33/65 Report of the Independent Expert on the situation of human rights in the Sudan
Document Type: Final Report
Date: 2016 Jul
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item10: Technical assistance and capacity-building
GE.16-13095(E)
Human Rights Council Thirty-third session
Agenda item 10
Technical assistance and capacity-building
Report of the Independent Expert on the situation of human rights in the Sudan
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Independent Expert on the situation of human rights in the Sudan, Aristide Nonosi,
prepared pursuant to Council resolution 30/22. The report provides an appraisal of the
human rights situation in the Sudan during the period from October 2015 to June 2016 and
focuses principally on the need to enhance the protection of human rights on the ground and
the implementation of the recommendations contained in the Independent Expert’s previous
report to the Council (A/HRC/30/60). In the present report, the Independent Expert outlines
the recent developments in the country and describes the technical assistance and capacity-
building needs of the Government, the national human rights institution and civil society
organizations and makes recommendations to the Government, the international community
and the armed movements in the Sudan with a view to strengthening capacity in the field of
human rights and improving the situation of human rights in the Sudan.
Report of the Independent Expert on the situation of human rights in the Sudan
Contents
Page
I. Introduction ...................................................................................................................................... 3
II. Methodology and engagement ......................................................................................................... 3
III. Recent developments........................................................................................................................ 4
IV. Main human rights challenges .......................................................................................................... 5
A. Human rights violations committed during the demonstrations of September 2013 ............... 6
B. Press censorship ....................................................................................................................... 6
C. Harassment of human rights defenders and curtailment of activities
of civil society organizations ................................................................................................... 6
D. Restrictions on freedom of religion ......................................................................................... 7
E. Situation of student activists in Khartoum ............................................................................... 8
F. Human rights violations and abuses in conflict-affected areas ................................................ 9
V. Assessment of the current human rights situation ........................................................................... 12
VI. Technical assistance and capacity-building ...................................................................................... 13
VII. Conclusion and recommendations .................................................................................................... 13
A. Government of the Sudan ........................................................................................................ 14
B. International community .......................................................................................................... 14
C. Armed opposition movements ................................................................................................ 15
I. Introduction
1. In its resolution 30/22, the Human Rights Council renewed the mandate of the
Independent Expert on the situation of human rights in the Sudan for a period of one year
and requested him to continue his engagement with the Government of the Sudan to assess,
verify and report on the situation of human rights with a view to making recommendations
on technical assistance and capacity-building for addressing human rights in the country.
The Council also requested the Independent Expert to report to the Council at its thirty-
third session.
2. The present report covers the period from October 2015 to June 2016. In it, the
Independent Expert provides an appraisal of the human rights situation in the Sudan during
the reporting period, focusing principally on the need to enhance the protection of human
rights on the ground and the implementation of the recommendations contained in his
previous report to the Council (A/HRC/30/60).
3. The report is based on information made available to the Independent Expert during
his visit to the Sudan as well as on information provided by the Government of the Sudan,
the African Union-United Nations Hybrid Operation in Darfur (UNAMID) and other
sources, including civil society organizations, United Nations agencies, funds and
programmes with operational competence in the Sudan, as well as the donor community.
4. The Independent Expert expresses his gratitude to the Government of the Sudan for
its invitation and cooperation with the mandate he represents. He emphasizes that he was
allowed access to all places and institutions that he expressed an interest in visiting and to
all officials with whom he expressed the wish to meet.
5. The Independent Expert also thanks the office of the United Nations Resident and
Humanitarian Coordinator in Khartoum, UNAMID, the United Nations Development
Programme, other United Nations agencies and international relief organizations operating
in the Sudan, members of the diplomatic community, civil society organizations and all
other groups and individuals who provided assistance and shared information with him.
II. Methodology and engagement
6. The Independent Expert undertook one visit to the Sudan during the reporting
period, from 14 to 28 April 2016. He visited Khartoum, Kadugli in Southern Kordofan
State, El-Fasher and Thabit in Northern Darfur State, El-Daein in Eastern Darfur State and
El-Gezira State. He met with senior government officials, the United Nations Resident and
Humanitarian Coordinator, representatives of United Nations and international relief
agencies, members of the diplomatic community, civil society organizations, leaders of
opposition political parties, academia, community leaders, human rights defenders,
professional groups and various interlocutors, and received reliable information about the
general situation of human rights in the Sudan.
