5/6 Report on the situation of human rights in Darfur prepared by the group of experts mandated by Human Rights Council resolution 4/8
Document Type: Final Report
Date: 2007 Jun
Session: 5th Regular Session (2007 Jun)
Agenda Item:
GE.07-12819 (E) 080607
UNITED NATIONS
A
General Assembly Distr. GENERAL
A/HRC/5/6 8 June 2007
Original: ENGLISH
HUMAN RIGHTS COUNCIL Fifth session Item 2 of the provisional agenda
IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL”
Report on the situation of human rights in Darfur prepared by the group of experts mandated by Human Rights Council resolution 4/8 presided by the Special Rapporteur on the situation of human rights in the Sudan and composed of the Special Representative of the Secretary-General for children and armed conflict, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Representative of the Secretary-General on the situation of human rights defenders, the Representative of the Secretary-General on the human rights of internally displaced persons, the Special Rapporteur on the question of torture and the Special Rapporteur on violence against women, its causes and consequences*
* The annexes to the present report are circulated as received.
Summary
Mandated by Human Rights Council resolution 4/8 (“Follow up to decision S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled “Situation of human rights in Darfur”) the group of seven mandate holders (“experts group”) carried out their task of ensuring the effective follow-up and fostering the implementation of resolutions and recommendations on Darfur, as adopted by the Human Rights Council, the former Commission on Human Rights and other United Nations human rights institutions, as well as the task of promoting the implementation of relevant recommendations of the other United Nations human rights mechanisms, taking into account the needs of the Sudan, safeguarding the consistency of these recommendations and contributing to the monitoring of the human rights situation on the ground.
The experts group held two meetings in Geneva. During the first meeting the experts group discussed a methodology for implementation of resolution 4/8, reviewed all pre-existing human rights recommendations and identified priority areas. In addition, the experts group selected and synthesized a number of recommendations which could improve the human rights situation in Darfur. The Group also outlined steps to be undertaken in order to implement the recommendations in the short and medium terms, intended as 3 and 12 months, respectively. During the second meeting, the experts group reviewed the response of the Government of the Sudan, held consultations with an inter-ministerial delegation from Khartoum and decided about its conclusions and recommendations.
In its conclusions, the experts group reiterates its concern regarding the human rights situation in Darfur, expressed by the Human Rights Council in resolution 4/8. The Group urges the Government of the Sudan to implement without delay the recommendations it committed itself to put into practice and to continue its dialogue with the experts group on the implementation of other recommendations made by the Group.
The experts group also recommends that a review, to ascertain the level of implementation of human rights recommendations, take place three months after the publication of this report and that the results of such review be reported to the seventh session of the Human Rights Council.
The experts group further invites relevant United Nations bodies and agencies, including the Office of the High Commissioner for Human Rights, to provide the support and technical assistance to the extent necessary for the implementation of these recommendations, and called upon donors to provide funds for this support and technical assistance.
CONTENTS
Paragraphs Page
I. MANDATE ..................................................................................... 1 - 3 4
II. MEMBERSHIP ............................................................................... 4 4
III. METHODOLOGY .......................................................................... 5 - 10 4
IV. EXAMINATION OF HUMAN RIGHTS RECOMMENDATIONS ................................................................ 11 - 14 5
V. CONSULTATIONS WITH THE GOVERNMENT OF THE SUDAN .................................................................................. 15 - 27 6
VI. CONSULTATIONS WITH THE INTERNATIONAL COMMUNITY ................................................................................ 28 - 32 8
VII. CONSULTATIONS WITH THE AFRICAN UNION ................... 33 - 36 9
VIII. CONCLUSIONS ............................................................................. 37 - 42 10
IX. RECOMMENDATIONS ................................................................ 43 11
Annexes
I. Compilation of recommendations of the experts group to the Government of the Sudan for the implementation of Human Rights Council resolution 4/8 entitled “Follow-up to decision S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled ‘Situation of human rights in Darfur’” .................................................................................. 12
Appendix to Annex I
List of the relevant sources for recommendations on Darfur, as adopted by the Human Rights Council, the former Commission on Human Rights and other United Nations human rights institutions ......................................... 28
II. Reply to the recommendations of the experts group to the Government of the Sudan for the implementation of Human Rights Council resolution 4/8 entitled “Follow-up to decision S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled ‘Situation of human rights in Darfur’” .............................................................................. 36
I. MANDATE
1. Arising out of its deep concern over the ongoing violations of human rights and international humanitarian law in Darfur, the Human Rights Council adopted by consensus at its fourth session, on 30 March 2007, resolution 4/8 on the “Follow-up to decision S-4/101 of 13 December 2006 adopted by the Human Rights Council at its fourth special session entitled ‘Situation of human rights in Darfur’”.
2. Through its resolution 4/8, the Human Rights Council decided to convene a group of seven mandate-holders “to work with the Government of the Sudan, the appropriate human rights mechanisms of the African Union and to closely consult with the Chairman of the Darfur-Darfur Dialogue and Consultation (DDDC) to ensure the effective follow-up and to foster the implementation of resolutions and recommendations on Darfur, as adopted by the Human Rights Council, the former Commission on Human Rights and other United Nations human rights institutions as well as to promote the implementation of relevant recommendations of other United Nations human rights mechanisms, taking into account the needs of the Sudan in this regard, to safeguard the consistency of these recommendations and to contribute to monitoring the human rights situation on the ground” (para. 7).
3. The Human Rights Council requested the group of seven mandate-holders (the “experts group”) to report to its fifth session.
II. MEMBERSHIP
4. The experts group is presided over by Ms. Sima Samar, Special Rapporteur on the situation of human rights in the Sudan and is composed of Ms. Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict, Mr. Philip Alston, Special Rapporteur on extrajudicial, summary or arbitrary executions, Ms. Hina Jilani, Special Representative of the Secretary-General on the situation of human rights defenders, Mr. Walter Kälin, Representative of the Secretary-General on the human rights of internally displaced persons, Mr. Manfred Nowak, Special Rapporteur on the question of torture and other cruel, inhuman or degrading treatment or punishment and Ms. Yakin Ertürk, Special Rapporteur on violence against women, its causes and consequences. The experts group was supported by a secretariat appointed by the High Commissioner for Human Rights.
III. METHODOLOGY
5. The experts group convened two meetings in Geneva, from 24 to 27 April and from 23 o 25 May 2007. During the first meeting, the experts group’s terms of reference were adopted and Mr. Walter Kälin was appointed as rapporteur. Discussions focused on the interpretation of resolution 4/8, approaches for its implementation and related tasks; a common understanding regarding the mandate and a methodology for its implementation were identified and agreed upon.
6. During the second meeting, the experts group reviewed inputs submitted by the Government of the Sudan, held consultations in Geneva with an inter-ministerial delegation from Khartoum and decided about its conclusions and recommendations.
7. The experts group agreed on the following parameters in order to achieve its objectives: (a) Establishing cooperation and working in a transparent manner with the Government of the Sudan and other relevant partners within the international community;
(b) Identifying the obstacles to implementation of previous recommendations;
(c) Prioritizing recommendations and defining reachable steps that are tangible for the victims in the short and medium terms;
(d) Working at the technical level while identifying steps/benchmarks for implementation at a practical level.
8. As resolution 4/8 clearly indicates the need to work with existing recommendations, the experts group therefore reviewed resolutions and recommendations on Darfur, as adopted by the Human Rights Council, the former Commission on Human Rights, and other United Nations human rights organs and mechanisms. It concluded that the resolution does not request any fact-finding activities by the experts group, but its recommendations should contribute to monitoring the human rights situation on the ground by all relevant actors, including the United Nations Mission in the Sudan (UNMIS), as requested by the Human Rights Council in paragraph 8 of resolution 4/8.
9. While cognizant of the fact that implementation of aspects of some or all of the existing recommendations may have taken place, the experts group noted the deep concern expressed in resolution 4/8, regarding “the seriousness of ongoing violations of human rights and international humanitarian law in Darfur, including armed attacks on the civilian population and humanitarian workers, widespread destruction of villages, and continued and widespread violence, in particular gender-based violence against women and girls, as well as the lack of accountability of perpetrators of such crimes” as well as the Council’s consensus on the urgent and continuing need to focus on fostering implementation of existing recommendations in order to enhance the human rights situation in Darfur. Therefore, the experts group intended its task as a forward-looking exercise rather than an assessment of past situations and activities undertaken by the Government of the Sudan in implementing existing recommendations.
10. The experts group was unanimous in its understanding that, while recommendations which necessitate a longer timeline for effective implementation were, at this stage, not included in its work, those, as well as the existing body of other recommendations with a human rights content on Darfur, made by various United Nations mechanisms and beyond the immediate scope of the experts group’s mandate as per resolution 4/8, maintain their full validity.
IV. EXAMINATION OF HUMAN RIGHTS RECOMMENDATIONS
11. Based on the documentation examined according to resolution 4/8, the experts group identified priority areas which were clustered in a matrix under four main categories:
(a) Human rights protection; including protection of civilians and internally displaced persons; protection of women against violence; children and armed conflict; protection against summary executions, arbitrary detention, disappearances and torture; protection of witnesses and victims; and protection of human rights defenders;
(b) Humanitarian access; including protection of humanitarian workers from harassment and attacks; facilitating access to civilians, including those displaced;
(c) Accountability and justice; (d) Monitoring of implementation of recommendations.
12. The experts group selected and synthesized a number of recommendations for each priority area which, if implemented, could improve the human rights situation on the ground. At the same time, the experts group identified steps to be undertaken in order to implement the recommendations that can be considered as indicators of their accomplishment. Furthermore, and in order to facilitate implementation, a number of recommendations general in scope were reformulated into separate practical steps.
13. The experts group also assessed the length of time needed to implement each of the recommendations and classified them according to whether they can be implemented in the “short” and “medium” terms, intended as periods of 3 and 12 months, respectively. While it acknowledges that a three-month period is relatively short, it is of the opinion that its recommendations in this category either are immediately implementable (e.g. public statements) or concern first steps which, while being part of a longer process, can be taken in the short term.
14. The matrix with recommendations (annex I to this report) was submitted to the Government of the Sudan on 2 May. A list of the relevant sources for these recommendations (see appendix to annex I) was sent to the Government of the Sudan on 14 May. The experts group invited the Government of the Sudan to comment on the feasibility of the recommendations and requested a prima facie assessment of the contribution that the international community may provide, in terms of technical assistance, to facilitate the removal of obstacles hampering implementation of each of the recommendations. On 18 May, the Government of the Sudan replied in writing, including an appreciation of its requirements to implement the recommendations (annex II).
V. CONSULTATIONS WITH THE GOVERNMENT OF THE SUDAN
15. The experts group sought to work in a transparent and collaborative manner with the Government of the Sudan by keeping it informed at all times. The experts group noted the Government’s acknowledgment of serious human rights problems in Darfur and the urgent need to address them and its expressed willingness to cooperate towards achieving the objectives of resolution 4/8.
16. The experts group’s secretariat held an introductory meeting with the Permanent Mission of the Sudan in Geneva, on 18 April, and the experts group’s Chairperson met with representatives of the Permanent Mission, on 23 April, in order to introduce the work of the experts group.
17. While the Experts noted that the Permanent Representative of the Government of the Sudan to the United Nations in Geneva was in contact with the Secretariat and the chairperson during the week of 23 April, he was unable to meet with the Group until the afternoon of 26 April, when preliminary consultations were held via conference call with the State Minister
for Foreign Affairs - in charge of human rights - in Khartoum. The State Minister undertook to create a Committee within the Government of the Sudan, to study the recommendations compiled by the experts group and to facilitate contacts in Geneva, on 24 May, between an inter-ministerial delegation from Khartoum and the experts group.
