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15 March 2001
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CERD
58th session
15 March 2001
Morning
The Committee on the Elimination of Racial Discrimination this morning completed its public review of the ninth, tenth and eleventh periodic reports of Sudan on how that country is implementing the provisions and rights contained in the International Convention on the Elimination of all Forms of Racial Discrimination.
Answering questions posed by Committee Experts on Wednesday afternoon, a Sudanese Government delegation spoke mainly about the civil war that was being fought in the southern part of the country.
The delegation said reports of the abduction of women and children were exaggerated by some non-governmental organizations (NGOs). One NGO, Christian Solidarity International (CSI), did not conceal its hostility toward Sudan. It repeatedly used the term "slave trade", implying that taking captives was Government policy. There was no evidence that this was the case and allegations of slavery had been refuted by several journalists and a human rights expert.
The delegation detailed the history of the conflict in the south, telling Committee Experts that there had been a division between the north and south when the country was a British colony. The division remained following independence, and a civil war began in 1983 after the south was divided into three regions.
A referendum on self-determination for southern Sudan would be held four years after a cease-fire, the delegation said.
Answering other questions, the delegation said an Ombudsman's office was created in 1998 to look into any wrongdoings by the President, his Deputies, his Ministers, or any of the Governors. The Ombudsman could also investigate any laws that were harmful to any Sudanese person. Further, the delegation said there were 21 daily newspapers in Sudan, and only one was State sponsored. The freedom of the press exercised in Sudan was at the level of developed countries.
The delegation also explained that the Constitutional Court was established shortly after the Constitution was adopted, and that it played a significant part in Sudanese society. It was the Court that was able to investigate the President or the Governors, and it handled complaints of human rights abuses from individuals.
At the end of the discussion, the Committee’s Rapporteur on the reports, Patricia Nozipho January-Bardill said the Committee recognized the range of challenges that the Government was dealing with. It was important to see the principal of non-discrimination in the Constitution, and that international treaties had been incorporated into national laws. It was good to hear about the Constitutional Court and that people had access to it. She said the Government should pursue peace solutions and take strong measures to stop abductions of women and children. Refugees should be protected, and active steps should be taken to prevent famine and starvation.
The Committee will issue its conclusions and recommendations on the report of Sudan towards the end of its three week session which concludes on 23 March.
The Committee also discussed the draft proposal and programme of action for the upcoming World Conference against Racism.
The Committee will meet at 3 p.m. this afternoon to consider the initial report of Georgia.
Discussion
Answering questions posed Wednesday afternoon by Committee Experts, the delegation said the first law after the establishment of the Constitution was the creation of the Constitutional Court. There were seven justices who sat on the court. It was authorized to interpret the Constitution and laws, whether authorized by the National Council, the President, or the Governors. It was authorized to hear from any individual with human rights complaints. An individual could petition the court on behalf of himself, or on behalf of a friend or a neighbour or even a refugee. The Court was also authorized to take criminal action against the President or the Governors. In the past, the Chief Justice had administered oaths of office to Governors in front of the President. Now, the oath was administered in front of the President of the Constitutional Court.
The delegation said that last year, the Governor of Khartoum had prohibited women from doing four types of work, including working as waiters and as gasoline station attendants. The Governor, who was a doctor of public health, said these jobs were degrading, and possibly bad for their health. But a group of women filed a suit, and there were demonstrations. A compromise was attempted, with alternative jobs being offered to the women. But half of the women refused the jobs, saying the law was unconstitutional. The delegation felt the ruling would go in favour of the women. This was a good example which had made everyone aware of the human rights provisions in the Constitution.
The delegation said there was a law that established the federal system. There were 26 states, each headed by a Governor, each with legislative bodies. Each of these were now functioning fully. However, there were not enough resources for enough competent civil servants for the federal government.
The delegation said a 1998 law had authorized the setting up of an Ombudsman's office. The Ombudsman was authorized to look into any wrongdoing by the President, his deputies, his Ministers, or any of the Governors. The Ombudsman could also investigate any laws that were harmful to any Sudanese person.
Asked about the Press and Printing Act of 1999, the delegation said a body was created to ensure the members of the press could exercise their rights completely. The group consisted of seven people appointed by the President, nine people appointed by the press associations, and five people appointed by Parliament. The group established a code of conduct for journalists. There were now 21 daily newspapers, and the Government sponsored only one. The others were independent, and exercised a freedom of the press that was normally seen in developed countries. Some people felt these papers sometimes went out of their way to criticize.
