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National Report
Compilation of UN Information
Stakeholder Information
Accepted and Rejected Recomendations
National Report
II. Developments in the promotion and protection of human rights
A. Legislative developments
The Act establishing the Educational Professions Council of 2014
8. The issuing of the Act establishing the Educational Professions Council is a way to promote the right to education and to develop and promote the teaching professions, in light of the fact that education is a fundamental right.
III. The effective promotion and protection of human rights
A. The right to health
24. In 2014-2015, in order to expand basic health-care services, 337 units and centres catering for family health were built, equipped and staffed with qualified personnel in various provinces of the Sudan. Moreover, in November 2015, contracts were signed to fit out 97 hospitals in rural areas with operating theatres, delivery rooms, blood banks and laboratories, the full costs being met by the Government. The hospitals, fitted with all the necessary equipment, will be handed over by the end of the first half of 2016. According to reports of the World Health Organization, the Sudan is one of the best countries in the Eastern Mediterranean and North Africa region as regards the vaccination of children.
F. The right to work
34. In 2011 the State launched a nationwide project to incorporate graduates from universities and institutes of higher education into government institutions. This project reflects the State’s policy to build capacity at the provincial level and to provide sufficient staff to that end, thereby responding to demands to devolve authority and supply additional resources to the provinces. Eleven thousand eight hundred and ninety graduates found employment in the State sector in 2012, 23,541 in 2013 and 14,448 in 2014.
G. The right to education
36. There has been a noticeable improvement in the exercise of this right on the ground as the State has been making great efforts to improve attendance levels in general education by building new classrooms and schools, and meeting other requirements. These provisions are in keeping with the five-year plan 2012-2016, the decisions taken at the World Education Forum held in Dakar in 2000 and the Millennium Development Goals. In 2013, a global partnership agreement to promote basic education was signed between the Government of the Sudan and the donor support fund, the aim being to increase access to school education for all children14 with a particular focus on children in rural schools, girls and other marginalized groups such as displaced and nomadic persons. Other aims include reducing school dropout rates, increasing attendance opportunities and ensuring that pupils remain at school during their basic education.15 The project to strengthen basic education, which began in 2013, includes the construction of 2,000 classrooms, of which 608 had been built by 2014, and the distribution of education grants to 800 pupils, of which 463 have so far been disbursed. The project is due to come to an end in 2017. Child-friendly school standards have been applied in 300 schools to ensure that children receive their education in a safe environment.
37. Education strategies for girls (2014-2016), nomadic persons and children with disabilities (2013-2016) have all been updated.
38. The eastern provinces (Gedaref, Kassala and Red Sea), where school attendance is lower, have undertaken to follow a policy of food for education whereby pupils are provided with a meal and their families receive material support. As a result enrolment has increased by up to 80 per cent in some areas.
39. Under Ministerial Decree No. 9 of 26 May 2014, a higher national committee has been formed to implement the national plan for human rights education. The committee has the following tasks:
• Following up on the national plan for human rights education;
• Implementing national commitments in the field of human rights education;
• Authorizing and funding projects under the plan;
• Implementing national awareness-raising programmes among educators;
J. The rights of children
46. One of the most important advances in the promotion of children’s rights was the creation in 2014 of an information management system for monitoring and follow-up on the implementation of strategic polices aimed at children, thanks to a partnership between the Advisory Council for Human Rights and the United Nations Children’s Fund (UNICEF), with the cooperation of the National Centre for Information and the Central Statistical Office.
47. Statistics for the year 2013 show that 44,821 children between the ages of 6 and 13 who had dropped out of school re-enrolled in basic education, thanks to the accelerated education programme.
48. The number of primary health care facilities offering integrated management of childhood illnesses rose from 2,198 to 2,556 in 2013. Those facilities are operational in 113 of the 184 targeted districts.
49. The National Council for Child Welfare has adopted a new methodology for the implementation of the five-year child welfare plan 2012-2016. Beginning in 2014, it has instituted annual plans under which all child welfare activities are integrated into cooperation agreements with donors which serve the goals of the five-year plan. During 2013, more than 7,182 children who had contact with the law — whether as victims, witnesses or offenders — were able to benefit from the services provided by the police family and child protection units, which comply with child protection standards.
50. During the course of 2013, child protection working groups were set up under the leadership of child welfare councils in the provinces and with members drawn from organizations active in the field of child protection. They are working to address the problems children face in three regions affected by armed conflict.