18. On 24 May, the experts group met with the inter-ministerial delegation and representatives from the Permanent Mission of the Sudan to the United Nations in Geneva.1 The purpose of the meeting was to discuss the matrix of recommendations prepared by the experts group and the response of the Government towards developing a strategy for their effective implementation.
19. The consultations between the experts group and the Government of the Sudan were open and frank and a degree of progress was achieved. Opinions converged on a number of issues, while there was less convergence - or even clear differences - on others which will necessitate ongoing dialogue.
20. The Government of the Sudan agreed with a substantial number of recommendations although it was sometimes unclear what specific steps it will undertake to implement them. The delegation requested a change to the time frame for implementation and suggested that the short-term should be a period of six rather than three months. Furthermore, the Government of the Sudan considered that recommendations should not be based on factual assessments which the Government disagrees with, or which are outdated.
21. The experts group, considering that resolution 4/8 mandates the experts group to work with existing recommendations and does not require fact-finding, invited the Government of the Sudan to state clearly which recommendations it disagrees with or considers out of date. Furthermore, the experts group noted the Sudan’s request to extend the time frame for short-term recommendations to six months, but reiterated that it deems the three-month period sufficient, as most of those recommendations do not require lengthy administrative processes or additional resources to put them into practice, while others can be implemented immediately.
22. During the consultation with the Government of the Sudan, the experts group, while noting positive commitments and developments on aspects related to the protection of civilians, on measures to combat violence against women and to protect children, on revision of certain laws, on the need to increase the number of prosecutors in Darfur, to extend their presence on the ground and on possible mechanisms to monitor jointly the implementation of the
1 The inter-ministerial delegation was led by Mr. Abdeldaiem Zumrawi, Deputy Minister of
Justice, and included Dr. Hassabo Mohamed Abdelrahman, Commissioner for Humanitarian Assistance, Brigadier General Hassan Hamid Mohamed, Ministry of Defense, Dr. Atiyat Mustafa, member of Sudanese Human Rights Consultative Council and Director for combating violence against children and women, Ministry of Justice, Dr. Abdelmonim Osman M. Taha, Rapporteur of Sudanese Consultative Council on Human Rights. The delegation also included Ambassador Omar Dahab F. Mohamed, Deputy Permanent Representative, Mrs. Rahma Salih Elobeid, Minister Plenipotentiary, Salah Al Mubarak, Counsellor, Eqbal Mouhamad (2nd Secretary), Mouhamad Hassan (2nd Secretary), from the Permanent Mission of the Sudan to the United Nations in Geneva.
recommendations, underlined that these commitments must be specified as concrete time-bound actions. The experts group also welcomed the commitment of the Government to respond to all pending communications submitted by the special procedures of the Human Rights Council.
23. The experts group noted the Joint Communiqué on humanitarian access, of March 2007, but reiterated that the mere existence of an agreement or law is insufficient to ensure the rights of its beneficiaries, which can only be measured through improvements on the ground. At the same time, the experts group noted that the Government of the Sudan, while accepting the importance of implementing the Joint Communiqué and protecting humanitarian workers, disagreed with the experts group’s analysis of the seriousness of the situation on the ground. The experts group also noted the Government’s disagreement with the recommendation on the protection of humanitarian workers and humanitarian access as well as the recommendation to grant human rights monitors the ability to carry out unannounced visits to places of detention while giving assurances that visits to places of detention would be allowed whenever the necessary notification is provided to the relevant authorities.
24. The Sudanese delegation disagreed with the premise that the Government of the Sudan is under a legal obligation to cooperate with the International Criminal Court (ICC) because its national courts have reportedly investigated all allegations of war crimes and crimes against humanity. The Government further stated that whenever such allegations were found to be substantiated, the suspects have been sent to court and victims have been compensated.
25. The Government of the Sudan also clarified its position with regards accession to international conventions such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Optional Protocol to CAT, which were also included as recommendations in the matrix. While in principle the Government of the Sudan is reportedly not against ratification of these Conventions, and is indeed considering accession with certain reservations, the Government is unable to commit to ratify them within the recommended time frame because of the purported need to raise awareness in society and because the Government cannot anticipate the outcome of legislative procedures necessary to ratify them.
26. In conclusion, the experts group noted with satisfaction the expressed willingness of the Government to take steps to partially or fully implement or to continue implementing the following recommendations included in the annexed matrix: 1.1.1; 1.1.4; 1.1.5; 1.2.1; 1.2.2; 1.2.3; 1.2.4; 1.3.1; 1.3.2; 1.3.3; 1.4.1; 1.4.3; 1.4.4; 1.5.1; 1.6.1; 1.6.2; 2.2.3; 3.1; 3.2; 3.4; 3.5; 4.5; 4.6; 4.7.
27. The experts group is of the opinion that there is scope for a rapprochement of positions on other recommendations and therefore recommends continuing dialogue with the Government of the Sudan on these issues.
VI. CONSULTATIONS WITH THE INTERNATIONAL COMMUNITY
28. In order to facilitate a common understanding of the spirit of resolution 4/8, and also to ensure transparency, on several occasions the experts group briefed relevant partners of the international community in Geneva on progress made towards implementation of resolution 4/8.
29. On 23 April, Ms. Sima Samar had introductory meetings with representatives of the Permanent Mission of the Sudan in Geneva, the President of the Human Rights Council, the High Commissioner for Human Rights and senior officials of the Office of the High Commissioner for Human Rights.
30. Between 24 and 27 April, the experts group held a series of consultations with representatives of the diplomatic community, including the ambassadors of Algeria, Egypt, Germany, Ghana and Romania, as well as the Permanent Observer of the African Union and the ambassadors of Morocco and Mauritius, in their capacity as “troika” of the African Regional Group. The Ambassadors of China and South Africa were not immediately available to meet with the experts group. Representatives of the diplomatic community expressed support and gave valuable suggestions for the work of the experts group.
31. The experts group met, on different occasions, with the President of the Human Rights Council, to discuss methods of work and exchange views on the novel approach instituted by the Council and briefed the Bureau of the Human Rights Council twice on progress achieved.
32. The experts group received information from the United Nations Mission in the Sudan (UNMIS), the United Nations Children’s Fund (UNICEF), the United Nations Population Fund (UNFPA), the Office of the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) and conducted consultations, in person and via audio-conference, with international NGOs, Geneva-based Sudanese NGOs in addition to individual experts - including from Sudan - on Darfur. The interlocutors provided valuable information on the situation in Darfur, on priority areas of concern as well as on obstacles hampering implementation of existing recommendations.
VII. CONSULTATIONS WITH THE AFRICAN UNION
33. Resolution 4/8 specifically calls on the experts group to work with the African Union and its human rights mechanisms. Taking into account the important role of the African Union in the Abuja peace process and the need for all parties, including the non-signatories, to the conflict to adhere to and implement the Darfur Peace Agreement, the experts group considers these contacts to be of particular importance. On three occasions, the experts group held consultations with and briefed the African Union’s Permanent Observer in Geneva, together with the “troika” of the African Regional Group and in presence of the Permanent Mission of the Sudan.
34. The experts group also initiated contacts with the African Commission on Human and Peoples’ Rights (ACHPR) secretariat and its mechanisms; the Special Rapporteur on refugees and displaced persons in Africa communicated with the experts group via audio-conference on 27 April. While initial plans to organize a meeting between the Chairperson of the experts group and the ACHPR in Banjul could not been realized, a follow-up meeting between the Representative of the Secretary-General on the human rights of internally displaced persons and the ACHPR’s Special Rapporteur on Refugees, Internally Displaced and Migrants in Africa took place in Addis Ababa, on 11 May. On 16 May, the experts group submitted a statement to the opening meeting of the forty-first session of the ACHPR emphasizing the need to deepen cooperation on Darfur between the mechanisms of the ACHPR and the special procedures of the Human Rights Council.
35. On 23 May, an audio conference was organized between the experts group and the ACHPR Special Rapporteur on the Rights of Women in Africa, a Member of the Working Group on Robben Island Guidelines, the Special Rapporteur on Conditions of Detention and Prisons in Africa, the Special Rapporteur on Human Rights Defenders, the Special Rapporteur on Refugees, Internally Displaced Persons and Migrants in Africa, the Special Rapporteur on Freedom of Expression, as well as the Secretary of ACHPR. The objective of the consultation was to exchange views on means and methods of implementation of resolution 4/8. The mandate-holders of ACHPR expressed support for the work of the experts group and committed to continue cooperating with the mechanism established in resolution 4/8.
36. The Chairman of the Darfur-Darfur Dialogue and Consultation (DDDC) was also approached on several occasions. The experts group regrets that formal consultations could not yet take place as the required authorization from the African Union for such contacts between the Chairman of the DDDC and the experts group has not yet been granted.
VIII. CONCLUSIONS
37. The experts group shares the concern of the Council, expressed in its resolution 4/8, regarding the seriousness of ongoing violations of human rights and international humanitarian law in Darfur as well as the lack of accountability of perpetrators of such crimes.
38. The experts group believes that the approach chosen by the Human Rights Council through resolution 4/8 provides an opportunity for the Government of the Sudan to demonstrate its commitment to the protection of human rights in accordance with its obligations under international law.
39. The experts group welcomes the expressed commitment of the Government of the Sudan to work with the Council and the United Nations in order to implement pre-existing human rights recommendations and recalls that the current exercise can only be a starting point towards a betterment of the human rights situation in Darfur. While the commitments of the Government and the measures taken are crucial, it is the human rights situation on the ground which will provide the measurement of any improvement.
40. In this regard, the experts group underlines the importance of the work done by UNMIS human rights monitors and other actors in the field and reiterates that human rights monitors must have full and unimpeded access to all relevant areas, including all places where persons are deprived of their liberty as well as to investigation records, and be allowed to interview victims and detainees in private.
41. The experts group welcomes the opportunity to cooperate with the human rights mechanisms of the African Union, including the African Commission of Human and Peoples’ Rights and the Darfur-Darfur Dialogue and Consultation and reiterates the importance of those mechanisms to be fully engaged in the process outlined in resolution 4/8.
42. The experts group recalls that all parties involved in the conflict must stand up to their commitments and implement all pre-existing human rights recommendations issued by the United Nations and on all relevant actors involved to address, within the framework of the
implementation of the Abuja Peace Agreement and other appropriate forums, in a comprehensive manner all the obstacles hampering the improvement of the human rights situation in Darfur.
IX. RECOMMENDATIONS
43. The experts group recommends that the Human Rights Council:
(a) Urge the Government of the Sudan to implement, without delay, the recommendations of the experts group it committed itself to put into practice (para. 26 above); (b) Request the experts group to continue its dialogue with the Government of the Sudan on the implementation of other recommendations made by the Group;
(c) Request the experts group and other relevant actors to assist, upon its request, the Government of the Sudan to finalize a work plan for the implementation of these recommendations taking into account their short- and medium-term character;
(d) Invite relevant United Nations bodies and agencies, including the Office of the High Commissioner for Human Rights, to provide the support and technical assistance to the extent necessary for the implementation of these recommendations;
(e) Call upon donors to provide, on the basis of needs assessment, funds for this support and technical assistance;
(f) Request the experts group, to review three months subsequent to the presentation of this report to the Human Rights Council, with the full cooperation of the Government of the Sudan, in consultation with the appropriate human rights mechanisms of the African Union and after consultation with the Chairman of the Darfur-Darfur Dialogue and Consultation (DDDC), the level of implementation of these recommendations and to submit a report to the Human Rights Council, at the session subsequent to the completion of the period of three months. Such review should consider information provided by the Government of the Sudan, UNMIS, other United Nations agencies, programmes and human rights mechanisms as well as the African Union and its human rights mechanisms and other actors involved in human rights and humanitarian work in Darfur;
(g) Reiterate its call upon all parties to the conflict to put an end to all acts of violence against civilians, with a special focus on women and vulnerable groups such as children, the elderly and internally displaced persons, as well as humanitarian workers;
(h) Call upon the Government of the Sudan to ensure that all allegations of violations of human rights and international humanitarian law are duly investigated and that those found to be responsible are promptly brought to justice.
