SUDAN: Child rights references in the Universal Periodic Review

Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.

Sudan - 11th session - 2011
10th May, 2.30pm to 5.30pm

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National Report
UN Compilation
Stakeholder Compilation
Accepted and rejected recommendations

National Report

15. As provided by the Constitution, a number of new laws were drafted and various existing laws were reviewed in order to bring them into line with the Constitution and relevant international conventions. Of these, we mention by way of example:

• The National Council for Child Welfare Act of 2008.

• The Children's Act of 2010.

26. This Council was established by republican decree in 1991 under the chairmanship of the President of the Republic, with State governors and federal ministers concerned with children's issues as members. Its function is to draw up child-related policies, plans and programmes within the framework of the State's overall policy, in coordination with the other levels of government in the field of child welfare. Together with governmental and voluntary authorities, it also collects statistics, runs seminars, trains personnel and prepares periodic reports for regional and international organizations. The Council furthermore played an active part in drafting the Children's Act of 2010.

29. This Unit was established pursuant to a presidential decree in 2005, at the recommendation of the Cabinet, as a result of the National Plan to Combat Violence against Women. Its function is to follow up implementation of this Plan, in conjunction with the United Nations and international organizations. Similar units have been established in the three states of Darfur and in a number of the other states in the Sudan.

31. A number of units, departments, councils and committees concerned with human rights and the protection of women and children have been established in such government ministries as the Ministry of the Interior, the Ministry of Foreign Affairs, the Ministry of Justice and the Ministry of Social Welfare and Security, all of which endeavour to ensure that the institutional performance of these bodies is consistent with international and national human rights standards.

36. The State has established a number of mechanisms for the promotion of human rights in the context of law enforcement, including, for example, the Ministry of Interior's Coordinating Council on Human Rights and International Law, community police stations and family and child protection units. In addition, the National Security and Intelligence Service established a detainee affairs department and a medical unit in order to improve conditions of confinement. An enquiries and complaints office was also established to receive queries and complaints from citizens directly. This office is under the immediate authority of the Director of the Service.

46. Since 2004, the Sudan has experienced positive developments and genuine progress with respect to the provision of education for all, particularly at the basic education level. This is formally reflected in the Constitution, which provides that education is a right for every citizen and that the State must guarantee access to education, without discrimination as to religion, race, ethnicity, gender or disability. The Constitution furthermore stipulates that education at the basic level is compulsory and must be provided by the State free of charge. In addition are the State's efforts in the area of literacy programmes, which have been steadily developed to cover all areas of the Sudan. The National Education for All Plan also took shape in 2003 with a series of elaborate activities and programmes, while the Five-year Plan for 2007–2011 covers the first quinquennial of the National Quarter-century Strategy for 2007–2031. Both plans provide a road map for the development of education with a view to making tangible progress towards the goal of providing high-quality education free of charge at the basic level.

47. The overall enrolment rate in basic education schools for both sexes in the states of Northern Sudan during the period 2004–2009 increased from 65.1 per cent in 2004 to 71.1 per cent in 2009, which is to say an annual rise of 1.1 per cent. Efforts to measure the net enrolment rate have been impeded by lack of data, which is attributable to the fact that some children have no birth certificates and children of varying ages gain admission.

48. Despite the substantial progress achieved in the basic education sector, major challenges emerged to diminish the potential for attaining this basic education goal, specifically:

• Poverty and illiteracy are among the reasons for which children from impoverished families are ultimately denied the opportunity of enrolling and remaining in school

• Educational institutions lack the relevant capacities needed, particularly in the areas of planning, financing, budgeting, administration and follow-up, to guarantee efficiency, improve service delivery and ensure the refurbishment and construction of school facilities .

49. In the field of secondary education, the Sudan has taken a big leap forward by constructing a large number of secondary schools and minimizing wastage in basic education, which led to an upsurge in the rate of enrolment in secondary education for males and females. The Sudan has lately devoted special attention to technical education alongside academic education at this level.

50. At the higher education level, universities and higher institutes have been established in all states of Northern Sudan as part of the revolution in higher education that has pervaded the country since the early 1990s. These educational institutions, however, are still considerably lacking in the human and technical resources needed for them to optimize their role. Statistics have recently pointed to a noticeably larger increase in the rate of enrolment for girls in higher education than for boys.

53. The Zakat Office is an institution that provides protection and primary social security in the Sudan with a view to social justice by transferring financial resources from the better-off to the vulnerable groups in society. The basic philosophy of zakat (alms-tax) is to procure funds by taking a fixed amount of a person's wealth for spending on specific groups, in particular the poor and needy. In the Sudan, the obligation of zakat is viewed as a social security mechanism embodying the State's concerns to instil a sense of solidarity and mutual human understanding among the individuals in a society where the rich help the poor.

