33/8 Report of the Working Group on the Universal Periodic Review - Sudan

GE.16-11829 (E) 250716



Human Rights Council Thirty-third session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Sudan

* The annex is being circulated in the language of submission only.

United Nations A/HRC/33/8

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Contents

Page

Introduction ................................................................................................................................... 3

I. Summary of the proceedings of the review process ...................................................................... 3

A. Presentation by the State under review ................................................................................. 3

B. Interactive dialogue and responses by the State under review .............................................. 6

II. Conclusions and/or recommendations ........................................................................................... 13

Annex

Composition of the delegation ...................................................................................................... 29

GE.16-11829 3

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-fifth session from 2 to 13 May

2016. The review of the Sudan was held at the 5th meeting on 4 May 2016. The Sudanese

delegation was headed by the Minister of Justice, Awad Elhassan Elnour Khalifa. At its

14th meeting, held on 10 May 2016, the Working Group adopted the report on the Sudan.

2. On 12 January 2016, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of the Sudan: Albania, Indonesia and Togo.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of the Sudan:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/25/SDN/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/25/SDN/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/25/SDN/3).

4. A list of questions prepared in advance by Belgium, the Czech Republic, Germany,

Mexico, the Netherlands, Norway, Slovenia, Spain, Sweden and the United Kingdom of

Great Britain and Northern Ireland was transmitted to the Sudan through the troika. These

questions are available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The Sudan commended the universal periodic review mechanism for its active role

in the promotion and protection of human rights and in upholding the values of cooperation,

impartiality, transparency and non-politicization. It renewed its commitment to cooperate

with all human rights mechanisms. It strove vigorously to promote and protect the human

rights enshrined in the constitutional Bill of Rights and safeguarded by national

constitutional and legal institutions by implementing policies and programmes, despite the

great obstacles and challenges it faced, particularly the unilateral coercive measures

imposed since 1997 and armed conflicts since 1955.

6. To prepare the national report, the Sudan established a supervisory committee

chaired by the Vice-President of the Sudan. Broad public consultations and dialogue had

been conducted since 2011 with all stakeholders, including over 24 non-governmental

organizations (NGOs) (70 were directly invited), and 15 workshops were organized at the

national and state levels.

7. The Sudan presented a midterm report. It received 160 recommendations: 61 have

been implemented and 78 were under implementation.

8. The Sudan referred to its cooperation with the United Nations, the African Union-

United Nations Hybrid Operation in Darfur (UNAMID) and human rights mechanisms.

Over the past four years, it had received over seven visits by the Independent Expert on the

4 GE.16-11829

situation of human rights in the Sudan, in addition to visits by several thematic Special

Rapporteurs and Representatives of the Secretary-General. It also continued to cooperate in

implementing its commitments and recommendations received during the first review.

9. To contribute to the achievement of international and regional peace and security,

the Sudan implemented the Comprehensive Peace Agreement, despite the loss of one third

of its area following the secession of South Sudan and one fourth of its human and

economic resources. The separation of South Sudan created new facts in the human rights

area. Peacemaking through dialogue and negotiation was a top priority. The inclusive

National Dialogue currently taking place was one of the prominent political and social

developments in the country. Its objectives included establishing constitutional, political

and societal reconstruction, cooperation and solidarity among citizens to overcome crises;

concurrence on a Constitution and legislation that guaranteed freedoms, rights and social

justice; and agreement on independent mechanisms for the protection of such rights.

10. About 83 political parties participated in the Dialogue, including a number of armed

rebel groups, after the provision of required guarantees and a positive atmosphere

conducive for dialogue. The Dialogue was about to conclude and present its outcome.

11. The April 2015 general elections were free and transparent with free public suffrage,

supervised by about 259 international and 23,000 national monitors. Over 40 political

parties participated in running the elections, representing all political and societal spectra.

Nineteen parties won seats in Parliament, with most of the incumbents having occupied

positions in the current Government. The percentage of women holding seats in Parliament

increased from 25 to 30 per cent and the actual percentage of female members of

Parliament was 35.5 per cent.

12. Following up on the Doha Document for Peace in Darfur, efforts were continuing to

build lasting peace in Darfur, in collaboration with United Nations and African Union

partners. During the reporting period, several armed groups joined the peace process,

notably after the National Dialogue was convened. Efforts were ongoing for the full

implementation of the Doha Document, despite non-fulfilment of their commitments.

13. The Darfur Reconstruction and Development Fund and the Voluntary Repatriation

and Resettlement Commission were established. Over 600,000 displaced families were

accommodated in 291 villages. A joint action plan was drawn up, involving $1.03 billion

for 349 projects covering 11 humanitarian and services sectors. Agreements with the

International Committee of the Red Cross and the International Organization for Migration

were also concluded for the implementation of various humanitarian projects in Darfur and

other conflict-affected areas, amounting to over $13 million.

14. The Office of the Prosecutor of the Special Court for Darfur Crimes has been

provided with legal staff and technical and logistic facilities. Every locality throughout

Darfur has a public prosecution office, for a total of 120 such offices, in addition to

branches of the Office of the Prosecutor in the region. About 76 criminal cases were

reported to the Office during 2015, including charges for murder, crimes against humanity

and armed robbery. The situation in most parts of Darfur has been considerably stable. In

April 2016, a referendum on the administrative status of Darfur was conducted in

compliance with the Doha Document in 1,240 voting centres. Over three million voters

participated, representing 90 per cent of registered voters, and 96 international and 1,552

national monitors attended.

15. The constitution drafting process with a view to the adoption of a permanent

constitution has started with participation of all stakeholders, including political powers,

civil society organizations, academic institutions and various sectors of society. All

assistance and support in this respect was welcome to encourage more dialogue at the

GE.16-11829 5

grass-roots level. The national dialogue process disclosed a strong collective desire towards

keeping the current constitutional Bill of Rights, but with more improvements.

16. The Sudan was working on implementing recommendations concerning accession to

international and regional human rights instruments. It acceded to the United Nations

Convention against Corruption, in 2014, and the Protocol to Prevent, Suppress and Punish

Trafficking in Persons, Especially Women and Children, supplementing the United Nations

Convention against Transnational Organized Crime (Palermo Protocol), in 2013. Studies on

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment and the Protocol to the African Charter on Human and Peoples’ Rights on the

Rights of Women in Africa (Maputo Protocol) have been completed and the ratification of

the two instruments has been initiated within the legislative process. Different societal

views surround the Convention on the Elimination of All Forms of Discrimination against

Women, therefore the State decided to allow for more dialogue among community

components, noting that existing legal and institutional frameworks ensured adequate

protection and empowerment for women.

17. A legal reform process was initiated in 2011 and 52 new laws have been

promulgated further promoting human rights, including the following: Human Trafficking

Act 2014, Right to Information Act 2015, Educational Professions Act 2014, Asylum Act

2014, Mining and Mineral Wealth Act 2015, Elections (Amendment) Act 2014,

Transparency, Integrity and Anti-Corruption Act 2016, Health Insurance Act 2016,

Ombudsman Act 2015 and Criminal (Amendment) Act 2015.

18. The following were under review by competent committees constituted by the

Minister of Justice: Press and Publications Act 2009, National Security Act 2010, Criminal

Act 1991, Criminal Procedures Act 1991, Evidence Act 1993, Civil Procedure Act 1983

and draft Social Control (Khartoum State) Act 2011. About 60 other laws have been listed

for review within the framework of the legal reform programme. Bills on prevention of

racial discrimination, compatible with the International Convention on the Elimination of

All Forms of Racial Discrimination, and on eradication of female genital mutilation have

been prepared and were scheduled for the legislative process.

19. The members of the National Human Rights Commission were appointed in 2012

and its executive structure and an independent budget have been adopted. The law

establishing the Commission was under review for further reform. Other institutions have

been developed or revitalized, including the Judicial and Legal Sciences Institute, the

Ombudsman, the National Committee for Combating Money Laundering and Financing of

Terrorism, the National Committee for Combating Human Trafficking and the High-level

Coordinating Mechanism for the Implementation of the Action Plan for the Protection of

Children in Armed Conflict, signed by the Government and the United Nations.