A. Accession to international instruments
Recommendations 83.1, 83.5, 83.6, 83.7, 83.8, 83.9, 83.10, 83.11, 83.12, 83.13 and 83.14
53. In 2013, in order to promote and strengthen the legislative framework underpinning human rights, the State ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, while in September 2014 it ratified the United Nations Convention against Corruption. Moreover, by decree of the Minister of Justice, committees have been formed to study the possibility of acceding to the Convention on the Elimination of All Forms of Discrimination against Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention for the Protection of All Persons from Enforced Disappearance. A committee has also been created to examine the third Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
D. Recommendations concerning the rights of children
Recommendations 83.33, 83.46, 83.63, 83.64, 83.65, 83.66, 83.67, 83.68, 83.94, 83.95, 83.96, 83.97, 83.98, 83.99, 83.100, 83.101, 83.111, 83.112 , 83.113, 83.114, 83.115, 83.148, 83.149, 83.150, 83.152 and 83.153
58. In the area of policy and strategy the following measures have been taken: a charter of children’s rights has been drafted for inclusion in the forthcoming Constitution and national strategies have been developed aimed at preventing child marriage, helping children in early childhood and protecting the children of female prisoners.
59. Implementing regulations for the Child Act were issued in 2013. They cover a number of important questions such as kindergartens, the treatment of child victims, the regulation of child labour, referral outside the judicial system, breastfeeding, etc. A social monitoring system has been set up in a number of courts to oversee the application of penalties other than detention, while the system of referral outside the judicial system has begun to be applied in four provinces.
60. The Public Prosecutor has established 18 offices to oversee investigations carried out by the police unit for the protection of families and children. Also, 18 children’s courts have been set up to examine cases involving child victims of crime. The staff of these judicial institutions has received training in the principles and procedures followed in juvenile courts and the treatment of offenders. Moreover, mechanisms are available to provide psychological and social support to children, whether offenders, victims or witnesses.
61. The Ministry of the Interior has set up 39 police units for the protection of families and children at the provincial and district level. They are responsible for conducting investigations into offences committed against children and for implementing measures to ensure that children are protected against violations of any kind.
62. The Civil Registration Act was issued in 2011. The Act makes the registration of births obligatory and sets forth the provisions necessary for the fulfilment of that obligation. The use of civil registration procedures has been generalized throughout the provinces of the Sudan and a national strategy has been formulated to develop those procedures and to collect vital statistics.
63. A section for the protection of children in situations of emergency and conflict was set up in 2014. The Sudan has focused on nine international standards in its response to children in situations of emergency and armed conflict. One of those standards concerns children associated with armed groups.
64. Article 4 of the Children’s Act of 2010 sets the age of criminal responsibility for children at 12 years. The Act also defines a child as anyone under the age of 18 and, in article 69, sets forth the punitive measures which may be applied to child offenders, which do not include imprisonment, corporal punishment, death or any other penalty. The Constitutional Court has developed a general constitutional principle whereby the Children’s Act 2010 is given the status of a special law which prevails over all general laws. In that context we may mention Constitutional Court ruling No. 51/2013 and Supreme Court rulings No. 199/2014, 173/2014 and 203/2014.
65. Thanks to a partnership between the National Council for Child Welfare and UNICEF, on 3 December 2015 agreement was reached on the final draft of a plan of action between the Republic of the Sudan and the United Nations to protect children in areas affected by armed conflict. This important step aims to move towards the removal of the name of the Sudan from the list of States which recruit child soldiers and involve them in armed conflict issued by the United Nations Secretary-General on 11 June 2012. The plan of action has now been submitted for signature.
66. Article 43 of the Children’s Act prohibits the recruitment and employment of children in the armed forces or in armed groups, or their involvement in hostilities.
67. All laws relating to the military, such as the Armed Forces Act of 2007, the Police Act of 2008 and the National Service Act of 2013 state that recruits must not be less than 18 years of age.
68. Article 36 of the Children’s Act 2010 prohibits the employment of children under 14 while the work of children over that age is governed by chapter VIII of the same Act. Similar provisions are also contained in the Labour Code of 1997 under which children may not be employed at night or in hazardous work. Regulations have been drafted which, in accordance with the list produced by the International Labour Organization, identify jobs which are prohibited for children.
G. The rights of persons with disabilities
Recommendations 83.85 and 83.88
79. The Sudan has ratified the Convention on the Rights of Persons with Disabilities and has formed a national council and provincial councils to oversee the welfare of that category of persons. The State has also taken steps to improve education opportunities for persons with disabilities, such as allowing them to be admitted to State schools on the basis of half grades. A number of sign language programmes have been introduced and a children’s section has been created in the National Centre for Child Culture. Moreover, the authorities seek to develop such children’s creativity and work to ensure that the Sudan is represented on relevant international and regional forums.