• Support for education projects, including the refurbishment of basic schools, the supply of student seating and the provision of essential school materials to a substantial number of students in basic and secondary education, in addition to sponsorship for university students .

62. In the field of maternal health, the national reproductive health and family planning policy is a main priority with respect to reproductive health issues. The interventions of the past few years have focused on increasing access to services and on improving the quality of reproductive health services by training medical assistants in the delivery of such services as antenatal care and family planning in particular. Intensive efforts have also been made to increase awareness by developing information addressing various reproductive health situations for dissemination at the state level through the local and national media. In the context of efforts to reduce the prevalence of morbidity and mortality associated with pregnancy and childbirth, the Sudan adopted a policy of free Caesarean operations in 2008 and free obstetric care in 2010 in order to improve and enhance the quality of care, the emphasis being to ensure free life-saving care.

63. In the area of child health, numerous efforts have been made to reduce child mortality, in particular through:

• Implementing strategies to expedite and promote the delivery of routine services, such as the life-saving initiative for children comprising special risk packages, and strengthening the guidelines and protocols for guaranteeing the quality of treatment administered to sick children

• Using new vaccines to protect children against most of the common debilitating diseases and expanding the reach of booster and routine vaccination services by means of a strategy for each of the states in the Sudan

• Promulgating and enforcing laws, regulations and joint agreements dealing with sensitive child health issues, in which context a presidential decree was issued concerning free treatment for children and the Maternity Leave Act .

73. The Constitution guarantees children's rights, binds the State to providing childcare, pursuant to article 32 (4), and requires it to protect the children's rights articulated in the international and regional conventions ratified by the Sudan. The Sudan was among the first States to have ratified the Convention on the Rights of the Child in 1989 and similarly the two Optional Protocols thereto. The Sudan routinely submits periodic reports to the mechanisms for these instruments.

74. Under Sudanese laws, importance is attached to children from birth, in that the registration of births is compulsory pursuant to the Civil Registry Act of 2001, article 28 (1) of which provides that all births must be registered within a maximum of 15 days from the date of birth. In practice, births are registered at the hospitals of birth and at health centres, without charge. The legal attention to children's rights continues after birth by the grant of nationality, inasmuch as article 7 (2) of the Constitution provides that every person born to a Sudanese mother or father has the inalienable right to enjoy Sudanese nationality and citizenship. The Constitution establishes Sudanese nationality for children through both the mother and father alike.

75. The first Children's Act was promulgated in 2004, to be followed in 2010 by a new law to accompany the Bill of Rights set forth in the Interim Constitution of the Sudan of 2005. This law prescribes many of the rights enunciated in the Convention on the Rights of the Child and affords special protection to children, providing as it does for the establishment of a children's prosecution service in every state of the Sudan and also for the establishment of children's courts composed of a first instance judge and two members with expertise in children's issues. It further provides for special measures with respect to the trial, defence and punishment of children. The law also raised the age of criminal liability for children from 7 to 12 years and categorically prohibits the death penalty for any person under 18 years of age.

76. The Labour Code of 1997 prohibits the employment of children under 16 years of age in dangerous or strenuous activities and sets the working hours for children. Periodic medical examinations are a prerequisite for employment and employers are bound to inform the authorities of any signs of misconduct.

77. Concerning the ban on recruitment of child soldiers, the People's Armed Forces Act of 2007 provides that the recruitment of any person under 18 years of age is prohibited. A disarmament, demobilization and reintegration plan was also designed with the aim of removing children from armed forces or groups, reunifying them with their families and helping them to reintegrate into their communities. Covering all boys and girls under 18 years of age in all armed forces and groups, the programme was begun in 2003 by the Government of the Sudan and the Sudan People's Liberation Movement (SPLM) in the form of a committee, which was then reformed in 2006 as a commission under the authority of the Presidency of the Republic. The programme is implemented in cooperation with the United Nations Children's Fund (UNICEF), and the commission continues to operate; indeed, it demobilized and reintegrated large numbers of child soldiers from the Darfur rebel movements after agreements had been reached with some of these movements. Also to be mentioned in that context is the presidential amnesty for child soldiers recruited by the Justice and Equality Movement (JEM) who took part in the attacks on Omdurman in 2008.

78. With respect to administrative measures and future plans, the Ministry of Social Planning established a national council for the care of orphans in order to ensure their welfare and meet their humanitarian needs.