20. The Regional Ministerial Conference on Human Trafficking and Smuggling in the

Horn of Africa was held in Khartoum in October 2014. The declaration of the Khartoum

process initiated at that conference was subsequently adopted in Rome in November 2014.

21. The second phase (2012-2017) of the implementation of the National Strategy

(2007-2031) and the National Plan for the Protection and Promotion of Human Rights

(2013-2023) was progressing as planned, with an assessment and a review.

22. Some challenges hindering the full enjoyment and implementation of human rights

had been encountered, despite efforts made to overcome them. The main challenge was the

unilateral coercive measures imposed since 1997, which have resulted in losses amounting

to $1,500 billion. The measures have had devastating effects on the enjoyment of human

rights, particularly by vulnerable groups. The rights to health, education, water and

sanitation, food, transport and other rights have been seriously impaired.

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23. Foreign debt has exacerbated poverty and adversely affected human rights. Although

the Sudan has fulfilled all the conditions and qualified for exemption under the Heavily

Indebted Poor Countries Initiative, unfair political considerations have delayed the

exemption decision.

24. Armed conflicts supported by some members of the international community have

created another major challenge. The Government was striving for peace through

negotiations. The fully implemented Doha Document for Peace in Darfur, the Eastern

Sudan Peace Agreement and the Roadmap signed with the African Union High-level Panel

on Darfur are indicative of such efforts, but have been refused by the rebels.

25. The Sudan agreed to facilitate access to humanitarian aid by affected persons in

accordance with a tripartite agreement between the Government, the United Nations and the

League of Arab States, but that was rejected by the armed groups. It called on some States

that were hosting armed groups to urge them to join the peace and dialogue process.

B. Interactive dialogue and responses by the State under review

26. During the interactive dialogue, 102 delegations made statements.

Recommendations made during the dialogue are to be found in section II of the present

report.

27. Spain highlighted the reform of article 149 of the Penal Code, which must be put

into practice, and was concerned about the immunities that the security forces enjoyed.

28. Sri Lanka noted the efforts at the institutional and legislative levels to ensure the

protection of human rights, including the National Human Rights Commission and the

National Action Plan on Human Rights.

29. The State of Palestine welcomed the efforts to promote and protect human rights,

despite the difficulties, through the ratification of human rights instruments and education-

related measures.

30. Sweden noted the challenges relating to access to justice for women who continued

to be subjected to sexual and gender-based violence, particularly in conflict areas.

31. Italy welcomed the measures to combat trafficking in persons and the establishment

of committees to study the possibility of acceding to international treaties.

32. Tajikistan welcomed the adoption of the National Action Plan on Human Rights, the

legislative improvements and the efforts to conserve cultural heritage.

33. Thailand encouraged the strengthening of the education plan and urged cooperation

with the international community to enhance access to humanitarian assistance for

internally displaced persons.

34. Timor-Leste welcomed the establishment of the National Human Rights

Commission.

35. Togo welcomed the adoption of the National Action Plan on Human Rights and the

law to combat human trafficking.

36. Turkey welcomed the achievements regarding the rights to education, the efforts

regarding the right to health and the national reconciliation process.

37. Uganda noted the legislative achievements, including the Human Trafficking Act, as

well as the challenges faced, including foreign debt and armed conflict.

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38. Ukraine acknowledged the constitutional and legislative developments, but was

concerned about the verification magnitude of displacement in central Darfur and the

delivery of humanitarian aid.

39. The United Arab Emirates appreciated the adoption of legal measures and strategies

to protect human rights and requested clarification about the nature of the guarantees of the

anti-trafficking law.

40. The United Kingdom of Great Britain and Northern Ireland remained concerned by

violations in the Blue Nile, South Kordofan and Darfur, the response to armed opposition

groups in Jebel Marra and the powers of the National Intelligence and Security Service.

41. The United States of America noted ongoing violations and abuses of human rights

and humanitarian law in Darfur, Blue Nile and South Kordofan, including attacks on

civilian areas.

42. Uruguay welcomed the measures taken with regard to economic, social and cultural

rights and encouraged the redoubling of efforts.

43. Yemen appreciated the adoption of a national legal framework and, among others,

the National Action Plan on Human Rights.

44. Zimbabwe welcomed the Human Trafficking Act, the National Human Rights

Commission and the National Action Plan on Human Rights.

45. Albania commended the progress made in adopting the Human Trafficking Act and

the Act establishing the Educational Professions Council.

46. Algeria welcomed the legal human rights framework, in particular the National

Strategy (2007-2031) and the National Action Plan on Human Rights.

47. The Sudan stated that, although the budget for education has been increased, the

school dropout rate has not decreased owing to the economic situation in the country.

Seventy per cent of the nomadic population were enrolled in schools, an increase from 33

per cent. The budget for the health sector increased from 4 to 9 per cent of the gross

domestic product in 2015 and child and maternal mortality decreased.

48. The Sudan reaffirmed that capital punishment against children under 18 years was

prohibited by law.

49. A bill on female genital mutilation was introduced in Parliament in 2016 and

progammes against female genital mutilation, such as the Salima campaign, continued.

50. Angola welcomed the Human Trafficking Act, the Penal Law and the Election Law.

51. Argentina echoed the concern regarding the difficulties faced by the Sudan as

expressed in Human Rights Council resolutions and acknowledged the efforts regarding

internally displaced persons.

52. Australia was gravely concerned at violations of human rights in conflict zones and

condemned the impunity allowed to perpetrators and the violence against civilians.

53. Austria encouraged the swift implementation of the Action Plan to prevent the

recruitment and use of children by government forces and was concerned by violations of

humanitarian and human rights law in conflict areas.

54. Azerbaijan noted as positive the establishment of the National Human Rights

Commission, the National Action Plan on Human Rights and the accession to the Palermo

Protocol.

55. Bahrain welcomed the acceptance of the majority of the recommendations from the

previous cycle and the measures taken to implement them, despite existing difficulties.

8 GE.16-11829

56. Bangladesh praised the adoption of the National Action Plan on Human Rights and

the actions to ensure the rights of women. It noted the challenges faced, including foreign

debt, sanctions and armed conflict.

57. Belarus welcomed the efforts to eradicate poverty through the creation of social

funds and the granting of microcredit and noted the measures taken to strengthen the fight

against human trafficking.

58. Belgium welcomed the adoption of the law on transparency, integrity and combating

corruption. It encouraged further efforts to protect women rights and expressed concern

about reports of intimidation and harassment of human rights defenders.

59. Botswana welcomed the measures taken to protect the rights of women and children.

It was concerned at the lack of accountability for crimes committed during the conflict.

60. Brazil welcomed the establishment of the National Human Rights Commission and

the India-Brazil-South Africa initiative.

61. Burkina Faso commended the efforts to improve the human rights situation, despite

a difficult national political and socioeconomic situation.

62. Burundi commended the legislative and institutional measures taken and the efforts

to promote and protect human rights in the health sector, by adopting a five-year strategic

plan.

63. Canada was concerned at reports that government forces and affiliated militias were

implicated in sexual violence.

64. The Central African Republic welcomed the establishment of the National Human

Rights Commission, the Advisory Council for Human Rights and the Human Rights

Committee of the National Assembly and urged an end to impunity.

65. Chad commended the granting of equal rights to women in many spheres of life and

the cooperation with international human rights mechanisms and special procedure mandate

holders.

66. Chile welcomed the delegation and the presentation of the report and made

recommendations.

67. China welcomed the efforts in the areas of trafficking in persons, health, education

and anti-corruption and legislative measures and reforms to protect vulnerable groups.

68. Colombia highlighted the commitment to implement the recommendations of the

review. It offered to share its experience in human rights areas.

69. The Congo noted the adoption of laws on the right to information, asylum, health

insurance and the anti-corruption law.

70. Costa Rica noted the intention to cooperate with the international human rights

mechanisms and hoped that the constitutional review incorporated international obligations.

71. Cuba noted the political willingness to implement the recommendations of the

review, while noting the challenges faced, such as armed conflict and foreign debt.