7. In Khartoum, the Independent Expert held wide-ranging discussions with senior
government officials, including the State Minister for Foreign Affairs, the State Minister for
Justice, the State Minister for Finances, the Chief Justice and representatives of the
judiciary, parliamentarians and various specialized units of different ministries. He was
apprised of the situation of human rights in the country by the Rapporteur and members of
the Advisory Council for Human Rights and was encouraged by their response to some of
the issues he raised. He had frank and constructive discussions with the Director in charge
of training and capacity-building of the National Intelligence and Security Service and
interacted with the Chair and members of the National Commission for Human Rights, the
Commissioner of the Humanitarian Aid Commission and his team, members of the
Khartoum Bar Association, the Chair and members of the Union of Sudanese Journalists,
the Sudanese Independent Journalists Network and the Chancellor and senior professors of
the University of Khartoum, who shared with him their views on the situation of human
rights in the Sudan. The Independent Expert also attended a forum on the impact of
unilateral coercive measures on the enjoyment of human rights and met with
representatives of civil society organizations, human rights defenders and victims of human
rights violations, some of whom shared their personal experiences with him. He also met
with members of the diplomatic community, including the African Union and the African
Development Bank, and representatives of opposition political parties, from whom he
received valuable information on the human rights situation in the country. He also visited
the Omdurman prisons for men and women, where he was briefed on detention conditions.
8. In Northern Darfur, the Independent Expert met with the Executive Chair of the
Darfur Regional Authority, the Deputy Governor of Northern Darfur State, the Special
Prosecutor for Crimes in Darfur, the head of the Humanitarian Aid Commission in
Northern Darfur and his team, the representative of the National Commission for Human
Rights and officials of UNAMID and United Nations agencies in Northern Darfur. He also
visited the Zam Zam camp for internally displaced persons, where he received information
on living conditions of the residents, and the model village in Thabit.
9. In Eastern Darfur, the Independent Expert held meetings with the Governor of
Eastern Darfur State and his team, as well as with officials of UNAMID and representatives
of civil society organizations. He also visited the Khor Omer camp, which hosts South
Sudanese refugees.
10. In Southern Kordofan, the Independent Expert met with state authorities, including
the Governor of Southern Kordofan State and his team, parliamentarians, judicial
authorities and community leaders. The Independent Expert also visited El-Gezira State,
where he was briefed on the impact of unilateral coercive measures on the agricultural and
health sectors in the region.
11. Lastly, during a mission to France in June 2016, the Independent Expert met with
representatives of armed opposition movements, including the Justice and Equality
Movement, the Sudan Liberation Army-Minni Minawi and the Sudan Liberation
Movement-Abdul Wahid, who shared their views about the peace process and the situation
of human rights in Darfur.
III. Recent developments
12. The national dialogue continued to be the main political development in the Sudan
during the reporting period. The internal national dialogue conference was inaugurated by
President Al-Bashir on 10 October 2015, amid a boycott from a large segment of the main
opposition parties, including the National Umma Party, the Communist Party of the Sudan
and the Reform Now Party, as well as the major Sudanese armed movements, including the
Justice and Equality Movement, Sudan Liberation Army-Minni Minawi and Sudan
Liberation Movement-Abdul Wahid.
13. During the Independent Expert’s mission to the Sudan in April 2016, senior
government officials stressed that the national dialogue would be effectively pursued by the
Government as a means of improving the political, social and human rights situation in the
country. The six subcommittees of the national dialogue conference completed their
debates and submitted their recommendations on 28 February 2016. Participants reached
consensus on several issues, including Sudanese identity and guidelines for the transitional
review process. Nonetheless, the opposition group was of the view that a meaningful
national dialogue still needed to take place, subject to necessary assurances that the
Government would allow an enabling environment, free of intimidation, arbitrary arrests
and detention.
14. The Independent Expert calls upon the Government to create a conducive
environment for a free and fair national dialogue and to ensure the active participation of all
stakeholders with a view to advancing peace and reconciliation in the Sudan.
15. On 14 January 2016, the Government of the Sudan launched a major military
operation against the Sudan Liberation Movement-Abdul Wahid positions in the Jebel
Marra area of Darfur, accusing the rebel movement of looting and attacking civilians and
military and commercial convoys in the area. The Independent Expert was concerned by
the impact of the conflict on civilians in the light of allegations of human rights violations
and serious violations of international humanitarian law. He noted that there were at least
20,000 civilians who remained temporarily sheltered outside the UNAMID team site in the
Sortoni area of Northern Darfur State. He calls upon the authorities of the Sudan, who bear
the primary responsibility for the protection of human rights in Darfur, and all other parties
to the conflict to respect the rights of the civilian population, including by taking proactive
measures to deter attacks against civilians.
