RES/33/26 Technical assistance and capacity-building to improve human rights in the Sudan

GE.16-17170(E)



Human Rights Council Thirty-third session

Agenda item 10

Resolution adopted by the Human Rights Council on 30 September 2016

33/26. 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 Covenant on

Civil and Political Rights, the International Covenant on Economic, Social and Cultural

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 of 13 June 2016 of the Peace and Security Council

of the African Union on the situation in Darfur, in which the Government of the Sudan is

urged to spare no efforts to arrest and prosecute all perpetrators of criminal actions and

attacks against personnel and assets of the African Union-United Nations Hybrid Operation

in Darfur and against humanitarian organizations and their staff, and referring to the

statement of 9 August 2016 by the Chairperson of the African Union Commission in which

the parties are urged to ensure rapid progress in negotiations to achieve lasting, sustainable

peace,

Emphasizing that States have the primary responsibility for the promotion and

protection of all human rights,

Reaffirming the importance of peace, security and political stability for the

realization of all civil, political, economic, social and cultural rights,

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

human rights in the country,

Welcoming also the national strategy, which runs until 2018, for eradicating female

genital mutilation in a generation, and urging its full implementation,

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 in April

2016 of the Independent Expert on the situation of human rights in the Sudan and the 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 adoption by the Government of the Sudan in March 2016 of an

action plan signed by the Government and the United Nations to protect children in armed

conflicts and to prevent the unlawful recruitment and use of children by the security forces

of the Government by strengthening mechanisms for the protection of children, and urging

its full implementation,

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

recommendations that it accepted as part of the universal periodic review process,

encouraging freedom of movement, and expressing serious concern that the Government

restricted the travel of individuals seeking to participate in the pre-session meeting in

March 2016 relating to the universal periodic review of the Sudan,

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 thirty-third session,1 and of the comments of the Government of the

Sudan thereon;

3. Notes with appreciation the cooperation of the Government of the Sudan

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

stated commitment to continue that cooperation;

4. Encourages the process of conducting a comprehensive, national dialogue in

the Sudan with a view to achieving sustainable peace, and encourages all Sudanese

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

dialogue;

5. Welcomes the declarations by the Government of the Sudan of the cessation

of hostilities in the two areas, and of the end of military operations in Darfur in June 2016,

and encourages all parties to create a conducive atmosphere for, and to sign, a permanent

ceasefire, in order to achieve a lasting peace that is respected by all parties and that leads to

a lasting improvement in the human rights situation;

6. Recognizes the efforts of the Government of the Sudan to implement the

Doha Document for Peace in Darfur, and calls upon the remaining armed groups to stop

fighting, to engage in the peace process and to negotiate in good faith;

7. Notes the observation by the Independent Expert that, despite some progress,

the relevant parties have yet to implement many of the recommendations made in his report

submitted to the Human Rights Council at its thirtieth session,2 which included for the

Government of the Sudan to continue to deepen its efforts to combat impunity, to prevent

the interference of government in the activities of civil society, for the Government to

provide to the National Commission for Human Rights additional financial resources

necessary to fulfil its mandate, to continue its efforts in the national dialogue to realize an

inclusive, transparent process, and to work with all partners to facilitate humanitarian

1 A/HRC/33/65.

2 A/HRC/30/60.

assistance; for the international community to enhance its technical cooperation with and

assistance to the Government, to pursue efforts to support national dialogue, to continue to

work closely with civil society stakeholders, and to provide internally displaced persons

with humanitarian assistance; and for opposition armed movements in the Sudan to take

concrete action towards implementing the recommendations made by previous mandate

holders, in particular with regard to respect for human rights and international humanitarian

law;

8. Commends the commitment 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 fully implement

the national plan for the protection and promotion of human rights for 2013-2023;

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

Sudan in combating human trafficking, and notes the establishment of the national

commission for combating human trafficking;

10. Notes the establishment of the national commission for combating terrorism;

11. Notes with appreciation the hosting by the Sudan of hundreds of thousands of

refugees from neighbouring countries and countries in the region;

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

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

and international obligations;

13. Stresses that conducting investigations into alleged human rights abuses and

violations by all parties and holding perpetrators accountable needs to be a foremost

priority of the Government of the Sudan;

14. Expresses serious concern at reports of the closure of some non-

governmental organizations and restrictions on the media, pre- and post-publication

censorship, the seizure of newspapers and the banning of some journalists, and at violations

of the rights to freedom of expression, freedom of association and peaceful assembly,

including of students, human rights defenders and members of civil society organizations;

15. Urges the Government of the Sudan to ensure safeguards against arbitrary

arrest or detention and to respect the human rights of all individuals, and expresses serious

concern about alleged cases of arbitrary arrest and detention, including of students, human

rights defenders and members of civil society organizations;

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

international humanitarian law reported in the States of Darfur, Southern Kordofan and

Blue Nile, including attacks on civilians and humanitarian aid workers, the indiscriminate

bombing of humanitarian facilities, and sexual and gender-based violence, and urges all

parties to resort to peace and to sign a permanent ceasefire;

17. 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 such

violations;

18. Encourages all parties to facilitate rapid and unhindered access to

populations in need of humanitarian assistance, and encourages the Government of the

Sudan to intensify its endeavours to address humanitarian needs in conflict-affected areas;

19. Encourages the Government of the Sudan to ratify international human rights

instruments, as supported by the Government during the universal periodic review of the

Sudan;

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

comprehensive national legal reform initiatives to guarantee further full compliance of the

State with its constitutional and international human rights obligations, such as the revision

of the Press Act, the Community Protection Law at the State level, and the National

Security Act, and takes note of the amendments to the provisions of the Criminal Act of

1991, such as those that redefine the offence of rape and dissociate it from adultery, and

those that introduce the offence of sexual harassment, and of the promulgation and

implementation of the Act on Combating Human Trafficking and the Smuggling of

Persons, the Anti-Corruption Act, and the Act on the Rights of Persons with Disabilities;

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

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

Government of the Sudan in accordance with the present resolution with a view to further

improving the human rights situation in the country by responding to the Government’s

requests for technical assistance;

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

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

building in response to the request from the Government of the Sudan for support on ways

to improve the human rights situation in the country and 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 as described in paragraph 20 above so as to help

to reconcile those laws with the international obligations of the Sudan;

23. Expresses deep concern at the human rights situation and the security

situation in conflict-affected areas, particularly in the Darfur region and in the States of

Southern Kordofan and Blue Nile, and the profoundly negative impact of this on civilians,

in particular women and children, and encourages the Government of the Sudan to continue

its cooperation in order to facilitate the visits of the Independent Expert to conflict zones, in

fulfilment of his mandate;

24. Decides to renew the mandate of the Independent Expert for a period of one

year;

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

Council on the implementation of his mandate, including recommendations on technical

assistance and capacity-building, for consideration at its thirty-sixth session;

26. 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;

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

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

the mandate;

28. 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;

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

41st meeting

30 September 2016

[Adopted without a vote.]