RES/33/26 Technical assistance and capacity-building to improve human rights in the Sudan
Document Type: Final Resolution
Date: 2016 Oct
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item10: Technical assistance and capacity-building
Topic: Sudan
- Main sponsors54
-
South Africa
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
Congo, the Democratic Republic of the
Côte d'Ivoire
Djibouti
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Gambia
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Rwanda
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
South Sudan
Sudan
Eswatini
Tanzania, United Republic of
Togo
Tunisia
Uganda
Zambia
Zimbabwe
- Co-sponsors27
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.]