16. On a positive note, the Independent Expert commended the efforts being made by
UNAMID, the African Union, the Government of Qatar and other partners to promote
political dialogue between the Government of the Sudan and armed opposition movements
under the framework of the Doha Document for Peace in Darfur. He welcomed the signing
by the Government of the Sudan in Addis Ababa in March 2016 of the road map agreement
aimed at ending the conflicts in Darfur, Southern Kordofan and Blue Nile. He urges the
armed movements to put the interests of the people of Sudan first and to sign the road map
agreement in order to bring peace and stability to the Sudan.
17. The Independent Expert welcomed the establishment of a sub-office of the National
Human Rights Commission in Darfur in February 2016 as a positive step towards
enhancing the capacity of the national human rights institution to undertake human rights
monitoring and reporting in the Darfur region. He calls upon the Government of the Sudan
to provide the support necessary to the National Human Rights Commission to expand its
presence and activities in the other four Darfur States.
18. From 11 to 13 April 2016, a referendum was conducted to determine the
administrative status of Darfur. The choice was between the current system of five states or
one Darfur regional administration. On 14 April, the Darfur Referendum Commission
announced that 97.27 percent of the voters had opted for Darfur to remain in its current
administrative configuration of five states. Observers from the African Union and the
League of Arab States monitored the conduct of the referendum.
IV. Main human rights challenges
19. While the Independent Expert acknowledged the Government’s commitment and
openness to a constructive dialogue during his visit, he was concerned about the subsisting
human rights challenges raised in his previous report that the Government had still not
addressed. These included the violations committed during the oil-subsidy demonstrations
in September 2013, press censorship, harassment of human rights defenders and curtailment
of activities of civil society organizations, restrictions on freedom of religion, as well as
arrests and detention of student activists.
A. Human rights violations committed during the demonstrations
of September 2013
20. As a follow-up to his last visit and report, the Independent Expert raised the issue of
the victims and families of victims of the oil-subsidy demonstrations of September 2013
with the Sudanese authorities. The Independent Expert recalled that there had been
demonstrations in relation to the withdrawal of the oil subsidy across Khartoum State in
September 2013, which had resulted in fatal shootings, injuries and destruction of property
and had led to the arrest and detention of many demonstrators. The international
community had called for a thorough investigation of the human rights violations that had
been committed during the demonstrations.
21. The Independent Expert was informed about the ongoing compensation process for
victims and families of victims of these incidents by the Government of the Sudan.
Nonetheless, he encouraged the authorities to ensure that an independent judicial inquiry
was conducted into the killings and various other human rights violations and to bring those
responsible for these incidents to justice. Impunity for human rights violations would send
the wrong message to victims, perpetrators and the wider public and would undermine the
rule of law.
B. Press censorship
22. Since October 2015, there had been several clampdowns on press and media
freedoms, including the censorship and temporary closure of newspapers in the Sudan. In
this regard, on 12 October 2015, Manal Abdul-Allah, a journalist at Al-Siyasi newspaper,
was summoned and interrogated by security officers in relation to an article regarding the
possible presence of Islamic State in Iraq and the Levant in the Sudan. Al-Tayar and Al-
Sayha newspapers were seized by security officers on 13 December 2015, before being shut
down on 14 December 2015.
23. On 1 March 2016, the National Intelligence and Security Service summoned and
interrogated Rokaya al-Zaki, a journalist at Al-Ray Al-Aam newspaper, after the publication
of an article on financial corruption relating to the Workers’ Union. During the second
week of May 2016, the National Intelligence and Security Service confiscated the
independent daily newspaper Al-Gareeda for unknown reasons. Printed copies of the
newspaper were seized by security service officers on 9, 10, 12 and 13 May 2016. In
addition, journalists reported that they had been interrogated and harassed by the police and
security service officers.
24. The Independent Expert raised this issue in his discussions with government
officials as a legitimate concern to which the Government needed to pay attention. In this
regard, he welcomes the 1 May 2016 decision of the Constitutional Court that allowed Al-
Tayar newspaper to resume its activities. He calls upon the Government to create an
environment conducive to a free and independent press.
C. Harassment of human rights defenders and curtailment of activities
of civil society organizations
25. During the reporting period, the Government continued to clamp down on the
activities of civil society organizations.
26. On 29 February 2016, the National Intelligence and Security Service raided the
Khartoum Centre for Training and Human Development, a civil society organization, and
confiscated nine mobile phones, five laptops, as well as publications, flip charts and other
office documents. Following the raid, passports of human rights defenders who were
members of the Centre were confiscated.