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RC/5/6 page 12 ANNEXES
Annex I
COMPILATION OF RECOMMENDATIONS OF THE EXPERTS GROUP TO THE GOVERNMENT OF THE SUDAN FOR THE IMPLEMENTATION OF HUMAN RIGHTS COUNCIL RESOLUTION 4/8 ENTITLED “FOLLOW-UP TO DECISION S-4/101 OF 13 DECEMBER 2006 ADOPTED BY THE HUMAN RIGHTS COUNCIL AT ITS FOURTH SPECIAL SESSION ENTITLED ‘SITUATION OF HUMAN RIGHTS IN DARFUR’”
1. HUMAN RIGHTS PROTECTION
RECOMMENDATION TIME FRAME
INDICATOR NEEDS OF SUDAN: See Annex II
1.1 Protection of the civilian population, including IDPs 1.1.1 Issue and enforce clear orders to the armed forces and
any militias under Government’s control that it is prohibited to make civilians or civilian objects (including cultivated land and livestock) the target of attacks or to launch indiscriminate attacks (including burning of villages and aerial bombardments); that such attacks can amount to war crimes and crimes against humanity, that suspects, including bearers of command responsibility, will be investigated and brought to justice, and that any immunities would be waived.
Short-term Orders issued and widely disseminated.
Number of such attacks reported that are attributable to Government forces or any allied militia.
1.1.2 Start to implement, in cooperation with the UN and AMIS, a plan to control and disarm the militia. Action should also be taken to control and downsize
Short-term Plan published.
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RECOMMENDATION TIME FRAME
INDICATOR NEEDS OF SUDAN: See Annex II
security forces such as the Popular Defense Forces (PDF), Border Intelligence Guard, Central Reserve Police, Popular Police or Nomadic Police. Ensure that members of these institutions are vetted to exclude members who have committed serious human rights violations and bring them to justice.
Action taken to control and disarm the militia and to control and downsize the PDF, Border Intelligence Guard, Central Reserve Police, Popular Police or Nomadic Police.
1.1.3 Take all necessary measures to avert the threat of and prevent attacks on civilians and intervene to protect populations under attack in all areas under Government control.
Short-term Number of attacks on civilians or civilian objects in areas under Government control. Effective action taken to avert the threat of and prevent attacks on civilians and to protect populations under attack.
1.1.4 Enforce the prohibition on the enforced and voluntary recruitment of children into armed groups. Register and follow-up on all reported cases.
Short-term Number of reported cases.
1.1.5 Set up effective regular police patrols to protect vulnerable populations in Darfur, supported by AMIS, including around IDP camps and villages. The needs assessment to decide on priorities should be done with the involvement of the community concerned to decide and agree on the most effective strategy of protection in those areas.
Mid-term Number of IDP camps and other vulnerable populations benefiting from regular and effective patrols.
Reduction in number of attacks in areas patrolled.
1.2 Protection of women against violence 1.2.1 Make the National Action Plan on Combating
Violence against Women publicly available. Report on implementation.
Short-term Plan published.
Level of Implementation.
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RECOMMENDATION TIME FRAME
INDICATOR NEEDS OF SUDAN: See Annex II
1.2.2 Publicly acknowledge and condemn violence against women and reaffirm that there will be zero tolerance for such crimes, and swift action to investigate, identify and prosecute perpetrators and compensate victims will be taken.
Short-term Public statements and no subsequent retractions.
Number of reported cases, followed by appropriate action which demonstrates the sincerity of the Government to combat impunity through investigation, prosecution of perpetrators and compensation.
1.2.3 Work in consultation with community members, including females, to set up or resume firewood patrols for IDP camps and villages.
Short-term Number of IDP camps benefiting from regular and effective firewood patrols.
Reduction in number of reported attacks on women in areas patrolled.
1.2.4 Make work plans for the State Committees to Combat Violence Against Women with clear objectives, targets & time-frames available to the public.
Short-term State committee work plans publicly available.
1.2.5 Issue and immediately enforce clear instructions to all authorities, including the armed forces, and any militia under the Government’s control that rape and other forms of sexual violence are prohibited; that they may amount to war crimes and crimes against humanity; that suspects, including bearers of command responsibility, will be investigated and brought to justice and that any immunities would be waived. Publish and widely disseminate these instructions.
Short-term Instructions issued and widely disseminated.
Number of incidents attributable to Government authorities or any militia under Government’s control.
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RECOMMENDATION TIME FRAME
INDICATOR NEEDS OF SUDAN: See Annex II
1.2.6 Ensure that women who experienced sexual violence have access to medical care, regardless of whether they choose to report their case to the police or not. Disseminate and promote compliance with Rules of Application to Criminal Circular No. 2 that removes this requirement. Entrust State Committees with the task of monitoring compliance and publicly reporting on it.
Ongoing Number of instances of non-compliance with Rules of Application to Criminal Circular No. 2.
1.2.7 Deploy women police officers to Darfur specially trained to deal with victims of sexual violence and other forms of violence against women.
Ensure that all investigating officers at least receive training on how to deal with VAW cases.
Mid-term Number of trained women policy officers deployed in IDP camps.
1.2.8 Review the current legal framework to address deficiencies and ensure its effectiveness in the prevention and prosecution of crimes of sexual violence.
Amend the definition of rape in Art. 149 of Criminal Act 1991 in a way ensuring that no links it to the substantive or evidentiary requirements of adultery or sodomy exist.
Reform law of criminal evidence to ensure that it is legally inadmissible to regard victim’s allegation of rape as a confession of adultery (Article 145 of Criminal Act 1991).
Mid-term Criminal Act of 1991 and other relevant legislation reformed.
Number of prosecutions of rape, appropriate sentences for perpetrators and reparation for victims.
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RECOMMENDATION TIME FRAME
INDICATOR NEEDS OF SUDAN: See Annex II
1.2.9 Ratify the Convention on the Elimination of All Forms of Discrimination against Women and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa.
Mid-term CEDAW and Protocol ratified.
1.3 Children and armed conflict 1.3.1 Establish and provide sufficient resources to Gender
and Child Units within the national police in Darfur as a matter of priority.
Short-term Gender and Child Units within the national police established and fully resourced.
1.3.2 Undertake timely adoption of national legislation for the protection of children, and ensure the implementation of this legislation.
Ensure the rigorous and systematic investigation and prosecution of violations against children to address the prevailing sense of impunity for such violations.
Mid-term Adoption of national legislation for the protection of children.
Number of cases of violations against children investigated and prosecuted.
1.3.3 Ensure that DDR Commissions have adequate child protection expertise, and ensure effective communication with relevant line ministries such as the Ministry of Social Welfare, Women and Children’s Affairs. The National DDR Coordination Council should facilitate the inclusion of all relevant stakeholders.
Mid-term Adequate child protection expertise within the DDR Commissions.
1.4 Protection against summary executions, arbitrary detention, disappearances, torture 1.4.1 Issue and enforce clear instructions to the law
enforcement agencies, the armed forces and any militias under the Government’s control that summary executions, arbitrary detention, enforced or
Short-term Instructions issued and widely disseminated.
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INDICATOR NEEDS OF SUDAN: See Annex II
involuntary disappearances and torture are illegal and will not be tolerated; that they can amount to war crimes and crimes against humanity, that suspects will be investigated and brought to justice and any immunities would be waived.
Number of reported incidents attributable to the Government.
1.4.2 Refrain from detaining anyone incommunicado.
Close all unofficial places of detention.
Ensure that all persons, including any civilians held by Military Intelligence and National Security are promptly brought before a judicial arrest following arrest and regularly thereafter.
Ensure that accessible, complete, accurate and fully up-to-date lists of detainees are kept, and shared with families of the detainees.
Refrain from detaining civilians in military installations.
Short-term No instances of secret or incommunicado detention reported.
Up-to-date lists of detainees available.
1.4.3 Issue and enforce clear instructions that detainees must be provided all guarantees provided for under international law to ensure they are being lawfully detained and have access to fair trial. This includes notification of reasons for arrest upon arrest, immediate access to a lawyer upon arrest, access to family members, and being presently promptly before a judicial authority.
Short-term Instructions issued and widely disseminated.
Number of incidents of denial of such guarantees.
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INDICATOR NEEDS OF SUDAN: See Annex II
1.4.4 Ensure institutional and legislative reform of the National Security Service in accordance with the CPA and Interim National Constitution. In particular, broad powers of arrest and detention should be reformed (art. 31 and art. 33 of the national security act) and judicial oversight mechanism established. Emergency laws should not grant security agencies broad powers to arrest and to restrict freedom of movement, assembly and expression.
Mid-term
National Security reformed in accordance with CPA.
Emergency laws repealed.
Number of incidents of harassment, arrests and detention by National Security.
1.4.5 Ratify Convention against Torture
Mid-term Ratification of CAT.
1.5 Protection of witnesses and victims 1.5.1 Ensure that human rights monitors have full and
unimpeded access to witnesses and victims of human rights violations, that witnesses and victims are not subjected to any violence, reprisals or harassment due to their cooperation with human rights monitors; and that all necessary and feasible measures are taken to protect witnesses and victims against violence, reprisals and harassment by third parties.
Short-term Number of reported incidents of non-compliance.
1.6 Protection of human rights defenders 1.6.1 Do not subject human rights defenders to arbitrary
detentions, physical abuse and harassment as a tool
Short-term Number of reported cases.
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for silencing their criticisms of human rights violations in the Darfur region and for providing legal assistance to victims.
1.6.2 Remove restrictions in the National Press Laws that can be used to threaten the work and independence of journalists acting as human rights defenders and bring them into line with the Interim Constitution, the International Covenant on Civil and Political Rights and other applicable international standards.
Short-term Reformed in accordance with the Interim Constitution, the International Covenant on Civil and Political Rights and other applicable international standards.
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2. HUMANITARIAN ACCESS RECOMMENDATION TIME
FRAME INDICATOR NEEDS OF SUDAN:
See Annex II 2.1 Protection of humanitarian workers from harassment and attack 2.1.1 Publicly express support for the role of humanitarian
workers in providing life-saving assistance to populations at risk.
Short-term Public declaration made; no subsequent retraction.
2.1.2 Assist aid organizations and workers who have been forced to suspend their work to return to their work areas and ensure their security on return.
Short-term Number of aid workers allowed to return.
2.1.3 Do not use any vehicle or aircraft markings that might blur the line between humanitarian operations and government military operations.
Short-term No such incidents reported.
2.1.4 Do not subject humanitarian workers to arbitrary detentions, physical abuse, sexual assaults, and harassment. Issue clear written instructions to instruct authorities at all levels, including military, and any militias under the Government’s control in this regard. Publish and widely disseminate these instructions.
Short-term Instructions issued and widely disseminated.
Number of reported incidents of harassment or attacks on humanitarian workers.
