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HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF SUDAN
12 July 2007
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Human Rights Committee
12 July 2007
The Human Rights Committee has considered the third report of Sudan on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.
Ibrahim Margani Ibrahim Mohamed Kheir, Permanent Representative of Sudan to the United Nations Office at Geneva, in introductory remarks, underscored that Sudan had done much since its previous report in 1997. The current situation was completely different from what it had been back then. Higher education, ceasefires and a free press were all new things that the Sudanese were now enjoying. The Government was no longer financing government press, and there were now no fewer than six private TV stations in the country, in addition to the official one. Those changes represented a revolution in the area of civil and political rights. While things were not perfect, the current Darfur Peace Agreement, and the collaboration of the Government with the United Nations Security Council and the African Union, represented a milestone towards improving the situation in Darfur.
Abduldaim Zamrawy, Undersecretary of the Ministry of Justice of Sudan, introducing the report, said that, with the Transitional Constitution of 2005, Sudan had made a great step forward by replacing the old system and providing a fair distribution of authority and the continuation of the democratic system. Sudan had also launched preparations for renewing the provincial constitutions, as well as the federal one. The report also confirmed that nobody was above the law in Sudan, and that nobody could hide from it in any part of the country.
Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, if there were any cases of army officers above the rank of captain that had had been prosecuted for the misbehaviour of their troops; whether the Government was dealing with the question of the role of militias in Darfur that continued to perpetuate serious violations to the right to life; whether the Sudanese judiciary had the legal and technical capacity to deal with cases of human rights violations in Darfur; and what was being done to disarm the militias and why it was going so slowly.
Rafael Rivas Posada, Chairperson of the Committee, in preliminary concluding observations, highlighted concerns surrounding the ongoing internal war, which had produced so much suffering and which had produced so many potential violations of human rights. Progress was still needed in Sudan to address issues of impunity, the protection of women and children, and to establish an age for criminal responsibility that corresponded to international standards.
The Committee reviewed the report of Sudan over three meetings and it will issue its formal recommendations on the report towards the end of the session, which will conclude on 27 July 2007.
Sudan is among the 160 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty.
The Sudanese delegation, which presented the report, also included members of the Sudanese Mission in Geneva, the Attorney General, the Head of the Legislative Department, the Ministry of Justice, and the Freedom of Press and Expression Department.
When the Committee reconvenes, at 10 a.m. on Friday, 13 July, it is scheduled to discuss a revised General Comment on article 14 of the Covenant (right to a fair trial).
Report of Sudan
The third report of Sudan (CCPR/C/SDN/3) says, with regard to Southern Sudan, that citizens in the parts under the control of the Sudanese Government in Southern Sudan enjoy all rights and freedoms provided for in the Constitution and law, which parallel the rights contained in the Covenant. These rights include the right to self-determination and autonomy through a Coordination Council of Southern States and local councils of ministers, legislative councils and other local government channels. Gross violations of the Covenant appear in the parts under the control of the rebel movement in Southern Sudan. The continuation of the war in the south was a major impediment that hindered the State from providing essential services. Another hindrance was foreign intervention, in the form of an invasion by neighbouring countries and a substantial support of the rebel movement.
With regard to female circumcision, the report says that women in Sudan continue to suffer from such harmful practices despite the granting to women of constitutional and legal rights. Female circumcision is widespread in the entire region of the Horn of Africa and some West African States for historical and traditional reasons. Given the grave bodily and psychological damage resulting from it, the State and women’s organizations are making formidable efforts to eradicate it. It is now constantly diminishing. In addition to its being legally forbidden in Sudan, the national campaign against it is essentially based on spreading education and awareness about its bad effects. In 2004, the Government of Sudan, through its Sudanese Medical Council, issued a decision preventing physicians in Sudan from practising circumcisions. On the religious side, the Islamic Religious Verdict Council gave a religious opinion banning pharaonic circumcision, which represents the worst form of female circumcision.
Presentation of Report
IBRAHIM MARGANI IBRAHIM MOHAMED KHEIR, Permanent Representative of Sudan to the United Nations Office at Geneva, in introductory remarks, said that he appreciated the efforts and the dedication of the Committee and that Sudan had benefited a good deal from the discussions that had arisen in the context of previous reports it had submitted. The Committee would find this time a very balanced report.
Regarding the Committee's questions on statistics, Mr. Mohamed Kheir said that – in addition to the theoretical answers one could get from the different institutes and government bodies – going out into the field was very essential to understanding the situation in Sudan. In the report, they had done their best to deliver answers that showed what is going on on the ground in Sudan.
Mr. Mohamed Kheir also underscored that Sudan had done much since the previous report was considered in 1997, and that the current situation was completely different from what it had been back then. Higher education, ceasefires and a free press were all new things that the Sudanese were now enjoying. The Government was no longer financing government press, and there were now no fewer than six private TV stations in the country, in addition to the official one. Those changes represented a revolution in the area of civil and political rights.
That did not mean that Sudan was perfect and, in particular, it should be noted that the situation was completely different in Southern Sudan. However, the current Darfur Peace Agreement, and the collaboration of the Government with the United Nations Security Council and the African Union, represented a milestone towards improving the situation in Darfur. Mr. Mohamed Kheir felt optimistic that things were moving in the right direction.
ABDULDAIM ZAMRAWY, Undersecretary of the Ministry of Justice of Sudan, introducing the report, noted that the report had been prepared before the signing of the Darfur Peace Agreement, and thus they would try to take into account the important changes that took place since then in their answers. With the Transitional Constitution of 2005, Sudan had made a great step forward by replacing the old system and providing a fair distribution of authority and the continuation of the democratic system. Sudan had also launched preparations for renewing the provincial constitutions, as well as the federal one.
To see the results of the new Constitution, one should focus on practical implementation and the reality on the ground; but there were still some defects in certain laws. Mr. Zamrawy noted that the report also confirmed that nobody was above the law in Sudan, and that nobody could hide from it in any part of the country.
