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The
Special Rapporteur of the UN Human Right Council on the situation of human
rights in the Sudan, Sima Samar, issued the following statement following
her fourth visit to the country from 25 July to 2 August.
Geneva, 6 August 2007: - This is my fourth visit to Sudan since my
appointment as Special Rapporteur. I would like to thank the Government of
National Unity, the Advisory Council for Human Rights and the Government of
Southern Sudan for facilitating my visit to the country. I would also like
to thank UNMIS Human Rights for their support.
I visited Khartoum, El Fasher, Juba, Wau and Kadugli and held extensive
consultations with officials of the Government of National Unity, the
Government of Southern Sudan, the Southern Sudan Human Rights Commission,
civil society representatives and UN staff and received information about
the human rights situation in the country.
I will present my findings to the UN Human Rights Council in September and
a full report will be provided to the UN General Assembly. I would like to
take this opportunity at the end of my visit to brief you on my preliminary
findings.
The protection of human rights in the Sudan is a challenge. I am glad that
the CPA is in place. However it is hampered by slow implementation due
partially to the magnitude of the task and also the difficulties of
transition from conflict to peace. Some 60 laws need to be reformed in line
with the Interim National Constitution, including the National Security
act, and laws need to be passed to create key national institutions such as
a National Human Rights commission.
The GNU informed me that a number of bills have been prepared including a
draft Armed Forces act, which reportedly contains a chapter on
international humanitarian law and affirms individual responsibility for
crimes committed by members of the armed forces, a draft Police act, a
draft National Security and Intelligence act, and a draft Elections act
which have been presented either to the Council of Ministers or to the
National Assembly. I call on all concerned to ensure that new legislation
is consistent with Sudan's obligations under international human rights law
and the Interim National Constitution.
Other developments include Sudan's signing of the Convention on the rights
of persons with disabilities, a new National Policy for Women Empowerment
(March 2007) which includes eradication of harmful traditions and
application of laws that protect women's rights, and the Khartoum state guidelines
on relocation based on international standards (April 2007).
Despite the potential for democratic transition and optimism created by the
Interim national constitution and bill of rights, violations of civil and
political rights continue. One case of concern is the situation in the area
of the dam construction in Kajbar Northern Sudan which remains tense after
four people were killed by security forces on 13 June during a peaceful
community protest against the dam. I call on the authorities to ensure that
the perpetrators are identified and brought to justice for the killings.
National Security reportedly continues to arrest and detain people without
charge, in some case detainees are held incommunicado for long periods of
time placing them at risk of ill-treatment. Several people remain detained
following the protests in Kajbar including two community leaders Mohammed
Jalal Hashim and Osama Ibrahim. On 14 July, in a separate case, Mubarak
ELMahdi, Chairman of the Umma Party (Movement for Reform and Renewal) and
Abdeljalil El-Basha, Secretary General of the Party where arrested by
National Security. This week Ali Mahmud Hussanain, Deputy Chief of the
Democratic Unionist Party was also arrested. In none of the cases reported
have the arrested been charged with any criminal offence or allowed access
to a legal representative. I call on the authorities to ensure the physical
integrity of all detainees and ensure they are charged and brought before a
judicial authority or released without further delay; detainees should be
allowed access to lawyers, doctors and relatives.
Limitations on freedom of expression were highlighted by measures taken by
the authorities against Al Sudani and Al Sahafa newspapers
in Khartoum in May 2007. Restrictions were imposed in response to critical
reporting by the newspapers and undermine constitutional guarantees for
freedom of expression. In a positive development on 21 May, a court ruled
that Article 130 could not be applied to order the suspension of the
newspaper.
Justice and accountability is another challenge. Several investigative
committees have been formed following allegations of serious violations of
human rights however the findings of the investigations have not been made
public and according to information received no perpetrators have been
prosecuted.