2.2 Facilitating access to civilians, including those displaced 2.2.1 Respect and fully implement the Status of Forces
Agreement (SOFA), the Moratorium on Restrictions of Humanitarian Work in Darfur, agreed with the United Nations in 2004, and the Joint Communiqué between the Government of the Sudan and the Deputy SRSG on Facilitation of Humanitarian Activities in Darfur 2007.
Short- and Mid-term
Number of instances of non-compliance with the commitments made therein.
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2.2.2 Ensure that aid workers have access to people not only in camps but in remote villages that have been cut off from aid supplies by fighting.
Mid-term Percentage of areas under government control being off-limit for international humanitarian organizations.
2.2.3 Reform the Organization of Voluntary and Humanitarian Work Act of 2006 so as to not restrict the work of groups through unnecessary procedural requirements confined definitions of what humanitarian organizations should do, and lack of judicial oversight of decisions by Ministry of Humanitarian Affairs and HAC.
Mid-term Reformed in accordance with the Interim Constitution, the United Nations Declaration on Human Rights Defenders and other relevant international standards.
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3. ACCOUNTABILITY AND JUSTICE RECOMMENDATION TIME
FRAME INDICATOR NEEDS OF SUDAN:
See Annex II 3.1 Carry out thorough investigations, in accordance with
relevant international standards, into all reported cases of human rights abuses and breaches of international humanitarian law, including allegations of torture, violence against women, arbitrary detentions and killings, including incidents which have been reported publicly by the Office of the High Commissioner for Human Rights, in particular in the following cases:
• Attacks in Bulbul area, South Darfur, in January-March 2007 with involvement of Border Intelligence Guards and other government forces.
• Attacks on the village of Deribat and eight other villages along the road from Kutur to Deribat in late December 2006 with involvement of government forces and allied militia.
• Killing of civilians in the area of Buram, South Darfur, in October 2006.
• Arrests of at least 19 Massalit men in Gereida, South Darfur, in September 2006 by soldiers of the Special Presidential Assistant and Chairman of the Transitional Darfur Regional Authority Minni Minnawi.
Short-term
Number of investigations;
Number of prosecutions;
Number of convictions.
Number of perpetrators, especially those with command responsibility prosecuted.
Findings of investigation committees made public.
Number of compensated and rehabilitated victims.
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• Attacks on villages around Jebel Moon area on 29 October 2006 and the failure of the Sudanese Armed Forces to prevent the attack or protect the population during the attacks.
• Law enforcement operation on NGO compounds on 19 January 2007 in Nyala with 20 United Nations, NGO and AMIS staff arrested, physically and verbally abused, including 2 cases of sexual assault.
• Attack on 4 NGO compounds in Gereida by SLD/Minni Minnawi forces on 18 December 2006 with 12 vehicles stolen and allegedly 7 aid workers raped.
Provide information on thorough and transparent investigations undertaken into the allegations of torture brought to the Government's attention by the Special Rapporteur on torture, in particular those contained in the reports E/CN.4/2006/6/Add.1, and A/HRC/4/33/Add.1.
In cases where investigation committees were established, make public their findings.
Take legal action against the perpetrators and especially against those with command responsibility. Immunities should be waived in such cases.
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Take appropriate disciplinary action against police and other officials who fail in their primary responsibility to protect civilians.
Compensate and rehabilitate victims.
3.2 Ensure that there are no laws that provide legal immunities for state agents for human rights violations; in particular, repeal article 33 National Security Forces Act of 1999 (criminal and civil immunity), and article 46 of the 1999 Police Forces Act (immunity for police on official duty).
As long as immunity laws are in force, the responsible authorities should issue a blanket waiver for immunities for war crimes and crimes involving torture, violence against women, arbitrary detention, enforced and arbitrary disappearances and extrajudicial killings in Darfur or in relation to the situation in Darfur.
Short-term Legal immunities for armed state agents abolished.
Blanket waiver issued.
3.3 Fully cooperate with the International Criminal Court mandated by the Security Council to investigate and prosecute international crimes committed in Darfur.
Short-term Number of alleged perpetrators of international crimes committed in Darfur handed over to the international criminal court.
3.4 Start to review the compatibility of domestic legislation with the interim national constitution and bill of rights, and harmonize laws with Sudan’s obligations under international human rights law.
Short-term
Mid-term
Number of laws reformed in accordance with international human rights law.
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Undertake legal reform to include, especially, National Security Act, Police Act, Emergency Laws, Armed Forces Act.
3.5 Ensure the effective functioning of judicial and legislative oversight mechanisms. Ensure there are sufficient numbers, resourced, and trained prosecutors to meet the demands of justice in all three Darfur States.
Ensure that the law enforcement and the judiciary in Darfur is adequately financed, reformed in accordance with international standards and staffed with professionals.
Mid-term Judicial and oversight mechanisms in place. Number of resourced and trained prosecutors in the three Darfur states. Number of resourced and trained police in Darfur.
Action taken to reform law enforcement and the judiciary in accordance with international standards.
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4. MONITORING OF IMPLEMENTATION OF RECOMMENDATIONS RECOMMENDATION TIME
FRAME INDICATOR NEEDS OF SUDAN:
See Annex II 4.1 Establish a National Human Rights Forum where
relevant members of the international community, including the United Nations, and the Government can openly discuss human rights issues, concerns, trends, recommendations, and actions taken by the Government on specific cases and more generally to improve the human rights situation in Darfur.
Short-term National Human Rights Forum established and functioning.
4.2 Give the United Nations human rights monitors full access to the investigation records, allow them to interview victims in private, and brief them on at least monthly basis on progress made in each investigation.
Short-term UN Human Rights monitors granted full access to the investigation records, allowed to interview victims in private, and provided monthly reports on progress made in each case.
4.3 Grant the United Nations human rights monitors full and unimpeded access to all those detained in Darfur or in other parts of the Sudan in relation to the Darfur conflict, including national security installations and military bases. Make a public declaration that full and unimpeded access has been granted and send a written order to all authorities to grant access.
Short-term Number of reported incidents of non-access.
4.4 Issue a standing invitation to all human rights mechanisms (whether standing or ad hoc) of the United Nations and the African Union to investigate the situation in Darfur and give these mechanisms full and unimpeded access to the Darfur region.
Short-term Standing invitation extended no subsequent obstructions of full and unimpeded access.
Number of responses received.
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Respond to all communications regarding cases addressed to the Government by special procedures of the United Nations.
4.5 Set up systems for documentation and recording of violations of human rights and ensuring access for human rights defenders to this information.
Ensure the effective functioning of documentation centers within the human rights units of the Ministries of the Interior, Defense, Welfare and others.
Mid-term Systems in place and documentation centers functioning effectively.
4.6 Evaluate, together with the United Nations, the functioning of the State Committees to Combat Violence Against Women, the implementation of their work plans as well as the implementation of the National Action Plan.
Mid-term Evaluation conducted and made public.
4.7 Establish an Independent National Human Rights Commission in accordance with the Paris Principles and with a dedicated mandate, resources and capacity to address the situation in Darfur.
Short-term NHRC in accordance with Paris Principles established.
4.8 Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Medium term
OP-CAT ratified.
Appendix to Annex I
List of the relevant sources for recommendations on Darfur, as adopted by the Human Rights Council, the former Commission on Human Rights and other United Nations
human rights institutions
1. HUMAN RIGHTS PROTECTION
1.1 Protection of the civilian population, including IDPs
• Human Rights Council Resolution .4/8 - 4
• Commission on Human Rights Resolution 2005/82 Situation of Human Rights in the Sudan para. 2(b)
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan- 3(d)
• Commission on Human Rights Resolution 2004/128- Situation of Human Rights in the Sudan- 9
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 21, para. 85 (a) (i)
• Report of the Representative of the Secretary-General on the human rights of internally displaced persons, Mission to Darfur, E/CN.4/2005/8, para. 41
• Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Ms. Asma Jahangir, e 2005 7/add2 para. 59 Mission to Sudan
1.1.1
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-4(b),(c) and 2(c)
• Commission on Human Rights Resolution 2004/128- Situation of Human Rights in the Sudan 5
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b), (v)
• Report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights, Situation of human rights in the Darfur region of the Sudan, E/CN.4/2005/3 (7 May 2004), para. 102.
1.1.2
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-2 (b) , 4 (d)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (v)
1.1.3
• Report of the Representative of the Secretary-General on the human rights of internally displaced persons, Mission to Darfur, E/CN.4/2005/8, para. 41
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-3(i)
• S/2006/662; Report of the Secretary-General on children and armed conflict in the Sudan (17 August 2006), para. 57
1.1.4
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-4(e)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (v)
• Fifth periodic report of the High Commissioner for Human Rights, Killings of civilians by militia in Buram locality, South Darfur (6 October 2006), para. 27
1.1.5
1.2 Protection of Women against Violence
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006), para. 9
1.2.1
• Commission on Human Rights 2005/82- Situation of Human Rights in the Sudan- 2 (b), 3 (d)
• OHCHR, Sexual violence during attacks on villages in East Jebel Marra, Darfur (6 April 2007)
1.2.2
• Commission on Human Rights 2005/82- Situation of Human Rights in the Sudan- 4 (e) • Report of the Special Rapporteur on the situation of human rights in the Sudan
(11 January 2006), (E/CN.4/2006/111) para. 81
1.2.3
• Special Rapporteur on the situation of human rights in the Sudan report to the General Assembly (20 September 2006) A/61/469, p. 22 para. 85(b) (vii)
1.2.4
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-3(d) and 4(b)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (a) (i)
• OHCHR, Sexual violence during attacks on villages in East Jebel Marra, Darfur (6 April 2007)
1.2.5
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006), para. 9
1.2.6
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan -3(d)
• Fifth periodic report of the High Commissioner for Human Rights, Killings of civilians by militia in Buram locality, South Darfur (6 October 2006), para. 27
• Statement by the Special Rapporteur on the situation of human rights in the Sudan 27/10/05 (A/60/STAT/SAMAR)
1.2.7
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (iii) (vii)
• Fourth periodic report of the High Commissioner for Human Rights, Deepening crisis in Darfur two months after the Darfur Peace Agreement: an assessment (26 July 2006) pg. 19
1.2.8
• Commission on Human Rights 2001/18 - Situation of Human Rights in the Sudan • Commission on Human Rights 2002/16 - Situation of Human Rights in the Sudan • Report of the Special Rapporteur on the situation of Human Rights in the Sudan-
20 September 2006- A/61/469 page 23, para. 85 (b)
• Report of the Special Rapporteur on violence against women, its causes and consequences, Yakin Ertürk, Mission to the Darfur region of the Sudan, E/CN.4/2005/72/Add.5 (23)
1.2.9
1.3 Children and Armed Conflict
• Commission on Human Rights, Resolution 2005/82 para. 3
• Report: 20 April 2007 – SRSG on Children and Armed Conflict
1.3.1
• Commission on Human Rights, Resolution 2005/82 para. 3(i)
• Report: 20 April 2007 – SRSG on Children and Armed Conflict • Committee on the Rights of the Child, CRC/C/15/ADD. 9 October 2002- 190 - page 3
11.a- 15.b
• Committee on the Rights of the Child, CRC/C/15/ADD. 9 October 2002- 190 - page 15- 60(a); 60(g)
1.3.2
• Commission on Human Rights, Resolution 2005/82 para. 3
• Report: 20 April 2007 – SRSG on Children and Armed Conflict
1.3.3
1.4 Protection against Summary Executions, Arbitrary Detention, Disappearances, Torture
• Commission on Human Rights Resolution, Situation of human rights in the Sudan E/CN.4/2005/82, para. 4(b)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 21, para. 85 (a) (i)
• Report of the Special Rapporteur Extrajudicial, summary or arbitrary executions, Ms. Asma Jahangir, Mission to the Sudan, 6 August 2004 (E/CN.4/2005/7/Add.2), para. 60
1.4.1
• OHCHR, Enforced Disappearance of Massalit men arrested in South Darfur (6 April 2007)
• Report of Emmanuel Akwei Addo, independent expert on the situation of human rights in SudanE/CN.4/2005/11; (28 Feb 2005) para. 66
• Statement of the Special Rapporteur on the situation on human rights in the Sudan, 27/10/05 (A/60/STAT/SAMAR)
1.4.2
• Report of Emmanuel Akwei Addo, independent expert on the situation of human rights in Sudan E/CN.4/2005/11; (28 Feb 2005) para. 63,64
1.4.3
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (i)(iii)
• Fourth periodic report of the High Commissioner for Human Rights, Deepening crisis in Darfur two months after the Darfur Peace Agreement: an assessment (26 July 2006) pg. 20
1.4.4
• Report of Emmanuel Akwei Addo, independent expert on the situation of human rights in Sudan E/CN.4/2005/11; (28 Feb 2005) para. 70
• Report of the Special Rapporteur on the situation of human rights in the Sudan, 11 January 2006, E/CN.4/2006/111, para. 81
• Report of Emmanuel Akwei Addo, independent expert on the situation of human rights in Sudan E/CN.4/2005/11; (28 Feb 2005) para. 72
1.4.5
1.5 Protection of Witnesses & Victims
• Human Rights Council decision s-4/101 (13/12/06)-3
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-3.(c), 3(g),4(b),4(g),4(h)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (i)
1.5.1
• Statement of Special Rapporteur on the situation of human rights in the Sudan, 27/10/05 (A/60/STAT/SAMAR)
1.6 Protection of Human Rights Defenders
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-,4 (b),(g) and (h)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (i)
• Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General (25 January 2005)
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006), para.10
1.6.1
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (iii)
• Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General (25 January 2005)
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006), para.10
• Fourth periodic report of the High Commissioner for Human Rights, Deepening crisis in Darfur two months after the Darfur Peace Agreement: an assessment (26 July 2006) pg. 20
1.6.2
2. HUMANITARIAN ACCESS
2.1 Protection of humanitarian workers from harassment and attack
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-3 (c) and (g)
2.1.1
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan-3 (c) and (l)
2.1.2
• Commission on Human Rights Resolution, Situation of human rights in the Sudan, E/CN.4/2005/82, para. 3(c)
2.1.3
• HRC res. 4/8 Follow up to decision S-4/101 of 13 December 2006 -4. Commission on Human Rights res. 2005/82- Situation of Human Rights in the Sudan-3(l)
2.1.4
• Report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights, Situation of human rights in the Darfur region of the Sudan, E/CN.4/2005/3 (7 May 2004), para. 98.