72. Cyprus welcomed the Human Trafficking Act and the creation of the National

Committee for Combating Human Trafficking.

73. The Czech Republic welcomed the delegation and the informative presentations and

made recommendations.

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74. Denmark welcomed the National Human Rights Commission and urged the Sudan

to ensure its independence. It noted the need for dialogue among all parties in conflict and

the discrimination against women.

75. Egypt welcomed the establishment of the national commission to follow up the

recommendations of the universal periodic review and the adoption of human rights-

sensitive laws.

76. El Salvador noted the efforts to implement the recommendations of the review and

the persistence of challenges.

77. Equatorial Guinea congratulated the Sudan on its legislative measures and the

establishment of the National Human Rights Commission.

78. Ethiopia welcomed the legislative measures and noted the commitment to

establishing the National Action Plan on Human Rights.

79. France welcomed the delegation and made recommendations.

80. Georgia urged the introduction of amendments to the national legislation to ensure

the protection of human rights, including the rights of vulnerable groups and the issuing of

a standing invitation to special procedure mandate holders.

81. Germany was concerned that the participation of civil society was obstructed during

the pre-session period of the review and that the first cycle recommendations had not been

implemented. It commended the concessions made during the peace negotiations.

82. On the issue of immunities for members of the security services, the Sudan

explained that those immunities were procedural, not legal, measures, which could be lifted

if a person was accused of a criminal offence. This has been proven by the courts, which

have handed down decisions in many cases.

83. Concerning internally displaced persons, 90 per cent of the area was accessible for

humanitarian aid, the remaining 10 per cent was hindered by the security situation resulting

from ongoing fighting. Over 60 foreign organizations worked in Darfur implementing 168

projects at a cost of $160 million. The Government continued engagement with

humanitarian work partners to provide aid and services to internally displaced persons in

camps and settlements in Darfur, South Kordofan and Blue Nile.

84. On women’s rights and equality, the delegation reaffirmed that the Constitution did

not allow for any form of discrimination. Women received equal pay and had equal rights

to own property and equal access to education and health.

85. The Sudan emphasized that a zero-tolerance policy on violence against women had

been adopted, containing several pillars on, inter alia, establishing institutions charged with

coordinating efforts to combating violence against women, facilitating access to justice,

appointing female police staff, establishing specialized prosecution offices and launching

social outreach campaigns. Concerning allegations of mass rape, the authorities have

provided accessible modalities for the protection of women and such allegations have been

investigated accordingly by female police officers. Legal aid and psychosocial support have

also been provided.

86. Ghana welcomed the legislative measures taken. It noted, however, that a number of

core international human rights instruments had not been ratified.

87. Greece welcomed the initiatives to establish various institutions. It expressed

concern for human rights violations by the State and armed groups and the restrictions

imposed on human rights.

10 GE.16-11829

88. Honduras commended the progress made to strengthen institutional infrastructure,

including the establishment of the National Human Rights Commission.

89. Iceland, while noting progress made, remained concerned about the overall human

rights situation and was alarmed that rape continued to be used as a weapon of war and at

the practice of female genital mutilation.

90. India welcomed the legislative and institutional measures to protect human rights

and appreciated the measures to protect the rights of women and girls. It encouraged ending

the recruitment of children in armed conflict.

91. Indonesia welcomed the establishment of the National Action Plan on Human

Rights, the National Human Rights Commission and the National Committee for

Combating Human Trafficking.

92. Iraq welcomed the adoption of human rights-related laws, in particular with regard

to trafficking in persons and corruption.

93. Ireland was concerned about the application of the death penalty, sexual violence

against women in conflict areas and restrictions to the rights of human rights defenders in

connection with the present review.

94. Switzerland welcomed the Action Plan signed with the United Nations to protect

children in armed conflict and expressed concern about the violations of human rights and

of international humanitarian law committed by security forces and about persisting

impunity.

95. Japan welcomed the progress of the National Dialogue and expressed concern at the

denial of humanitarian access in certain areas, restricted political freedom and freedom of

expression, arbitrary arrests, executions and torture.

96. Kenya acknowledged the efforts to implement recommendations accepted in 2011

and enquired about measures to maintain equality among religious groups.

97. Kuwait welcomed the human rights legal framework developed since the previous

review, including the law against trafficking in persons and electoral laws.

98. Latvia expressed alarm about the situation of women and concern about media

restrictions and censorship and the alleged intimidation, harassment and arrest of journalists

and civil society activists.

99. Lebanon noted, despite the challenges, the development of a human rights legal

framework, including the law against trafficking in persons and electoral and anti-

corruption laws.

100. Libya welcomed the positive legal developments with the adoption of the law

against trafficking and the anti-corruption law.

101. Liechtenstein expressed concern at the widespread impunity for human rights

violations in Darfur. It regretted the continued non-cooperation with the International

Criminal Court.

102. Lithuania encouraged the effective implementation of the National Action Plan to

end and prevent the recruitment of children in the armed forces.

103. Luxembourg thanked the delegation for the presentation of its report and made

recommendations.

104. Madagascar welcomed the adoption of human rights measures such as the anti-

trafficking law and the establishment of the National Committee for Combating Human

Trafficking.

GE.16-11829 11

105. Malaysia commended the progress made and called for additional attention to the

promotion and protection of the rights of women, children and internally displaced persons.

106. Maldives expressed concern about the growing communities of internally displaced

persons, owing to armed conflict, communal violence and conflict over resources.

107. Mali welcomed the adoption of laws on freedom of information, the teaching

profession council, asylum and health insurance.

108. Mexico recognized the strategy for work and economic empowerment of persons

with disabilities. It invited the Sudan to ensure the right of its population to education,

regardless of gender.

109. Montenegro expressed concern about sexual violence in conflict areas and enquired

about measures to investigate allegations of mass rape, punish perpetrators and provide

humanitarian access to civilian populations.

110. Morocco valued the efforts to develop the institutional and legislative framework

with the National Human Rights Commission, the National Committee for Combating

Human Trafficking, the National Action Plan on Human Rights, the anti-trafficking law

and the strengthening of mechanisms to protect vulnerable groups and of the judicial

system.

111. Myanmar noted the adoption of new laws, including the Human Trafficking Act, the

creation of the National Committee for Combating Human Trafficking and the adoption of

the National Action Plan on Human Rights.

112. Namibia noted the legislative developments and efforts to promote social and

economic rights relating to food, housing, water and sanitation and education.

113. The Netherlands expressed concern about the prevention by the Government of civil

society representatives from travelling to Geneva to share their views with the international

community during the present review.

114. New Zealand expressed concern about the conflicts in South Kordofan, Blue Nile

and Darfur and called for an immediate end to attacks against civilians. It welcomed the

signing of the Roadmap agreement and urged its full implementation.

115. The Niger noted the adoption of the National Action Plan on Human Rights to

strengthen human rights foundations in law and in practice.

116. Nigeria noted the engagement with stakeholders in the preparation of the national

report and the commitment to the principles of the United Nations.

117. Norway commended the establishment of the National Human Rights Commission

and the efforts to reduce child marriages.

118. Oman commended the efforts to empower women and enhance their participation in

decision-making processes and the adoption of the National Action Plan on Human Rights,

aimed at, inter-alia, building partnerships with civil society organizations.

119. Pakistan welcomed the efforts to promote human rights, including in the areas of

protecting victims of trafficking, women and children.

120. The Philippines urged that steps be taken to address concerns in the areas of health

care, water, education, food, transport and development. It called on the international

community to assist with action to address climate change.

121. Poland noted the efforts to comply with the recommendations of the review and

encouraged the effective implementation of the National Action Plan on Human Rights.

12 GE.16-11829

122. Portugal expressed concern about the human rights situation and noted the cases of

arbitrary arrest and detention, ill-treatment of human rights defenders and that the death

penalty was used for crimes not considered serious under the International Covenant on

Civil and Political Rights.

123. The Republic of Korea stated that national integrity and long-term stability could

only be achieved through reconciliation and confidence-building and that sexual violence in

conflict areas must be investigated.