27. Between 3 and 13 March 2016, human rights defenders and activists associated with
the Centre were summoned to the office of the National Intelligence and Security Service in
Khartoum, where they were interrogated. All the individuals summoned were questioned
about the activities of the organization and their relationship with the Al-Khatim Adlan
Centre for Enlightenment and Human Development, an organization that was forcibly shut
down by the Government in 2012. Subsequent to the raid, the Director and another human
rights defender were summoned and charged with criminal offences.
28. In addition, in March 2016, four representatives of Sudanese civil society1 were
intercepted by security officials at the Khartoum International Airport on their way to
Geneva, where they were to participate in the pre-session meetings of the universal periodic
review of the Sudan. After checking in their luggage and presenting their passports at the
immigration desk, they were stopped and informed of travel bans in place against them.
Their passports were confiscated and they were told to report to the Information and
Inquiry Section at National Intelligence and Security Service headquarters for further
information. This effectively prevented them from travelling to Geneva and attending the
pre-session meetings of the review.
29. While the Independent Expert welcomed the decision of the Sudanese authorities to
return the passports to the human rights defenders, he expressed concern about the
allegations that the travel bans against Messrs. Elshowaya and Shaddad were in reprisal for
their cooperation with the United Nations, its representatives and mechanisms in the field
of human rights, including the universal periodic review.
30. The Independent Expert also expressed concern about the travel bans against
Messrs. Salih and Yousif, which appeared to be in retaliation for their human rights
activities and designed to curtail the legitimate exercise of their right to freedom of opinion
and expression.
31. In spite of the ongoing national dialogue, the Independent Expert noted a lack of
meaningful dialogue between the Government and civil society actors for the promotion
and protection of human rights in the Sudan. The Independent Expert emphasized that the
work of human rights defenders was vital and that measures to intimidate or harass them
because of their work, including their involvement with the universal periodic review
process, were of serious concern. He stressed the need for the Government to allow human
rights defenders to carry out their activities in an open, safe and secure environment.
D. Restrictions on freedom of religion
32. The Independent Expert received information about incidents of arrest and
restrictions on freedom of religion or belief in the Sudan. On 2 and 3 November 2015,
27 Sudanese nationals, including 3 minors, were arrested in Khartoum and charged with
apostasy. According to information received, the individuals, who were members of the
Hausa ethnic group, followed an interpretation of Islam that is at variance with the
dominant denomination supported by the Government of the Sudan.
1 These were Sawsan Hassan Elshowaya, Director of the Asmaa Society for Development, Muawia
Shaddad, President of Human Rights and Legal Aid Network, Faisal Mohamed Salih, journalist and
human rights defender, and Siddig Yousif, President of the Sudanese Solidarity Committee.
33. On 30 November 2015, the three minors, who were held in custody together with
adults, were released by the Khartoum Criminal Court on the condition that they pledged to
attend the trial. On 9 December, the Court released two of the individuals owing to
insufficient evidence. The remaining 22 adults were released on bail on 14 December 2015.
34. On 13 December 2015, Pastor Telahoon Nogosi Kassa Rata, leader of a Christian
student movement and head of the mission office of the Khartoum North Evangelical
Church, was arrested by the National Intelligence and Security Service. He was reportedly
questioned several times in relation to a Christian foreigner with whom he allegedly met in
Ethiopia and in the Sudan. On 18 December, the National Intelligence and Security Service
arrested two pastors of the Sudan Church of Christ, Pastor Kuwa Shamal, head of the
mission working group in his municipality and Pastor Hassan Abduraheem Kodi Taour.
Pastor Shamal was released on 21 December. However, according to information received,
Pastor Taour remained in custody and had been denied access to his family and a lawyer.
35. The Independent Expert raised these concerns with the relevant Sudanese
authorities, who informed him that two other pastors were also detained, bringing the total
to four pastors held by the National Intelligence and Security Service. The security officers
added that the cases had been transferred to the judicial authorities, who had charged the
pastors concerned with criminal offences.
36. At the time of writing the report, the Independent Expert had yet to receive
confirmation regarding the trial of the pastors. The Independent Expert calls upon the
Sudanese authorities to ensure that the right to a fair trial and due process was guaranteed to
the pastors concerned. He emphasized that the Government had an obligation to uphold the
right to freedom of religion and belief as guaranteed in the Constitution of the Sudan and in
article 18 of the International Covenant on Civil and Political Rights, to which the Sudan
was a party.