79. There are a number of challenges to the full operationalization of children's rights, including:

• The high population movement caused by migration from rural to urban areas, which leads to a prevalence of begging, street children and school dropout at an early age

• The influence of armed conflict on a large segment of children, their membership in some cases in the ranks of armed groups, and their actual involvement in military operations

• Poor distribution of primary health-care services, financial obstacles and insufficient human resources

108. The Sudan looks forward to benefiting fully from the United Nations Technical Cooperation Programme in the Field of Human Rights and to attracting a number of international initiatives aimed at building and strengthening the capacities of national governmental and non-governmental institutions in the different human rights fields, as follows:

• Support for specialized training programmes in children's rights, women's empowerment and the rights of persons with disabilities in the interest of involving these groups and strengthening their role in the process of sustainable development

121. Part Two summarizes the rights and freedoms as: right to life and human dignity, liberty, rights of the women and children, rights to a privacy, rights to a fair trial and litigation , right to own property, right to religion, right to education, right to participate in voting, right of persons with special needs and elderly, right to public health care, rights to access information, rights of ethnic and cultural communities and the equality before the law; freedom of conscience, expression, assembly, movement and association, freedom from torture, slavery, servitude and forced labour and restriction on death penalty.

126. In Southern Sudan slavery and servitude are prohibited in absolute terms under Article 17 (1) of the Constitution. Further, Article 17 (2) proscribes forced labour, except as a form of penalty upon conviction by a competent court of law. In the Penal Code Act, 2008, pursuant to Ss. 253–258 practices such as trading, accepting, receiving or detaining a person as a slave; procuring or attempting to procure a woman below the age of 21 as a prostitute in a brothel in Southern Sudan or elsewhere either through the use of threats or other means are prohibited. Owners of premises are also prohibited from using such premises for men to have unlawful carnal knowledge of girls less than 18 years.

136. The 2010 budget has ensured that expenditure in the social sectors; particularly on Health and Education remain high.12 This is evidence of government's commitment to the promotion and protection of the right to health and the right to education. While it is Government's policy to promote and protect all economic, social and cultural rights, this section of the report will mainly focus on the following areas.

137. Southern Sudan's education sector was one of the sectors that was left in bits as a result of nearly three decades of devastating war. In November 2006, a first post war conference conducted in all the 10 Southern Sudan states by Government of Southern Sudan Ministry of Education, Science and Technology (MoEST) and UNICEF, concluded that; the vast majority of learning spaces were found to provide insufficient cover for children and teachers. Only 461 of the 2,922 learning spaces assessed have permanent classrooms. A total of 913 learning spaces conduct classes outdoors, making open-air facilities the most common type of learning space. Semi-permanent learning spaces, or learning spaces constructed using local materials, are the second largest category with 833 identified learning spaces, while 313 communities had constructed a basic roof structure using grass or plastic.

At the moment and since the 2006 launch of the "Go to School" initiative – the MoEST and partners roadmap to improve the situation, now over 4,000 metric tons of school supplies have been distributed and over 2,500 teachers have been trained. Enrolment has risen to 850,000 from an estimated 343,000 during the civil war. Over one-third of students are now girls – far from the rate needed to achieve gender parity. Still the major challenge to the "Go-to-School" initiative is learning spaces. In an environment where building materials are scarce and skilled labor hard to find, the construction of permanent, child-friendly schools remains a challenge. However, the intensive planning process initiated during 2006 has paid off during the first dry season of 2007. Currently, the Government of Southern Sudan through the Multi Donors Trust Fund15 (MDTF) is focusing on improving primary education and alternative learning opportunities for the most disadvantaged populations, returning refugees, demobilized soldiers, and non-traditional learners. The MDTF allocated budget combined with GoSS educational budget of the 2009 fiscal year has funded the construction of 10 schools and nine county education centres, and about 1,200 teachers received critical training, new curricula and textbooks are in development and half a million books and learning materials are now being distributed to boost adult literacy.

141. The overall health goal is to improve the health status of the people in Southern Sudan in order to contribute to socio-economic development in line with the Millennium Development Goals and to provide equitable access to cost effective and quality health care. The region has a decentralized approach to planning and provision of health services which broadens the scope for all individuals to access health services. Priority areas focus on improving reproductive health for women, men and adolescents, increasing child survival and providing better quality of life for men and women, including the use of family planning services.

142. Southern Sudan continues to face challenges in the provision of health care services in that the Maternal Mortality Ratio remains high due to a high percentage of unskilled home deliveries and limited access to facilities. Although the overall Infant Mortality Rate and the Child Mortality Rate have declined, they remain a concern to Government. Malaria, HIV and AIDS are a major public health concern in Southern Sudan.