124. Saudi Arabia noted the political and economic challenges and commended the

efforts to combat human trafficking by creating the National Committee and adopting the

law on human trafficking and the development of plans and programmes to provide

adequate food.

125. Senegal welcomed the ongoing efforts to fulfil the commitments relating to the

review and the positive reforms in the areas of health care, education, women’s rights and

vulnerable groups. It invited the international community to provide support for the

adoption of a new Constitution.

126. Sierra Leone encouraged further efforts to eliminate violence against women and

ensure the protection of human rights defenders. It expressed concern about the internal

armed conflict.

127. Slovakia noted that many of the recommendations from the first review have not

been implemented. It expressed concern that the interim Constitution and national

framework did not fully recognize civil and political rights and about restrictions on human

rights defenders.

128. Slovenia noted that civil society representatives were prevented from attending the

present review. It expressed concern about human rights abuses by all parties to the conflict

and the denial of humanitarian access for the civil population.

129. South Africa welcomed the legislative developments, the establishment of the

National Human Rights Commission and the Salima campaign to prevent female genital

mutilation.

130. Guatemala was concerned about violence against women and reports on the lack of

investigation of related crimes.

131. The Bolivarian Republic of Venezuela noted the effect of the unilateral coercive

measures on the standard of living and the achievements regarding the right to education,

including measures to improve access in remote areas.

132. Viet Nam noted the adoption of the new Constitution, several new laws and the

National Action Plan on Human Rights.

133. Mauritania acknowledged the adoption of several laws, including the Human

Trafficking Act, the Asylum Act and the Freedom of Information Act. It valued the pledge

to pursue and reinforce human rights cooperation and communications with all national,

regional and international partners.

134. Qatar noted the measures to implement the recommendations of the review and

commended the efforts to achieve peace and stability in all parts of the Sudan by adopting

the National Dialogue approach as a basis for achieving political consensus.

135. The delegation underlined that the Sudan was not a party to the International

Criminal Court and was not bound by its decisions; whereas, it was bound by African

Union resolutions in that respect.

GE.16-11829 13

136. The Sudan rarely strove to address human trafficking in collaboration with

international and regional partners, although the refugee influx and lack of natural barriers

outweighed State capabilities. It received about 1,000-1,200 asylum seekers monthly and

97 per cent were granted asylum. It was bound by the principle of non-refoulement.

137. In conclusion, the head of the delegation reconfirmed the commitment and full

respect for international standards of human rights and its commitment to cooperation with

international mechanisms. He called on the international community for support in the

reform process and human rights development and promotion.

II. Conclusions and/or recommendations**

138. The recommendations formulated during the interactive dialogue/listed below

have been examined by the Sudan and enjoy its support:

138.1 Consider ratification of other international human rights treaties to

which it is not yet a State party (Philippines);

138.2 Consider ratifying the Convention on the Elimination of All Forms of

Discrimination against Women (Ghana);

138.3 Consider ratifying international instruments particularly the Convention

on the Elimination of All Forms of Discrimination against Women (Pakistan);

138.4 Accelerate the exercise that it has initiated to consider the possibility of

acceding to a number of international human rights instruments, including the

Convention on the Elimination of All Forms of Discrimination against Women

(Zimbabwe);

138.5 Consider ratification of the Convention on the Elimination of All Forms

of Discrimination against Women and the Protocol to the African Charter on

Human and Peoples’ Rights on the Rights of Women in Africa and to review its

domestic legislation with the aim to eliminate discrimination against women

(Namibia);

138.6 Step efforts concerning accession to core human rights treaties,

particularly the Convention on the Elimination of All Forms of Discrimination

against Women and the Convention against Torture, before the third cycle

review (Brazil);

138.7 Ratify the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (Italy) (Honduras) (Guatemala) (Viet

Nam) (Uruguay) (Congo) (France) (Slovakia) (Czech Republic) (Georgia);

(Lebanon) (Togo) (South Africa) (Sierra Leone) (Denmark) (Poland)

(El Salvador);

138.8 Consider ratifying the Convention against Torture (Ghana);

138.9 Consider ratifying the Convention against Torture and its Optional

Protocol, the Convention on the Elimination of All Forms of Discrimination

against Women, the Protocol to the African Charter on Human and Peoples’

Rights on the Rights of Women in Africa and the International Convention for

the Protection of All Persons from Enforced Disappearance (Burkina Faso);

** The conclusions and recommendations have not been edited.

14 GE.16-11829

138.10 Strengthen efforts to address the prevention of torture and

inhuman treatment through the ratification of the Convention against Torture

(Indonesia);

138.11 Consider signing and ratify the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Indonesia); Consider ratifying the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Philippines) (Ghana);

138.12 Consider ratification of the International Labour Organization

Convention No. 189 (Philippines);

138.13 Sign and ratify the African Union Maputo Protocol on the rights

of women in Africa (Norway);

138.14 Speed up the adoption of the permanent Constitution of Sudan

(Kuwait);

138.15 Expedite the adoption of a Constitution and ensure that all

national laws are in conformity with international human rights law

(Botswana);

138.16 Continue the constitutional review process in full transparency

and clarity on the primacy of the International Covenant on Civil and Political

Rights over domestic law (Lithuania);

138.17 Ensure transparency of institutional reforms and wide

participation of NGOs throughout the adoption of the new Constitution

(Ukraine);

138.18 Introduce a comprehensive definition of racial discrimination

related to the constitutional provisions on equality and non-discrimination and

measures taken (Albania);

138.19 Bring national legislation into line with regional and international

human rights treaties to which it is a party (Burkina Faso);

138.20 Bring the 2009 Press and Publications Act and all other relevant

legislation in line with international and constitutional obligations to protect the

right to freedom of expression (Canada);

138.21 Harmonize domestic legislation with the Sudan’s international

obligations in the area of protection of women and children’s rights

(Colombia);

138.22 Consider the possibility of re-examining areas of its legislation

that have led to restrict political freedom and freedom of expression, arbitrary

arrests, detention, executions and torture, as part of wider effort to strengthen

the rule of law (Japan);

138.23 Amend national legislation to align it with international human

rights instruments to which the Sudan is a party (Madagascar);

138.24 Enact laws and promote public policies to fight violence against

women, including through the criminalization of violence and sexual attacks

(Mexico);

138.25 Ensure the adoption of legislation that prohibits child, early and

forced marriage (Maldives);

GE.16-11829 15

138.26 Legislate for the prohibition of female genital mutilation

(Republic of Korea);

138.27 Develop a code of conduct, or similar type of document, for the

respect for human rights within the armed forces and the police and provide

them with training on their human rights obligations (Norway);

138.28 Adopt legislation prohibiting the dissemination of ideas based on

racial and ethnic hatred and incitement to racial discrimination and violence

and ensure full respect for freedom of religion or belief and the human rights of

the persons belonging to ethnic and religious minorities, in line with the

international human rights law (Poland);

138.29 Continue strengthening the institutionalization of human rights,

through establishing a national system for institutional coordination allowing to

design, implement and follow-up public human rights policies (Colombia);

138.30 Establish a general coordinated strategy on gender issues within

all the public institutions (Chile);

138.31 Implement action plan to protect children in areas of armed

conflict adopted in March 2016 (France);

138.32 Take concrete and prompt measures to implement the Action

Plan for the protection of children in armed conflict (Switzerland);

138.33 Provide international support to help overcome impediments to

the promotion and protection of human rights (Kuwait);

138.34 Establish an institutional mechanism to fight discrimination and

violence against women and children (Viet Nam);

138.35 Continue to take measures to reduce maternal and child mortality

to achieve the objectives of the sustainable development goals 2030 (Bahrain);

138.36 Establish a national action plan to prevent child marriage

(Republic of Korea);

138.37 Allocate the necessary financial and human resources for the

effective exercise of the National Commission for Human Rights and the

Human Rights Committee of the National Assembly’s mandates (Timor-Leste);

138.38 Ensure the institutionalization of an independent national human

rights commission in conformity with the Paris Principles (Chile);