E. Situation of student activists in Khartoum
37. On 26 October 2015, nine Darfuri students who had participated in a peaceful sit-in
in Khartoum were arrested by the police and charged with participating in a riot, causing
disturbance of public peace and public nuisance. They were released on bail after three days
of detention. On 14 November 2015, eight students from the Holy Quran University in
Omdurman, including four Darfuri students, were arrested by the National Intelligence and
Security Service in Omdurman for participating in a peaceful sit-in at the Holy Quran
University on 25 and 26 October. The students were protesting against the university’s
decision to suspend the exemption from paying tuition fees for new Darfuri students. The
police and security officers dispersed the sit-in using tear gas and riot batons; some of the
protestors sustained injuries.
38. In another case, five student activists from the University of Khartoum were
detained without charge after being arrested by the National Intelligence and Security
Service on 13 April 2016 at Khartoum Dental Hospital. The students had accompanied an
injured friend to the hospital. During his visit to the Sudan in April 2016, the Independent
Expert raised the matter of the five students who remained in detention with the Sudanese
authorities. He was informed that the case had to be handed over to the relevant judicial
authorities for prosecution. He later noted and welcomed the decision of the Sudanese
authorities to release the students on 19 and 21 June 2016.
39. The National Intelligence and Security Service also arrested 27 students, including
5 female students, who were involved in protests at the University of Khartoum. The
students began protesting on 11 April, following reports that the Government was planning
to sell some of the university buildings, and continued until 14 April. The 27 students were
released without charge on 16 April 2016.
F. Human rights violations and abuses in conflict-affected areas
40. There was a significant upsurge in armed conflicts perpetrated by both State and
non-States actors during the reporting period. The ongoing conflict in the Jebel Marra area
of Darfur, the fighting in Southern Kordofan and Blue Nile States and intercommunal
clashes continued to result in serious violations of human rights and international
humanitarian law and large-scale displacement of civilians.
1. Darfur
41. During the reporting period, the security situation in Darfur was marked by an
escalation in fighting between government forces and the Sudan Liberation Movement-
Abdul Wahid. The Independent Expert was concerned by the detrimental effects of the
conflict on civilians in the light of allegations of human rights violations and serious
violations of international humanitarian law, including indiscriminate killings, destruction
and burning of villages, abduction of and sexual violence against women, as well as large-
scale displacement of civilians.
42. According to information received, during the first five months of 2016, around
80,000 people were reportedly newly displaced across Darfur. An additional 142,000
people were also reportedly displaced, but the United Nations had been unable to verify
these figures owing to lack of access to the affected areas. The vast majority of
displacements in 2016 had been triggered by the conflict in Jebel Marra, as well as
intercommunal clashes.
43. The human rights and humanitarian situation in Eastern Darfur remained a matter of
concern, with killings and displacement of civilians owing to intercommunal clashes. The
Independent Expert noted with concern that, during the reporting period, the size and scale
of intercommunal clashes over cattle rustling and control of natural resources in Eastern
Darfur had been unprecedented, as were the sophisticated firearms used by the combatants.
44. The Independent Expert is of the view that a sustainable solution to this problem
would involve proactive remedial measures to address impunity in the region and a well-
designed and peaceful civilian disarmament campaign. He calls upon the Government to
take pertinent measures to strengthen accountability for human rights violations and abuses
as well as violations of international humanitarian law in Eastern Darfur State and other
parts of Darfur.
45. He calls upon the authorities of the Sudan, who bear the primary responsibility for
the protection of human rights in Darfur, and all other parties to the conflict to respect the
rights of the civilian population.
(a) Situation of internally displaced persons
46. The Independent Expert visited the Zam Zam camp for internally displaced persons
in Northern Darfur, where residents expressed concern about the shortage of food and the
limitations with regard to opportunities to acquire skills to help improve life chances,
including income-generating activities for women. In addition, the security situation inside
and outside the camp remained a matter of concern owing to the presence of various armed
individuals and criminality in the region.
47. The Independent Expert expressed concern about nine incidents of rape of women
from the Zam Zam camp that occurred in April 2016. According to information received,
these incidents happened when the women were outside the camp engaged in livelihood
activities. The Independent Expert calls upon the Government and UNAMID to fulfil their
obligations in creating a safe and secure environment for the displaced communities,
including by expanding security patrols in and around farmlands, which are critical to
ensuring food security.
48. The Independent Expert received information about public statements made by the
Sudanese authorities in relation to the return of internally displaced persons and the closure
of camps in Darfur. In his interactions with internally displaced persons, he noted their
reluctance to agree to such a decision. They were of the view that security and justice were
not yet guaranteed in their areas of origin or elsewhere for them to begin a new life.