Darfur remains a region where gross violations of human rights occur
perpetrated by all parties to the conflict. I have recently received
allegations of serious violations of human rights in areas under SLA/MM
control. In particular harassment, extortion, torture, and sexual violence
in Tawila and Shangil Tobayi, North Darfur. I also received information
about forced disappearances and killings in Gerida, South Darfur. These
cases should be investigated and the perpetrators brought to justice.
More action is needed to protect civilians from violations of international
law. Whilst the Government has the primary responsibility in this regard I
welcome the recent approval of the AU-UN peacekeeping force for the region
and the Aruhsa DPA non-signatory conference which aim to end the violence
and bring peace to Darfur.
The UN Human Rights Council took a number of initiatives this year on
Darfur including deciding to appoint an expert group to work with the Government
of Sudan to foster effective implementation of previous human rights
recommendations. I preside over the expert group and we have prepared a set
of priority recommendations in the areas of protection of civilians,
accountability and justice and humanitarian access as a plan of action to
further the protection of human rights in Darfur with a timeframe for
implementation and indicators for measurement of compliance.
The Government has committed itself to implement many of the
recommendations and we look forward to receiving information that action
has been taken and the situation has improved. We will provide our first
update on the status of implementation to the Human Rights Council in
September and the final report to the Council in December.
I welcome the Governments acknowledgement of the seriousness of the
situation and strongly encourage them to take action without delay to
implement the recommendations so the situation in Darfur improves and
people can fully enjoy their human rights and fundamental freedoms in the
region.
The transitional areas are facing particular problems as although
officially administered by the North, large parts of its population are
ethnically and linguistically close to the south. Pockets of clearly
divided SPLA and SAF control areas prevail, namely in Southern Kordofan and
north and south of Abyei town. The administration of justice faces enormous
challenges as two parallel judicial systems are in place. A division of
roles between the police and the military remains unclear as SPLA and SAF
continue to conduct patrols and arrest civilians. Clashes over land, water
points and cattle have resulted in numerous killings and large displacement
of civilian population. The demarcation of the border line will be
paramount to determine the status of this region and hence, the future of
the livelihoods of its populations. As a positive development, NCP and SPLM
have actively engaged in intensive talks to address border demarcation, oil
field arrangements and the status of Abyei.
In Southern Sudan progress is going at a slow pace and I would encourage
the international community to continue to support the new Government to
develop the region. The damage caused after twenty-one years of war will
take enormous efforts to reconstruct the affected society.
The delivery of basic services such as health, education and water are
lacking. In order for the return of southerners basic services need to be
in place and also job opportunities need to be created.
Primary legislation such as the Southern Sudan Criminal Procedure, the SS
Civil Procedure Code, the Police Act, the Child Act, and the SSHRC Act are
pending. Delays occur as both executive and legislative bodies review the
proposed bills. The limited capacity within these bodies is also a major
cause for the delays.
Law enforcement agencies are ill-equipped and under-resourced. There is
concern about the interference of the SPLA in activities of law enforcement
and there is a need for stronger institutions and separation of roles.
Abuses committed by the police, namely in the form of illegal and prolonged
detention and ill-treatment continue to be reported, however I was
encouraged by the recognition of the current challenges and the openness
for technical assistance in this regard.
Detention conditions both in police premises and state-run prisons are not
in conformity with international standards. Prisons are overcrowded, the
infrastructure and facilities is largely inadequate, juveniles are detained
along with adults, mentally ill are not provided with adequate care and a
large part of the prison population is in detention for periods even
exceeding their penalties if found guilty.
Tribal clashes namely over water points, land and cattle continue to affect
the area. In one case 54 civilians, namely women and children from the
Didinga tribe were killed allegedly by Toposa tribesmen in Baudi county,
Eastern Equatoria in May 2007. The Government established an ad hoc
Commission to investigate the killings however the findings of this
Commission have yet to be revealed.
On a positive note the Southern Sudan Human Rights Commission has started
its work and should be supported. Furthermore to improve the administration
of justice over 200 legal counselors and prosecutors for the southern
states were appointed and in certain areas mobile courts have been created
in order to address the hundreds of cases of people in remand detention.
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