143. Southern Sudan Government continues to undertake measures aimed at improving health standards in the Country. These include improving child health and reducing child mortality. In this regard the Ministry of Health has continued to undertake massive nation- wide health campaigns for children under the age of five, on radio and national television. The campaigns have included giving vaccinations and medicines to children below the age of five, free of charge at all Government health centers.

144. In an effort to protect the life a child at birth, provides free antenatal care services for pregnant women. Women are advised on the nutritional standards to adhere to during pregnancy. This measure helps to increase the chances of child survival at birth and a child's good health during the first five years of its life. All pregnant women are free to visit their local antenatal clinics during their pregnancy.

145. Safe motherhood is addressed by providing affordable quality care for the mother and the new born baby as close to the family as possible. Intervention includes the putting in place of measures to improve maternal and neonatal deaths.

146. Southern Sudan acknowledges the fact that adequate quality and equitable dispensation of reproductive health services is basic in ensuring safe motherhood, guaranteeing child health and reducing maternal and child mortality. As a means of lowering maternal mortality, child mortality and increasing life expectancy, Southern Sudan has through the Ministry of Health Integrated Health Project increased family planning services among the young rural population in order encourage families and couples, to child space.

153. Children are entitled to the human rights guarantees stipulated in Part Two of the Constitution that provides for the Childs right to life, survival and development; name and nationality; be cared for by his or her parents or legal guardians; not to be subjected to exploitative practices or abuse, nor to be required to serve in the army or to perform work which may be hazardous or harmful to his or her education, health or well-being; to be free from any form of discrimination; to be free from corporal punishment and cruel and inhumane treatment by any person including parents, school administration and other institutions; and to be protected from abduction and trafficking. All these rights were incorporated in several statutes that provides for the promotion of the rights of children and protection namely, Child Act, 2008 that provides for the general principles regarding the rights of the child in chapter II such as inter alia: the best interest of the child shall be considered as paramount when any question with respect to the upbringing, care or welfare, or administration of a child's property is being determined by the Court, local authority or any person.28 Penal Code Act,2008, Code of Criminal Procedure Act, 2008, Southern Sudan Police Act, Sudan Peoples Liberation Army Act,2009 that prohibits enrolment into the SPLA forces if a person has not attained eighteen years of age, Sudan People's Liberation Army Rules and Regulation, 2009. These statutes are all in line with the Convention on the Rights of the Child (CRC).

154. Recently, policies that constitute core guidelines for improving the welfare and quality of life of children as well as for protecting their survival and developmental rights are undergoing. Survival and development of children are major objectives of these policies, which aims at reducing moderate to severe malnutrition in children, and expanding early childhood care and development programmers throughout the region. The Ministry's policy documents emphasized on the following guidelines among others: development of Child Welfare policy; harmonize child welfare policy across sectors and actors; coordination of child welfare activities consistent with policies; promotion of children's right; support girl child education; rehabilitation of child soldiers and street children; rehabilitation of orphans including fostering and adoption, and promotion of child participation in decisions that affect them.

155. The policies also aim at providing guidelines for improving the welfare and quality of life of children by consolidating all existing and proposed legislation pertaining to children.

156. Southern Sudan has been going through the process of making the principles and provisions of the CRC widely known to adults and children.

Compilation of UN Information

3. In 2010, the Committee on the Rights of the Child (CRC) recommended that the Sudan consider ratifying the ICCPR-OP1, the CEDAW, the CAT, the ICCPR-OP2, the OP- CAT, the 1954 Convention relating to the status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. It also recommended that the Sudan ratify the Rome Statute of the International Criminal Court, and amend its legislation in order to ratify the Palermo Protocol.

7. In 2010, while taking note that the Sudan has adopted two national plans of action to combat violence against women and children (2007–2011) and end female genital mutilation (FGM 2007–2018), CRC however recommended, as highlighted by UNICEF, that the Sudan develop a national plan of action for the implementation of children's rights and adopt a holistic child rights approach to implementing the Convention.

12. In 2010, as highlighted by UNICEF, CRC expressed concern that unwed mothers and children born out of wedlock continue to suffer social discrimination and recommended that the Sudan take effective steps to address this discrimination.

14. In 2010, the Secretary-General noted that the application of the death penalty in both Northern and Southern Sudan remains a matter of concern, especially when many of those on death row have not been represented by counsel during the trial. He also noted that in the North, at least eight child suspects remained on death row, despite Government assurances given to the Special Representative of the Secretary-General for children and

armed conflict.Following up on their previous communications on the matter, two Special Rapporteurs sent, on 10 February 2010, an urgent appeal to the Government raising general concerns regarding the continued imposition of death penalty against children in the Sudan. The Government replied to that communication.Also in 2010, CRC urged the Sudan to ensure that the death penalty is not carried out on children, including in cases of retribution or hudud, and to replace any death sentences already passed on persons under 18 years with an appropriate alternative sanction. The HR Committee in 2007, UNICEF in 2010 and the Independent Expert in 2010 raised similar concerns. The HR Committee moreover recommended that the number of crimes carrying the death penalty be restricted.