Mr. Zamrawy said that the problem in Darfur would also be addressed in the delegation's answers. The Sudanese Government was carrying out its duty to protect civilians in Darfur, and was also fighting violence against women in that region. The last step forward to normalize the situation had been the agreement of the deployment of a Joint Peace Force in Darfur.
Right of Persons to Self-Determination
Responding to the Committee's written list of issues, the delegation said, with regard to the measures taken to ensure that Sudanese legislation was compatible with the Covenant, that the Constitution of 2005 made it clear that international conventions ratified by Sudan were considered an integral part of it, and that any domestic law that conflicted with international conventions that Sudan had adopted would be deemed non-constitutional.
Regarding the legal status of the Southern Sudan Human Rights Commission, the delegation noted that there were three levels of government in Sudan: local, federal and that of the southern Sudan region. The Federal Constitution being above the Southern Sudan Constitution, it thus gave limits to the competence of the Government of Southern Sudan in those matters.
As to the legal provisions that applied to members of the government security forces or the police accused of criminal behaviour, when perpetrators were caught red-handed their immunity was instantly lifted. Further, the delegation cited several examples of cases of security and prison forces that had been brought to court and sentenced, showing that official immunity was not an absolute shield against law in Sudan.
Concerning action on complaints regarding crimes committed in Darfur, the delegation said that a number of members of the Popular Defence Forces, as well as governmental forces, had been brought before a special court, whose sentences had included both imprisonment and the death penalty. That court had also sentenced several persons accused of violence against women. Regular courts were also reviewing other normal cases, besides war crimes, like robbery, occurring in Darfur province.
As to the Presidential Decree declaring a general amnesty to the groups that had signed the Darfur Peace Agreement, the delegation confirmed that that amnesty applied to every force and individual that had taken part in the conflict, but that it did not include war crimes, as covered in international treaties.
In terms of Sudan’s cooperation with the International Criminal Court (ICC), it should be recalled that Sudan was neither a member nor a signatory to the ICC. Furthermore, the delegation stressed that the ICC did not respect the non-discrimination article of the Covenant, and the Committee should not venture into such political questions. The Sudanese Government had underscored that the ICC was not a competent authority, that it had no jurisdiction, and thus the ICC could not deal with the Darfur case, even if the Security Council transferred it to the ICC. Similarly, Sudan believed that the demands of the Attorney General of the ICC to accuse certain individuals had no legal basis, and that that procedure went against Sudan's right to use domestic law to deal with the situation, as enshrined in the Covenant. Sudan was committed to exercise its domestic law without any kind of discrimination and would use its traditional penal proceedings in the Darfur case.
On the implementation of the Comprehensive Peace Agreement, the delegation answered that Sudan had approved the self-determination of the South, and that it had not proceeded because it had been pressured to do so, but because of the Government's understanding that the time had come for it. The final decision would rest with the citizens.
Equality Between the Sexes; Non-Discrimination
On the issue of gender discrimination, the delegation said that the Government had issued a decree stating that husband and wife now shared ownership of land and that land registration now included the name of the wife. The decree also mentioned that land could not be sold without the consent of the wife.
On the question of women’s representation in public offices, the delegation answered that Sudan ensured that women enjoyed equal rights with regard to work opportunities and pay, and that it was also combating harmful practices towards women and providing healthcare for children and pregnant women.
Right to Life and Prohibition of Torture
With respect to the death penalty, the delegation said that crimes of provoking a war against the State, spying against the homeland, premeditated murder, inciting minors to suicide, adultery, unnatural sexual relations, rape, honour crimes, and treason by civil servants, were all subject to the death penalty, which was carried out by hanging.
On Sudan’s plan to combat violence against women in Darfur, the delegation noted that the three states in the Darfur region had all seen a rise in such cases, and that a plan had been adopted by the Government to understand the details and causes of the problems. Three commissions had been created in partnership with international non-governmental organizations and several United Nations and human rights observers. One of their mandates was to receive the appeals of victims and to refer them to the competent authorities. The plan covered not only Darfur, but also the whole of Sudan, thus covering all national cases of violence against women, including violence against children. A special police force to protect the Sudanese civilians in Darfur had been set up, with particular attention to crimes of violence against women. The commissions had also set up the rules to be followed in such cases, including healthcare procedures. In addition, publications would also be distributed to the public on those issues. Taken all together, those steps had led to a reduction of cases of violence against women since 2003.
With respect to the practice of female genital mutilation, there were a number of measures currently being implemented that contributed to combat such practices, the delegation said. With an increased awareness of the situation, the medical professional association had now published its decision to stop the practice of genital mutilation, and the Fatwah Council had also decided to ban the mutilation practice. The issue was also being covered in schools and medical training schools. As a result, the percentage of excision had fallen considerably, notably by 24 per cent in Khartoum. In criminal law, excision was seen as bodily harm and it was criminalized in the penal legislation. A number of measures would further be introduced to combat the practice.
On the allegations that militia in Darfur continued to perpetuate serious violations of the right to life and to physical and moral integrity with total impunity and with the active and/or tacit complicity of the Sudanese authorities, it would be good first to recall the historical context of the emergence of the Darfur conflict. That conflict had had its roots in disputes over local resources like water, and the United Nations Secretary-General had thus named it the first environmental conflict. A wide range of factions and militias had been involved in it, and serious violations had been perpetrated. Investigations by the Sudanese justice authorities of events committed during the height of the Darfur conflict, in 2003 and 2004, had been very complicated but some had been submitted to court. The fact that convicted persons had later appealed did not mean that there was complicity with the Sudanese Government. One had to understand that those cases had taken place in provinces that covered three times the area of France, and where there were no means of communications and very difficult transportation. To gather evidence and get witnesses to court in such conditions was thus an extremely difficult task and one subject to delays. But the Government had never given any impunity to anyone in those cases, the delegation underscored
As regards measures to put an end to torture and abuse carried out by members of the national security force, the delegation said that the Government had committed itself to draft new laws governing the police and armed forces, and acknowledged the need for clear guidelines.