Police were not allowed to arrest anyone for more than three days without a charge. After that, the Ministry of Justice could take over and request detention for one month so an investigation could take place. And after that, the Ministry could request a longer detention period, one month at a time. People thought security forces were unlimited by the law. That was not the case. Ten senior officers were recently sent to court for mistreating people. Three of them were accused of murder. These three were sentenced to hanging. The family of the deceased were allowed to accept payment or to give pardon. At that time, the judgment could be reduced. One of the families in these cases had accepted the blood money, and the other two had refused, and those officers were executed. This was to give an example that security officers were not above the law.
The delegation said non-Muslim and non-Christian Sudanese people were respected, and their African religions were respected. It was working in a very harmonious manner.
About the right to convert from certain religions, the delegation said it was not a crime unless there was a threat to public safety. If someone went into the street cursing his former religion, it was considered a threat to public safety.
Questioned about the right to appeal, the delegation said Sudan had adopted the British rule of law system. The right to appeal was applicable to everybody. The Government was also required to provide legal aid to every person under investigation.
Regarding the right to self-determination, the delegation said a 1996 law said that four years after a cease-fire in southern Sudan, there would be a referendum on self-determination.
The delegation said any political party in Sudan that had racist practices could be disassembled.
About abduction of women and children, the delegation said the problem was exaggerated by some non-governmental organizations (NGOs) had said. The NGO Christian Solidarity International (CSI) did not conceal its hostility toward Sudan. On several occasions, it had defamed Sudan, and it considered the rebel movement a liberation movement. CSI, during the 55th Commission on Human Rights, had violated rules and was removed as an non-governmental organization (NGO) observer accredited with ECOSOC. CSI repeatedly used the term "slave trade", implying that taking captives was Government policy. There was no evidence that this was the case. The slavery issue was a slippery one. It would be a mistake to impose a stereotype. It created an incentive for further abductions.
The delegation said the problem in southern Sudan was a historical one. During the colonial era, the south had been closed. Nobody from the north was allowed into the south without a visa from 1922 to 1947. The British Government had planned to annex southern Sudan to its colonies in East Africa. That had created a level of distrust between the south and the north. In 1947, there was a request to created a federal Government, but it was not accepted. In 1964, a round table conference was convened, and one recommendation was to give southern Sudan autonomy. In 1973, autonomy was applied. Until 1983, there was peace. The President had accepted a plan to divide the south into three regions to dilute the Dinka's power. Then, the rebel movement, backed by the Dinka tribe, had started the war. In order to reach peace, two peoples needed to talk to each other. The Government was more than willing to talk, but the rebels did not want to. There were peace discussions, and eventually seven rebel factions had signed an agreement, only the SPLA had not done so. The Government supported a humanitarian cease-fire, but the rebels did not agree with it.
Asked about people who were displaced from the oil fields, the delegation said the allegations ignored the fact that there was a civil war in the area. The war intensified in many parts of the south and east, including in oil-producing areas. The oil areas were targets of the SPLA, and the message was conveyed that people should get out of the region or they could be in danger. The displaced people were given basic human needs, and were put in areas where schools and hospitals had been built, and clean water was assured. The living conditions had improved.
Regarding displaced people, the delegation said most people had relocated to the north because they preferred it there to neighbouring countries. About 3.6 million displaced persons were living in the north. They were given basic human needs, and they would be free to return when the hostilities ended.
Responding to a question, the delegation said that in the capital, Khartoum, there were 76 churches. That was more than in Nairobi or Addis Ababa.
Minorities were represented in the federal government, the delegation said. Out of 29 Ministers, seven were from the south. There were six vice presidents, and one was from the south. Southern representation in the federal government was about 35 per cent, and the south was only about 25 per cent of the population.
Answering a question about education, the delegation said $ 2 million had been appropriated to repair schools in the south. A lot of destruction had been caused by the rebel movement. Southern students in the north had free access to schools. They were allowed to have courses taught in their own languages.
PATRICIA NOZIPHO JANUARY-BARDILL, the Rapporteur on the reports of Sudan, said that the Committee recognized the range of challenges that the Government was dealing with. It was appreciated that the delegation was eager to answer the questions of the Committee's Experts. It was important to see the principal of non-discrimination in the Constitution, and that international treaties had been incorporated into national laws. It was good to hear about the Constitutional Court and that people had access to it. It was appreciated that gender was being considered in social development.
Mrs. January-Bardill said she was concerned about the war and all the social and economic problems that it was causing. She urged the delegation to examine the demographic breakdown so that the Government could see the destructive effect of the war on various groups of people, and the Government should pursue solutions. The Government should pursue peace, and take strong measures to stop abductions of women and children. Refugees should be protected, and active steps should be taken to prevent famine and starvation. Oil revenues should be used to improve the life of all Sudanese people.