21. CRC was also concerned over the rise in the incidence of localized armed conflicts and inter-tribal clashes, often characterized by the targeting of civilians, particularly women and children, in Southern Sudan. It was seriously concerned that the Lord's Resistance Army (LRA) continued to engage in violence in the region. CRC noted with concern that the climate of insecurity is aggravated by the failure of the Sudan to ensure accountability for human rights violations, to address the proliferation of small arms and other weapons and to maintain law and order.

23. The Independent Expert noted that acts of sexual violence, particularly against internally displaced women and girls is still of concern in Darfur. However, he also noted that there had been a number of positive developments in combating gender-based violence, including an increasing awareness among some judicial officers of the seriousness of sexual violence crimes and their effect on the victims.

24. On 17 February 2009, three Special Rapporteurs sent a communication to the Government requesting that it reconsidered its decision to remove article 13 of the draft Children's Act, and to criminalize all forms of FGM in both the Children's Act and the Criminal Code. In 2010, CRC urged the Sudan to pass legislation at the federal level to expressly prohibit FGM and ensure that such legislation is enforced in practice, and strengthen educational and awareness-raising programmes on the harmful effects of FGM. The HR Committee in 2007, and UNICEF in 2010 made a similar recommendation.

25. In 2010, UNICEF, the ILO Committee of Experts on the Application of Conventions and Recommendations (ILO Committee of Experts) and CRC indicated that children were still associated or recruited by armed forces. CRC recommended that the Sudan take effective measures to end the recruitment of children into the SAF and affiliated armed groups, ensure that all military codes, manuals, rules of engagement and other military directives are in accordance with the provisions of the OP-CRC-AC, take effective steps to put an end to the practice of forced recruitment of children and child abduction by non- State armed groups, including the Justice and Equality Movement (JEM), the Sudan People's Liberation Army (SPLA) and the Lord's Resistance Army (LRA), ensure that victims of abduction receive assistance for their physical and psychological recovery and social reintegration,60 also prioritize the provision of assistance for the physical and psychological recovery of child combatants who have been demobilized, including the provision of specialized medical care for girls formerly associated with armed groups who have been victims of sexual violence.

26. In 2010, CRC was concerned that child labour is widespread, with many children employed as domestic servants and in factories, the agricultural sector and the informal economy. It also expressed concern over the abduction of children for the purpose of forced labour, including sexual slavery, and the de facto impunity enjoyed by perpetrators. It recommended that the Sudan take legislative and other measures to protect children from being subjected to forced labour, take effective steps to remove children from situations of forced labour, and address the root causes of child economic exploitation. In 2010, the ILO Committee of Experts expressed similar concerns.

27. In 2010, CRC and UNICEF were concerned that corporal punishment, particularly caning and flogging, was widely practised in schools, homes, courts and prisons. CRC urged the Sudan to take all necessary measures to end the practice of corporal punishment, and, inter alia, promote positive, non-violent and participatory forms of child-rearing and education.

28. Concerning children living and working on the streets, CRC recommended that the Sudan, inter alia, address the root causes of the phenomenon, protect such children from violence, as well as sexual and other forms of exploitation, ensure that they are not treated as offenders and subjected to violence by the police or detained, secure the release of all children sent to closed camps or other places of detention, and facilitate their reunification with their families, wherever possible.

33. In 2010, UNICEF stated that although both the Federal and the Southern Sudan Child Acts provide for restorative justice and diversion services for children in conflict with law, the laws are not yet enforced. There is only one juvenile court in Sudan (in Khartoum), no reformatories outside of Khartoum, and lawyers, judges and traditional courts are not sufficiently trained on juvenile justice. Children continue to be prosecuted in adult courts and detained with adults.

38. CRC also urged the Sudan to pass legislation at the federal level to expressly prohibit early and forced marriage, which often might have the elements of sale of children and/or child prostitution, ensure that such legislation is enforced in practice, and strengthen educational and awareness-raising programmes on the harmful effects of early and forced marriage. The HR Committee in 2007, and UNICEF in 2010 made a similar recommendation.