Prohibition of Slavery and Forced Labour
With regard to the measures taken to put an end to the abduction of women and children, the delegation said that the phenomenon of abduction was an old practice between tribes, which it attributed to a lack of awareness and old customs. Because of the civil war, the number of abductions had increased. The delegation said that Sudan had established a committee in 1999, entrusted with the task of finding abducted people, returning them to their families, documenting the cases and eliminating that phenomenon. The Government had wanted to take legal measures against abductors, but the tribal chiefs had asked, rather, to have a dialogue between the parties and to use legal measures as a last resource. Thanks to that committee, thousands of cases of abductions had been dealt with and abducted persons had been able to return to their families.
Regarding measures taken to demobilize all children in the ranks of warring parties in the Sudan, the delegation underscored that the Sudanese army had no person less than 18 years old in its ranks. However, after the signing of the peace agreement in the South, that problem had arisen as new forces, which included children, had joined the Sudanese army. The war in Darfur had also seen the involvement of a lot of children who had been taken by force from refugee camps by warring factions. After the achievement of peace in the South, those problems had been addressed and the Government had taken surveys of the numbers of children involved and brought them back to their families. Workshops were also being implemented inside the military to raise awareness about the fact that such practices were a violation of human rights. But tribes still refused to address this problem, and continued fighting in the south of the Sudan was slowing the work of the Government in this matter.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics, including whether the current Sudanese Constitution covered all parts of the Covenant and was really compatible with it in the light of some ongoing practices, like flagellation, that were sanctioned by Sudanese law; whether Sudan had the legal capacity to combat violations of women rights; whether measures to organize the self-determination referendum in Southern Sudan were sufficient for it to be accomplished on time; and whether there was a real and sufficient cultural and intellectual movement that could lead to a change in the situation of women in the country.
An Expert asked if there were any cases of army officers above the rank of captain that had had been prosecuted for the misbehaviour of their troops; what the process was for the Minister of Interior to wave immunity in particular cases; and how it was that Sudanese Army materiel had been found in places where attacks against civilians had been carried out.
One Expert also wondered about the legal and material capacities of the Sudanese judiciary to deal with cases of human rights violations in Darfur; what procedures were applied in the Darfur special court; and why was it that women had to go to court to obtain a divorce, whereas men did not.
Further questions were asked about whether the Government was dealing with the question of the role of militias in Darfur that continued to perpetuate serious violations to the right to life; what had been the results of investigations into whether there had been any direct or indirect support of the Government forces to the militias; what was being done to disarm the militias and why it was going so slowly; how the Government intended to deal with the fact that no form of immunity could be compatible with allegations of torture; and why the penalties imposed by Shariah law were very light in some serious cases.
Experts also commented on the fact that Sudan was still the country with the worst record regarding the practice of female genital mutilation, even though it was making efforts on this matter. An Expert also underscored that as long as the Government could detain people up to nine months in pre-trial detention, it was a free ticket for prison officers to torture.
Response by Delegation to Oral Questions
The delegation, in response to the questions raised, said that the current Sudanese Constitution was an interim instrument until the planned referendum of self-determination of the South took place. That referendum would see in the end a unified Sudan or the creation of separate States. Sudan was taking the referendum very seriously.
On the compatibility of the Constitution with the Covenant, the delegation noted that certain provisions in the law should be improved, but that there was no inconsistency with the Covenant; flagellation and whipping were legal punishments and the Covenant did allow them as they were not inhuman or degrading and were carried out within the framework of the law.
With regard to the inquiry carried out by the Government on the matter of human rights violations in Darfur, the steps that had been taken up until now had been done with a serious approach. Legal provisions were applicable throughout Darfur thanks to special tribunals and committees present there. The delegation did not think that the Government had a lack of material or resources to carry out justice. As to a lack of security for witnesses, the fact that a considerable number of people had been indicted with the help of witnesses' testimony would indicate that this was not an issue.
The delegation underscored that Sudan was the first country that had ever been asked to carry out trials while a war was still being carried on. That was a difficult situation. Demobilization of children soldiers was also a difficult task as many warring factions hid in inaccessible areas. A solid ceasefire and peace would be necessary to carry out the work of justice.
As to Sudan's willingness to change the situation of women, while the situation in Sudan might not be the best in the world on this issue, there was an intellectual movement in the country that was changing the situation, the delegation said. Steps had been taken to give women the ability to open up bank accounts, to have a broader participation and representation of women in political processes, and a current trend had been noted of women starting studies and making careers as professionals – doctors, lawyers, etc.
On the lack of confidence women had towards members of the police force, the delegation said that the Government was looking to solve that problem with the help of international organizations, which should act as a bridge.
Regarding indictment of higher ranking officers, the delegation stated that those people, too, as well as State officials, would be subject to inquiries if it was found that abuses were taking place. But, in general, it was the persons in the field who were the ones carrying out violations.
Further Oral Questions Posed by Experts
In further comments and questions, an Expert underscored that flogging was a violation of Article 7 of the Covenant. Also, Sudan was not the only country that had had to hold trials during war time – indeed, that was part of the Geneva Declaration. Experts also asked for an estimate of actual abductions; who was accountable to whom in the armed, security and border forces, in light of there complexity and number; and whether a defendant in a case of rape could later be accused of adultery if the court dismissed the rape case.
Response by Delegation
On the question regarding rape and adultery, the delegation said those were two distinct things. A defendant in a rape case could not be accused of adultery. As for the cases of abductions, while there were a number of figures from various sources, the numbers the Government had given were the most accurate estimates.
Further Responses by Delegation to Written Questions
Security of the Person and the Right Not to be Subjected to Arbitrary Detention
As to the abuses committed by national security agents during arrests and detention and the immunity they enjoyed, the delegation said that arrests by security forces were subject to control and prosecution according to the law and a complaints judge had been named by the judicial court to look into conditions of arrests. Furthermore, there were no secret places of detention and all prisons were subject to the same authorities.
