RES/30/22 Technical assistance and capacity-building to improve human rights in the Sudan

Human Rights Council Thirtieth session

Agenda item 10

Resolution adopted by the Human Rights Council on 2 October 2015

30/22. Technical assistance and capacity-building to improve

human rights in the Sudan

The Human Rights Council,

Guided by the principles and purposes of the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, the International Covenants

on Human Rights and other relevant international human rights instruments,

Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human

Rights Council resolutions 5/1 and 5/2 of 18 June 2007,

Taking note of the communiqué and report of 22 June 2015 of the African Union

Peace and Security Commission concerning the situation in Darfur, and its communiqué

adopted on 25 August 2015 at its 539th meeting, in which the Commission called upon the

Sudan to create an environment conducive to national dialogue,

Emphasizing that States have the primary responsibility for the promotion and

protection of all human rights,

Welcoming the commitment of the Government of the Sudan to protect and promote

human rights in the country,

Noting the developments taking place in the Sudan and the record of the

Government of the Sudan in the promotion and protection of human rights,

Welcoming the cooperation of the Government of the Sudan during the visit held in

May 2015 of the Special Rapporteur on violence against women, its causes and

consequences, and the proposed visit in November 2015 of the Special Rapporteur on the

negative impact of unilateral coercive measures on the enjoyment of human rights,

Welcoming also the implementation by the Government of the Sudan of the Child

Act (2010), which provides protection for children, including the prohibition of child

recruitment, and urging its full implementation,

Encouraging the efforts of the Government of the Sudan to implement the universal

periodic review recommendations that it accepted,

Noting the challenges that the Sudan still faces in conflict-affected areas,

particularly in the States of Darfur, South Kordofan and Blue Nile,

Emphasizing the need to ensure that humanitarian access is available and assistance

is provided to internally displaced persons,

1. Welcomes the work of the Independent Expert on the situation of human

rights in the Sudan;

2. Takes note of the report of the Independent Expert submitted to the Human

Rights Council at its thirtieth session,A/HRC/30/60. and of the comments of the Government of the

Sudan thereon;

3. Also takes note of the continued cooperation of the Government of the Sudan

with the Independent Expert to enable him to fulfil his mandate, and of the Government’s

stated commitment to continue that cooperation;

4. Encourages the initiative of holding a comprehensive, inclusive national

dialogue in the Sudan to achieve sustainable peace, and also encourages all Sudanese

stakeholders to ensure an environment conducive to inclusive, transparent and credible

dialogue;

5. Takes note of the assessment made by the Independent Expert that

recommendations made by the previous mandate holder to all parties have largely remained

unimplemented, and encourages all stakeholders to fulfil their pledges with regard to the

release of political prisoners;

6. Commends the commitment and the effort of the Government of the Sudan to

reinforce human rights education and to continue to incorporate human rights principles in

the education system, and encourages the Government to enhance its efforts to implement

the other portions of the National Plan for the Protection and Promotion of Human Rights

(2013-2023);

7. Notes with appreciation the continued efforts made by the Government of the

Sudan in combating human trafficking, including the enactment and implementation of the

National Act on Combating Human Trafficking and Smuggling (2014) and in hosting a

regional conference on trafficking in persons in Khartoum in late 2014, and encourages the

Government and regional and international partners to implement the Khartoum Process;

8. Also notes with appreciation the hosting by the Sudan of tens of thousands of

refugees from neighbouring and regional countries;

9. Encourages the Government of the Sudan to further promote and protect the

right to freedom of religion and belief, and in this respect to comply with its constitutional

obligations and its obligations under the International Covenant on Civil and Political

Rights;

10. Expresses serious concern at the excessive use of force, including the lethal

shooting of demonstrators in September 2013 and March 2014, takes note of the record of

the Government of the Sudan in investigating and prosecuting perpetrators, and calls upon

the Government to institute an independent public inquiry and to refer its findings to the

judiciary within its legal system to ensure justice and accountability related to those

incidents;

11. Takes note of the investigation by the Attorney General’s office and report

entitled “Monitoring cases of death during the events that the State of Khartoum witnessed

in September 2013”, and encourages the process of the referral of its findings to the

judiciary for the purpose of ensuring justice and accountability;

