UNITED NATIONS COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION EXAMINES SITUATION IN SUDAN

AFTERNOON

HR/CERD/99/27
17 March 1999



Committee Adopts Concluding Observations on Report of Republic of Korea


Sudan this afternoon presented a report to the Committee on the Elimination of Racial Discrimination on how it was abiding by the terms of the International Convention on the Elimination of All Forms of Racial Discrimination.

Abuel Gasim A. Idris, Deputy Permanent Representative of Sudan to the United Nations Office at Geneva, said that although Sudan, unfortunately, had witnessed an internal armed conflict between rebels from the south and Government forces since 1955, relations between the races in the country continued to be harmonious in general. Ibrahim Mirghani Ibrahim, the Permanent Representative of Sudan to the United Nations Office at Geneva, also answered questions raised by Committee experts.

Gay McDougall, the Committee expert who served as country rapporteur on the situation in Sudan, emphasized that both the Sudanese Government forces and armed rebel groups under the Sudanese People's Liberation Army (SPLA) had participated in grave humanitarian law violations during the long conflict.

The final, written observations and recommendations on the situation in Sudan will be issued before the end of the Committee’s session, which concludes on 19 March.

Also participating in the discussion were Committee experts Mahmoud Aboul-Nasr, Shanti Sadiq Ali, Régis de Gouttes, Theodor van Boven, and Ivan Garvalov.

As one of the 153 States parties to the Convention, Sudan is obliged to submit additional information if requested to do so under the Committee's early warning measures and urgent action procedures, besides presenting periodic reports.

Also this afternoon, the Committee adopted its concluding observations on the report of the Republic of Korea. It recommended that further measures be taken to ensure that persons of foreign origin who were born or had settled in the Republic of Korea were not subjected to discrimination based on ethnic origin.

When the Committee reconvenes at 10 a.m. on Thursday, 18 March, it will continue to deliberate on remaining subjects of its session.

Statement by Delegation of Sudan

ABUEL GASIM A. IDRIS, Deputy Permanent Representative of Sudan to the United Nations Office at Geneva, said that the semi-continent Sudan encompassed approximately 572 tribes, with different languages and dialects and diverse ethnic backgrounds. Those tribes shared a common destiny, co-existed peacefully in general, and had established over the years local mechanisms for settlement of disputes.

Although Sudan, unfortunately, had witnessed an internal armed conflict between rebels from the south and Government forces since 1955, race relations continued to be harmonious in general, Mr. Idris went on to state. Although geographical proximity could have dictated that they sought refuge in neighbouring countries, most of those who fled the scourge of the armed conflict in the south sought sanctuary in the north. This was testimony to the fact that the causes of the conflict were not ethnic, racial or religious in character.

Mr. Idris recalled that a political charter had been signed in April 1996 stipulating a resolution of the conflict through peaceful and political means and the right to self-determination for the people of the south through a referendum. In addition, the charter aimed at implementing a federal system, recognition of cultural diversity, freedom of religion and belief, equitable power and national wealth sharing. The subsequent peace agreement had confirmed the general principles contained in the political charter including a special status for the south during a four-year interim period to end in a referendum for self-determination.

Mr. Idris stressed that the Government had continued to seek a political solution for the conflict and to mitigate the negative impact of the war on the civilian population. In that regard, the Government persistently called for a comprehensive and indefinite cease-fire in the south for humanitarian reasons, and urged that a solution be found to the conflict through the negotiating table. The Sudanese authorities strongly believed and continued advocating the establishment of permanent peace as the only viable solution to the suffering of civilians.

Concerning allegations of slavery, the Sudanese official said that his Government had found those allegations very disturbing and had taken them very seriously. In 1996, a committee to investigate the allegations of involuntary disappearances and other forms of slavery was established by the Advisory Council of Human Rights of Sudan. The committee had since carried out investigations which did not reveal any credible evidence to the allegations. The Government had already extended an invitation to the Working Group on Contemporary Forms of Slavery to visit the country to investigate these allegations. In addition, the Government of Sudan had expressed indignation at the action of trading in people by certain non-governmental organizations, a matter that was condemned by many including the United Nations Children's Fund (UNICEF).