The delegation added that a person could not be held in detention without a judicial order for more than three days. Each arrested person had to be dealt with dignity and told the reason of their arrest, had the right to legal representation, to obtain medical assistance and had the possibility to contact their relatives. Also, any member of the security forces and even any member of the government that was abusing their authority – including the President himself – could be punished by imprisonment and their immunity would be removed as soon as any accusations were proven.
Right to Liberty of Movement
No restrictions on the free movement of people throughout the whole country were imposed, even during wartime, the delegation said. Population displacements had occurred because of the war and attacks on villages by militias. Efforts of humanitarian agencies to access displaced persons had been hampered by minefields and by attacks on aid convoys and aid personnel by militias. The Government also had decided to shift the camps for displaced persons to better areas were new shelters were built.
Right to a Fair Trial
Commenting on reports that said that fair trial guarantees were not respected and confessions extracted as a result of torture, the delegation said that all basic principles of a fair trial were respected in Sudan. Most of the court trials were public, and everyone enjoyed the right of a fair trial. Thus allegations of torture would be stemming from a lack of understanding of the Articles of the Covenant. Nobody could be punished outside the law; and everyone appearing before court had the right to defence and the right to appeal. Furthermore, the judiciary system was independent from the executive and legislative branches of Government.
Freedom of Conscience and Religion
On the question of the scope of application of Shariah law, it was the main source of legislation in the north of Sudan. The delegation believed Shariah law was in keeping with the articles of the Covenant.
Regarding religious extremism, the delegation stated that the new Constitution did not state that Sudan was an Islamic country; there were thus no provisions naming any religion over another. Christianity was being taught in schools as part of the curriculum. Non-Muslims also had the right to open schools where Islamic religion and Arabic did not have to be taught.
Freedom of Expression, Assembly and Association
As to reports of arrests of journalists for publishing articles critical of government authorities, the delegation stated that journalists were allowed to criticize the Government and that it was not considered as a crime. Complaints could be made to a committee, and security forces did not have the right to close down a newspaper.
Concerning reports of violently dispersed demonstrations, the delegation stressed that the right to demonstrate was guaranteed, but permits had to be obtained for it. In case of a demonstration turning violent and threatening public order, police had the right to disperse people. As regards of the use of force, it should be proportional and should never lead to death.
Regarding the compatibility of the control and dissolution of political parties with the Covenant, the delegation said that that had been allowed by an old law that formed part of the old interim constitution. That law had now been removed and thus was no longer in force.
On the petition filed by non-governmental organizations (NGOs) contesting the constitutionality of the new act regulating voluntary work, the delegation explained that there had been a debate with an NGO about the obligation to provide information on the source of funding of the NGO, as requested by a law to combat terrorism. The NGO had apparently felt that this was a going against their privacy.
Principle of Non-Discrimination and Protection of Minorities
Regarding the demographic situation in the country, the delegation said that the constitution stated that Sudan is a sovereign and independent country, multicultural, multi-ethnic and composed of many religions. Citizens enjoyed freedom of religion and freedom too choose their language. That diversity was considered as a source of strength.
Dissemination of the Covenant
Regarding the training on the Covenant given to state agents and dissemination of its provisions, the delegation said that it was carrying out workshops and seminars in order to spread awareness about the Covenant
Concluding their answers to the written questions, the delegation thanked the Committee for the very constructive session and promised its full cooperation with the Committee in all areas. There were difficulties affecting Sudan's the implementation of the articles of the Covenant. Peace, human rights and economic development were interdependent. While the country’s gross domestic product was good for a least developed country, the Government needed the support of the international community. It was also a very difficult task to protect human rights in a country where over 1 million small arms were in circulation.
Further Oral Questions Posed by Experts
Committee experts then asked further questions, including whether there was a freedom of press or a control on it, as there were rumours that journalists were still under pressure and information showed that some journalists had been subjected to arrests and security forces had blocked a newspaper; regarding the right of peaceful demonstrations, whether human rights activists were being persecuted in the country; whether there was a law allowing a non-governmental organization to file a complaint if its registration was denied; and how were people educated on the rights of the Covenant so that it was available for the man in the street.
Further questions were asked on why people had not been protected against internal displacement; what was the present State policy regarding the resettlements or return of displaced persons; how could a judiciary that was accountable to the President be considered independent; how Sudan would help to fill the registration gaps in light of the coming referendum; and what was being done to address that situation of young people, who appeared to be required to take part in the popular defence forces if they wished to stay in school, and what recourse did they have to not undergo the religious training it provided, when that was incompatible with their own faith.
Another Expert noted that the practice of immunity of police services was not common throughout most countries, as the delegation appeared to suggest, but was actually very rare. A notable case was in the apartheid regime in South Africa. It was also worth noting that such immunities were not often waved when the people were doing what they had been told to do.
Response by Delegation
Responding, the delegation said that there was no censorship of the press in Sudan; non-governmental organizations had the right to appeal decisions; and dissolution of political parties was taking place only when there were specific facts of use of non-democratic means or violence. Also, there was no restriction of religious political parties as long as they observed all the principles and laws.
On the issue of internally displaced persons, the delegation said that they would return to their own homes, and that the Government did not allow the occupation of the properties of displaced persons.
The delegation said that it would provide written answers to the remaining questions as there was no time left to answer them all.
Preliminary Concluding Observations
RAFAEL RIVAS POSADA, Chairperson of the Committee, in preliminary concluding observations, thanked the delegation for the very fruitful exchange and the very full information they had given. It showed Sudan's will to comply with the Covenant.
Areas of concern were particularly the ongoing internal war that had produced so much suffering and which had produced so many potential violations of human rights, Mr. Rivas Posada said. Obviously the peace agreement still had to take root.
Progress was still needed in addressing issues of impunity, the protection of women and children, and to establish an age for criminal responsibility that corresponded to international standards, Mr. Rivas Posada underscored.
Finally, Mr. Rivas Posada noted that many aspects were linked to the necessary work of repairing the wounds of a long lasting domestic conflict. The human rights treaty bodies would continue their commitment to help Sudan to overcome the enormous problems that that country still faced.
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For use of the information media; not an official record
12 July 2007
The Human Rights Committee has considered the third report of Sudan on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.