2.2 Facilitating access to civilians, including those displaced
• Commission on Human Rights Resolution, Situation of human rights in the Sudan E/CN.4/2005/82, para. 3(c)
2.2.1
• Commission on Human Rights Resolution, Situation of human rights in the Sudan, E/CN.4/2005/82, para. 3(c, g), 4 (e)
• Report of the Representative of the Secretary-General on the human rights of internally displaced persons, E/CN.4/2006/71 Add 6; (13 Feb. 2006) para. 71 (a)
2.2.2
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (i) (iii)
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006), para.10
2.2.3
3. ACCOUNTABILITY AND JUSTICE
• Human Rights Council decision S-4/101 situation of human rights in Darfur -3 • Commission on Human Rights 2005/82- Situation of Human Rights in the Sudan- 4 (b ) • Report of the Special Rapporteur on the situation of Human Rights in the Sudan-
20 September 2006- A/61/469 page 22, para. 85 (b) (x)
• Special Rapporteur on torture, E/CN.4/2006/6/Add.1, and A/HRC/4/33/Add.1
• Fourth periodic report of the High Commissioner for Human Rights, Deepening crisis in Darfur two months after the Darfur Peace Agreement: an assessment (26 July 2006) pg. 19
• Fifth periodic report of the High Commissioner for Human Rights, Killings of civilians by militia in Buram locality, South Darfur (6 October 2006), para. 27
• Sixth periodic report of the High Commissioner for Human Right, 29 October 2006: Attack on Villages around the Jebel Moon Area (3 November 2006), para. 9
3.1
• Report of Emmanuel Akwei Addo, independent expert on the situation of human rights in Sudan E/CN.4/2005/11; (28 Feb 2005) para. 67
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (iii)
3.2
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan- 3 (f), 4 (b)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan to the General Assembly, 20 September 2006 A-61 469, p.22 para. 85 (b)
• Fourth periodic report of the High Commissioner for Human Rights, Deepening crisis in Darfur two months after the Darfur Peace Agreement: an assessment (26 July 2006)
3.3
• Commission on Human Rights 2001/18- Situation of Human Rights in the Sudan • Commission on Human Rights 2002/16- Situation of Human Rights in the Sudan • Report of the Special Rapporteur on the situation of Human Rights in the Sudan-
(11 January 2006), (E/CN.4/2006/111) para.81
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (iii)
• Second Periodic Report of the High Commissioner for Human Rights on the Human Rights Situation in the Sudan (27 January 2006) pg 5
• Statement of Special Rapporteur on the situation of human rights in the Sudan, 27/10/05 (A/60/STAT/SAMAR)
3.4
• Commission on Human Rights 2005/82- Situation of Human Rights in the Sudan- 4, 9 (e), (g),(h)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (v)
• Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General (25 January 2005)
3.5
4. MONITORING OF IMPLEMENTATION OF RECOMMENDATIONS
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006), para.7
4.1
• Commission on Human Rights Resolution 2005/82- Situation of Human Rights in the Sudan- 3 (g)
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006)
4.2
• Commission on Human Rights Resolution, Situation of human rights in the Sudan E/CN.4/2005/82, para. 3(h)
4.3
• Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General (25 January 2005)
• Statement of Special Rapporteur on the situation of human rights in the Sudan, 27/10/05 (A/60/STAT/SAMAR)
• Commission on Human Rights Resolution, Situation of human rights in the Sudan E/CN.4/2005/82, para. 3
• HRC decision s-4/101 situation of human rights in Darfur -4
4.4
• Compilation of developments for the situation of human rights defenders since 2000 (E/CN.4/2006/95/add.5), para. 1495 )
4.5
• Commission on Human Rights Resolution, 2005/82 para.2 (b) and 3(d)
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 22, para. 85 (b) (vii)
• Third periodic report of the High Commissioner for Human Rights on the human rights situation in the Sudan (April 2006), para. 9
4.6
• Report of the Special Rapporteur on the situation of human rights in the Sudan to the General Assembly A/61/469 (20 Sept 2006); para. 85, (xii)
• Committee on the Rights of the Child- CRC/C/15/ADD. 9 October 2002- 190 - page 4- 17.a.
4.7
• Report of the Special Rapporteur on the situation of Human Rights in the Sudan- 20 September 2006- A/61/469 page 23, para. 85 (b) (xiii)
• Report of Emmanuel Akwei Addo, independent expert on the situation of human rights in SudanE/CN.4/2005/11 (28 Feb 2005) para. 70
• Report of the Special Rapporteur on the situation of human rights in the Sudan, 11 January 2006, E/CN.4/2006/111, para. 81
• Report of Emmanuel Akwei Addo, independent expert on the situation of human rights in SudanE/CN.4/2005/11 (28 Feb 2005) para. 72
4.8
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Annex II
REPLY TO THE RECOMMENDATIONS FROM THE UNITED NATIONS EXPERTS GROUP ON DARFUR TO THE GOVERNMENT OF THE SUDAN FOR THE IMPLEMENTATION OF HUMAN RIGHTS COUNCIL RESOLUTION 4/8 ENTITLED “FOLLOW-UP TO DECISION S-4/101 OF 13 DECEMBER 2006 ADOPTED BY THE HUMAN RIGHTS COUNCIL AT ITS FOURTH SPECIAL SESSION ENTITLED ‘SITUATION OF HUMAN RIGHTS IN DARFUR’”
1. Human rights protection 1.1 Protection of the civilian population, including IDPs
Para. Action Time frame Needs of the Sudan 1.1.1 The Government of the Sudan is committed to taking any
action likely to guarantee citizens greater protection and to ensure recognition of, and respect for, human rights. Any attack upon civilians is an attack upon human life and human dignity. These rights are safeguarded and protected under articles 28 and 29 of the Interim Constitution of the Sudan of 2005 and the Sudanese Criminal Code of 1991. Such attacks may also amount to war crimes, crimes against humanity or the crime of genocide under the Armed Forces Act of 2007, which was submitted to the legislature this week to replace the Armed Forces Act of 1986. Protection of civilian populations is part of the international humanitarian law curriculum used for training the armed forces at all levels. In order to strengthen this protection, several presidential decrees have been issued, namely:
Short-term The Government of the Sudan should like support in the following areas:
1. Assistance in providing external training for 30 persons on international humanitarian law and the protection of civilians.
2. The organization of a course for 100 officers on the same topics to be held in the Sudan in conjunction with the Sudanese National Committee for International Humanitarian Law.
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Para. Action Time frame Needs of the Sudan 1. Decree No. 11, on opening police stations in IDP camps
and enhancing security measures in the states of Darfur (4 July 2004);
2. Decree No. 3, on assistance for committees of the African monitoring unit (4 July 2004);
3. Decree No. 4, on the deployment of the armed forces, police forces and the security services in the states of Darfur in order to establish security and protect citizens and property in Darfur (4 July 2004);
4. Decree No. 15, on facilitating fact-finding processes relating to human rights violations by armed groups in the states of Darfur (4 July 2004);
5. Decree No. 16, on facilitating the work of African Union observers overseeing the ceasefire (4 July 2004).
- As confirmation of the above-mentioned approach, the authorities responsible for the armed forces have issued orders and instructions prohibiting the targeting of civilians or civilian property by military attacks and to make sure perpetrators of such acts will be brought to book.
- Investigation panels were set up to investigate the mistaken bombing and the victims were compensated. The State is committed to using the same approach.
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Para. Action Time frame Needs of the Sudan 1.1.2 The legal framework used by the African Union, the
Government of the Sudan and the United Nations to monitor the execution of militia disarmament plans is:
(a) The N’Djamena Agreement of April 2004; (b) The decision adopted by the Assembly of the African Union at its summit held in Addis Ababa on 8 July 2004;
(c) The Abuja Protocol of 9 November 2004 on the enhancement of the security situation in Darfur;
(d) The Darfur Peace Agreement of 5 May 2006.
Pursuant to these instruments, a joint committee was established, comprising representatives of the African Union, the Government and the movements which had signed the Peace Agreement was established and the Government submitted its militia disarmament plan to the African Union on 7 June 2006, according to with the deadline specified in the Protocol on Security Arrangements. The delegation of the Sudan will present this plan when it meets the Experts Group and will submit another report on what has been and what will be implemented.
Mid-term - High-quality means of transport
- Communications equipment
- Capacity-building for persons implementing disarmament activities
- Funding
The obstacles to implementation of the plan by the African Union are lack of funding, lack of donor commitment, the continuing refusal by some movements to accede to the Peace Agreement and the steady flow of arms into the region from certain neighbouring States. Hence, the Government of the Sudan calls on the international community to implement this plan.