GAY MCDOUGALL, the Committee expert who served as country rapporteur on the situation in Sudan, emphasized that both the Sudanese Government forces and armed rebel groups under the Sudanese People's Liberation Army (SPLA) had participated in grave humanitarian law violations during the long conflict. Indeed, numerous reports had emerged in the past year alone indicating that both parties to the conflict should be held responsible for attacks on the civilian population, torture, disappearances, summary executions and the diversion of badly needed relief supplies.

Ms. McDougall said that credible reports had suggested that the Government of Sudan had been responsible of forcibly recruiting child soldiers and that the Government-supported militias had regularly enslaved women and children captured in the conflict. Despite the cease-fire in the south and the promise of upcoming peace negotiations, the Committee should express extreme concern over ongoing human rights and humanitarian law violations in the south of the country, she said.

Ms. McDougall asked the delegation for clarification of the reported exemption of the 10 southern states from Islamic law or Shari'a-based aspects of the criminal law, including a clarification of whether the exemption would allow for the future application of Shari'a in those states at the decision of state assemblies in the south. Further, despite any formal exemption, there appeared to be significant fear in the south that Shari'a was in fact already being applied and that in those regions where Shari'a had not been applied, it would be in the near future. Those perceptions appeared to have played a significant role in fuelling the ongoing civil conflict, she said.

Other Committee experts also took the floor to express their concerns about the human rights situation in Sudan. An expert said that there was socio-economic disparity between the south and north. Over 4.5 million Sudanese were internally displaced as a result of the war.

Referring to the statement of the country rapporteur, an expert observed that her reference to Islam seemed to be questioning the religion itself and the application of Shari'a. Many countries had applied Shari'a in their legal systems and they were proud of it. The reference to Shari'a as a crime was unacceptable, said that expert.

In response to questions raised by Committee experts, the delegation said that the Government of Sudan respected the principles of human rights and continued to bide by international human rights conventions and covenants. The Government was however faced with civil conflict which affected the country as a whole. In order to resolve the problem, the Government was courageous enough to introduce self-determination by creating 26 states with their own executive and legislative bodies.

The Sudanese Government officials said that the process of the peace agreement would continue and a meeting was scheduled to be held in Nairobi in April under the auspices of the Inter-Governmental Agency for Development (IGAD).

The Government of Sudan had undertaken political measures by allowing the establishment of political parties and at present there were 46 political parties operating with freedom, said the delegation. The number of independent newspapers had also flourished since last January in response to the political liberalization of the regime. Many of the newspapers were already critical of governmental actions. At present, there were no political prisoners in Sudan, said the delegation.

On economic development, the delegation said that from next July, Sudan would be self-sufficient concerning petroleum and would also start exporting oil through its sea port, thanks to the technical participation of China, Malaysia, Germany, the United Kingdom and Argentina.

With regard to the issue of slavery, the delegation said that as in any other African countries, there was a form of abduction between tribal groups. In addition, the delegation said that the allegations that children were recruited to serve in the army was unfounded.

GAY MCDOUGALL, who served as country rapporteur to the situation in Sudan, hoped that the cease-fire would hold and peace would prevail so that the Sudanese people could live happily.

Concluding Observations on Republic of Korea's Report

The Committee found the commitment by the Republic of Korea to adopt a Human Rights Act and establish a national human rights institution before the end of the year to be a positive measure. The legislative measures taken by the Government to prevent and combat racial discrimination were also welcomed by the Committee.

The Committee, however, was concerned that neither the Constitution nor any law of the country explicitly prohibited discrimination on the basis of race, colour, descent, or national or ethnic origin, and that no law explicitly penalized acts of racial discrimination or prohibited organizations which promoted and incited racial discrimination. It was also concerned that due to the vulnerable status of irregular foreigners who lived and worked in the country, they were usually under difficult and precarious conditions and were victims of discrimination.

Among its recommendations, the Committee suggested that the Government take further measures against discrimination of foreign workers in their workplace. It recommended that the State party take all appropriate legislative measures to ensure that articles 2 and 4 of the Convention were fully reflected in domestic law. In addition, the Committee recommended that further measures be taken to ensure that persons of foreign origin who were born or had settled in the Republic were not subjected to discrimination based on ethnic origin.