Ibrahim Margani Ibrahim Mohamed Kheir, Permanent Representative of Sudan to the United Nations Office at Geneva, in introductory remarks, underscored that Sudan had done much since its previous report in 1997. The current situation was completely different from what it had been back then. Higher education, ceasefires and a free press were all new things that the Sudanese were now enjoying. The Government was no longer financing government press, and there were now no fewer than six private TV stations in the country, in addition to the official one. Those changes represented a revolution in the area of civil and political rights. While things were not perfect, the current Darfur Peace Agreement, and the collaboration of the Government with the United Nations Security Council and the African Union, represented a milestone towards improving the situation in Darfur.
Abduldaim Zamrawy, Undersecretary of the Ministry of Justice of Sudan, introducing the report, said that, with the Transitional Constitution of 2005, Sudan had made a great step forward by replacing the old system and providing a fair distribution of authority and the continuation of the democratic system. Sudan had also launched preparations for renewing the provincial constitutions, as well as the federal one. The report also confirmed that nobody was above the law in Sudan, and that nobody could hide from it in any part of the country.
Committee Experts raised questions and asked for further information on subjects pertaining to, among other things, if there were any cases of army officers above the rank of captain that had had been prosecuted for the misbehaviour of their troops; whether the Government was dealing with the question of the role of militias in Darfur that continued to perpetuate serious violations to the right to life; whether the Sudanese judiciary had the legal and technical capacity to deal with cases of human rights violations in Darfur; and what was being done to disarm the militias and why it was going so slowly.
Rafael Rivas Posada, Chairperson of the Committee, in preliminary concluding observations, highlighted concerns surrounding the ongoing internal war, which had produced so much suffering and which had produced so many potential violations of human rights. Progress was still needed in Sudan to address issues of impunity, the protection of women and children, and to establish an age for criminal responsibility that corresponded to international standards.
The Committee reviewed the report of Sudan over three meetings and it will issue its formal recommendations on the report towards the end of the session, which will conclude on 27 July 2007.
Sudan is among the 160 States parties to the International Covenant and as such it is obligated to submit reports on its performance aimed at implementing the provisions of the treaty.
The Sudanese delegation, which presented the report, also included members of the Sudanese Mission in Geneva, the Attorney General, the Head of the Legislative Department, the Ministry of Justice, and the Freedom of Press and Expression Department.
When the Committee reconvenes, at 10 a.m. on Friday, 13 July, it is scheduled to discuss a revised General Comment on article 14 of the Covenant (right to a fair trial).
Report of Sudan
The third report of Sudan (CCPR/C/SDN/3) says, with regard to Southern Sudan, that citizens in the parts under the control of the Sudanese Government in Southern Sudan enjoy all rights and freedoms provided for in the Constitution and law, which parallel the rights contained in the Covenant. These rights include the right to self-determination and autonomy through a Coordination Council of Southern States and local councils of ministers, legislative councils and other local government channels. Gross violations of the Covenant appear in the parts under the control of the rebel movement in Southern Sudan. The continuation of the war in the south was a major impediment that hindered the State from providing essential services. Another hindrance was foreign intervention, in the form of an invasion by neighbouring countries and a substantial support of the rebel movement.
With regard to female circumcision, the report says that women in Sudan continue to suffer from such harmful practices despite the granting to women of constitutional and legal rights. Female circumcision is widespread in the entire region of the Horn of Africa and some West African States for historical and traditional reasons. Given the grave bodily and psychological damage resulting from it, the State and women’s organizations are making formidable efforts to eradicate it. It is now constantly diminishing. In addition to its being legally forbidden in Sudan, the national campaign against it is essentially based on spreading education and awareness about its bad effects. In 2004, the Government of Sudan, through its Sudanese Medical Council, issued a decision preventing physicians in Sudan from practising circumcisions. On the religious side, the Islamic Religious Verdict Council gave a religious opinion banning pharaonic circumcision, which represents the worst form of female circumcision.
Presentation of Report
IBRAHIM MARGANI IBRAHIM MOHAMED KHEIR, Permanent Representative of Sudan to the United Nations Office at Geneva, in introductory remarks, said that he appreciated the efforts and the dedication of the Committee and that Sudan had benefited a good deal from the discussions that had arisen in the context of previous reports it had submitted. The Committee would find this time a very balanced report.
Regarding the Committee's questions on statistics, Mr. Mohamed Kheir said that – in addition to the theoretical answers one could get from the different institutes and government bodies – going out into the field was very essential to understanding the situation in Sudan. In the report, they had done their best to deliver answers that showed what is going on on the ground in Sudan.
Mr. Mohamed Kheir also underscored that Sudan had done much since the previous report was considered in 1997, and that the current situation was completely different from what it had been back then. Higher education, ceasefires and a free press were all new things that the Sudanese were now enjoying. The Government was no longer financing government press, and there were now no fewer than six private TV stations in the country, in addition to the official one. Those changes represented a revolution in the area of civil and political rights.
That did not mean that Sudan was perfect and, in particular, it should be noted that the situation was completely different in Southern Sudan. However, the current Darfur Peace Agreement, and the collaboration of the Government with the United Nations Security Council and the African Union, represented a milestone towards improving the situation in Darfur. Mr. Mohamed Kheir felt optimistic that things were moving in the right direction.
ABDULDAIM ZAMRAWY, Undersecretary of the Ministry of Justice of Sudan, introducing the report, noted that the report had been prepared before the signing of the Darfur Peace Agreement, and thus they would try to take into account the important changes that took place since then in their answers. With the Transitional Constitution of 2005, Sudan had made a great step forward by replacing the old system and providing a fair distribution of authority and the continuation of the democratic system. Sudan had also launched preparations for renewing the provincial constitutions, as well as the federal one.
To see the results of the new Constitution, one should focus on practical implementation and the reality on the ground; but there were still some defects in certain laws. Mr. Zamrawy noted that the report also confirmed that nobody was above the law in Sudan, and that nobody could hide from it in any part of the country.