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Para. Action Time frame Needs of the Sudan As a sign of good faith, the Government dismantled a number of checkpoints jointly manned by government and African Union forces in the town of Kas and it disarmed citizens, taking away various pieces of weaponry and ammunition. This operation is described in a report by Mr. Alfa Omar Kunari, Chairman of the African Union Mission, which was submitted to the Peace and Security Council of the African Union at its meeting held on 20 September 2006.
1.1.3 - Continuation and improvement of joint courses with the African Union
- Prevention of any attacks targeted at civilians
- Providing means of transport for the three states of Darfur
Mid-term Support for African Union forces, based on their declared needs.
1.1.4 Under Sudanese law the age of recruitment is 18 years. Consistent with this approach, the Sudan has signed and ratified the Optional Protocol to the Convention on the Rights of the Child, which prohibits the involvement of children in armed conflict and sets the age of recruitment at 18 years. This condition is also spelt out in article 14 of the Armed Forces Act. It is an offence to recruit a person below this age and severe penalties are prescribed therefor in article 182 (2) of the same Act. The Government will ensure compliance with these provisions.
Short-term The Government will present a proposal on support from the international community with the following:
- Modern communications equipment
- Capacity-building
- Computer equipment
- Photographic equipment, printers and photocopiers
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Para. Action Time frame Needs of the Sudan The Sudanese armed forces have mechanisms to follow up on and implement the Act.
- Creation of networks linking state units to the centre, in the three states of Darfur in particular, and to other states of the Sudan
1.1.5 The Government of the Sudan will endeavour to ensure the success of joint operations with the African Union and to strengthen the mechanism for cooperation and coordination between the police and the African Union in the areas of peacekeeping, the adoption of preventive measures and the protection of civilians. The Government of the Sudan will work together with the African Union to establish a community police force to improve internal camp security and protection of camp perimeters. This will be done according to the memorandum of understanding between the Sudanese Ministry of the Interior and the African Union Mission.
Mid-term The Government of the Sudan will present a detailed proposal on support from the international community with the following:
- Means of transport
- Communications equipment
- Personnel training and skills development
1.2 Protection of women against violence
1.2.1 1. The Government will print and distribute the plan.
2. The Government will hold a number of informational workshops on the plan.
3. The Government will disseminate the plan through the various information media.
Short-term The Government of the Sudan needs the support of the international community in the following areas:
- Printing and publishing
- Training doctors about the Protocol
- Financing of the media plan
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Para. Action Time frame Needs of the Sudan 4. In October 2004, the Minister of Justice issued Circular No. 2, concerning official form No. 8, guaranteeing victims the unconditional right to treatment subject to the conditions spelt out in official form No. 8. The Government of the Sudan will endeavour to verify compliance with the contents of this circular.
5. Three workshops to raise awareness of, and explain the contents of, Circular No. 2 were held respectively in Niyala, Fashir and Janinah in May 2006. The Government will hold similar events in the main towns and villages of the three states of Darfur.
6. The Government of the Sudan will endeavour to help women’s committees to investigate rapes in the three states of Darfur, pursuant to an order from the Minister of Justice, articles 2 to 6 of the agreement between the Government of the Sudan and the Secretary-General of the United Nations and article 20 of the Code of Criminal Procedures of 1991. These committees comprise representatives of the judiciary, the Ministry of Justice and the police.
7. A workshop in the state of South Darfur was held from 10 to 11 December 2005 in cooperation with the United Nations Mission in the Sudan (UNMIS). It was attended by a total of 62 participants representing respectively the police, the security services, the prosecution service, the Ministry of Social Welfare, the armed forces, lawyers, religious leaders, the media, civil society organizations and judicial bodies. A workshop
- Training of different groups on violence (doctors, the police, law enforcers and international organizations)
- Financing of training projects, capacity-building and development of women’s skills in the states of Darfur
- Building the capacity of civil society organizations to assist women and children
- Disseminating the plan more widely via a wide range of information media: newspapers, workshops, Internet, local and world radio and television programmes and printed matter
- The estimated budget for international community aid is $750,000 for each state of the Sudan.
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Para. Action Time frame Needs of the Sudan was also held in Janinah in West Darfur, from 17 to 18 December 2005, and was attended by representatives of UNMIS, international voluntary organizations, civil society organizations and the Humanitarian Aid Commission. The Government of the Sudan will hold similar workshops in the three states of Darfur.
8. A number of seminars were held to mark the International Day for the Elimination of Violence against Women on 16 May 2005. The Government has pledged to hold similar seminars in Darfur.
9. A press conference was held on 28 November 2005 at which the State’s plan on eliminating violence against women was announced in the presence of the Minister of Justice. Several newspapers and news agencies attended. Since the plan is still in force, the Government of the Sudan undertakes to pursue its complete and effective implementation. The Government’s plan on eliminating violence against women in the three states of Darfur is attached.
10. A television programme on the subject of violence against women was recorded by the Blue Nile Channel on 22 November 2005.
11. A workshop was held on 29 November 2005, at the Abd al-Majid Imam Centre, in conjunction with UNMIS.
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Para. Action Time frame Needs of the Sudan 12. A radio programme was launched on 30 November 2005.
13. A workshop was held on 20 December 2006, by the Academy of Communication Sciences, with the help of the United Nations Population Fund (UNFPA).
14. A workshop was held in Darfur from 7 to 8 December 2005.
15. A workshop was held for top leaders in West Darfur from 18 to 23 November 2006.
16. The Government of the Sudan will raise awareness among schoolchildren in the three states of Darfur and conduct a number of radio interviews in West Darfur.
17. A workshop for mid-ranking leaders was held in West Darfur from 25 November to 5 December 2006 and training was given to policewomen.
18. An informational meeting was held at the Abu Dhirr camp - the Zalinji association.
19. An open day was held by the West Darfur broadcasting company.
20. A discussion was held on the West Darfur local radio station, during which guests from the police and
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Para. Action Time frame Needs of the Sudan prosecution services explained how to obtain justice in the event of a violent crime. The discussion took place on 3 May 2007, in the city of Zalinji. 21. A manual on dealing with rape was produced as a cooperative effort between the Ministry of Health and UNFPA. The Government will distribute and circulate it widely in the three states of Darfur.
22. A total of 45 persons from civil society organizations received training in October 2006. The Government will continue this process on the basis of the plan.
23. The plan on violence against women was presented in Brussels, in June 2006, in cooperation with UNFPA.
24. Civil society organizations have received training on providing technical, social and medical assistance in the event of rape.
25. A media committee has been formed with officials from media bodies, UNMIS and UNFPA, and has designed a governmental and state media plan, hopefully for implementation in 2007.
26. A woman’s investigation bureau has been established in the state of South Darfur.
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Para. Action Time frame Needs of the Sudan 27. IDP representatives have been drafted into the Committee on Violence against Women.
28. The plan has been disseminated through numerous press conferences held by the chairman of the unit for the elimination of violence against women. The announcement of the plan was made at a press conference held by the Advisory Council for Human Rights.
The Government of the Sudan will continue and intensify all these activities until the plan has fully achieved its objectives.
1.2.2 1. The Government will make a public announcement affirming its commitment to continuing the policy of combating and condemning violence against women, of prosecuting the perpetrators of such violence and of compensating victims according to established legal procedures.
2. In October 2004, the Minister of Justice issued Circular No. 2, concerning official form No. 8, guaranteeing victims the unconditional right to treatment subject to the conditions spelt out in the official form. The Government of the Sudan will endeavour to verify compliance with this circular and will raise awareness of it among officials and citizens.
3. The Government of the Sudan will endeavour to help women’s committees to investigate rapes in the three states
Short-term The Government of the Sudan requests support from the international community with following:
- High-quality means of transport
- Communications equipment
- Capacity-building
- Computer equipment
- Establishment of networks
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Para. Action Time frame Needs of the Sudan of Darfur, pursuant to an order from the Minister of Justice, articles 2 to 6 of the agreement between the Government of the Sudan and the Secretary-General of the United Nations and article 20 of the Code of Criminal Procedures of 1991. These committees comprise representatives of the judiciary, the Ministry of Justice and the police.
4. A press conference was held on 28 November 2005 at which the State’s plan on eliminating violence against women was announced in the presence of the Minister of Justice. A number of newspapers and news agencies attended.
1.2.3 The Government of the Sudan will promote joint operations with the African Union and create a mechanism for cooperation and coordination between the police and the African Union in the areas of peacekeeping, the adoption of prevention measures and the protection of citizens. A security plan has been devised for IDP camps, whereby internal security will be provided by the Sudanese police, while the African Union Mission will provide security and protection around camp perimeters. This is in keeping with the memorandum of understanding signed between the Sudanese Ministry of the Interior and the African Union Mission. The delegation of the Sudan will present this plan to the working group. In order to spare women from having to go outside to gather firewood, the Government has developed a plan to provide gas stoves for every family in the camps.
The Government of the Sudan requests the support of the international community in supplying gas stoves to families in IDP camps and village communities (around 300,000 stoves).
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Para. Action Time frame Needs of the Sudan 1.2.4 1. A press conference was held on 28 November 2005 at
which the State’s plan on eliminating violence against women was announced in the presence of the Minister of Justice. A number of newspapers and news agencies attended. The Government will inform citizens about this plan.
2. A workshop was held in West Darfur from 25 November to 5 December 2006 for mid-ranking officials in order to train policewomen. The Government will hold similar workshops in the three states of Darfur.
3. Action plans have been devised for the state committees and disseminated via the information media.
4. A working group has been formed to assess the work of the state committees.
Short-term
1.2.5 Everything that the recommendation mentions is provided for under Sudanese law and will be incorporated into instructions to be issued for the protection of civilians.
Short-term The Government of the Sudan needs the following assistance from the international community in order to improve the efforts that it is making:
- Training courses
- Capacity-building
- Computer equipment
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Para. Action Time frame Needs of the Sudan - Photographic equipment
- Copying machines
1.2.6 In order to simplify the procedures for treating victims of violence, and in implementation of Minister of Justice Circular No. 2 of 2004, the Government of the Sudan will verify compliance with the instruction to health-centre emergency departments to treat victims without asking for crime form No. 8. This should simplify the process and speed up delivery of emergency care for victims.
The Government will print a guide on clinical treatment of rape cases, distribute it to doctors in Darfur and train them on its contents.
Short-term - Establishment of a psychotherapy centre
- Training of medical staff and social researchers
- The cost of printing the guide and training personnel is $500,000
- The implementation of this recommendation is contingent upon funding by the international community
1.2.7 The Government of the Sudan will continue to increase the number of policewomen in Darfur working on investigations.
At present, the total number of policewomen is:
1. North Darfur
5 local policewomen and 20 policewomen in the IDP camps.
Mid-term The Government of the Sudan needs the international community’s support with the following:
- Opportunities for investigations training for 40 policewomen
- Computer equipment
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Para. Action Time frame Needs of the Sudan The women’s police force numbers 86, broken down as follows:
- At police headquarters, 17 policewomen carry out office duties.
- In the Fashir area, 17 policewomen carry out guard and office duties.
- In the Umm Kadadah area, 4 policewomen carry out office duties.
- In the Katm area, 1 policewoman carries out office duties.
- At the police hospital, there are 33 policewomen, of whom 20 carry out office duties and 13 work in the medical field.
Camps
- 4 policewomen conduct field work at the Abu Shawk camp.
- 2 policewomen conduct field work at the Salam camp.
- 4 policewomen conduct field work at the Zamzam camp.
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Para. Action Time frame Needs of the Sudan West Darfur
- There are 28 camps in the state and a female police force of 40 persons. Twenty-three policewomen work at the Police Hospital and the other 27 do field work.