47. In 2010, WHO indicated that the protracted period of conflict had disrupted the health system and that much of the health infrastructure had either been destroyed or was in need of maintenance and repair. Also in 2010, UNICEF stated that the rural health-care system in all parts of the Sudan required urgent attention. Primary health-care facilities and rural hospitals were lacking trained health personnel and essential medical equipment. CRC expressed similar concerns, including as regards high infant and child mortality rates and early pregnancies. It recommended that the Sudan, inter alia, take effective measures to improve access to health care, particularly in remote and rural areas, and to rebuild health infrastructure in Darfur and Southern Sudan; ensure that health services are of an adequate standard by allocating sufficient financial resources to the health sector and ensuring the availability of qualified medical staff, including in remote and rural areas; and consider establishing a network of mobile health care facilities in conflict-affected areas as an interim measure.

48. In 2010, UNICEF pointed out that the overall basic education situation varies significantly from one region to another. Sudan's INC and Child Act provide for free and compulsory basic education. However, in practice, many children cannot access school because of school fees. In addition, many girls do not attend school. Due to protracted armed conflict and ongoing instability, the majority of children in Southern Sudan do not receive primary or secondary education. In Darfur, children living in rural areas or IDPs camps have limited access to primary or secondary education. In Eastern Sudan, a large number of children are also out of school.108 CRC expressed similar concerns. UNICEF also noted the extremely low budget allocations for education, resulting in the lack of availability of trained teachers, poor school infrastructure and a chronic shortage of supplies and equipment. The Independent Expert raised similar concerns.

49. In 2010, UNICEF stated that the 1974 Asylum Act does not include specific procedures relating to refugee status determination for children, neither does it address the special needs and vulnerabilities of asylum-seeking children. Besides, due to Sudan's policy of requiring asylum seekers and all refugees to reside in camps, children's opportunities to access to education, health care and other basic services are constrained. The HR Committee in 2007 and CRC in 2010 raised similar concerns.

55. In 2010, UNICEF stated that the Government of National Unity (GoNU) and the Government of South Sudan (GoSS) should fully implement the concluding observations of the CRC as well as the recommendations of the Security Council Working Group on children and armed conflict. In addition, the SPLA should implement in full the Action Plan of 2009, in which it committed to release all children within its ranks.

57. In 2010, CRC requested that the Sudan, inter alia, make use of the technical assistance tools developed by the United Nations Interagency Panel on Juvenile Justice (IPJJ).

Summary of Stakeholders' Information

17. JS1 stated that unlike male children, female children were not entitled to inherit from their deceased father's estate. JS8 stated that widows were prevented from inheriting the property of their deceased husbands.

19. JS5 noted that although Article 36 of the INC restricted the use of the death penalty for those under the age of 18, it did not exempt children from the death penalty in the event of "hudud" crimes, including armed robbery.

28. JS2 stated that Article 149 of the 1991 Criminal Code defined rape with reference to adultery, noting that this created confusion over evidentiary requirements for a prosecution, and that women are put at risk of facing prosecution for adultery where rape cannot not be proved. JS2 also noted that "domestic rape", "forms of sexual harassment" and "certain types of female genital cutting/mutilation" do not constitute criminal offences in the Sudan. It recommended legislative changes which should include changing the definition of rape, criminalising marital rape, and making all forms of sexual violence a criminal offence. The Christian Solidarity Worldwide (CSW) also recommended a review of the legislation along similar lines, in particular Articles 145 and 149 of the Criminal Code.

30. CSW stated, in relation to Northern Sudan, that the Sudanese Parliament, on August 2010, called for the punishment of Zina including the stoning to death of adulterers or those accused of having extra-marital affairs, and the promotion of early marriages and polygamy. CSW stated that flogging and Zina punishments were in violations of Article 7 of the ICCPR, and that the encouragement of early marriages could amount to a violation of Sudan's obligations arising from the CRC. CSW recommended that practice and legislation that impacted on women and children reflect Sudan's obligations under international law.

31. JS5 stated that Article 13 of the "draft Child Act" which prohibited and criminalized female genital mutilation (FGM) was withdrawn prior to adoption, despite Sudan's strategy and its national, regional and international obligations to eliminate FGM. Jubilee Campaign (JC) stated that in February 2009, "Sunna", one of three kinds of FGM that removed "the hood and part of the clitoris", was legalised68 and recommended the abolition of this law and the eradication of this practice, by raising awareness of their effects and educating communities. JS3 made a similar recommendation.

32. Noting an escalation of gender-based violence in Southern Sudan and a reported increase of physical abuse of women and children in the home, CSW recommended increased efforts to raise awareness and education of the police and general public about gender-based violence.

33. JS3 stated that 89 children were involved in the JEM attack in 2008 and indicated that all warring parties should abandon the military conscription of children and refrain from using child soldiers.

34. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) stated that corporal punishment was explicitly prohibited in Southern Sudan while it was lawful in Northern Sudan both in the home and in penal institutions. While the Child Act prohibits "cruel penalties" in schools in Northern Sudan, it did not explicitly prohibit all forms of corporal punishment.

35. JS8 stated that in Southern Sudan there were many orphaned children living on the streets and who were beaten by the police whenever there were complaints of robbery or burglary. Most of these children were victims of abuse and rape and did not receive any medical care.

47. JS6 stated that young girls often did not have a say in whether to marry and to whom they should marry, as these decisions were made by their parents. It indicated that while marriages involving young girls were illegal for decades, they remained common in the Sudan.

65. JS10 stated that in the province of the Red Sea there were insufficient medical facilities and that existing health centres lacked personnel, equipment and medication. It recommended inter alia an increase in doctors and other medical personnel; training for mid-wives; and the establishment of new centres for the nutrition of women and children.

68. JS1 stated that Article 44 (1) and (2) of the INC guaranteed education for every citizen without discrimination, with primary education being compulsory and free. Although there were programmes to implement this guarantee, the GoNU was unable to meet all the needs and students were therefore charged administrative costs.

69. JS1 stated that parents preferred to send their sons to school and kept girls at home for household chores. JS6 stated that girls were deprived of education because of the belief by parents that if girls were educated they will be driven from their traditions. JS1 stated that girls were removed from school when they reached puberty.

70. JS10 stated that in the province of the Red Sea, there was a shortage of schools and also insufficient teachers. It recommended better infrastructure for education, including vocational schools.

71. JS1 stated that the right to education was compromised through the profiling of students considered to be supporters of groups that were in opposition to the GoNU. It stated that 90 percent of the students of southern origin who sat for their school certificate in 2010 were not admitted to universities in the national intake.

72. JS1 stated that there were insufficient teachers in schools in the rural areas. There was also overcrowding in schools, with some classrooms having about 200 students and as a consequence, teachers found it difficult to track students' performance and their presence in school. Also, some pupils walk long distances to get to school.

73. JSI stated that there were two curricula in Southern Sudan, the Sudan curriculum and the East African curriculum. The East African curriculum was in English while teachers in the State of Western Bahr el Ghazal were trained to teach in Arabic, and were thus unable to teach the new curriculum. JSI recommended that Sudan should come up with a curriculum based on both curricula and teachers should be equipped to teach in both English and Arabic.

Accepted and Rejected Recommendations

The following recommendations were accepted:

A- 83.7 (Part 1). Accede or ratify the following international instruments: International Convention for the Protection of All Persons from Enforced Disappearance; Convention on the Elimination of All Forms of Discrimination against Women; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Ecuador);

A - 83.7 (Part 3) Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; (Ecuador);

A - 83.10. Sign and ratify the Convention on the Elimination of All Forms of Discrimination against Women, and adopt a law prohibiting female genital mutilations (France);

A - 83.33. Adjust legislation and practices affecting women and children to international law obligations assumed by Sudan (Honduras);

A - 83.46. Establish an appropriate mechanism for the protection and the promotion of children rights (Poland);

A - 83.63. Continue its active efforts to promote children's rights, including the implementation of the new law on children promulgated in 2010, disarmament, demobilization and reintegration activities for children, enhancement of a juvenile court system, and work towards the compulsory registration of births and the eradication of female genital mutilation (Japan);

A - 83.64. Develop a national plan of action to enforce the rights of children in a comprehensive manner and based on the Convention on the Rights of the Child (Uruguay);

A - 83.65. Continue to devote special attention to children in order to realize their best interest (Jordan);

A - 83.66. Develop a national plan of action for the implementation of children's rights and adopt a holistic child rights approach (Islamic Republic of Iran);

A - 83.67. Develop a national plan of action for the implementation of children's rights (Australia);

A - 83.68. Elaborate national legislation for the protection of child rights and create national mechanisms to monitor implementation (Saudi Arabia);

A - 83.84. Further pursue efforts aimed at strengthening the protection of the rights of women and children through further development of legislation and mechanisms in this field (Syria);

A - 83.93. For as long as it resorts to the death penalty, respect the relevant international standards, especially the principles stated in Economic and Social Council resolution 1984/50, and particularly ensure that it will only be applied to the most severe crimes and to individuals who are more than 18 years of age at the time of the act (Belgium);

A - 83.94 (Part 2). immediately stop the imposition of this cruel measure on children (Uruguay);

A - 83.95. Immediately prohibit the death penalty and immediately prohibit its application to minors (Spain);

A - 83.96. Abolish the death penalty against juvenile offenders (Italy);

A - 83.97. Consider especially abolishing the death penalty to children under 18 years (Brazil);