Mr. Zamrawy said that the problem in Darfur would also be addressed in the delegation's answers. The Sudanese Government was carrying out its duty to protect civilians in Darfur, and was also fighting violence against women in that region. The last step forward to normalize the situation had been the agreement of the deployment of a Joint Peace Force in Darfur.
Right of Persons to Self-Determination
Responding to the Committee's written list of issues, the delegation said, with regard to the measures taken to ensure that Sudanese legislation was compatible with the Covenant, that the Constitution of 2005 made it clear that international conventions ratified by Sudan were considered an integral part of it, and that any domestic law that conflicted with international conventions that Sudan had adopted would be deemed non-constitutional.
Regarding the legal status of the Southern Sudan Human Rights Commission, the delegation noted that there were three levels of government in Sudan: local, federal and that of the southern Sudan region. The Federal Constitution being above the Southern Sudan Constitution, it thus gave limits to the competence of the Government of Southern Sudan in those matters.
As to the legal provisions that applied to members of the government security forces or the police accused of criminal behaviour, when perpetrators were caught red-handed their immunity was instantly lifted. Further, the delegation cited several examples of cases of security and prison forces that had been brought to court and sentenced, showing that official immunity was not an absolute shield against law in Sudan.
Concerning action on complaints regarding crimes committed in Darfur, the delegation said that a number of members of the Popular Defence Forces, as well as governmental forces, had been brought before a special court, whose sentences had included both imprisonment and the death penalty. That court had also sentenced several persons accused of violence against women. Regular courts were also reviewing other normal cases, besides war crimes, like robbery, occurring in Darfur province.
As to the Presidential Decree declaring a general amnesty to the groups that had signed the Darfur Peace Agreement, the delegation confirmed that that amnesty applied to every force and individual that had taken part in the conflict, but that it did not include war crimes, as covered in international treaties.
In terms of Sudan’s cooperation with the International Criminal Court (ICC), it should be recalled that Sudan was neither a member nor a signatory to the ICC. Furthermore, the delegation stressed that the ICC did not respect the non-discrimination article of the Covenant, and the Committee should not venture into such political questions. The Sudanese Government had underscored that the ICC was not a competent authority, that it had no jurisdiction, and thus the ICC could not deal with the Darfur case, even if the Security Council transferred it to the ICC. Similarly, Sudan believed that the demands of the Attorney General of the ICC to accuse certain individuals had no legal basis, and that that procedure went against Sudan's right to use domestic law to deal with the situation, as enshrined in the Covenant. Sudan was committed to exercise its domestic law without any kind of discrimination and would use its traditional penal proceedings in the Darfur case.
On the implementation of the Comprehensive Peace Agreement, the delegation answered that Sudan had approved the self-determination of the South, and that it had not proceeded because it had been pressured to do so, but because of the Government's understanding that the time had come for it. The final decision would rest with the citizens.
Equality Between the Sexes; Non-Discrimination
On the issue of gender discrimination, the delegation said that the Government had issued a decree stating that husband and wife now shared ownership of land and that land registration now included the name of the wife. The decree also mentioned that land could not be sold without the consent of the wife.
On the question of women’s representation in public offices, the delegation answered that Sudan ensured that women enjoyed equal rights with regard to work opportunities and pay, and that it was also combating harmful practices towards women and providing healthcare for children and pregnant women.
Right to Life and Prohibition of Torture
With respect to the death penalty, the delegation said that crimes of provoking a war against the State, spying against the homeland, premeditated murder, inciting minors to suicide, adultery, unnatural sexual relations, rape, honour crimes, and treason by civil servants, were all subject to the death penalty, which was carried out by hanging.
On Sudan’s plan to combat violence against women in Darfur, the delegation noted that the three states in the Darfur region had all seen a rise in such cases, and that a plan had been adopted by the Government to understand the details and causes of the problems. Three commissions had been created in partnership with international non-governmental organizations and several United Nations and human rights observers. One of their mandates was to receive the appeals of victims and to refer them to the competent authorities. The plan covered not only Darfur, but also the whole of Sudan, thus covering all national cases of violence against women, including violence against children. A special police force to protect the Sudanese civilians in Darfur had been set up, with particular attention to crimes of violence against women. The commissions had also set up the rules to be followed in such cases, including healthcare procedures. In addition, publications would also be distributed to the public on those issues. Taken all together, those steps had led to a reduction of cases of violence against women since 2003.
With respect to the practice of female genital mutilation, there were a number of measures currently being implemented that contributed to combat such practices, the delegation said. With an increased awareness of the situation, the medical professional association had now published its decision to stop the practice of genital mutilation, and the Fatwah Council had also decided to ban the mutilation practice. The issue was also being covered in schools and medical training schools. As a result, the percentage of excision had fallen considerably, notably by 24 per cent in Khartoum. In criminal law, excision was seen as bodily harm and it was criminalized in the penal legislation. A number of measures would further be introduced to combat the practice.
On the allegations that militia in Darfur continued to perpetuate serious violations of the right to life and to physical and moral integrity with total impunity and with the active and/or tacit complicity of the Sudanese authorities, it would be good first to recall the historical context of the emergence of the Darfur conflict. That conflict had had its roots in disputes over local resources like water, and the United Nations Secretary-General had thus named it the first environmental conflict. A wide range of factions and militias had been involved in it, and serious violations had been perpetrated. Investigations by the Sudanese justice authorities of events committed during the height of the Darfur conflict, in 2003 and 2004, had been very complicated but some had been submitted to court. The fact that convicted persons had later appealed did not mean that there was complicity with the Sudanese Government. One had to understand that those cases had taken place in provinces that covered three times the area of France, and where there were no means of communications and very difficult transportation. To gather evidence and get witnesses to court in such conditions was thus an extremely difficult task and one subject to delays. But the Government had never given any impunity to anyone in those cases, the delegation underscored
As regards measures to put an end to torture and abuse carried out by members of the national security force, the delegation said that the Government had committed itself to draft new laws governing the police and armed forces, and acknowledged the need for clear guidelines.