* *** *
58th session
15 March 2001
Morning
The Committee on the Elimination of Racial Discrimination this morning completed its public review of the ninth, tenth and eleventh periodic reports of Sudan on how that country is implementing the provisions and rights contained in the International Convention on the Elimination of all Forms of Racial Discrimination.
Answering questions posed by Committee Experts on Wednesday afternoon, a Sudanese Government delegation spoke mainly about the civil war that was being fought in the southern part of the country.
The delegation said reports of the abduction of women and children were exaggerated by some non-governmental organizations (NGOs). One NGO, Christian Solidarity International (CSI), did not conceal its hostility toward Sudan. It repeatedly used the term "slave trade", implying that taking captives was Government policy. There was no evidence that this was the case and allegations of slavery had been refuted by several journalists and a human rights expert.
The delegation detailed the history of the conflict in the south, telling Committee Experts that there had been a division between the north and south when the country was a British colony. The division remained following independence, and a civil war began in 1983 after the south was divided into three regions.
A referendum on self-determination for southern Sudan would be held four years after a cease-fire, the delegation said.
Answering other questions, the delegation said an Ombudsman's office was created in 1998 to look into any wrongdoings by the President, his Deputies, his Ministers, or any of the Governors. The Ombudsman could also investigate any laws that were harmful to any Sudanese person. Further, the delegation said there were 21 daily newspapers in Sudan, and only one was State sponsored. The freedom of the press exercised in Sudan was at the level of developed countries.
The delegation also explained that the Constitutional Court was established shortly after the Constitution was adopted, and that it played a significant part in Sudanese society. It was the Court that was able to investigate the President or the Governors, and it handled complaints of human rights abuses from individuals.
At the end of the discussion, the Committee’s Rapporteur on the reports, Patricia Nozipho January-Bardill said the Committee recognized the range of challenges that the Government was dealing with. It was important to see the principal of non-discrimination in the Constitution, and that international treaties had been incorporated into national laws. It was good to hear about the Constitutional Court and that people had access to it. She said the Government should pursue peace solutions and take strong measures to stop abductions of women and children. Refugees should be protected, and active steps should be taken to prevent famine and starvation.
The Committee will issue its conclusions and recommendations on the report of Sudan towards the end of its three week session which concludes on 23 March.
The Committee also discussed the draft proposal and programme of action for the upcoming World Conference against Racism.
The Committee will meet at 3 p.m. this afternoon to consider the initial report of Georgia.
Discussion
Answering questions posed Wednesday afternoon by Committee Experts, the delegation said the first law after the establishment of the Constitution was the creation of the Constitutional Court. There were seven justices who sat on the court. It was authorized to interpret the Constitution and laws, whether authorized by the National Council, the President, or the Governors. It was authorized to hear from any individual with human rights complaints. An individual could petition the court on behalf of himself, or on behalf of a friend or a neighbour or even a refugee. The Court was also authorized to take criminal action against the President or the Governors. In the past, the Chief Justice had administered oaths of office to Governors in front of the President. Now, the oath was administered in front of the President of the Constitutional Court.
The delegation said that last year, the Governor of Khartoum had prohibited women from doing four types of work, including working as waiters and as gasoline station attendants. The Governor, who was a doctor of public health, said these jobs were degrading, and possibly bad for their health. But a group of women filed a suit, and there were demonstrations. A compromise was attempted, with alternative jobs being offered to the women. But half of the women refused the jobs, saying the law was unconstitutional. The delegation felt the ruling would go in favour of the women. This was a good example which had made everyone aware of the human rights provisions in the Constitution.
The delegation said there was a law that established the federal system. There were 26 states, each headed by a Governor, each with legislative bodies. Each of these were now functioning fully. However, there were not enough resources for enough competent civil servants for the federal government.
The delegation said a 1998 law had authorized the setting up of an Ombudsman's office. The Ombudsman was authorized to look into any wrongdoing by the President, his deputies, his Ministers, or any of the Governors. The Ombudsman could also investigate any laws that were harmful to any Sudanese person.
Asked about the Press and Printing Act of 1999, the delegation said a body was created to ensure the members of the press could exercise their rights completely. The group consisted of seven people appointed by the President, nine people appointed by the press associations, and five people appointed by Parliament. The group established a code of conduct for journalists. There were now 21 daily newspapers, and the Government sponsored only one. The others were independent, and exercised a freedom of the press that was normally seen in developed countries. Some people felt these papers sometimes went out of their way to criticize.