H. The participation of civil society organizations in the implementation of recommendations emerging from the universal periodic review
Recommendation 83.76
82. Civil society organizations are represented on the Advisory Council for Human Rights which coordinated the drafting of this report. They also participated in 15 provincial workshops on the implementation of recommendations emerging from the universal periodic review and were involved in a further workshop organized to implement recommendations concerning legal reform and the administration of justice. In the fields of education, awareness-raising and training in human rights, 45 workshops were held in 2014 thanks to coordination between the Ministry of Justice, civil society organizations and the National Human Rights Commission, in addition to 53 other activities to improve the effectiveness of child protection workers in the provinces of the Sudan.
I. The infrastructure of human rights institutions
Recommendations 83.34, 83.36, 83.37, 83.40 and 83.53
83. The Government of the Sudan is always willing to cooperate with the international community and strives to fulfil its commitment to support political transition in the post- referendum phase. For its part, the international community has an obligation to uphold the pledges it made in that regard, although its response in that regard has been weak.
84. UNDP has helped the Sudan in its efforts to disseminate awareness and to foster the principle of participation and consultation in the drafting of the new Constitution, and public forums on the subject have been held in 15 provinces of the Sudan. Also in cooperation with UNDP, a number of provincial workshops were organized on various major themes such as the implementation in the provinces of recommendations emerging from the universal periodic review, the administration of justice and legal reform including the Children’s Act and the Elections Act.
L.The conflict in Darfur
Recommendations 83.53, 83.54, 83.55, 83.56, 83.57, 83.58, 83.59, 83.60 and 83.61
92. Following an international forum on development held in Darfur in August 2012, a reconstruction and development fund for Darfur was established which finances return and resettlement projects and funds development. The fund also oversees the implementation of development projects and ensures that the needs of women, children and orphans are met. A voluntary repatriation and resettlement commission has also been set up and, in March 2013, it organized a conference to study the situation of displaced persons and refugees. Working with partners, the commission has managed to create 291 voluntary return villages which accommodate 650,000 returning families. The Sudanese Humanitarian Aid Commission, which works with other interested parties to provide support for persons affected by conflict, has signed a joint action plan with funding of US$ 1.03 billion for 349 projects in 11 different sectors. The Commission has also concluded cooperation agreements with the International Committee of the Red Cross and the International Organization for Migration to carry out humanitarian activities in Darfur and other areas affected by conflict, with a budget of US$ 13,323,900.
N. Violence against women
Recommendations 83.60, 83.61, 83.62 and 83.103
96. As part of its efforts to combat violence against women and children, the authorities have taken a number of measures in terms of legislation and strategic policies. They include the following.
97. The Criminal Code as amended in 2015 stipulates penalties for offences that fall within the concept of violence against women such as sexual harassment. It also differentiates between adultery and rape.
98. The Anti-Human Trafficking Act 2014 stipulates harsher penalties for trafficking when the victims are women or children.
99. A draft national policy to combat violence against women and children has been drawn up for the period 2016-2031.
100. The five-year national plan to combat violence against women 2012-2016 has been adopted. The unit for combating violence against women and children follows up on the implementation of the plan by acting as a coordination mechanism between ministries, the provinces, civil society organizations and United Nations organizations.
101. The unit for combating violence against women and children has created 14 subunits at the provincial level, including 4 four subunits in four of the provinces of Darfur. A network of civil society organizations engaged in combating violence against women has also been set up in order to improve coordination between the State sector and civil society, and it focuses particular attention on the issue of violence against women in Darfur. A number of action plans for the provinces of Darfur have emerged from the national plan to combat violence against women, and these have been discussed with the European Union in Brussels.
104. The report of the Secretary-General of the United Nations on the prevention of violence against women and girls (E/CN/6/2013/4) mentioned the Sudan as one of 10 States to have reported on the establishment of coordination mechanisms, including task forces, dedicated units, working and interministerial groups and observatories.
O. Female genital mutilation and early marriage
Recommendations 83.105, 83.106, 83.107, 83.108 and 83.109
105. Work began on a draft law to prevent female genital mutilation in 2007. The draft was reviewed by a national committee for the review of laws related to women’s rights in 2012-2013, and a series of consultative meetings between the Ministry of Justice and parliamentarians took place.
106. In cooperation with UNICEF the Government has launched the “Salima” campaign which is a social media initiative designed to prevent female genital mutilation. It focuses on bringing about change in society rather than in the individual, making change socially acceptable and disseminating knowledge and awareness about the harmful effects of female genital mutilation.
