Sudan
Regarding the third periodic report submitted by Sudan,
the Committee welcomed the signature of the Comprehensive Peace Agreement
(2005), which contributed significantly to ending multiple, serious
violations of the Covenant. It also welcomed the Interim National Constitution
(2005), the Interim Constitution of Southern Sudan (2005) and the Darfur
Peace Agreement (2006), as well as the continued efforts to find sustainable
peace in Darfur. The Committee also took note of the new Law of political
parties (2007).
Among the principal subjects of concern, the Committee
regretted that the rights protected by the Covenant had not been fully
incorporated into domestic law. It remained concerned over Sudan's ability to
prosecute and punish war crimes or crimes against humanity committed in
Darfur. The Committee noted with concern that the Sudanese authorities had
not carried out any exhaustive, independent appraisal of serious violations
of human rights committed in the territory of Sudan and in particular in
Darfur. It also noted with concern the scale of values applied to punishment
and noted that corporal punishment including flogging and amputation was
considered inhuman and degrading. Further, the Committee was also concerned
about the persistent pattern of discrimination against women in legislation
and the persistent violence against women; the many cases of rape in Darfur;
the fact that women did not trust the police; the persistence of female
genital mutilation; and the small number of children who had actually been
demobilized. Also, the imposition of the death penalty for offences that
could not be characterized as the most serious, for practices that should not
be criminalized and its imposition to individuals aged under 18, was
incompatible with the Covenant.
The Committee recommended that Sudan should deploy all the
human and material resources required to hold within the prescribed time
limit the referendum provided for by the Interim National Constitution. It
should also take all appropriate steps, including cooperation with the
International Criminal Court, to ensure that all human rights violations
brought to its attention were investigated, and that those responsible for
such violations, including State agents and militia members, were prosecuted
at national or international level and ensure that no financial support or
material was channelled to militias that engaged in ethnic cleansing or the
deliberate targeting of civilians. Further Sudan should also undertake to
abolish all immunity of the police, armed and national security forces; set
up its efforts to raise popular awareness of women's rights, promote their
participation in public affairs and ensure their education and access to
employment; educate the police about violence against women; prohibit in its
legislation the practice of female genital mutilation; stop all forms of
slavery and abduction; and take appropriate steps to ensure the safety of
humanitarian workers and facilitate their access to the beneficiaries of
humanitarian aid. On the pressuring of reporters, Sudan should guarantee the
exercise of freedom of the press and ensure that reporters were protected. It
should also respect the right to express opinions and should protect peaceful
demonstration and make sure that inquiries were mounted into the excessive
use of force when demonstrations were dispersed.