138.39 Continue supporting the National Commission for Human Rights

and provide assurances to enable it to discharge its mandate independently in

accordance with the Paris Principles (Morocco);

138.40 Ensure independence and adequate financial resources for the

Sudanese Human Right’s Commission (Norway);

138.41 Strengthen the role of the national human rights commission to

allow it to perform its mandate (Algeria);

138.42 Strengthen the role of the National Commission for Human

Rights to enable it to discharge its mandate effectively and independently in

accordance with the Paris Principles (Qatar);

138.43 Guarantee the proper functioning of the National Human Rights

Commission and its independence in conformity with the Paris principles

(France);

16 GE.16-11829

138.44 Devote more effort to addressing the outstanding human rights

issues through the National Action Plan, which is now in place, and provide

adequate financial and human resources for its effective implementation

(Uganda);

138.45 Continue implementing the national action plan for the promotion

and protection of human rights (2013-2023) (Cuba);

138.46 Strengthen the strategic planning process initiated in its human

rights national plan (2007-2031) (Equatorial Guinea);

138.47 Allocate appropriate manpower and finance for the

implementation of the National Plan to Promote and Protect Human Rights in

the Sudan (2013-2023) (Ethiopia);

138.48 Fully implement the Action Plan to end and prevent the

recruitment of children into the armed forces (Lithuania);

138.49 Step up efforts to draft and implement a comprehensive human

rights action plan that will serve as a framework for the implementation of its

human rights policies and programs (Philippines);

138.50 Develop a comprehensive human rights strategy (Cuba);

138.51 Ensure a prompt, complete and effective implementation of the

action plan to bring the recruitment of child soldiers to an end (Luxembourg);

138.52 Strengthen State mechanisms related to the care for the most

vulnerable groups in need of protection, such as women, children and persons

with disabilities (Saudi Arabia);

138.53 Actively counter any ethnic strife and armed conflict (Tajikistan);

138.54 Continue building the national capacity to counter trafficking in

human beings (Belarus);

138.55 Continue to implement the strategies and plans for the promotion

of the economic and social development in the country (Democratic People’s

Republic of Korea);

138.56 Strengthen efforts to raise awareness on human rights to all

members of the society (Lebanon);

138.57 Intensify training and education efforts in the field of human

rights (Morocco);

138.58 Continue to implement policies for the socio-economic growth of

its people (Pakistan);

138.59 Continue constructive cooperation with international human

rights mechanisms to protect and promote human rights (Tajikistan);

138.60 Strengthen cooperation with United Nations human rights

mechanisms (El Salvador);

138.61 Reinforce its cooperation with treaty bodies and special

procedures (Chile);

138.62 Cooperate with international human rights mechanisms and with

special procedures mandate holders (Congo);

138.63 Cooperate with the United Nations Independent Expert, including

by granting him access to the entire country (Lithuania);

GE.16-11829 17

138.64 Ensure equality of rights is guaranteed to men and women, not

just in some areas but in all spheres of life in the country (Burundi);

138.65 Take concrete measures to eliminate all discrimination against

women, improve women representation in leadership positions, and protect

women against all forms of violence (Malaysia);

138.66 Ensure provision of comprehensive and non-discriminatory health

services to women and girls who have experienced sexual violence (South

Africa);

138.67 Design and implement public policies and programmes to address

violence against women, in particular measures against the practice of female

genital mutilation and actions of protection and reparation for women victims

(Colombia);

138.68 Promote active presence of women in society (Chile);

138.69 Continue its efforts in the area of empowerment of women and

enhance their role in the political, economic and social fields, as well as seeking

collaboration with partners and stakeholders at the national and regional levels

in order to continue to improve the human rights situation in the Sudan

(Oman);

138.70 Strengthen initiatives to promote equality and fight against

discrimination, particularly those aimed at expanding political participation,

whether from a gender ethnic, regional or social perspective (Brazil);

138.71 Create an environment that supports inclusive dialogue,

instituting legal reforms to promote respect for human rights and fundamental

freedoms (United States of America);

138.72 Continue its efforts to achieve the results of the national dialogue

to reach a comprehensive and sustainable peace in all regions of the Sudan

(Yemen);

138.73 Parties involved in the armed conflict, respect civilians and the

rules of international humanitarian law, and human rights (Costa Rica);

138.74 Adopt criminal legislation that defines and criminalizes torture

(Timor-Leste);

138.75 Adopt legislation that clearly defines and criminalizes torture

(Maldives);

138.76 Take all necessary measures to eliminate definitely practices of

female genital mutilation and child marriages (Spain);

138.77 Take further steps to devise an effective response to all forms of

violence against women, including the criminalization of domestic violence

(Turkey);

138.78 Strengthen efforts to prevent child marriage, including by

combating stereotypes through diversified awareness-raising campaigns

(Turkey);

138.79 Raise the minimum age for marriage to comply with international

child rights standards in order to prevent early, child and enforced marriages

(Australia);

18 GE.16-11829

138.80 Strengthen the general public awareness of, security services and

the administration of justice regarding domestic violence, sexual violence,

female genital mutilation, particularly through training and launching of

awareness and information campaigns (Belgium);

138.81 Ensure effective criminal justice responses to all forms of sexual

and gender-based violence, particularly domestic violence and female genital

mutilations (Burkina Faso);

138.82 Strengthen measures to address violence against women,

including sexual violence, provide help for its victims and hold accountable its

perpetrators, while also ensuring effective implementation of the laws

prohibiting female genital mutilation at the State level and adopting legislation

prohibiting the practice completely throughout the country (Czech Republic);

138.83 Continue efforts to eradicate harmful traditional practices such as

child marriage and female genital mutilation (Ethiopia);

138.84 Take effective action to combat and eliminate the phenomenon of

female genital mutilation and ensure the full implementation of the relevant

National Action Plan (Cyprus);

138.85 Implement the national strategy to prevent female genital

mutilation (2008-2018) and the national strategy to end child marriage (China);

138.86 Give priority to ensure independent, impartial and effective

investigations into violations of women’s rights (Denmark);

138.87 Take further steps to eliminate female genital mutilation

(Timor-Leste);

138.88 Strengthen the efforts to eradicate female genital mutilation,

including by legal prohibition of such practice and awareness-raising and

education of all, especially women and girls (Slovenia);

138.89 Guarantee respect for the rights and fundamental freedoms of the

entire population, especially women and children, and take all necessary

measures to ensure the fight against impunity of the perpetrators of crimes,

acts of violence and all human rights violations (Argentina);

138.90 Consider to put in place appropriate safeguards to protect

civilians from any discriminatory, ill-treatment or criminal offences committed

by members of the law enforcement agencies (Malaysia);

138.91 Carry out prompt, independent and thorough investigation of the

allegations of torture and excessive use of force by State officials as well as

other human rights violation, including sexual abuses (Slovakia);

138.92 Investigate all cases of human rights violations and prosecute

those responsible without exception and impunity (Slovenia);

138.93 Continue efforts for the comprehensive protection of children and

adolescents rights; expand the juvenile justice system and actions aimed to

implement the mandatory birth registration; and for eradication of female

genital mutilation (El Salvador);

138.94 Provide a follow-up to the initiatives to strengthen the protection

of rights of the child (Equatorial Guinea);

138.95 Take effective measures to respect the right to freedom of religion

without discrimination (Slovakia);

GE.16-11829 19

138.96 Guarantee the free exercise of freedoms of expression and opinion

(Togo);

138.97 Take concrete steps to ensure freedom of expression, including for

the media, and to ensure that all alleged attacks against journalists and human

rights defenders are promptly and independently investigated (Norway);

138.98 Take necessary measures to guarantee full respect for freedom of

expression and freedom of association (France);

138.99 Take adequate measures to effectively safeguard the freedoms of

expression, association and assembly (Cyprus);

138.100 Take concrete steps to ensure a safe and enabling environment for

human rights defenders and other civil society actors, journalists and members

of the opposition, while also ensuring that independent civil society can

meaningfully participate in all stages of the review process without hindrance

and fear of reprisals (Czech Republic);

