Sudan: 3rd Periodic Report, 2003-2007
Concluding ObservationsAdopted at 45th Ordinary Session, 13 - 27 May 2009, Gambia.
RecommendationsV - Recommendations
The African Commission recommends that the Government of Sudan should:
43. Establish a National Commission of Enquiry / Truth and Reconciliation Commission as part of the reconciliation and healing process, and as part of the process of addressing the multiple conflicts currently going on in the country.
44. Give an update on how it is implementing the UN Resolution 1591.
45. Open up constructive dialogue, with the full involvement of the AU, with all factions of the various conflicts in Sudan in a bid to find a comprehensive solution to the problems in the country.
46. Approve a visit by the African Commission to discuss with the Sudanese Authorities issues relating to the general promotion and protection of human rights.
47. Continue cooperation with the combined AU and UN “hybrid” force (UNAMID) in order to enhance the security of the civilian population for the eventual return of IDPs to their communities and for the protection of humanitarian agencies’ personnel and materials.
48. Ensure that refugees within its territory continue to receive its support, and in cooperation with UNHCR, where appropriate explore measures such as voluntary repatriation, integration or resettlement as durable solutions for long standing refugees’ problems.
49. Create a separate Ministry of Children’s Affairs to address the pressing issues children face in Sudan.
50. Ratify as a matter of urgency the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.
51. Ratify the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and take measures to eradicate discriminatory practices against women, especially by ensuring that the law which criminalizes adultery does not operate in such a manner that it discriminates against women.
52. Criminalise all forms of violence against women, especially the practice of FGM.
53. Ensure that Sudan criminalises torture.
54. Enact legislation banning the use of corporal punishment and all other inhuman and degrading treatment.
55. Put a moratorium on the death penalty.
56. Undertake measures to train members of the judiciary at all levels, state prosecutors, and members of the bar, police and prison officials on human rights law.
57. Repeal Article 33 of the National Security Act that seems to give immunity from prosecution for some members of the Sudanese Security.
58. Publicise and disseminate information about the African Charter, Robben Island Guidelines, and use it as one of the human rights instruments for its training for police and prison officials. The African Commission offers it services to hold training sessions in Sudan for police and prison officials on the use of the Guidelines and other international human rights instruments relating to the prevention and prohibition of torture and conditions of detention.
59. Enact legislation ensuring the complete independence of the Bar Association.
60. Relook at existing laws governing press freedoms with a view to ensuring that the relevant media structures and institutions are empowered to function freely and independently.
61. Inform the African Commission, in its next Periodic Report, of the steps it has taken to address the areas of concern, as well as how it has implemented the recommendations in this Concluding Observations.
Adopted at the 45th Ordinary Session of the African Commission on Human Peoples’ Rights held from 13 to 27 May 2009, Banjul, The Gambia.
The report covers the period from 2003 to 2008. It starts an overview of the geographical, political, legal and institutional framework of the country. It then provides an overview of the achievements made by Sudan with regard to the implementation of the Charter, according to its Articles. The report is illustrated with a large number of statistical data.
This report was prepared with a wide ranging participation by different official organs and through a national mechanism for the writing of the reports for contracting bodies, established by a decision of the Ministry of Justice.