South Darfur
- The number of camps in the state is 25. A total of 12 policewomen and 13 officers work there.
- The police force in the state has 170 women and each camp has 6 policewomen to conduct investigations.
- The Ministry of the Interior has issued orders to increase the number of female police investigators in Darfur.
1.2.8 With regard to the legal framework for crimes of violence against women, the Government of the Sudan should like to explain that these crimes are offences under the 1991 Criminal Code. There is no connection between the article that deals with rape and the one that deals with extramarital intercourse and sodomy. A rape charge contains an element of doubt which precludes the penalty prescribed for the imposition of extramarital intercourse. The proper and effective application of the law precludes any link between these two articles. The Government of the Sudan will use the means at its disposal to explain these articles to the public.
Mid-term The Government of the Sudan should like the international community’s support with the following:
- Training for legal and judicial officers and for law enforcement officers from the police and elsewhere on international and regional standards of criminal justice and the correct application of the Criminal Code and other relevant laws
- Support for an expert workshop
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Para. Action Time frame Needs of the Sudan We propose that a joint workshop of experts be held to examine these articles and make recommendations on them.
1.2.9 The Government of the Sudan affirms that the ratification or non-ratification of any treaty is a sovereign matter to be decided by the State. However, in order to provide information about the measures that have been taken, we should like to mention that many workshops have been held to raise awareness of the Convention and to persuade the active sectors of society to take a positive view of the Convention. These activities are continuing and there is an agreement between the Advisory Council for Human Rights and the human rights department of UNMIS to carry out joint work in 2007.
Mid-term - Workshops
- Television programmes
- Printed matter
1.3 Children and armed conflict
1.3.1 A family and child protection unit was set up, in cooperation with UNICEF, in Khartoum state (community police) to protect women and children. Policemen and women police officers were trained in Jordan on dealing with women and child victims of violence, protecting women’s and children’s rights, receiving complaints and initiating investigations.
Mid-term The Government suggests that the international community provide support in the following areas:
- Intensifying training in the Sudan and abroad for male and female officers on the investigation of violent crimes
- Supporting the organization of seminars and courses on pretrial guarantees and women’s and children’s rights
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Para. Action Time frame Needs of the Sudan - In the short term, there are plans to transfer this experiment to other states, particularly the three states of Darfur. Instructions and orders were issued to state police chiefs to establish police units for protection of the family and children. The delegation of the Sudan will explain these future plans to the Experts Group.
The Government will oversee and establish these units in the three states of Darfur.
1.3.2 The Government of the Sudan should like to provide the following information:
1. The Sudan ratified the Convention on the Rights of the Child in 1990 and ratified the Optional Protocol to the Convention on the Rights of the Child on children in armed conflict in 2005. It ratified the Optional Protocol on the sale of children, child prostitution and child pornography in 2004.
2. The Interim Constitution of the Republic of the Sudan of 2005 provides, in article 32 (5) of the bill of rights, that the State protects children’s rights under the international and regional conventions which the Sudan has ratified.
3. The Children’s Act of 2004 contains all the guarantees embodied in international instruments on protection of children’s rights.
Mid-term Training of police officers working in this area and sharing the experiences of other countries with them.
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Para. Action Time frame Needs of the Sudan 4. The new draft children’s law, which the delegation of the Government of the Sudan will present, defines a child as anyone below 18 years of age. It includes international guarantees on the protection of children’s rights, affirms the importance of care for children with special needs and focuses on the establishment of judicial mechanisms such as the police, prosecution offices, the courts and their rules of procedures.
5. The Child Welfare Council is the mechanism which formulates policies and plans on children.
The Government of the Sudan will investigate violations against children and rigorously and systematically prosecute those who perpetrate them.
1.3.3 1. The North Sudan Disarmament, Demobilization and Reintegration Commission was established by Republican Decree No. 5 of 2006 and will be presented to the working group by the delegation.
2. Republican Decree No. 4 of 2005 established the National Disarmament, Demobilization and Reintegration Commission.
3. The Ministry of Social Welfare is a member of both of the above-mentioned institutions.
Mid-term 1. United Nations agencies and donor countries should pledge support for disarmament, demobilization and reintegration programmes pursuant to the Peace Agreement.
2. Logistical support should be provided in cooperation with NGOs to transfer children who have been released or separated from their families with a view to their social reintegration.
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Para. Action Time frame Needs of the Sudan 4. A joint policy was developed by the National Unity Government to resolve the situation of child soldiers and of children separated from their families during the war. The Government of the Sudan shall make sure that this policy is also enforced in the states of Darfur.
5. Reintegration operations were designed according to gender (boys and girls) and having due regard to children with special needs (disabled children).
6. UNICEF was designated as an international partner in the execution of the Commission’s programme, in accordance with the Peace Agreement.
7. Partial funding of 19,70,000 million dinars was obtained from UNICEF for the preparatory stage only.
3. An administrative database should be created to register children separated from their families and standards should be put in place to protect the confidentiality of information on child soldiers.
4. Equipment and follow-up should be provided to offer temporary alternative care, such as homes for children who cannot be returned to their families immediately (alternative families).
5. Technical assistance and capacity-building should be provided for members of the Government involved in reintegration.
6. An urgent informal education programme should be set up in geographical locations with a large number of children who have been separated from their families and school bags should be supplied to schools and training centres.
1.4 Protection against summary executions, arbitrary detention, disappearances and torture
1.4.1 1. The Government of the Sudan affirms its commitment to taking all measures that will guarantee protection of citizens and enhance human rights protection.
Short-term Training
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Para. Action Time frame Needs of the Sudan 2. Immunities are procedural rather than substantive immunities. The practice is to waive a person’s immunity whenever there is prima facie evidence to justify the laying of charges against the person.
The Government of the Sudan declares its intention of continuing with this approach.
Any aggrieved party has the right to apply to the Constitutional Court, the rulings of which are final.
All the acts to which the recommendation refers are offences under Sudanese law. The Government of the Sudan will see to it that these laws are enforced.
1.4.2 1. Arrests by the National Security Forces Act are scrutinized by the Department of Public Prosecutions, as represented by the competent public prosecutor who, by law, holds the rank of public counsellor and is appointed by the Minister of Justice. The Minister reviews prison conditions in order to ensure legal compliance with prison sentences and to receive any complaints, if there are any.
2. Prisons are subject to judicial scrutiny; the law designates a judge, appointed by the Constitutional Court, to whom a prisoner may apply in order to challenge a detention order. The judge may issue whatever decision he sees fit after reviewing the grounds for the detention. The competent judge may also inspect guards and verify compliance with prison regulations. Full lists of prisoners
Short-term - Training courses on human rights standards and principles.
- Courses on international humanitarian law.
- Advanced training courses for security court judges. - A legal library of printed and electronic materials.
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Para. Action Time frame Needs of the Sudan are maintained by the security enquiries office in order to provide information about prisoners when a prisoner’s family requests it and to organize visits by families and lawyers.
3. There are no unofficial places of detention.
4. Places of detention are known, as evidenced by the fact that they are monitored by the prosecution service and the judiciary.
1.4.3 1. This is one of the first items covered by article 32, paragraph 1, of the National Security Forces Act, which requires that the detainee be informed of the reasons for his arrest. The article devotes several paragraphs to maintenance of the rights of persons who are arrested, detained or imprisoned, including the right to inform family members about what has happened and the other rights spelt out in the 1996 regulation on treatment of prisoners by the security forces.
2. Article 32, paragraph 2, of the Act states that a person who is arrested, detained or imprisoned must be allowed to contact his family. An enquiries office was set up to assist the public with their enquiries.
3. With regard to the right of prisoners to receive regular private visits from their family members and lawyers, although the National Security Forces Act and the 1996 regulation on treatment of prisoners by the security services
Short-term Human rights training courses
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Para. Action Time frame Needs of the Sudan make no specific mention of this matter, in practice, prisoners receive several weekly visits from family members and are able to talk to their counsel so long as this does not affect the course of security investigations. A prisoner’s right to visits has been included in the new draft national security forces law.
1.4.4 1. All States throughout the world have laws to protect their own national security and stability.
2. The National Security Forces Act takes a middle path between two concepts, with a view to balancing the need for greater freedom with the maintenance of security, i.e. between rights and the interests of society.
3. The powers of the security services to make arrests and detain persons are subject to judicial scrutiny. The law designates a judge, to be appointed by the Constitutional Court, to whom a prisoner can turn in order to challenge a detention order. The judge may take whatever decision he deems fit after reviewing the grounds for the detention. The law also stipulates the time limits for arrest and detention, granting every security services director the power to hold a person for up to three days for questioning and the investigation of an allegation. Where three days is not sufficient for questioning, the law allows security directors, subject to the requirements of national authority, to extend the period of detention for up to 30 more days, if the person has been accused of a crime against the State and there is evidence or testimony against him. In such a case,
Mid-term Organization of workshops, with the participation of experts, to review the experiences of other countries and international norms
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Para. Action Time frame Needs of the Sudan notification must be given to the competent public prosecutor, who must occupy the rank of public counsellor and have been appointed by the Minister of Justice. The Security Council may also extend the period of detention for up to a further two months, if a security director presents it with a case which, for security reasons, warrants a longer detention period than that prescribed.
4. When the security services use their authority to detain a person, they do so in accordance with strict legal rules. Detention is normally used solely in relation to activities that fundamentally threaten the security and safety of the State.
5. Ultimately, the security services are governed by several monitoring mechanisms, including self-regulation and judicial and legislative scrutiny operated by the following entities:
(a) The competent public prosecutor’s office;
(b) The competent judge; (c) The National Security Council;
(d) The security enquiries office;
(e) The security courts;
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Para. Action Time frame Needs of the Sudan (f) The defence and security committee of the National Assembly;
(g) The judiciary; (h) The Office of the Ombudsman and Public Accountability.
The National Security Act is being reviewed in the light of the Peace Agreement and the Constitution.
1.4.5 The Government of the Sudan affirms that the ratification or non-ratification of any treaty is a sovereign matter on which the State alone must decide. However, in order to provide the Committee with information, we should mention that the legal studies on the Convention have been completed and submitted to the competent authorities with a view to their adoption. The legislative procedures for ratification will then be completed.
Mid-term The Government of the Sudan requests the assistance of the international community in organizing seminars on the Convention.
1.5 Protection of witnesses and victims
1.5.1 The 1991 Criminal Procedures Code clearly protects witnesses by guaranteeing that they will not be subject to any form of violence, revenge or harassment, during investigations or trials, because of their testimony. There is nothing to prevent human rights defenders from having free and unhampered access to witnesses and victims of violations.
Short-term - Capacity-building for members of the prosecution service
- High-quality communications systems
- Identification of the chain of command for the submission of reports
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Para. Action Time frame Needs of the Sudan There is a mechanism comprising members of the prosecution service and human rights observers in the three states of Darfur which is there to resolve any problem hampering the work of human rights observers.
- A commitment to neutrality, impartiality and transparency through the referral of reports to the Government of the Sudan
1.6 Protection of human rights defenders
1.6.1 No one is arrested unless according to the law and the Constitution.
An arrest is made only where a person has committed a legally-designated offence. Legal proceedings are brought against any accused person under the 1991 Code of Criminal Procedures, which guarantees the right of any accused person or suspect to appeal at all levels of adjudication against any conviction handed down against him.
The Government of the Sudan will endeavour to ensure that the relevant laws are enforced.
Short-term Training of law enforcement agencies on human rights standards.