107. The National Council for Child Welfare, in cooperation with the National Council for Strategic Planning, drafted the national strategy 2008-2018 to prevent female genital mutilation in the Sudan. The aim of the strategy is to build capacity in institutions and in civil society, and to develop skills in society as a whole in order to help people to abandon this practice. Goals of the strategy include enacting legislation to prohibit and criminalize female genital mutilation, raising awareness in society, constructing local, regional and international partnerships, and mobilizing religious figures to play their part. The implementation of the strategy is proceeding as planned.
108. In 2015, the State introduced a national strategy to end child marriage. Sixteen days of activities were organized in November 2015 to stop violence against women and child marriage and to encourage the education of girls. In the same year agreement was reached with the European Union on three projects within the framework of the European Instrument for Democracy & Human Rights. The projects seek to eradicate harmful traditional practices such as child marriage and circumcision, to establish the rights of women in civil status legislation, and to provide psychological, social and legal support for female victims of human rights violations.
Q. The administration of justice
Recommendations 83.116, 83.117, 83.118, 83.120 and 83.121
111. The State takes great pains to train persons who work in the judiciary and law enforcement agencies, to which end the Judicial and Legal Sciences Institute was established under Presidential Decree No. 489 of 2014. The prerogatives and professional competencies of the Institute were subsequently expanded under Decree No. 35 of 2015. During those two years the Institute organized many training courses in a number of different fields including investigation, criminal justice, juvenile justice, governance and anti-money laundering techniques. The courses were attended by 369 judges, 137 public prosecutors and counsellors of the Ministry of Justice, 78 lawyers, 91 police officers, 55 researchers and 32 persons from other sectors including civil society organizations. The Institute, in cooperation with the UNAMID mission, has also organized training workshops for 98 judges of the local courts in Darfur as part of an attempt to mediate a solution to the conflict.
113. The Ministry of Defence is training the armed forces in international humanitarian law. During the period 2011-2015, more than 20 training courses were held in which 913 officers and enlisted men learned about such subjects as the protection of children during armed conflicts and the laws of armed conflict.
The right to social security and to an adequate standard of living
Recommendation 83.132
127. Survey indicators show that mortality rates of children under 5 declined in the period 2010-2014 from 83 to 68 per 1,000 live births (2014 multiple indicator cluster survey) while infant mortality rates dropped from 60 to 48 per 1,000 live births over the same period. These are the results of the State’s efforts to improve health care for mothers and children, and of the vaccination programme in which coverage of the three-dose pentavalent vaccine has increased to 95 per cent.
U. The right to education and cultural life
Recommendations 83.148, 83.149, 83.150, 83.151, 83.152, 83.153, 83.154, 83.155 and 83.156
128. Measures have been taken to improve opportunities for accessing education, especially in isolated rural areas. The Ministry of Education is working to encourage innovative educational solutions for persons in inaccessible areas, persons affected by poverty and displaced persons. It has put strategic plans in place which seek to ensure equality of opportunity for children and young persons who are not in school. To this end it adopted a number of projects in the years 2014 and 2015, including the following:
2014 projects
(a) A project for children and young persons who are not in school was launched in 2005 and aims to educate young people between the ages of 7 and 24;
(b) The Educate a Child project began in 2013 and will run until 2016; it is aimed at children between the ages of 6 and 13;
(c) An electronic learning project aimed at isolated communities began in 2010.
2015 projects
(a) A comprehensive national anti-illiteracy campaign began in 2015 and will run until 2017; its aim is to make 2 million people literate by the beginning of 2017;
(b) The “Educated World for Sustainable Development” project began in 2015 and will run until 2018; it aims to build capacity among persons working in the field of literacy and adult education, and to establish integrated community centres in three provinces.
129. Enrolment rates in primary school improved tangibly for both sexes in the period 2011-2015, reaching 70.9 per cent. The country has also made great advances in secondary education and the number of State-run secondary schools currently stands at 3,373 thus helping to reduce wastage following basic education. Secondary school enrolment rates are currently 37.3 per cent while the number of primary schools stands at 17,737.
130. In the light of the recommendations which emerged from the 2012 National Education Congress, the National Centre for Curricula and Educational Research is working to introduce human rights principles into programmes of study and to introduce civic education into the secondary school syllabus. Those principles are: equality and non- discrimination, social justice, human dignity and the right to life, honouring women, protecting the good name and reputation of others, understanding, tolerance and the right to participate in public life. Moreover, radio broadcasts have been devised for parents and pupils to increase their awareness of their rights, protect them from exploitation and disseminate peace and tolerance.