49. While it is the primary responsibility of the Sudanese authorities to establish
conditions and provide the means that would allow internally displaced persons to return
voluntarily to their homes or places of origin, the authorities should make every effort to
ensure the full participation of displaced persons in the planning and management of their
return or resettlement and reintegration.
50. The Independent Expert highlights that, in accordance with the Guiding Principles
on Internal Displacement, the rights, needs and interests of internally displaced persons
must be the primary consideration guiding all policies and decisions of the Sudanese
authorities relating to the closure of camps for internally displaced persons in Darfur.
(b) Challenges to rapid delivery of humanitarian assistance to people in need
51. Darfur reportedly host some 3.3 million people in need of humanitarian assistance,
of whom 1.6 million are in camps, according to the Office for the Coordination of
Humanitarian Affairs. Nonetheless, the Government continues to push for a reduced role of
the international humanitarian community in the country. Entry visas and renewal of
residency permits are frequently used to limit humanitarian action and, in some cases, as a
means of expelling humanitarian personnel. In addition, restrictions on movements and
denial of access and clearances continue to be imposed on humanitarian agencies by the
Sudanese authorities. The result has been a steady reduction in humanitarian operational
capacity in Darfur and other areas of the Sudan.
52. The Independent Expert calls upon the Government to allow humanitarian agencies
and UNAMID unfettered access for delivery of humanitarian assistance to civilians in need.
(c) Sexual and gender-based violence
53. Sexual and gender-based violence remained a serious concern in Darfur during the
reporting period in spite of the measures taken by the Government to address it. The
climate of impunity continued to create an environment conducive to the perpetration of
sexual violence. Many incidents of sexual violence were not reported owing to fear of
social stigma associated with rape, fear of reprisal and the victims’ lack of trust in the
justice system to effectively investigate and prosecute perpetrators.
54. Notwithstanding these challenges, the Government has taken a number of positive
steps to combat sexual and gender-based violence. In this regard, the Independent Expert
welcomes the appointment of a special prosecutor for violence against women in North
Darfur State. He hopes that this development will enhance the capacity of the judiciary to
address cases of violence against women. The Independent Expert was pleased to learn that
20 prosecutors had been deployed across the Darfur region during the reporting period as
part of efforts by the Sudanese authorities to improve access to justice. However, some of
them had to work from headquarters, owing to the lack of adequate resources and the
volatile security situation in the areas of their deployment. The Independent Expert calls
upon the Government of the Sudan to provide the newly deployed prosecutors with
adequate means to carry out their duties in an efficient manner.
(d) Situation of South Sudanese refugees in Eastern Darfur
55. According to information received, as of the beginning of June 2016, Sudan has
been hosting about 232,000 South Sudanese refugees. The majority of the newly arrived
sought refuge in Khor Omer camp near El-Daein in Eastern Darfur. Reports indicate that
there were 29,713 South Sudanese refugees in that camp as of 12 June 2016.
56. The Independent Expert welcomes the decision by the Sudanese authorities to
receive South Sudanese refugees in the country. Nonetheless, he remains concerned about
the precarious living conditions faced by the refugees. During his visit to the Khor Omer
camp in El-Daein, he noted the lack of appropriate shelters for the refugees and was briefed
on other challenges, including shortage of water, food and medicine and lack of space for
the construction of emergency shelters, installation of water points and latrines. The
provision of education and other services was still pending the relocation of the camp to a
new site.
57. The Independent Expert calls upon the Government of the Sudan and the
international community to provide the necessary humanitarian assistance to these refugees.
2. Southern Kordofan and Blue Nile
58. The resumption of ground hostilities between the Sudanese Armed Forces and the
Sudan People’s Liberation Movement-North in Southern Kordofan and Blue Nile, followed
by aerial bombardment by the government forces, shelling and attacks against civilians led
to a rapid deterioration of the security situation in the two areas since January 2016. These
attacks reportedly resulted in deaths and injuries to civilians and the destruction of homes,
crops, livestock and other civilian objects. According to reports received, the most affected
areas were Kurmuk County in Blue Nile and Heiban and Dalami Counties in Southern
Kordofan.
59. The Humanitarian Aid Commission in Blue Nile reported that about 476 families
(an estimated 2,380 people) had arrived in various locations in Damazine locality from
Kurmuk during April 2016. Reports also indicated that there were about 47,000 internally
displaced persons in need in government-controlled areas of Blue Nile. An additional
545,000 internally displaced persons were reported in the areas of South Kordofan and Blue
Nile that are controlled by the Sudan People’s Liberation Movement-North.