Prohibition of Slavery and Forced Labour
With regard to the measures taken to put an end to the abduction of women and children, the delegation said that the phenomenon of abduction was an old practice between tribes, which it attributed to a lack of awareness and old customs. Because of the civil war, the number of abductions had increased. The delegation said that Sudan had established a committee in 1999, entrusted with the task of finding abducted people, returning them to their families, documenting the cases and eliminating that phenomenon. The Government had wanted to take legal measures against abductors, but the tribal chiefs had asked, rather, to have a dialogue between the parties and to use legal measures as a last resource. Thanks to that committee, thousands of cases of abductions had been dealt with and abducted persons had been able to return to their families.
Regarding measures taken to demobilize all children in the ranks of warring parties in the Sudan, the delegation underscored that the Sudanese army had no person less than 18 years old in its ranks. However, after the signing of the peace agreement in the South, that problem had arisen as new forces, which included children, had joined the Sudanese army. The war in Darfur had also seen the involvement of a lot of children who had been taken by force from refugee camps by warring factions. After the achievement of peace in the South, those problems had been addressed and the Government had taken surveys of the numbers of children involved and brought them back to their families. Workshops were also being implemented inside the military to raise awareness about the fact that such practices were a violation of human rights. But tribes still refused to address this problem, and continued fighting in the south of the Sudan was slowing the work of the Government in this matter.
Oral Questions by Committee Experts
Committee Experts then asked various questions and made comments on a number of topics, including whether the current Sudanese Constitution covered all parts of the Covenant and was really compatible with it in the light of some ongoing practices, like flagellation, that were sanctioned by Sudanese law; whether Sudan had the legal capacity to combat violations of women rights; whether measures to organize the self-determination referendum in Southern Sudan were sufficient for it to be accomplished on time; and whether there was a real and sufficient cultural and intellectual movement that could lead to a change in the situation of women in the country.
An Expert asked if there were any cases of army officers above the rank of captain that had had been prosecuted for the misbehaviour of their troops; what the process was for the Minister of Interior to wave immunity in particular cases; and how it was that Sudanese Army materiel had been found in places where attacks against civilians had been carried out.
One Expert also wondered about the legal and material capacities of the Sudanese judiciary to deal with cases of human rights violations in Darfur; what procedures were applied in the Darfur special court; and why was it that women had to go to court to obtain a divorce, whereas men did not.
Further questions were asked about whether the Government was dealing with the question of the role of militias in Darfur that continued to perpetuate serious violations to the right to life; what had been the results of investigations into whether there had been any direct or indirect support of the Government forces to the militias; what was being done to disarm the militias and why it was going so slowly; how the Government intended to deal with the fact that no form of immunity could be compatible with allegations of torture; and why the penalties imposed by Shariah law were very light in some serious cases.
Experts also commented on the fact that Sudan was still the country with the worst record regarding the practice of female genital mutilation, even though it was making efforts on this matter. An Expert also underscored that as long as the Government could detain people up to nine months in pre-trial detention, it was a free ticket for prison officers to torture.
Response by Delegation to Oral Questions
The delegation, in response to the questions raised, said that the current Sudanese Constitution was an interim instrument until the planned referendum of self-determination of the South took place. That referendum would see in the end a unified Sudan or the creation of separate States. Sudan was taking the referendum very seriously.
On the compatibility of the Constitution with the Covenant, the delegation noted that certain provisions in the law should be improved, but that there was no inconsistency with the Covenant; flagellation and whipping were legal punishments and the Covenant did allow them as they were not inhuman or degrading and were carried out within the framework of the law.
With regard to the inquiry carried out by the Government on the matter of human rights violations in Darfur, the steps that had been taken up until now had been done with a serious approach. Legal provisions were applicable throughout Darfur thanks to special tribunals and committees present there. The delegation did not think that the Government had a lack of material or resources to carry out justice. As to a lack of security for witnesses, the fact that a considerable number of people had been indicted with the help of witnesses' testimony would indicate that this was not an issue.
The delegation underscored that Sudan was the first country that had ever been asked to carry out trials while a war was still being carried on. That was a difficult situation. Demobilization of children soldiers was also a difficult task as many warring factions hid in inaccessible areas. A solid ceasefire and peace would be necessary to carry out the work of justice.
As to Sudan's willingness to change the situation of women, while the situation in Sudan might not be the best in the world on this issue, there was an intellectual movement in the country that was changing the situation, the delegation said. Steps had been taken to give women the ability to open up bank accounts, to have a broader participation and representation of women in political processes, and a current trend had been noted of women starting studies and making careers as professionals – doctors, lawyers, etc.
On the lack of confidence women had towards members of the police force, the delegation said that the Government was looking to solve that problem with the help of international organizations, which should act as a bridge.
Regarding indictment of higher ranking officers, the delegation stated that those people, too, as well as State officials, would be subject to inquiries if it was found that abuses were taking place. But, in general, it was the persons in the field who were the ones carrying out violations.
Further Oral Questions Posed by Experts
In further comments and questions, an Expert underscored that flogging was a violation of Article 7 of the Covenant. Also, Sudan was not the only country that had had to hold trials during war time – indeed, that was part of the Geneva Declaration. Experts also asked for an estimate of actual abductions; who was accountable to whom in the armed, security and border forces, in light of there complexity and number; and whether a defendant in a case of rape could later be accused of adultery if the court dismissed the rape case.
Response by Delegation
On the question regarding rape and adultery, the delegation said those were two distinct things. A defendant in a rape case could not be accused of adultery. As for the cases of abductions, while there were a number of figures from various sources, the numbers the Government had given were the most accurate estimates.
Further Responses by Delegation to Written Questions
Security of the Person and the Right Not to be Subjected to Arbitrary Detention
As to the abuses committed by national security agents during arrests and detention and the immunity they enjoyed, the delegation said that arrests by security forces were subject to control and prosecution according to the law and a complaints judge had been named by the judicial court to look into conditions of arrests. Furthermore, there were no secret places of detention and all prisons were subject to the same authorities.