131. The National Literacy and Adult Education Council is implementing an alternative learning programme (ALP) for children and young people who are not in school, who have never been to school, who have dropped out of school or who cannot be enrolled into the State education system without making up for the time they have lost.
133. A study was carried out in 2014 aimed at reducing the number of children not enrolled in school, particularly in rural areas and especially children affected by war and displacement, poor families and girls. The study made a number of recommendations which the Government has undertaken to implement such as: strengthening the capacity of educational institutions, developing information systems, building new schools, increasing the wages of teachers and involving local communities in school activities. Thanks to such efforts school dropout rates have fallen to 1.9 per cent.
134. The State has made considerable efforts in cost reduction and in achieving universal free education by providing textbooks, classroom furniture and trained teachers. Nonetheless, internal and external challenges remain real obstacles to progress. These nclude wars, internal conflicts, the imposition of the embargo and coercive measures, and the debts which afflict the people of the Sudan and affect human rights in the country, including the right to education.
V. Refugees and internally displaced persons
Recommendations 83.157, 83.158, 83.159 and 83.160
135. The Sudan has adopted a resettlement strategy for displaced persons either in newly- built villages or in building schemes within existing camps. The aim is to provide better living conditions and to improve opportunities for those people to exercise their human right to adequate housing. In this regard, it is important to take account of the financial constraints the Sudan faces as one of the least developed countries, and the impact of the unilateral coercive measures and sanctions which have been imposed on the nation. In order to address all the challenges associated with displacement, the Humanitarian Aid Commission has also developed a national policy for internally displaced persons. A key priority for the Government is to encourage voluntary repatriation, to which end it has built voluntary return villages. As a first step, 85 such villages have been constructed in the five provinces of Darfur. Another important priority is to meet fundamental needs and provide basic services such as security, health care, clean water and education, all of which are seen as vital if internally displaced persons are to be encouraged to settle, resume their activities in agriculture and animal husbandry, and contribute positively to development in their respective regions. Government has been pursuing a successful policy at the federal and local level involving seasonal return to areas of origin. The aim of the policy is to encourage agricultural activities during the rainy season.
Compilation of UN Information
I. Background and framework
A. Scope of international obligations
1. International human rights treaties
2. The Human Rights Committee encouraged Sudan to accede to OP-CRC-IC and ICCPR-OP-2 aiming at the abolition of the death penalty.
3. The United Nations Educational, Scientific and Cultural Organization (UNESCO) observed that Sudan was not party to the Convention against Discrimination in Education and recommended its ratification.
C. Institutional and human rights infrastructure and policy measures
15. The Independent Expert was pleased with the international partners’ support to the Ministry of Justice to help implement recommendations from the universal periodic review, particularly those related to women and children’s rights, and the technical assistance extended to the Advisory Council for Human Rights for the preparation of the national second-cycle review report.
II. Cooperation with human rights mechanisms
A. Cooperation with treaty bodies
1. Reporting status
16. UNESCO observed that the Sudan did not report to it on the implimentation of its 1960 Recommendation against Discrimination in Education and recommended that the Sudan submit those reports.
III. Implementation of international human rights obligations, taking into account applicable international
humanitarian law
A. Equality and non-discrimination
21. The Committee on Economic, Social and Cultural Rights was concerned at the inferior status of women in the family and in the society in the Sudan, which was reflected in several legal provisions limiting their rights.50 The Human Rights Committee recommended that the Sudan guarantee de jure and de facto equality between men and women.51 The Special Rapporteur on women indicated that many women and girls suffered inequality, underdevelopment and poverty. That was exacerbated by violence in public and private spheres at the hands of State or non-State actors.
26. The Human Rights Committee was concerned that a large proportion of children were still not registered and recommended that they be registered free of charge and receive official birth certificates.
35. The Special Rapporteur on women noted reports of increased trafficking in women and girls, particularly asylum seekers and refugees. The Committee on the Elimination of Racial Discrimination recommended that the Sudan increase its efforts to prevent and protect refugees and investigate all cases of abduction, bring perpetrators to justice and firmly apply its anti-trafficking legislation. The Human Rights Committee raised similar recommendations.
36. UNESCO noted the strategy to eliminate female genital mutilation. It appeared, however, that the Sudan had not taken further steps to prohibit the practice and educate the women on their rights. It encouraged the Sudan to abolish female genital mutilation through education. The Human Rights Committee recommended eradicating the practice and enforcing the necessary legislative measures.