A - 83.98. Ensure that no one is executed for a crime that he/she would have committed when he/she was under the age of 18 years, and commute death sentences already pronounced against minors to appropriate alternative sentences (Switzerland);

A - 83.99. Lower the criminal responsibility for children, ban the application of the death penalty to children, and prohibit the recruitment of children as child soldiers and their participation in armed conflict (Palestine);

A - 83.100. Prohibit executions of minors pursuant to the Children's Act of 2010 (France);

A - 83.101. Ensure that the death penalty is not carried out at least on persons under 18 years of age (Slovenia);

A - 83.103. Take further measures to prevent and combat all forms of violence against children and women, including training law enforcement officials to deal with sexual violence cases (Brazil);

A - 83.104. Take measures to raise awareness of the police, other authorities, and the general public about gender-based violence against women and girls, as well as women's rights (Finland);

A - 83.105. Develop and implement national legislation explicitly prohibiting female genital mutilation and ensure its practical enforcement. Enhance school programmes and community education to raise public awareness about the harmful effects of this practice which constitutes a serious form of violence against women and a serious attack on human rights (Ecuador);

A - 83.106. Take all necessary measures to end female genital mutilation, notably regarding prevention, awareness-raising, control and sanctions (Belgium);

A - 83.107. Pass legislation at the federal level to prohibit female genital mutilation and early forced marriages, and ensure that such legislation is enforced in practice (Slovenia);

A - 83.108. Adopt legislative and other measures to explicitly prohibit and eradicate female genital mutilation, and reinforce awareness and education programmes about its harmful effects (Uruguay);

A - 83.109 (Part 2). Completely eradicate the practice of female genital mutilation through education and awareness campaigns in the communities (Honduras);

A - 83.111. Continue to take strong measures to end the recruitment and use of child soldiers (Malaysia);

A - 83.112. Take effective measures to end the recruitment of children into the armed forces and affiliated armed groups, and also fight the forced recruitment and abduction of children by non-State armed groups (Uruguay);

A - 83.113. Take all necessary measures to ensure that all children are released by armed forces and armed groups, and that these children receive all the assistance necessary for their physical and psychological recovery, including special medical care for victims of sexual violence (Slovenia);

A - 83.114. Criminalize the worst forms of child labour and accede to international treaties which ban this practice (Saudi Arabia);

A - 83.115. Adopt national legislation to protect child rights, create follow-up mechanisms, criminalize the worst forms of child labour and accede to international treaties banning this practice (Mauritania);

A - 83.128. Adopt strong and decisive measures to punish those responsible for the rape of girls and women (Honduras);

A - 83.146. Continue to take steps to decrease child mortality rate (Democratic People's Republic of Korea);

A - 83.147. Continue its efforts with regard to the advancement of women's rights, reduction in child mortality and illiteracy rates, and the reintegration of children into their communities (Azerbaijan);

A - 83.148. Continue efforts aimed at ensuring education for all children and make arrangements to improve the performance of the education system (Algeria);

A - 83.149. Devote attention to the education of children and take measures to reduce the rate of dropouts from school (Bahrain);

A - 83.150. Strengthen the capacities and competencies of educational institutions in terms of providing services and rehabilitation to them, especially primary schools (Oman);

A - 83.151. Continue applying programs and measures aimed at guaranteeing universal access to quality education and health services to the population (Cuba);

A - 83.152. Devote attention to the education of children and use education to spread a human rights culture though school curricula (Saudi Arabia);

A - 83.153. Increase the expenditure allocated for education in order that it could be accessible to children across the country (Sri Lanka);

A - 83.154. Increase actions for access to schooling (Democratic Republic of the Congo);

A - 83.160. Improve, in cooperation with relevant stakeholders, the living conditions and safety situation of internally displaced persons by providing access to humanitarian assistance, while ensuring the security of humanitarian workers, and strengthen its protection of women and girls from sexual violence in the camps of the internally displaced (Thailand).

A - 85.3. Adhere to the Convention on the Rights of the Child and its two Optional Protocols and endorse the Paris Commitments to protect children from unlawful recruitment or use by armed forces or armed groups (France);

The following were rejected:

R - 83.7 (Part 2) and its Optional Protocol (Ecuador);

R - 83.7 (Part 4) and the Rome Statute of the International Criminal Court (Ecuador);

R – 83.94 (Part 1). Establish a moratorium on the death penalty with a view to its abolition and (Uruguay);

R – 83.109 (Part 1). Abolish the law that legalizes the Sunna and (Honduras);

R - 83.123. Raise the minimum age of criminal responsibility currently fixed at 12 years, in Compliance with its international obligations (France);

No recommendations were left pending.


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