The delegation added that a person could not be held in detention without a judicial order for more than three days. Each arrested person had to be dealt with dignity and told the reason of their arrest, had the right to legal representation, to obtain medical assistance and had the possibility to contact their relatives. Also, any member of the security forces and even any member of the government that was abusing their authority – including the President himself – could be punished by imprisonment and their immunity would be removed as soon as any accusations were proven.
Right to Liberty of Movement
No restrictions on the free movement of people throughout the whole country were imposed, even during wartime, the delegation said. Population displacements had occurred because of the war and attacks on villages by militias. Efforts of humanitarian agencies to access displaced persons had been hampered by minefields and by attacks on aid convoys and aid personnel by militias. The Government also had decided to shift the camps for displaced persons to better areas were new shelters were built.
Right to a Fair Trial
Commenting on reports that said that fair trial guarantees were not respected and confessions extracted as a result of torture, the delegation said that all basic principles of a fair trial were respected in Sudan. Most of the court trials were public, and everyone enjoyed the right of a fair trial. Thus allegations of torture would be stemming from a lack of understanding of the Articles of the Covenant. Nobody could be punished outside the law; and everyone appearing before court had the right to defence and the right to appeal. Furthermore, the judiciary system was independent from the executive and legislative branches of Government.
Freedom of Conscience and Religion
On the question of the scope of application of Shariah law, it was the main source of legislation in the north of Sudan. The delegation believed Shariah law was in keeping with the articles of the Covenant.
Regarding religious extremism, the delegation stated that the new Constitution did not state that Sudan was an Islamic country; there were thus no provisions naming any religion over another. Christianity was being taught in schools as part of the curriculum. Non-Muslims also had the right to open schools where Islamic religion and Arabic did not have to be taught.
Freedom of Expression, Assembly and Association
As to reports of arrests of journalists for publishing articles critical of government authorities, the delegation stated that journalists were allowed to criticize the Government and that it was not considered as a crime. Complaints could be made to a committee, and security forces did not have the right to close down a newspaper.
Concerning reports of violently dispersed demonstrations, the delegation stressed that the right to demonstrate was guaranteed, but permits had to be obtained for it. In case of a demonstration turning violent and threatening public order, police had the right to disperse people. As regards of the use of force, it should be proportional and should never lead to death.
Regarding the compatibility of the control and dissolution of political parties with the Covenant, the delegation said that that had been allowed by an old law that formed part of the old interim constitution. That law had now been removed and thus was no longer in force.
On the petition filed by non-governmental organizations (NGOs) contesting the constitutionality of the new act regulating voluntary work, the delegation explained that there had been a debate with an NGO about the obligation to provide information on the source of funding of the NGO, as requested by a law to combat terrorism. The NGO had apparently felt that this was a going against their privacy.
Principle of Non-Discrimination and Protection of Minorities
Regarding the demographic situation in the country, the delegation said that the constitution stated that Sudan is a sovereign and independent country, multicultural, multi-ethnic and composed of many religions. Citizens enjoyed freedom of religion and freedom too choose their language. That diversity was considered as a source of strength.
Dissemination of the Covenant
Regarding the training on the Covenant given to state agents and dissemination of its provisions, the delegation said that it was carrying out workshops and seminars in order to spread awareness about the Covenant
Concluding their answers to the written questions, the delegation thanked the Committee for the very constructive session and promised its full cooperation with the Committee in all areas. There were difficulties affecting Sudan's the implementation of the articles of the Covenant. Peace, human rights and economic development were interdependent. While the country’s gross domestic product was good for a least developed country, the Government needed the support of the international community. It was also a very difficult task to protect human rights in a country where over 1 million small arms were in circulation.
Further Oral Questions Posed by Experts
Committee experts then asked further questions, including whether there was a freedom of press or a control on it, as there were rumours that journalists were still under pressure and information showed that some journalists had been subjected to arrests and security forces had blocked a newspaper; regarding the right of peaceful demonstrations, whether human rights activists were being persecuted in the country; whether there was a law allowing a non-governmental organization to file a complaint if its registration was denied; and how were people educated on the rights of the Covenant so that it was available for the man in the street.
Further questions were asked on why people had not been protected against internal displacement; what was the present State policy regarding the resettlements or return of displaced persons; how could a judiciary that was accountable to the President be considered independent; how Sudan would help to fill the registration gaps in light of the coming referendum; and what was being done to address that situation of young people, who appeared to be required to take part in the popular defence forces if they wished to stay in school, and what recourse did they have to not undergo the religious training it provided, when that was incompatible with their own faith.
Another Expert noted that the practice of immunity of police services was not common throughout most countries, as the delegation appeared to suggest, but was actually very rare. A notable case was in the apartheid regime in South Africa. It was also worth noting that such immunities were not often waved when the people were doing what they had been told to do.
Response by Delegation
Responding, the delegation said that there was no censorship of the press in Sudan; non-governmental organizations had the right to appeal decisions; and dissolution of political parties was taking place only when there were specific facts of use of non-democratic means or violence. Also, there was no restriction of religious political parties as long as they observed all the principles and laws.
On the issue of internally displaced persons, the delegation said that they would return to their own homes, and that the Government did not allow the occupation of the properties of displaced persons.
The delegation said that it would provide written answers to the remaining questions as there was no time left to answer them all.
Preliminary Concluding Observations
RAFAEL RIVAS POSADA, Chairperson of the Committee, in preliminary concluding observations, thanked the delegation for the very fruitful exchange and the very full information they had given. It showed Sudan's will to comply with the Covenant.
Areas of concern were particularly the ongoing internal war that had produced so much suffering and which had produced so many potential violations of human rights, Mr. Rivas Posada said. Obviously the peace agreement still had to take root.
Progress was still needed in addressing issues of impunity, the protection of women and children, and to establish an age for criminal responsibility that corresponded to international standards, Mr. Rivas Posada underscored.
Finally, Mr. Rivas Posada noted that many aspects were linked to the necessary work of repairing the wounds of a long lasting domestic conflict. The human rights treaty bodies would continue their commitment to help Sudan to overcome the enormous problems that that country still faced.
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