38. The Office of the Special Representative of the Secretary-General for Children and Armed Conflict acknowledged the Sudan/United Nations dialogue towards the adoption of an action plan to end recruitment of children. It called on the Government to sign the action plan. It recommended ending and criminalizing recruitment of children, investigating any reports of recruitment and use of children by its security forces and ensuring that recruiters are brought to justice and punished. It expressed concern regarding reports of sexual violence committed against children by government forces and militias, and requested the Government to prosecute perpetrators and provide reparations for victims and humanitarian assistance to children.
41. The Human Rights Committee recommended that the Sudan accelerate investigations and prosecutions regarding serious human rights violations committed in Darfur since February 2003, and increase cooperation with international mechanisms of accountability, including the International Criminal Court. A joint report indicated that human rights violations were carried out with impunity. Perpetrators within government security and armed forces and pro-government paramilitary accused of human rights violations were rarely brought to justice. The Security Council emphasized that some of those acts against civilians, particularly women and children, may amount to war crimes or crimes against humanity against women and girls and investigations should be conducted and accountability measures undertaken.
E. Right to social security and to an adequate standard of living
48. The Special Rapporteur on the human rights of internally displaced persons noted that endemic poverty affected 47 per cent of the population in the Sudan. The lack of access to basic services and a social safety net, particularly in peripheral regions, was reflected in indicators such as low full immunization of children at (39.3 per cent), and high under-5 and maternal mortality rates.
49. The Independent Expert noted that poverty was an issue of concern, especially for internally displaced persons in conflict areas. There were noticeable inequalities in access to education, sanitation and clean water. A wide income gap persisted between rural and urban settings.
F. Right to health
50. The Independent Expert noted that, owing to non-access to areas under the control of armed movements since 2011, it was estimated that 160,000 children under 5 in South Kordofan and Blue Nile States were at risk of polio and other preventable diseases as a result of lack of immunization. The Independent Expert recommended that all parties allow vaccination access to conflict areas.
G. Right to education
51. UNESCO encouraged the Sudan to continue working towards providing basic and human rights education for all, including in remote areas and with special attention given to refugees and asylum seekers.
59. The same Special Rapporteur noted that displaced women and girls were at increased risk of sexual and gender-based violence and exploitation. The Special Rapporteur on women made related observations.
Stakeholder Information
I. Information provided by stakeholders
A. Background and framework
11. AI recommended Sudan to repeal all legislation that allows for the application of corporal punishment. CRIN observed that sentencing in courts must heed the Child Act 2010 which prohibits whipping children. The Act does not prohibit other forms of corporal punishment, such as amputation. JS6, ECLJ, JC and MPV recommended harmonizing the Criminal Law Act with the Interim Constitution to ensure religious freedom and repeal Articles 125-126. AI recommended Sudan to abolish the criminalization of apostasy. JS6, JS7 and MPV noted that women, particularly those from ethnic or religious minority groups, are regularly charged with public indecency under Article 152 of the Penal Code. They recommended Sudan to repeal parts of Article 152 and other public order law provisions and repeal all laws that discriminate against women to ensure conformity with international standards. CIVICUS and JS6 also recommended amending the 1991 Penal Code and the 1991 Criminal Procedure Act.
2. Right to life, liberty and security of the person
28. HRW, JS2 and JS7 were concerned that rape crimes continued to be used as a weapon, with allegations about the rape of 200 women in 2014 in Tabit, Darfur by SAF which were not investigated thoroughly or punished. They recommended Sudan to establish an independent investigation into those cases, and on other reported cases of extra- judicially killings of suspected SPLM supporters, ethnic Nubans and Christians, including women and children by the SAF and allied militias who are involved in.
33. GIEACPC reported that corporal punishment of children is lawful in Sudan, despite repeated recommendations to prohibit it. They urged the Working Group to recommend Sudan to clearly prohibit all corporal punishment of children in all settings including homes.
34. JS6 observed that Sudanese law recognises stoning, amputation, cross-amputation and lashing. Lashing penalties are routinely implemented after a summary hearing raising serious concerns about the right to fair trial. HRW observed that Sharia law sanctions continued in violation of international prohibitions on cruel, inhuman or degrading punishment and are applied disproportionately to women and girls. Sudanese women are routinely arrested and tried for wearing trousers or refusing to cover their hair. They recommended abolishing the penalty of death by stoning, and end corporal punishment for adultery crimes.
38. ANND was concerned that despite the Child Law 2014 setting the legal age of children at 18, the Personal Code states the age of child marriage is 14 years.77 JS3 noted that women are required to have a guardian in marriage contracts and recommend enacting laws that prohibit child and forced marriage, setting the age of marriage at 18 for both girls and boys.
