged that it was a multi-lingual, multi-religious and multi-cultural country.
Ibrahim Mirghani Ibrahim, Ambassador and Permanent Representative of Sudan to the United Nations Office at Geneva, said this was an era of constructive dialogue and cooperation instead of confrontation. The Government did not defend wrong practices, and if there were violations, they were admitted. The 1999 resolution from the Commission on Human Rights was balanced and recognized many positive factors. The Government expected to get fair analysis from international institutions, especially the United Nations.
The delegation, describing the situation in Sudan, said the country was geographically situated in the midst of the most turbulent area in Africa. Like other countries in the region, Sudan had many problems. The Government at the local and federal levels acknowledged those problems and was working towards finding suitable solutions for them. A serious repercussion of the civil war, which had continued since 1983, was the unfortunate escalation of the abduction of women and children. The rebel Sudan People’s Liberation Army was the main group responsible for the abductions.
Joining Mr. Ibrahim on the delegation was Omer M. A. Siddig, Deputy Permanent Representative of Sudan to the United Nations Office at Geneva; Mohamed Yousif Abdalla, a Counsellor at the Mission of Sudan at Geneva; Ali Mahmoud Abdul Rahman, a Counsellor at the Mission of Sudan at Geneva; and Christopher Leonardo, Secondary Secretary at the Mission of Sudan at Geneva.
Committee Experts posing questions to the delegation were Patricia Nozipho January-Bardill, the Rapporteur on the reports; Gay McDougall; Francois Lonseny Fall; Luis Valencia Rodriguez; Regis De Gouttes; Tang Chengyuan; Ion Diaconu; Agha Shahi; Patrick Thornberry; Mahmoud Aboul-Nasr; and Mario Jorge Yutzis.
The Sudanese delegation will return on Thursday morning to provide responses to the questions raised by the Committee Experts.
The Committee then continued its discussion on the draft declaration and programme of action for the upcoming World Conference against Racism.
The Committee will meet at 10 a.m. on Thursday, 15 March to conclude its consideration of the ninth, tenth and eleventh periodic reports of Sudan.
Ninth, Tenth, and Eleventh Periodic Reports of Sudan
The ninth, tenth and eleventh periodic reports of Sudan (CERD/C/34/Add.2) detail, on an article-by-article basis, how that country complies with the tenets and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination, to which it acceded in 1977. The reports, contained in one document, break the information down into various sections: basic information; general legal frameworks; civil and political rights; economic, social and cultural rights; prevention of discrimination; cooperation with human rights bodies; government policies towards internally displaced persons; and allegations of slavery in Sudan.
The document portrays Sudan as a tropical country that is largely dependent on agriculture: more than 66 per cent of the 27 million persons living there depend on agriculture to earn their living, and agricultural crops constitute more than 90 per cent of exports. In 1997, a National Commission was formed to draft a new Constitution. Eight months later, a draft was submitted to the National Assembly. Shortly thereafter, it was adopted in a referendum vote, with 10,400,000 citizens voting for it, out of a possible 10,900,000 voters. Article 1 of the Constitution states that Sudan is an all-embracing homeland where races and cultures coalesce and religions come together. It guarantees the basic freedoms and rights, including the right to life and liberty, freedom of religion and of expression, association and assembly. It says that Sudanese people are equal in rights and duties and there shall be no discrimination by reason of race, sex or religious creed.
The document states that every human being has a right to life, freedom and safety, dignity and honour. The death penalty cannot be inflicted except as retribution or punishment for extremely serious offenses under the law. The Constitution suspends application of the death penalty for persons under the age of 18, pregnant or lactating women, and persons over the age of 70. The death penalty could be inflicted for offenses such as murder, drug trafficking and high treason. The report states that there were 235 executions between 1989 and 1998. During 1999, there were none.
The document states that the Constitution provides the right to vote for all Sudanese citizens who are at least 18 years old and who are of sound mind. Any Sudanese person can run for President if they are of sound mind, at least 40 years old, and have not been convicted within the
last seven years of an offense involving honour or honesty. And to be a member of Parliament, a Sudanese national has to be at least 21 years old, of sound mind, able to read and write, and not have been convicted within the last seven years of an offense involving dignity and honesty.
Presentation of Reports of Sudan
Ibrahim Mirghani Ibrahim, Ambassador and Permanent Representative of Sudan to the United Nations Office at Geneva, said more means were needed to combat the virus of discrimination. In October 1997, Sudan had suffered through a difficult period concerning human rights. There were resolutions against it from the Commission on Human Rights. The Government did not defend wrong practices and if there were violations, they were admitted. The Government expected to get fair analysis from international institutions, especially the United Nations. This was an era of constructive dialogue and cooperation instead of confrontation. The 1999 resolution from the Human Rights Commission on Sudan was balanced and recognized many positive factors.
Mr. Ibrahim said there was some promising news which was released yesterday. The new American administration was taking an new initiative towards Sudan. The Secretary of State had transmitted word that making peace in southern Sudan was a priority. That was a very positive message, not just for Sudan, but for the whole region, especially Sudan’s nine neighbouring countries.
Introducing the report, the delegation said the Constitution explicitly stipulated the respect and enjoyment of human rights as constitutional rights by all people in Sudan without discrimination as to race, ethnic origin, religion or language. The Constitutional Court was established pursuant to the relevant provisions of the Constitution to be its custodian. The Court was functional now. It was exercising its full jurisdiction to protect those constitutional rights and freedoms, which were not subject to suspension even at times of a state of emergency.