60. As the violence persisted, the humanitarian situation became even more disturbing,
with increased displacement and food insecurity. The fear of aerial bombardment forced
civilians, especially women and children, to flee their homes to safe locations which were
difficult to reach by humanitarian actors. The Independent Expert emphasizes the need for
the Government to respect the principle of proportionality and respect for other
humanitarian and human rights principles in its conduct of warfare with rebel forces in the
two areas.
61. In this regard, the Independent Expert welcomed the announcement by the
Government of the Sudan of a four-month unilateral cessation of hostilities as of 18 June
2016. He also welcomed the six-month unilateral ceasefire declared by the Sudanese
Revolutionary Front in South Kordofan and Blue Nile on 28 April 2016. Moreover, he
urges the armed movements to put the interests of the people of the Sudan first and to sign
the road map agreement in order to bring peace and stability to the country.
V. Assessment of the current human rights situation
62. During his visit to the Sudan, the Independent Expert requested the Government of
the Sudan to provide him with a report on the steps it had taken towards implementing the
recommendations made in his report of September 2015 (A/HRC/30/60). Although the
Government failed to produce such a report, the Independent Expert noted some positive
steps, including the signing by the Government of the road map agreement aimed at ending
the conflicts in Darfur, Southern Kordofan and Blue Nile, the establishment of a sub-office
of the National Human Rights Commission in Darfur and the deployment of 20 prosecutors
across Darfur, as part of efforts by the Sudanese authorities to improve access to justice. In
addition, the Government continued to cooperate with human rights mechanisms, including
the present mandate holder, and actively participated in the second cycle of the universal
periodic review in May 2016.
63. Despite these steps, most of the recommendations made in the Independent Expert’s
last report remained largely unimplemented during the reporting period. The Independent
Expert noted that the Sudan continued to face numerous human rights challenges. The
overall democratic transformation of the Sudan has remained precarious. Parts of the legal
framework, such as the National Security Act and the Criminal Act, and parallel legislation
specific to Darfur, such as the emergency laws, continue to infringe on fundamental rights
and freedoms. The harmonization of national laws with international human rights
principles has advanced at a slow pace. In addition, restrictions on civil and political rights
and the curtailment of the rights to freedom of expression, association and peaceful
assembly, as well as freedom of the press have persisted. Increasing demands by political
opposition groups, civil society organizations and students for democratic reforms have
been met with repressive measures by the Sudanese authorities, including arrests and
detention by the National Intelligence and Security Service. Human rights defenders,
political opponents and journalists continue to be targeted and impunity remains a recurring
problem.
64. The Independent Expert was also concerned that the death penalty continued to be
applied during the reporting period, in particular against members of the Darfur armed
movements, including the Justice and Equality Movement and the Sudan Liberation Army-
Minni Minawi. In this regard, the Independent Expert noted that, in its concluding
observations on the fourth periodic report of the Sudan, the Human Rights Committee
recommended that the Sudan should consider abolishing the death penalty and acceding to
the Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty (see CCPR/C/SDN/CO/4, para. 14).
65. In the field of economic, cultural and social rights, the Independent Expert noted
that, in the distribution of the national budget, the defence, police and security sectors
accounted for 78 per cent of the total budget, compared to only 7 per cent allocated for
agriculture, health, industry and education. The Independent Expert calls upon the
Government of the Sudan to adopt a holistic approach to development and a national
strategy for protecting and developing productive sectors, as well as a new poverty
reduction strategy to address the root causes of inequalities in the country.
66. During his visit, the Government underscored the negative impact of the unilateral
coercive measures on the enjoyment of human rights by the people of Sudan and advocated
the lifting of the sanctions. In this regard, the Independent Expert looks forward to the
report (A/HRC/33/48/Add.1) to be submitted to the Human Rights Council by the Special
Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of
human rights, who conducted his first mission to the Sudan during the reporting period.
VI. Technical assistance and capacity-building
67. During the Independent Expert’s visit to the Sudan in April 2016, various
stakeholders reiterated the need for technical assistance and capacity-building for different
institutions, both governmental and non-governmental, including the police, the judiciary,
the National Intelligence and Security Service and non-governmental human rights
organizations.
68. In his meetings with UNAMID, United Nations agencies and members of the
diplomatic corps, the Independent Expert was made aware of the fact that some funding to
key government bodies and non-governmental organizations was made by donor States and
that technical assistance and capacity-building activities provided by various United
Nations agencies and UNAMID would continue.
69. In this regard, United Nations Development Programme contributed to building the
capacity of the National Human Rights Commission and its complaints committee to
address human rights grievances by developing new internal regulations for the complaints
committee and a comprehensive manual to address all procedural stages of the life cycle of
a human rights complaint. More than 10,000 people across Sudan were made aware of the
role and mandate of the Commission, with special focus on its complaint procedure.