4. Right to privacy, marriage and family life
48. JS1 noted that in the first cycle Sudan accepted recommendations on gender equality and women’s equal rights, and on steps to amend/repeal all discriminatory provisions in the Sudanese Nationality Act of 1994. However, children can only acquire citizenship from their Sudanese mothers through an application process, whereas children of Sudanese fathers acquire Sudanese citizenship automatically. They urged Sudan to ensure that its national laws, policies and practices fully comply with CRC.
6. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life
52. JS6 stated that Sudanese authorities disproportionately apply ill-defined criminal offences, known as “public order” which forbid, inter alia, “indecent and immoral” acts, against women and girls, particularly from marginalised ethnic groups in Sudan often practiced discriminatorily and arbitrary.
9. Right to health
60. NCHR reported that Sudan did not allocate sufficient resources for health. The health sector is also suffering from sweeping immigration of staff as a result of poor working environment and low salaries. JS2 noted that only 7% went to agriculture, industry, education and health sectors. They reported that Sudan will not be able to achieve the Millennium Goals on child mortality, while malnutrition is the main cause of child deaths. ANND observed that maternal mortality rate is 360/100,000 per live births. They recommended allocation of sufficient financial resources to the health sector.
62. JS3 noted that only 5% of girls and 11% of boys have comprehensive knowledge on HIV/STDs and their modes of transmission. JS3 recommended Sudan to adopt a national HIV/AIDS awareness campaign and ensure access to appropriate HIV/AIDS education.
10. Right to education
63. NCHR stated that dropout is an impediment to the right to education. They observed that schools in remote villages and urban periphery lack buildings, books and qualified teachers. They recommended increased allocations for education in the general budget.
64. ANND and JS2 noted that in its first cycle review, Sudan accepted recommendations among others to ensure education for all children in public schools, four decades of war in Sudan left around three million children out of schools in 2014. Illiteracy is as high as 36% among males and 47% among females. Drop outs and illiteracy are high due inter alia, to conflicts and internal displacement.
65. ANND noted that more than three million children deprived of their schooling in Darfur Blue Nile and South Kordofan. In addition, only one third of the 50000 refugee children hosted from South Sudan, receive any education. They recommended focusing reform efforts on inter alia, increasing and maintaining enrolment rates and restructuring the public budget and prioritizing education.
Accepted and Rejected Recomendations
The recommendations listed below enjoy the support of the Sudan
138.21 Harmonize domestic legislation with the Sudan’s international obligations in the area of protection of women and children’s rights (Colombia);
138.25 Ensure the adoption of legislation that prohibits child, early and forced marriage (Maldives);
138.31 Implement action plan to protect children in areas of armed conflict adopted in March 2016 (France);
138.32 Take concrete and prompt measures to implement the Action Plan for the protection of children in armed conflict (Switzerland);
138.34 Establish an institutional mechanism to fight discrimination and violence against women and children (Viet Nam);
138.35 Continue to take measures to reduce maternal and child mortality to achieve the objectives of the sustainable development goals 2030 (Bahrain);
138.36 Establish a national action plan to prevent child marriage (Republic of Korea);
138.48 Fully implement the Action Plan to end and prevent the recruitment of children into the armed forces (Lithuania);
138.51 Ensure a prompt, complete and effective implementation of the
action plan to bring the recruitment of child soldiers to an end (Luxembourg);
138.52 Strengthen State mechanisms related to the care for the most vulnerable groups in need of protection, such as women, children and persons with disabilities (Saudi Arabia);
138.66 Ensure provision of comprehensive and non-discriminatory health services to women and girls who have experienced sexual violence (South Africa);
138.76 Take all necessary measures to eliminate definitely practices of female genital mutilation and child marriages (Spain);
138.78 Strengthen efforts to prevent child marriage, including by combating stereotypes through diversified awareness-raising campaigns (Turkey);
138.79 Raise the minimum age for marriage to comply with international child rights standards in order to prevent early, child and enforced marriages (Australia);
138.83 Continue efforts to eradicate harmful traditional practices such as child marriage and female genital mutilation (Ethiopia);
138.85 Implement the national strategy to prevent female genital mutilation (2008-2018) and the national strategy to end child marriage (China);
138.87 Take further steps to eliminate female genital mutilation (Timor-Leste);
138.88 Strengthen the efforts to eradicate female genital mutilation, including by legal prohibition of such practice and awareness-raising and education of all, especially women and girls (Slovenia);
138.89 Guarantee respect for the rights and fundamental freedoms of the entire population, especially women and children, and take all necessary measures to ensure the fight against impunity of the perpetrators of crimes, acts of violence and all human rights violations (Argentina);