138.101 Guarantee the right to freedom of peaceful assembly and

association in line with the International Covenant on Civil and Political Rights

and amend existing legislation that is in violation of it (Germany);

138.102 Grant women with civil and political rights, the right to health

and the right to education without discrimination (Angola);

138.103 Increase efforts to reinforce the participation of women in

decision making posts (Senegal);

138.104 Continue to implement strategies and plans that ensures economic

and social development and give specific attention to combating poverty (State

of Palestine);

138.105 Intensify efforts to achieve further gains in the areas of poverty

reduction and improving the living conditions of the people in rural areas,

particularly in providing necessary resources to realize the right to adequate

housing and health (Sri Lanka);

138.106 Continue taking measures in favour of development and to reduce

the level of poverty (Belarus);

138.107 Intensify efforts in the fight against poverty and to respond to the

basic needs of the poor (Iraq);

138.108 Intensify efforts to fight against poverty (Kuwait);

138.109 Ensure the right to adequate food, especially during times of

conflict and in states of emergency (Thailand);

138.110 Continue to work with the World Health Organization and other

United Nations agencies as well as with relevant international organizations to

strengthen the public health system and facilities, not only in the conflict-

affected areas but also in all parts of the country (Thailand);

138.111 Increase the resource allocation for the health sector, especially to

fulfil steps towards securing a comprehensive healthcare system (Turkey);

138.112 Develop programmes aimed at guaranteeing the right to

education and the right to health (Iraq);

20 GE.16-11829

138.113 Continue efforts aimed at ensuring access to basic education for

all and measures to strengthen the performance of the education system

(Sri Lanka);

138.114 Promote education by adopting additional policies to improve the

enrolment of children in basic education, as well as combat discrimination in

that field (State of Palestine);

138.115 Strengthen the process of educational reform (Tajikistan);

138.116 Seek to intensify national efforts to implement alternative learning

programmes for children and youth (Bahrain);

138.117 Continue to pursue measures designed to reduce the number of

children who are not enrolled in school (Equatorial Guinea);

138.118 Ensure the primacy of fulfilling the right to education for all

children, continue to dedicate more resources to eradicate illiteracy among

children and adults, and improve the number of children completing their

education (Malaysia);

138.119 Continue strengthening the national infrastructure with an

emphasis on the successful educational policy in order to achieve full access

(Bolivarian Republic of Venezuela);

138.120 Intensify its efforts to addressing the issues of education, poverty

and health (Nigeria);

138.121 Continue implementing the plans, programs and measures aimed

at guaranteeing the right to education and access to appropriate health services

for all citizens (Saudi Arabia);

138.122 Continue implementing the plans, programs and measures that

aim to guarantee the right to education and access to appropriate health

services for all its citizens (Qatar);

138.123 Continue the efforts towards raising the enrolment rate for

children in schools, particularly girls (Morocco);

138.124 Continue to implement the national strategic plan for education,

with special emphasis on the right to education of vulnerable groups including

children living in rural areas, persons with disabilities, nomads and internally

displaced persons (China);

138.125 Increase access to school education for all children, especially

girls, children in rural areas and children of marginalised groups such as

nomadic persons (South Africa);

138.126 Enhance efforts for effective implementation of the Convention on

the Rights of Persons with Disabilities (Democratic People’s Republic of

Korea);

138.127 Ensure safety of refugees and asylum seekers by also seeking

international assistance (Nigeria);

138.128 Grant full access for humanitarian aid to the population in need

in Darfur (Ukraine);

138.129 Adopt measures to guarantee access to basic services, as well as

the investigation of allegations of human rights violations in camps for

internally displaced persons (Argentina);

GE.16-11829 21

138.130 Continue its efforts in order to address the problems related to

internal displacement (Azerbaijan);

138.131 Take measures to protect the rights of the internally displaced,

through comprehensive attention and reparation, in particular access to basic

services (Colombia);

138.132 Intensify the efforts for the creation of a concrete national

framework on the internal displacement, which would secure equal access to

humanitarian aid but also develop a preventive strategy for new internally

displaced persons, including training of security forces to this effect (Greece);

138.133 Both the Government and armed groups immediately take

necessary steps to cease all forms of conflict and ensure humanitarian access

for internally displaced persons (Japan);

138.134 Continue to provide and facilitate the delivery of humanitarian

assistance for internally displaced persons in areas of conflict in the country,

and take comprehensive actions to stop further displacement (Malaysia);

138.135 Authorise and facilitate humanitarian access to all areas of the

country (Maldives);

138.136 Ensure that humanitarian access is granted to civilian populations

in all conflict-affected areas (Portugal);

138.137 Exert further efforts in addressing the negative impacts of the

unilateral coercive measures on the enjoyment of human rights in the Sudan

(Democratic People’s Republic of Korea);

138.138 Continue to seek technical assistance from the international

community in the rebuilding process to help it fulfil its obligations (Pakistan);

138.139 Continue to seek assistance from the international community in

line with its national plan (Myanmar).

139. The following recommendations enjoy the support of the Sudan, which

considers that they are already implemented or in the process of implementation:

139.1 Facilitate the access of United Nations agencies and other humanitarian

actors to conflict zones (Switzerland);

139.2 Investigate sexual violence in conflict (Republic of Korea);

139.3 Criminalize the recruitment of children and investigate all the reports of

recruitment of children by the security forces, ensuring that perpetrators are

brought to justice and duly prosecuted (Portugal);

139.4 Enact all the necessary measures to effectively implement the Action

Plan to end recruitment of children (Slovenia);

139.5 Promptly implement the action plan between the Sudan and the United

Nations to end child recruitment and criminalize in domestic law the

recruitment and use of children by the security forces and other groups

(Guatemala);

139.6 Continue taking strong measures to combat human trafficking and

sexual exploitation and abuse of migrant women and children, including by

fully implementing the Human Trafficking Act of 2014, training law

enforcement officials and ensuring adequate protection for victims of human

trafficking (Sweden);

22 GE.16-11829

139.7 Provide the national commission for combatting trafficking in persons

with the appropriate human and financial resources to enable it to carry out its

tasks in the best way (United Arab Emirates);

139.8 Continue efforts to combat human trafficking, particularly of vulnerable

groups, such as women and children (Myanmar);

139.9 Continue to intensify the national efforts to control the borders and fight

against the networks of human trafficking, to fight the activities of terrorist

groups in the border areas, and to continue its effective cooperation with

neighbouring countries in this field (Libya);

139.10 Take concrete measures to improve the independence of the

judiciary (Burkina Faso);

139.11 Take appropriate measures to prosecute perpetrators of acts of

torture (Togo);

139.12 Further strengthen efforts towards birth registration for all, with

a view to encouraging access to relevant procedures (Turkey);

139.13 Establish effective measures to increase the registration of

children and to obtain birth registration (Mexico);

139.14 Introduce a freedom of information law (Lithuania).

140. The following recommendations will be examined by the Sudan, which will

provide responses in due time, but no later than the thirty-third session of the Human

Rights Council, in September 2016:

140.1 Proceed with the ratification of international human rights treaties and

other relevant international instruments to which the Sudan is not yet a party

(Chile);

140.2 Ratify international human rights treaties, including the Second

Optional Protocol to the International Covenant on Civil and Political Rights,

aiming at the abolition of the death penalty (Poland);

140.3 Sign and ratify the Convention on the Elimination of All Forms of

Discrimination against Women (Slovakia) (Sierra Leone) (Belgium); ratify the

Convention on the Elimination of All Forms of Discrimination against Women

(Lebanon) (Timor-Leste) (Viet Nam) (Guatemala) (Turkey) (Algeria) (Italy)

(Botswana) (France) (Georgia) (Montenegro) (Honduras) (Indonesia) (Angola)

(Senegal) (Poland) (El Salvador);

140.4 Ratify the Optional Protocol to the Convention on the Elimination of All

Forms of Discrimination against Women (Italy);

140.5 Ratify the Optional Protocol to the International Covenant on Economic,

Social and Cultural Rights (El Salvador);

