OHCHR calls on Sudan to end impunity and ensure non-discrimination in distributing resources to population

[GENEVA, 27 January 2005] - Efforts to improve the human rights situation in Sudan have fallen short of commitments made following the signing of a peace accord a year ago, the United Nations Office of the High Commissioner for Human Rights (OHCHR) reports today.

In an overview of the situation in the second half of 2005 prepared in cooperation with the United Nations Mission in Sudan (UNMIS), OHCHR notes that the signing of the Comprehensive Peace Agreement (CPA) in January 2005 and the political and legal reforms that followed represented an opportunity for the Government to put an end to a history characterized by widespread human rights abuses and impunity. In the wake of the accord the Government laid the foundation for a strong institutional human rights framework, adopting an Interim National Constitution that made international human rights treaties an integral part of its Bill of Rights and ending emergency law in most states, among other measures. In Darfur, the Government established commissions of inquiry and special courts that had the potential to deal with officials responsible for war-related crimes.

But efforts to improve the situation on the ground have fallen short of aspirations, according to the report. While some reforms require additional time and may bring positive change in the near future, other initiatives have been superficially and inadequately implemented, it says. This was particularly true in Darfur where the CPA, the interim constitution, and other positive political measures were overshadowed by an ineffective judiciary, an ongoing conflict, and widespread human rights abuses.

In Khartoum, allegations of torture at the hands of the National Security, Military Intelligence and police officials have been reported. The absence of fair trial guarantees as well as inhuman detention conditions are of serious concern, the report states. In Southern Sudan and the transitional areas in particular people have been unable to adequately enjoy their economic, social and cultural rights.

The report, which bases its findings mostly on direct investigations and information collected from victims, witnesses, and Government authorities, contains recommendations to help the Government close the gap between commitment and implementation. It calls on the Government to move to end culture of impunity throughout Sudan by, among other things, adequately financing, reforming and staffing the judiciary. Immunity laws for state agents, regardless of their official status or function, should be revoked. In Darfur, in addition to ending impunity and reforming the National Security Service, the Government should cease its attacks on civilians, disarm militias, and install an active, professional, well-trained law enforcement system in Darfur with adequate resources.

The National Security Service should be stripped of it abusive and unchecked powers of arrest and detention, according to OHCHR.

Noting that the conflict in Sudan was initially sparked in response to marginalization and discrimination, the report recommends that resource allocation be fair, transparent, non-discriminatory, and involve the affected communities. The Government should also permit and facilitate the assistance of humanitarian and development assistance, especially where it is unable to provide the required services itself.

The Government must allow civil society to function freely, with restrictions on the media, political parties and unions being the exception rather than the rule.

OHCHR also recommends that more effective use be made of the country's law reform committee set up in October 2005. That panel should strengthen, among others, non-discrimination laws and those pertaining to the rights of women, as envisaged under international human rights treaties.

Read the Second Periodic Report of the United Nations High Commissioner for Human Rights on the Human Rights Situation in Sudan.