12. Stresses that holding perpetrators accountable needs to be a foremost priority

of the Government of the Sudan;

13. Expresses concern at reports of the closure of some non-governmental

organizations and restrictions on the media, pre- and post-publication censorship, seizure of

newspapers, the banning of some journalists, and violations of the rights to freedom of

expression and freedom of association and of peaceful assembly;

14. Urges the Government of the Sudan to further its efforts for the promotion

and protection of human rights, in particular to ensure freedom from arbitrary arrest and

detention and to respect the human rights of all individuals, including human rights

defenders and members of civil society organizations;

15. Condemns any party’s violations or abuses of international human rights and

humanitarian law reported in the States of Darfur, South Kordofan and Blue Nile, including

those involving sexual and gender-based violence, the indiscriminate bombing of

humanitarian facilities and the killing of civilians and humanitarian aid workers, and urges

all parties to resort to peace;

16. Urges the Government of the Sudan to investigate allegations of human

rights violations in the camps for internally displaced persons with a view to ending

violations;

17. Encourages all parties to facilitate humanitarian access to populations in need

of assistance, and encourages the Government of the Sudan to intensify its endeavours to

address humanitarian needs in conflict-affected areas;

18. Encourages the Government of the Sudan to ratify international instruments

as accepted by the Government in the universal periodic review process;

19. Encourages the commitment of the Government of the Sudan to

comprehensive national legal reform initiatives in the Sudan, to guarantee further full

compliance of the State with its constitutional and international human rights obligations,

such as provisions of the Criminal Act (1991), including those which redefine the offence

of rape and dissociate it from adultery and which introduce the offence of sexual

harassment; the promulgation and implementation of the National Act on Combating

Human Trafficking and Smuggling of Persons Act, the Anti-Corruption Act, the Act on the

Rights of Persons with Disabilities; and the revision of the Press Act, the local state

Community Protection Law and the National Security Act;

20. Urges Member States, the United Nations High Commissioner for Human

Rights, relevant United Nations agencies and other stakeholders to support the national

efforts of the Government of the Sudan in accordance with the present resolution with a

view to further improving the situation of human rights in the country by responding to the

Government’s requests for technical assistance;

21. Requests the Office of the High Commissioner, taking into account the

recommendations of the Independent Expert, to provide technical assistance and capacity-

building to the Government of the Sudan at its request on ways to improve the situation of

human rights in the country with a view to providing support for the country to fulfil its

human rights obligations, including specifically assistance with the legal reforms under

way in the country described in paragraph 19 above so as to help to reconcile those laws

with the international obligations of the Sudan;

22. Expresses deep concern at the situation of human rights and security in

conflict-related areas, particularly in the Darfur region and the States of Southern Kordofan

and Blue Nile, and the profound negative impact of this on civilians, in particular women

and children, and therefore encourages the Independent Expert to visit conflict zones,

which the Government of the Sudan will facilitate, as it has done with past visits by the

Independent Expert in fulfilment of the mandate;

23. Decides to renew the mandate of the Independent Expert on the situation of

human rights in the Sudan for a period of one year under agenda item 10, to continue the

engagement of the mandate holder with the Government of the Sudan to assess, verify and

report on the situation of human rights with the view to make recommendations on

technical assistance and capacity-building for addressing human rights in the country,

considering a full range of information, including information presented by the

Government and viewpoints by civil society, and other relevant stakeholders that would

assist the mandate holder in the implementation of the mandate;

24. Requests the Independent Expert to present a report to the Human Rights

Council for its consideration at its thirty-third session;

25. Calls upon the Government of the Sudan to continue its full cooperation with

the Independent Expert and to continue to permit effective access to visit all areas of the

country, and to meet with all relevant actors;

26. Requests the Office of the High Commissioner to provide all necessary

financial and human resources support to the Independent Expert in the implementation of

the mandate;

27. Calls upon the Government of the Sudan to continue to cooperate with the

Office of the High Commissioner in the implementation of the present resolution;

28. Decides to consider this issue under agenda item 10.

42nd meeting

2 October 2015

[Adopted without a vote.]