The delegation said that as education was one of the effective means of eradicating symptoms of prejudice and hatred, the Government of the Sudan had utilized it to create a society free of racial prejudice. From the early days of independence, the majority of intermediate and secondary schools were boarding schools. Students from different parts of the country lived together. They interacted and understood each other's way of life. All university students from Sudan lived together in hostels, reinforcing their knowledge and accommodation of each other. Twenty-six universities were opened in all states of the country in the last 12 years. Thirty per cent of the spots were reserved for the students of that state, and students from underdeveloped states were given preferential enrollment in universities.
The poor and disadvantaged were catered for financially by the Zakat Fund, which was an alms-giving fund. The rich and financially capable voluntarily paid 2.5 per cent of their annual savings to the Fund, which distributed the collected funds to the poor and disadvantaged persons and families all over the country through regional offices without consideration to race, religion, language or sex. The Sudan was described as the microcosm of Africa. On its land, different African ethnic groups had lived and co-existed for centuries. To preserve the ethnic, religious, cultural and linguistic characteristics of different groups, the Government began a federal system of Government in 1995. There was a general misconception with regard to the situation in Sudan in general, and southern Sudan in particular. The international media portrayed Sudan as racially
divided into the Arab North and the African South. This was not the case. Everyone who had lived in or visited the country and stayed for some time would realize that. Another misconception was that Sudan was divided along religious lines. This was also not correct.
Sudan was geographically situated in the midst of the most turbulent area in Africa. Like other countries in the region, Sudan had many problems. The Government at the local and federal levels acknowledged those problems and was working towards finding suitable solutions for them. Of the nine bordering countries, six had experienced armed conflicts. Sudan had had armed conflicts since 1983 with the Sudan People's Liberation Army (SPLA/M). This was continuing despite the tireless efforts by the Government to bring about a lasting political settlement.
The prolonged war had frustrated and disrupted the traditional way of life in the southern states, the delegation said. Traditional chiefs, the sultans and elders, who used to defuse tensions and solve local problems, had deserted the area and settled in northern states. The prevalence of illicit firearms trade, in particular machine guns smuggled from neighbouring countries, had exacerbated the situation. A serious repercussion was the unfortunate escalation of the abduction of women and children. The SPLA/M was the main group responsible for the abductions in the border areas between the north and south. It was imperative to mention that the Constitution of Sudan acknowledged that it was a multi-lingual, multi-religious and multi-cultural country. This multiplicity carried certain problems, and the Government realized those problems, and was working on solutions.
Discussion
Committee Expert Patricia Nozipho January-Bardill, the Rapporteur on the reports, said the issues contained in the reports were so inter-related that it was difficult to differentiate between, for example, ethnicity issues and broader issues within the country. The report needed demographic figures about the multi-cultural society that could help the Government in its strategies.
Ms. January-Bardill said there were still persistent reports about the violation of human rights in the country. Despite the cease fire agreements, the civil war was still going on. A Special Rapporteur who had visited Sudan had said he was horrified by the lack of respect for international human rights standards on both sides of the war. Oil had been found in Sudan, and reports said that could be the reason for the continuation of the war. And there were reports that people who lived in the region where oil had been found had become displaced. The Special Rapporteur was sure that oil lay at the heart of the conflict.
She said there were other reported human rights abuses that were mentioned by other organizations, including the displacement of people, the rape and murder of women, the abduction of children, harassment of human rights workers, and prolonged detention in poor conditions. There were reports of incidents of propaganda, promoting the war as a Jihad, in which boys were being recruited. There were reports that the Government had harassed Christian churches and believers, and that the conversion from Islam to other faiths was a capital crime.
She said the Committee appreciated that the Government had been working with local and regional human rights bodies. This cooperation was verified by UN workers and rapporteurs, who had been working in the region and the country. But there were still allegations of human rights abuses. Cultural and religious rights were not protected enough by the State.
Ms. January-Bardill asked how much had been done to teach tolerance? What was done about asylum-seekers and refugees? The asylum policy seemed to prohibit granting asylum to Chadian nationals, which would violate the Convention.
Other Experts asked the delegation, among other things, about whether the referendum on the new Constitution was held in all regions of the country, including areas involved in armed conflict; the Government's support for oil exploration; the consequences of converting from Islam; a detailed breakdown of the number of faith-based buildings that had been destroyed; a detailed breakdown of the schools built in various regions since 1997; details about cases brought to the Constitutional Court; the guarantee of access to courts; measures that were available to victims of discrimination; a law prohibiting groups from promoting racial discrimination; and if education was provided in native tribal languages.
The Experts also wondered about the situation of internally displaced persons; cases of slavery in Sudan; the kidnapping of women and children; the effect the armed conflicts had on the civilian population; forced recruitment of children as soldiers; steps the Government intended to take to ensure that asylum could be granted to nationals of all origins; refugees from Ethiopia; efforts to return those women and children who had been kidnapped; the historical phenomenon of abductions; criminal and civil plans to punish the abductors; compensatory measures for the victims of abduction; legislation to prohibit the practice of slavery; the opening of zones to humanitarian aid; efforts to combat famine; the benefit of the local population from the oil exploration projects; the relationship between the federal government and transnational oil companies; armed militiamen in various tribes; the division of powers between the states and the federal government concerning human rights; the powers of the federal and non-federal authorities; the dissemination of the Convention; the American initiative to help end the civil war; and training for military and police.
* *** *