140.6 Ratify the Convention on the Elimination of All Forms of Discrimination

against Women and adopt a law prohibiting genital mutilations (Luxembourg);

140.7 Ratify the Convention on the Elimination of All Forms of Discrimination

against Women and deepen efforts to eliminate discriminatory legal provisions

that limit the rights of women (Uruguay);

140.8 Ratify the Convention on the Elimination of All Forms of Discrimination

against Women and eliminate discriminatory practices, especially during

conflict (Greece);

GE.16-11829 23

140.9 Ratify the Convention on the Elimination of All Forms of Discrimination

against Women and prohibit female genital mutilation (Costa Rica);

140.10 Ratify the Convention on the Elimination of All Forms of

Discrimination against Women to ensure full gender equality and adopt a

comprehensive national action plan with clear goals and deadlines to eliminate

all forms of violence against women, including sexual violence and female

genital mutilation (Latvia);

140.11 Ratify the Convention on the Elimination of All Forms of

Discrimination against Women and adopt a National Action Plan on Security

Council resolution 1325 on women, peace and security (Sweden);

140.12 Ratify the Optional Protocol to the Convention against Torture

(Guatemala) (Italy) (Togo) (Czech Republic) (Honduras) (South Africa)

(Lebanon) (Poland);

140.13 Consider ratifying the Optional Protocol to the Convention

against Torture (Ghana);

140.14 Ratify the international treaties to which the state is not yet party,

particularly the Convention against Torture, the Convention on the

Elimination of All Forms of Discrimination against Women and its Optional

Protocol, the Second Optional Protocol to the International Covenant on Civil

and Political Rights, aiming at the abolition of the death penalty (Madagascar);

140.15 Conclude the ratification of the remaining instruments in

particular the Convention against Torture, the International Convention for

the Protection of All Persons from Enforced Disappearance and the Convention

on the Elimination of All Forms of Discrimination against Women, which have

been pending since the 2011 review (Kenya);

140.16 Accede to the Optional Protocol to the Convention on the Rights

of the Child on a communications procedure (Albania);

140.17 Ratify the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Niger)

(Honduras) (Guatemala) (El Salvador);

140.18 Sign and ratify the International Convention for the Protection of

All Persons from Enforced Disappearance (Slovakia); ratify the International

Convention for the Protection of All Persons from Enforced Disappearance

(Honduras) (Niger);

140.19 Ratify the Convention against Discrimination in Education

(Congo);

140.20 As a way to strengthen article 69 of the 2010 Child Act, remove

from national legislation all forms of corporal punishment and abolish corporal

punishment in the penal system (Uruguay);

140.21 Repeal all laws that discriminate against women and girls and

ensure conformity with international standards (Iceland);

140.22 Adopt legislation prohibiting the dissemination of ideas and

expressions of racial hatred and violence against any group of persons

(Lithuania);

24 GE.16-11829

140.23 Reconsider amendments to the constitution, other laws and

policies that contradict with the Sudan’s international obligations, including

international human rights law and international humanitarian law (Slovakia);

140.24 Make progress towards the abolition of the crime of apostasy and

the elimination of other laws and practices contrary to freedom of religion

and/or belief (Spain);

140.25 Revise the 1991 Penal Code and abolish the penalization of

apostasy (Australia) (Italy);

140.26 Amend the National Security Act of 2010 to abolish the criminal

immunity enjoyed by security officers (Spain);

140.27 Reform the National Security Act (2010) so it adheres to

international standards, including by removing provisions that provide

National Intelligence and Security Service officers with immunity from

prosecution (United Kingdom of Great Britain and Northern Ireland);

140.28 Revisions to the National Security Act, which allows for civil and

criminal immunity for security forces in relation to serious human rights

violations and abuses committed in their official capacity, and those responsible

for serious human rights violations and abuses be held to account (Australia);

140.29 Amend the 2010 National Security Act, removing immunities

from members of the National Intelligence and Security Services and revoking

their powers of arrest and detention (Canada);

140.30 Review the National Security Act, in particular the extensive

powers granted to the National Intelligence and Security Services, to bring it in

line with international human rights law (Denmark);

140.31 Cooperate fully with United Nations and other international

human rights monitors to help promote accountability (United States of

America);

140.32 Concretize the visit of special procedures on racism and enforce

disappearances (Costa Rica);

140.33 Extend a standing invitation to all special procedures and respond

positively to pending visit requests (Iceland);

140.34 Extend a standing invitation to all special procedure mandate

holders (Latvia) (Lithuania) (Poland);

140.35 Cooperate fully with special procedures mandate holders and

UNAMID (Ukraine);

140.36 Review and amend legislation containing discriminatory

provisions towards women such as, inter alia, the Personal Status Law and the

Criminal Law, and adopt a national action plan on gender equality (Czech

Republic);

140.37 Pursue the objective of peace in Darfur in promoting especially

the rights of the minorities (Senegal);

140.38 Cease immediately aerial bombardments and allow free access for

humanitarian aid to areas of conflict so as to meet its obligations under

international law (Germany);

GE.16-11829 25

140.39 Allow unrestricted and independent humanitarian access to all

areas which are still affected by conflicts in order to make it possible to provide

assistance to civilians, in particular women and children (Italy);

140.40 That the Government ends violent suppression of protestors and

arbitrary detention of political activists and journalists (New Zealand);

140.41 Criminalize violence against women and girls, female genital

mutilation and marital rape (Iceland);

140.42 Adopt legislation to prevent and punish child marriage, by setting

18 as the legal age for marriage, for both women and men (Madagascar);

140.43 Raise the minimum age of marriage to 18 (Sierra Leone);

140.44 Investigate allegations of international humanitarian law and

human rights violations by armed and security forces in a prompt, transparent

and impartial manner and ensure that perpetrators of violations are brought to

justice (France);

140.45 Take immediate measures to conduct independent inquiries into

all human rights violations, including allegations of extrajudicial executions,

torture and other cruel, inhuman or degrading punishment or treatment, and

international humanitarian law, as well as to bring perpetrators to justice

(Switzerland);

140.46 Ensure that all allegations of torture and ill-treatment, as well as

mass rapes, and sexual and gender-bases violence are promptly, independently

and thoroughly investigated and to take all the necessary measures to bring

perpetrators to justice (Portugal);

140.47 Take measures to end and prevent attacks against civilians.

Conduct transparent investigations of allegations of human rights violations

and abuses, and hold perpetrators accountable (Canada);

140.48 Protect human rights in Darfur and the Two Areas, including by

ending violence, ensuring accountability for deaths and sexual violence,

granting humanitarian access, and allowing aid agencies and NGOs to

implement human rights programmes (United Kingdom of Great Britain and

Northern Ireland);

140.49 Take urgent steps to facilitate the work of human rights defenders

and civil society, including through guaranteeing freedom of expression and the

media and protection of all persons from intimidation, threats, attacks or

reprisals for seeking to cooperate with the United Nations; and through

allowing unimpeded humanitarian access to conflict affected populations, with

appropriate protection to humanitarian actors (Ireland);

140.50 Protect human rights defenders and journalists from violence and

arbitrary arrests, to address impunity for crimes against human rights

defenders and journalists and to notify the United Nations Educational,

Scientific and Cultural Organization of the status of the judicial inquiry into

the murder of journalists (Netherlands);

140.51 In relation to armed conflicts in Darfur, South Kordofan and Blue

Nile, with multiple attacks against the civilian population, take concrete

measures for the displaced population and in order to facilitate for

humanitarian access (Spain);

26 GE.16-11829

140.52 Restore the cessation of hostilities declaration that reduced

violence in Darfur and the Two Areas and facilitate immediate and unfettered

humanitarian access to conflict areas (United States of America);

140.53 Take all necessary steps to ensure full and unhindered access by

independent humanitarian organizations to civilians in need of assistance in

Darfur, Blue Nile and South Kordofan (Sweden);

140.54 Facilitate access to humanitarians in conflict zones (Congo).

141. The recommendations listed below were noted by the Sudan:

141.1 Ratify the two Optional Protocols to the International Covenant on Civil

and Political Rights (Honduras);