1.6.2 The Constitution
Article 39 of the Interim Constitution of the Republic of the Sudan of 2005, in the bill of rights, recognizes freedom of expression and of the press. The Press and Press Publications Act places no restrictions on freedom of the press and of journalists.
Mid-term The Act was presented for public discussion at a workshop held for all interested persons, in addition to relevant governmental bodies and civil society organizations.
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Para. Action Time frame Needs of the Sudan Article 28 (1):
(a) Journalists shall enjoy the right not to be subjected to any unlawful act that affects their judgement or impartiality while performing their professional duties.
(b) Their sources of information shall be protected.
(c) They shall not be prosecuted for reporting information and expressing an opinion, except in accordance with the law.
- The Special Rapporteur on the situation of human rights in the Sudan has acknowledged that there has been clear progress in the area of freedom of the press and of publishing.
- The Special Rapporteur on the right to freedom of opinion and expression was invited to visit the Sudan last year.
2. Humanitarian access
2.1 Protection of humanitarian workers from harassment and attack
2.1.1 On 28 March 2007 a joint communiqué was signed by the Government of the Sudan and the United Nations on facilitating humanitarian activities in Darfur. The communiqué states that all measures to facilitate and assist humanitarian work will be fully implemented in accordance
Short-term Printed matter and publications.
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Para. Action Time frame Needs of the Sudan with the commitment made in the joint communiqué signed in 2004 on fast-track procedures for getting humanitarian assistance to those in need (copy attached).
A high-level joint committee was set up to monitor compliance with the agreement on a monthly basis (the delegation will submit a copy of the joint communiqué).
2.1.2 The work of humanitarian organizations in the Sudan is subject to State laws and regulations, as in any other country. Although many organizations operating in the Sudan breach these laws, the Humanitarian Aid Commission does not revoke their registration or expel them. There are many documented cases of this kind and the delegation will provide detailed information about them.
Short-term Issuance of publications
2.1.3 Military vehicles and aircraft
The armed forces comply with international military norms on colour markings on vehicles, aircraft and military equipment. White aircraft are used for transport and medical evacuations and it is inconceivable that they should bear the symbols of any United Nations or non-governmental organization, because this would be a war crime under article 159 of the Armed Forces Act of 2007.
Short-term Issuance of publications and announcements
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Para. Action Time frame Needs of the Sudan 2.1.4 1. There are no militias subject to armed forces’ control
other than the People’s Defence force and the national police.
2. The Government of the Sudan abides by domestic and international laws and does not engage in arbitrary acts against humanitarian workers. Most violations are committed by rebel movements which have not signed the Abuja Agreement. As for the movements that have signed the Abuja Agreement, there is a joint security arrangements commission which implements and applies the relevant terms of the Agreement. These movements have signed a joint statement undertaking to respect and not to interfere with humanitarian work.
The commission is tasked with disarmament, demobilization and reintegration. There are no militias under armed forces’ control.
Attacks on humanitarian workers remain a constant feature of the rebels’ approach. On the Government’s side, there is a high-level coordinating committee with members from the Humanitarian Aid Commission, representatives of international humanitarian organizations and others, which
Short-term Training of law enforcement officers on human rights standards
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Para. Action Time frame Needs of the Sudan does everything in its power to facilitate all aspects of humanitarian work and to follow up on any violations that do occur. The Government of the Sudan will support this committee and strengthen its role.
2.2 Facilitating access to civilians, including those displaced
2.2.1 In keeping with paragraph 7 of the joint communiqué of 2007 between the Government of the Sudan and the United Nations, a high-level joint committee was formed by the two sides to monitor implementation of the agreement set out in that document. The committee is chaired by the Minister for Humanitarian Affairs, the Deputy Special Representative of the Secretary-General and the resident representative for humanitarian affairs. The members are senior representatives from relevant agencies of both sides. The Government of the Sudan, with the cooperation of the United Nations, will monitor the work of this committee and give it a stronger role.
Mid-term Organizing seminars and issuing publications
2.2.2 Many key facilities have been provided to humanitarian workers, including work and travel permits for Darfur. Over 2,500 foreigners working in Darfur benefit from these facilities.
According to the World Food Programme report issued in February 2007, the rate of coverage for affected persons in Darfur is 98 per cent.
Mid-term The Government of the Sudan will provide details on the following assistance requested from the international community:
- Means of transport
- Communications equipment
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Para. Action Time frame Needs of the Sudan The 2 per cent shortfall is concentrated in North Darfur and is due to attacks by movements that have not signed the Darfur Peace Agreement. This is confirmed in a joint report by the World Food Programme, the World Health Organization, UNICEF, the Ministry of Health and the Ministry of Humanitarian Affairs, published in 2007. The Government of the Sudan shall endeavour to make up for this shortfall.
2.2.3 The present Act was approved after wide-ranging consultations which took account of the comments of the relevant organizations and entities. Under the Act, a total of 2,063 domestic organizations and over 250 international organizations were registered after receiving official approval. The objection at issue relates to article 7, paragraph 2, of the Act, concerning disclosure of sources of funding.
Mid-term Organization of a workshop to discuss the Act and its correct application
3. Accountability and justice 3.1 With regard to the attacks against the Bulbul area, crime
report No. 1477 of 31 March 2007 was filed at the police station in downtown Niyala under articles 130, 139 and 175 of the 1991 Criminal Code.
As for the attacks on the Massalit tribe by the Arku Minawwi movement, crime reports were filed in Niyala and with the African Union in Qaridah during the month of Ramadan in the year 2006.
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Para. Action Time frame Needs of the Sudan The Duraybat area is outside of governmental control and is controlled by Abd al-Wahid Mohammed Nur. According to our information, the conflict is between movements that are not parties to the Abuja Agreement. The incidents in the Baram area were caused by a movement that is not a party to the Abuja Agreement and which is led by Sadiq. The Government took some counter- measures.
Personnel of the United Nations, NGOs and the African Union Mission were arrested for breaching articles 77, 78 and 154 of the Sudanese Criminal Code of 1991. They were immediately released on bail and were tried under articles 77 and 78 of the Code, concerning alcohol consumption and breaching the peace. They were not tried under article 154 of the Code, because none of the accused entered an immunity plea.
3.2 The Armed Forces Act does not provide immunity for any members of the armed forces. Circular 3/95 provides no immunity for these groups, but rather regulates proceedings against members of the armed forces and the popular defence force.
The immunity provided in the National Security and Police Act is procedural immunity and is subject to the condition that the act in question must have been performed
Short-term - Holding of seminars and workshops on immunities
- Training of professionals
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Para. Action Time frame Needs of the Sudan in the course of duty. If the act was clearly not connected with official duties, the incident can be referred to the courts and the perpetrator may be put on trial.
Several members of the regular forces have been tried after their immunity was waived.
Decisions on immunity are subject to judicial scrutiny, by the Constitutional Court. Requests for an immunity waiver are made by the public prosecution service or the Prosecutor-General.
3.3 The legal position of the Government of the Sudan is as follows:
1. The Security Council does not have the power of referral under the Charter of the United Nations.
2. Security Council resolution 1593 (2005) affirms that States non-parties to the Rome Statute are not obliged to cooperate with the Court.
3. The Sudan is not a party to the Rome Statute.
4. The Government of the Sudan, because it believes in the principle of accountability for criminal acts and wishes to see justice being served, set up a national committee to investigate the incidents that allegedly occurred. The committee, in its final report, recommended among other things that a judicial investigation panel be established.
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Para. Action Time frame Needs of the Sudan The investigation panel was duly established and it found evidence to justify the laying of charges against a number of individuals implicated in several incidents. Arrest warrants were issued and served and the investigation panel decided to refer the case to the courts after completing the investigation. The defendants appealed against the indictment and the matter is now in the hands of the authorities responsible for hearing the appeal.
5. The judicial authorities in the Sudan will follow up on the process in order to make sure that the suspects are brought to justice.
3.4 The National Security Act is one of the laws that will be amended consistent with the Interim Constitution of 2005. This action is pending.
The process of amending applicable legislation to bring it into line with the Interim Constitution has begun and a committee has been set up by the Ministry of Justice to oversee this process.
Mid-term Seminars and workshops
3.5 The judiciary and the Ministry of Justice are endeavouring to supply sufficient numbers of judges and prosecutors for Darfur. There are 22 public prosecutors for the three states of Darfur, 7 of them in North Darfur, 10 in West Darfur and 5 in South Darfur. The Government intends to ensure that they perform their duties effectively.
Mid-term We shall provide a detailed programme on capacity-building, skills development and funding at a later stage.
Increase the number of deputy prosecutors in Darfur in order to cover local communes.
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Para. Action Time frame Needs of the Sudan 4. Monitoring of implementation of recommendations
4.1 Human rights questions are handled through coordination between the United Nations, the international community, as represented by UNMIS, donor States and the Government of the Sudan, as represented by the Advisory Council for Human Rights. The Council’s membership includes all relevant governmental bodies and a number of NGOs. At a regular meeting of the mechanism, a subcommittee was set up for the joint implementation mechanism. This committee looks into all human rights issues, including concerns about violations. The Government of the Sudan intends to strengthen this mechanism.
Ongoing Boost the role of human rights observers in working effectively with the Government of the Sudan to exchange and discuss reports impartially and transparently.
4.2 There is no law restricting the right of human rights monitors to interview victims. Monitors are not allowed to see investigation records lest this would affect the course of an investigation or of justice. Trial proceedings are conducted in open court and anyone can attend, unless a court decides, for stated reasons, that they should be held in camera.
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4.3 All previous requests for interviews with detainees held in connection with the situation in Darfur were freely granted on the basis of objective criteria, such as prior notification from the United Nations Office in order to schedule a time for the interview and identify the visitor or visitors. The Government of the Sudan will continue this policy.
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Para. Action Time frame Needs of the Sudan 4.4 The Government of the Sudan has never refused to
cooperate with any permanent or special human rights mechanism, as evidenced by all the resolutions, decisions and reports of human rights mechanisms on the situation in Darfur. The Government of the Sudan works with all international missions and committees and with the fact-finding mission of the African Committee for Human and People’s Rights.
Evidence of cooperation by the Sudan is found in the visits by all the special rapporteurs, thematic rapporteurs, experts, representatives of the Secretary-General, special missions and observers.
Evidence of this cooperation also comes from the Special Rapporteur on the situation of human rights in the Sudan and from the rapporteur for the Group, Mr. Walter Kalin.
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4.5 Work is under way on the establishment of an independent national human rights commission, pursuant to the Comprehensive Peace Agreement, the Interim Constitution of 2005 and the Paris Principles approach, which contributed to the drafting of a law on civil society institutions, including human rights defenders. Considerable progress has been made on approval of this law. The commission will be able to perform the functions mentioned in the recommendation. The delegation of the Sudan will make a detailed presentation on progress made in establishing this commission.
Mid-term The Government of the Sudan requests the support for this commission which is listed in the detailed table of requirements that the delegation will present, covering the following items:
- Computer equipment
- Communications equipment
- Network installation
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Para. Action Time frame Needs of the Sudan 4.6 One of the aims of the gender violence unit is to establish
close cooperation with the United Nations and international and domestic organizations involved in implementing the national plan on violence against women. State-level committees on violence against women have been set up in the three states of Darfur, with members including organizations and monitors of the United Nations. The Government of the Sudan will ensure the effectiveness of these committees.
Mid-term - Means of transport
- Communications equipment
- Computer equipment
- Printers
- Laser scanners
- Photographic equipment
4.7 This paragraph was answered in point 4.5 above.
4.8 The reply on ratification of international treaties also applies here.
Mid-term Workshops and round tables