70. Under the Joint Rule of Law Programme, UNAMID will continue to engage with
the Government of the Sudan to support the operationalization of the transitional justice
mechanisms such as the Justice, Truth and Reconciliation Commission and the Special
Court for Crimes in Darfur, by providing technical and logistical assistance. In addition,
UNAMID will support initiatives to strengthen the rule of law and compliance with
international laws and best practices, including the effective re-establishment of the
criminal justice chain in key pilot areas and improved coordination among criminal justice
actors.
71. The Independent Expert reiterates his call to the donor community to continue its
financial and technical support to the Government of the Sudan and civil society to ensure
capacity-building in the area of human rights. He strongly believes that a spirit of
cooperation is essential among the Government, donor States and the United Nations to
improve the human rights situation in the country. He therefore encourages the Government
to facilitate the unrestricted operation and mobility of UNAMID and United Nations
agencies in the Sudan, including timely provision of visas to their staff and release of their
shipments from the port. The Independent Expert is of the view that the presence and
effective operation of these agencies would make a meaningful difference in the Sudan.
VII. Conclusion and recommendations
72. Despite the steps taken by the Government of the Sudan in the field of human
rights during the reporting period, the Independent Expert noted that major human
rights challenges persist in the Sudan. The Government should take practical steps to
address them. The realization of fundamental rights and freedoms, including the
freedom of expression and association and the freedom of the press remains an
enormous challenge in the Sudan. Notwithstanding the ongoing national dialogue,
there is growing concern about the pervasive actions of the National Intelligence and
Security Service and their impact on the exercise of civil and political rights in the
country. During the reporting period, there were widespread reports of arbitrary
arrests and incommunicado detention perpetrated by the National Intelligence and
Security Service.
73. The human rights situation in Darfur, Southern Kordofan and Blue Nile States
remains precarious, with continuing fighting and breaches of human rights and
international humanitarian law by all parties to the conflict. Hundreds of thousands
of civilians continue to suffer the effects of the armed conflict through direct attacks,
displacement and limited access to humanitarian assistance. The peace process
continues to face significant challenges without the active participation of some major
armed movements.
74. On the basis of his appraisal and assessment of the situation, the Independent
Expert reiterates all the recommendations previously made and which have not been
implemented, including those contained in his first report to the Human Rights
Council and those made by previous mandate holders. In particular, the Independent
Expert makes the recommendations below.
A. Government of the Sudan
75. The Independent Expert calls upon the Government of the Sudan:
(a) To ensure that all allegations of human rights violations and violations of
international law are duly investigated and that the perpetrators are brought to
justice promptly;
(b) To ensure that its security forces respect international human rights
standards and international humanitarian law and protect civilians at all times;
(c) To continue the process of reviewing national laws to comply with
international human rights standards and to take concrete measures to reform aspects
of the current legal framework that are in breach of the exercise of civil and political
rights and fundamental freedoms. In particular, priority should be given to
withdrawing law enforcement powers, including the power of arrest and detention,
from the National Intelligence and Security Service;
(d) To ensure unhindered humanitarian access to all humanitarian
organizations so that they could provide the assistance necessary to persons displaced
by the conflicts in Darfur, Southern Kordofan and Blue Nile States;
(e) To ensure that human rights defenders, journalists, members of the
political opposition, students and other civil society actors are not intimidated,
arrested and detained, ill-treated or tortured by State security agents as a result of
their work, opinions or peaceful assembly.
B. International community
76. The Independent Expert calls upon the international community:
(a) To continue to provide the Government of the Sudan with technical and
financial support for building democratic institutions for the protection and
promotion of human rights in the country;
(b) To continue to support the programme of technical cooperation in the
field of human rights with the Advisory Council for Human Rights and also to develop
a programme of technical cooperation for the National Commission for Human
Rights;
(c) To continue to support the continued presence of UNAMID in Darfur by
providing it with the resources necessary for the protection of the civilian population
and its basic rights;
(d) To continue its efforts to establish a lasting partnership with human
rights actors in the Sudan.
C. Armed opposition movements
77. The Independent Expert calls upon the armed opposition movements:
(a) To protect civilians from violence and to refrain from any actions that
could put the lives of civilians in danger, and to hold those who violate international
human rights and humanitarian laws accountable;
(b) To put the interest of the people of the Sudan first and engage in
negotiations and dialogue with the Government of the Sudan and to sign the road map
agreement in order to bring peace and stability to the country.