138.93 Continue efforts for the comprehensive protection of children and adolescents rights; expand the juvenile justice system and actions aimed to implement the mandatory birth registration; and for eradication of female genital mutilation (El Salvador);
138.94 Provide a follow-up to the initiatives to strengthen the protection of rights of the child (Equatorial Guinea);
138.113 Continue efforts aimed at ensuring access to basic education for all and measures to strengthen the performance of the education system (Sri Lanka);
138.114 Promote education by adopting additional policies to improve the enrolment of children in basic education, as well as combat discrimination in that field (State of Palestine);
138.115 Strengthen the process of educational reform (Tajikistan);
138.116 Seek to intensify national efforts to implement alternative learning
programmes for children and youth (Bahrain);
138.117 Continue to pursue measures designed to reduce the number of children who are not enrolled in school (Equatorial Guinea);
138.118 Ensure the primacy of fulfilling the right to education for all children, continue to dedicate more resources to eradicate illiteracy among children and adults, and improve the number of children completing their education (Malaysia);
138.119 Continue strengthening the national infrastructure with an emphasis on the successful educational policy in order to achieve full access (Bolivarian Republic of Venezuela);
138.120 Intensify its efforts to addressing the issues of education, poverty and health (Nigeria);
138.121 Continue implementing the plans, programs and measures aimed at guaranteeing the right to education and access to appropriate health services for all citizens (Saudi Arabia);
138.122 Continue implementing the plans, programs and measures that aim to guarantee the right to education and access to appropriate health services for all its citizens (Qatar);
138.123 Continue the efforts towards raising the enrolment rate for children in schools, particularly girls (Morocco);
138.124 Continue to implement the national strategic plan for education, with special emphasis on the right to education of vulnerable groups including children living in rural areas, persons with disabilities, nomads and internally displaced persons (China);
138.125 Increase access to school education for all children, especially girls, children in rural areas and children of marginalised groups such as nomadic persons (South Africa);
138.131 Take measures to protect the rights of the internally displaced, through comprehensive attention and reparation, in particular access to basic services (Colombia);
138.132 Intensify the efforts for the creation of a concrete national framework on the internal displacement, which would secure equal access to humanitarian aid but also develop a preventive strategy for new internally displaced persons, including training of security forces to this effect (Greece);
138.134 Continue to provide and facilitate the delivery of humanitarian assistance for internally displaced persons in areas of conflict in the country, and take comprehensive actions to stop further displacement (Malaysia);
139. The following recommendations enjoy the support of the Sudan, which considers that they are already implemented or in the process of implementation:
139.3 Criminalize the recruitment of children and investigate all the reports of recruitment of children by the security forces, ensuring that perpetrators are brought to justice and duly prosecuted (Portugal);
139.4 Enact all the necessary measures to effectively implement the Action Plan to end recruitment of children (Slovenia);
139.5 Promptly implement the action plan between the Sudan and the United Nations to end child recruitment and criminalize in domestic law the recruitment and use of children by the security forces and other groups (Guatemala);
139.6 Continue taking strong measures to combat human trafficking and sexual exploitation and abuse of migrant women and children, including by fully implementing the Human Trafficking Act of 2014, training law enforcement officials and ensuring adequate protection for victims of human trafficking (Sweden);
139.8 Continue efforts to combat human trafficking, particularly of vulnerable groups, such as women and children (Myanmar);
139.13 Establish effective measures to increase the registration of children and to obtain birth registration (Mexico);
140.19 Ratify the Convention against Discrimination in Education (Congo);
140.21 Repeal all laws that discriminate against women and girls and ensure conformity with international standards (Iceland);
140.43 Raise the minimum age of marriage to 18 (Sierra Leone);
The recommendations listed below are noted by the Sudan
140.16 Accede to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Albania);
140.20 As a way to strengthen article 69 of the 2010 Child Act, remove from national legislation all forms of corporal punishment and abolish corporal punishment in the penal system (Uruguay);
140.41 Criminalize violence against women and girls, female genital mutilation and marital rape (Iceland);
140.42 Adopt legislation to prevent and punish child marriage, by setting 18 as the legal age for marriage, for both women and men (Madagascar);
141.28 Impose an immediate moratorium on the death penalty with a view to abolishing it, and to ensure that it is never applied to persons under the age of 18 (Austria);
141.29 Establish a moratorium on the death penalty and consider its eventual abolition, especially and urgently in relation to the execution of children under the age of 18 years (Mexico);
141.30 Consider imposing a moratorium on the death penalty with a view to abolish it and to take measures to ensure that it is never applied to persons under the age of 18 years (Namibia);