141.2 Ratify the Second Optional Protocol to the International Covenant on

Civil and Political Rights, aiming at the abolition of the death penalty

(Montenegro) (Albania); ratify the Second Optional Protocol to the

International Covenant on Civil and Political Rights (Uruguay);

141.3 Adopt an official moratorium aiming at the formal abolition of the death

penalty in the country and to ratify the Second Optional Protocol to the

International Covenant on Civil and Political Rights (Portugal);

141.4 Initiate the process of ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights with the view of definitely

abolishing the death penalty (Luxembourg);

141.5 Ratify without reservations the Convention on the Elimination of All

Forms of Discrimination against Women and its Optional Protocol and the

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of

Women in Africa (Austria);

141.6 Ratify the Convention against Torture and abolish the death penalty

(Costa Rica);

141.7 Ratify the Convention against Torture, and prohibit corporal

punishment, present in legislation, in the penal system (Spain);

141.8 Ratify the Rome Statute of the International Criminal Court

(Timor-Leste) (Honduras) (Slovakia);

141.9 Consider ratifying the Rome Statute of the International Criminal Court

(Ghana);

141.10 Accede to and fully align national legislation with the Rome

Statute of the International Criminal Court, including incorporating provisions

to cooperate promptly and fully with the Court as it is required to do under

Security Council resolution 1593 by executing outstanding arrest warrants

(Canada);

141.11 Ratify the Rome Statute of the International Criminal Court to

ensure accountability for, prevention of and justice for the victims of human

rights violations and fully cooperate with the International Criminal Court

(Latvia);

141.12 Ratify the Rome Statute and fully cooperate with the

International Criminal Court that those responsible for crimes under

international law are prosecuted and justice for the victims is guaranteed

(Lithuania);

GE.16-11829 27

141.13 Ratify the Rome Statute of the International Criminal Court and

fully cooperate with international mechanisms of accountability in order for

those responsible of international crimes to be brought to justice (Guatemala);

141.14 Repeal the constitutional amendment that transforms the

National Intelligence and Security Service into an entity with powers to arrest

and detain, and to launch, without delay, independent investigations into the

human rights violations committed by this Service (Germany);

141.15 Revise the National Security Act of 2010 to bring it into line with

international standards; in particular to end immunity provisions and to ensure

that human rights violations by armed forces, police and National Intelligence

and Security Service, including the Rapid Response Force, are investigated and

prosecuted (Norway);

141.16 Amend, without delay, the 2009 Press and Publications Act, to

bring it in line with international standards on press freedom and to ensure

that no provisions unduly restrict the rights of freedom of expression, assembly

and association, in conformity with the International Covenant on Civil and

Political Rights (Netherlands);

141.17 Adopt measures in the legislative and political spheres, including

appropriate budget allocation, to guarantee, prevent and eradicate

discrimination on religious grounds, ethnic composition, gender or sexual

orientation (Honduras);

141.18 Urgently review its criminal justice system, in particular to

criminalise torture and prohibit the use in courts of evidence obtained in

violation of the International Covenant on Civil and Political Rights; abolish

corporal punishment in the penal system; abolish the crime of apostasy;

implement the recently signed Action Plan to prevent the recruitment of

children in the national security forces; and address the impunity of police,

armed and national security forces, by amending the National Security Act

2010 to conform with the International Covenant on Civil and Political Rights

and through ratification of the Statute of the International Criminal Court

(Ireland);

141.19 Remove the criminal immunity of members of the police, armed

forces and national security forces, as enshrined within the National Security

Act of 2010 (Uruguay);

141.20 Commit to preventing further violence and human rights

violations in Darfur also through effective cooperation with all relevant

international bodies (Italy);

141.21 Push forward for the elimination of discriminatory provisions

affecting lesbian, gay, bisexual, transgender and intersex persons (Chile);

141.22 Halt and prevent attacks against civilians, including the use of

rape as a weapon of war, and to allow humanitarian access to all areas

(Austria);

141.23 Put an end to the death penalty (Congo);

141.24 Abolish immediately the death penalty (Slovakia);

141.25 Establish a moratorium on capital executions with a view to

abolishing the death penalty and to repeal all legislation that allows for the

application of corporal punishment (Italy);

28 GE.16-11829

141.26 Establish a formal moratorium on the use of the death penalty

with a view to ratifying the Second Optional Protocol to the International

Covenant on Civil and Political Rights (Australia);

141.27 Establish a moratorium on executions and reduce the number of

crimes punishable by the death penalty (Belgium);

141.28 Impose an immediate moratorium on the death penalty with a

view to abolishing it, and to ensure that it is never applied to persons under the

age of 18 (Austria);

141.29 Establish a moratorium on the death penalty and consider its

eventual abolition, especially and urgently in relation to the execution of

children under the age of 18 years (Mexico);

141.30 Consider imposing a moratorium on the death penalty with a view

to abolish it and to take measures to ensure that it is never applied to persons

under the age of 18 years (Namibia);

141.31 Establish a moratorium on the application of the death penalty

with a view to its abolition (Spain); establish a moratorium on the death

penalty as a first step towards complete abolition (France); introduce a

moratorium on death sentences with a view to abolishing the death penalty

(Georgia); consider establishing a moratorium on the death penalty with a view

to abolishing it (Sierra Leone);

141.32 Fully cooperate with international mechanisms of accountability,

including the International Criminal Court, in order to ensure that those

responsible for international crimes committed in Darfur are brought to justice

(Iceland);

141.33 Ensure that those suspected of being responsible for crimes under

international law in Darfur — particularly those within government security

and armed forces — are investigated and prosecuted before independent and

impartial courts, without resort to the death penalty (Liechtenstein);

141.34 Comply with Security Council resolution 1593 (2005) and fully

cooperate with the International Criminal Court (Liechtenstein);

141.35 Establish a commission of inquiry with national and international

members to examine all allegations of violations against women in various

regions of the country (Guatemala);

141.36 Ensure effective prosecution and accountability of perpetrators of

genocide, crimes against humanity and war crimes, and fully cooperate with

the International Criminal Court under relevant Security Council resolutions

(Austria);

141.37 Cooperate fully with the International Criminal Court

(Switzerland).

142. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

GE.16-11829 29

Annex

Composition of the delegation

The delegation of Sudan was headed by H.E. Dr. Awad Elhassan Elnour Khalifa,

Minister of Justice, and composed of the following members:

• H.E. Ambassador Dr. Mustafa Osman Ismail, Permanent Representative of Sudan to

the United Nations Office at Geneva;

• H.E. Ambassador Kamal Gubara, Deputy Permanent Representative of the Sudan to

the United Nations Office at Geneva;

• Mr. Salaheldin Abdalla, General Prosecutor, Ministry of Justice;

• Mr. Khalid Musa, Minister Plenipotentiary, Mission of Sudan, Geneva;

• Mr. Yasir Sidahmed, Rapporteur Advisory Council for Human Rights;

• Dr. Attiat Mustafa, Director, Unit for combating violence against women;

• Mr. Mohamed Yassin Eltohami, Deputy Commissioner for Refugees;

• Mr. Shazali Elhaj Mustafa Ahmed, Deputy Director, Department of Human Rights,

Ministry of Justice;

• Mrs. Omaima Alsharief, Deputy Director, Department of Human Rights, Ministry of

Foreign Affairs;

• Mrs. Khadiga Elfadil Mohammed, Legal Counsellor, Ministry of Justice;

• Dr. Mohmed Eltom Mohmed Elzein, Department of Planning and International

Health Programme, Ministry of Health;

• Mr. Khalid Kheiri Ahmed Kheiri, Head of the Minister of Justice executive office;

• Mr. Hamza Babiker Hamza, Legal Department, Ministry of Defence;

• Mr. Ahmed Hassan Sirelkhatm, Legal Department, Ministry of Interior;

• Mr. Amr Eltahir, Executive Committee member, Advisory Council for Human

Rights;

• Mr. Osman Hassan, Counsellor, Mission of Sudan, Geneva;

• Ms. Azza Mohammed Abdalla, Second Secretary, Mission of Sudan, Geneva.