Police were not allowed to arrest anyone for more than three days without a charge. After that, the Ministry of Justice could take over and request detention for one month so an investigation could take place. And after that, the Ministry could request a longer detention period, one month at a time. People thought security forces were unlimited by the law. That was not the case. Ten senior officers were recently sent to court for mistreating people. Three of them were accused of murder. These three were sentenced to hanging. The family of the deceased were allowed to accept payment or to give pardon. At that time, the judgment could be reduced. One of the families in these cases had accepted the blood money, and the other two had refused, and those officers were executed. This was to give an example that security officers were not above the law.
The delegation said non-Muslim and non-Christian Sudanese people were respected, and their African religions were respected. It was working in a very harmonious manner.
About the right to convert from certain religions, the delegation said it was not a crime unless there was a threat to public safety. If someone went into the street cursing his former religion, it was considered a threat to public safety.
Questioned about the right to appeal, the delegation said Sudan had adopted the British rule of law system. The right to appeal was applicable to everybody. The Government was also required to provide legal aid to every person under investigation.
Regarding the right to self-determination, the delegation said a 1996 law said that four years after a cease-fire in southern Sudan, there would be a referendum on self-determination.
The delegation said any political party in Sudan that had racist practices could be disassembled.
About abduction of women and children, the delegation said the problem was exaggerated by some non-governmental organizations (NGOs) had said. The NGO Christian Solidarity International (CSI) did not conceal its hostility toward Sudan. On several occasions, it had defamed Sudan, and it considered the rebel movement a liberation movement. CSI, during the 55th Commission on Human Rights, had violated rules and was removed as an non-governmental organization (NGO) observer accredited with ECOSOC. CSI repeatedly used the term "slave trade", implying that taking captives was Government policy. There was no evidence that this was the case. The slavery issue was a slippery one. It would be a mistake to impose a stereotype. It created an incentive for further abductions.
The delegation said the problem in southern Sudan was a historical one. During the colonial era, the south had been closed. Nobody from the north was allowed into the south without a visa from 1922 to 1947. The British Government had planned to annex southern Sudan to its colonies in East Africa. That had created a level of distrust between the south and the north. In 1947, there was a request to created a federal Government, but it was not accepted. In 1964, a round table conference was convened, and one recommendation was to give southern Sudan autonomy. In 1973, autonomy was applied. Until 1983, there was peace. The President had accepted a plan to divide the south into three regions to dilute the Dinka's power. Then, the rebel movement, backed by the Dinka tribe, had started the war. In order to reach peace, two peoples needed to talk to each other. The Government was more than willing to talk, but the rebels did not want to. There were peace discussions, and eventually seven rebel factions had signed an agreement, only the SPLA had not done so. The Government supported a humanitarian cease-fire, but the rebels did not agree with it.
Asked about people who were displaced from the oil fields, the delegation said the allegations ignored the fact that there was a civil war in the area. The war intensified in many parts of the south and east, including in oil-producing areas. The oil areas were targets of the SPLA, and the message was conveyed that people should get out of the region or they could be in danger. The displaced people were given basic human needs, and were put in areas where schools and hospitals had been built, and clean water was assured. The living conditions had improved.
Regarding displaced people, the delegation said most people had relocated to the north because they preferred it there to neighbouring countries. About 3.6 million displaced persons were living in the north. They were given basic human needs, and they would be free to return when the hostilities ended.
Responding to a question, the delegation said that in the capital, Khartoum, there were 76 churches. That was more than in Nairobi or Addis Ababa.
Minorities were represented in the federal government, the delegation said. Out of 29 Ministers, seven were from the south. There were six vice presidents, and one was from the south. Southern representation in the federal government was about 35 per cent, and the south was only about 25 per cent of the population.
Answering a question about education, the delegation said $ 2 million had been appropriated to repair schools in the south. A lot of destruction had been caused by the rebel movement. Southern students in the north had free access to schools. They were allowed to have courses taught in their own languages.
PATRICIA NOZIPHO JANUARY-BARDILL, the Rapporteur on the reports of Sudan, said that the Committee recognized the range of challenges that the Government was dealing with. It was appreciated that the delegation was eager to answer the questions of the Committee's Experts. It was important to see the principal of non-discrimination in the Constitution, and that international treaties had been incorporated into national laws. It was good to hear about the Constitutional Court and that people had access to it. It was appreciated that gender was being considered in social development.
Mrs. January-Bardill said she was concerned about the war and all the social and economic problems that it was causing. She urged the delegation to examine the demographic breakdown so that the Government could see the destructive effect of the war on various groups of people, and the Government should pursue solutions. The Government should pursue peace, and take strong measures to stop abductions of women and children. Refugees should be protected, and active steps should be taken to prevent famine and starvation. Oil revenues should be used to improve the life of all Sudanese people.
* *** *