Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity.
عر بية
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Agreed or requested visits
(A) IE on access to safe drinking water and sanitation (early 2010)
(A) RSG internally displaced persons(requested to carry out a visit in October 2009)
(A) SR on the right to freedom of opinion and expression
(R in Dec 2008) SR on contemporary forms of slavery
(R in 2008, reminder in 2009) WG on enforced or involuntary disappearances
(R in Sep 2008) SR on racism
(R in 2006) SR on right to food
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Independent Expert on the situation of human rights in the Sudan, Mohammed Chande Othman
(A/HRC/14/41)
Country visit: 25 May-4 June 2009
Report published: 26 May 2010
- Juvenile justice system: The Child Act was passed by the National Assembly on 29 December 2009. The new law defines a child as anyone who has not reached the age of 18 years and revokes "signs of maturity" as a criterion for defining a child. It also raises the age of criminal responsibility from seven to 12 years, criminalises child exploitation and abuse and establishes a comprehensive juvenile justice system. The government has also established specialised prosecutors for children as well as child and family units as part of law enforcement agencies in the country. (paras 15, 17, pp.4-5)
- FGM: The Child Act failed to criminalise female genital mutilation. (para 15, p.5)
- Discrimination against women and girls: Article 152 of the Criminal Act of 1991 criminalises undefined "indecent and immoral acts" and recommends corporal punishment. The Public Order Police most frequently apply this provision to and carry out arrests of women, many of whom are not Muslims, regardless of the Comprehensive Peace Agreement and the prohibition by the Interim National Constitution of the application of sharia laws to non-Muslims. On 18 November 2009, a 16 year old non-Muslim Sudanese girl was sentenced by a Public Order Court to 50 lashes for "indecent dressing" for having worn a skirt and blouse. (para 29, pp.7-8)
- Child abduction: More than 200 children have been abducted in Jonglei State since January 2009. In August 2009, the police, for the first time, arrested suspected child abductors in Jonglei and rescued 12 children from captivity. (para 32, p.8)
- Torture of children: The limited capacity of the Southern Sudan Police Service (SSPS) has led to the usurpation of police powers by the Sudan People's Liberation Army (SPLA). These interventions very often result in serious human rights abuses by SPLA soldiers. A local chief and a young girl had their arms broken and women and children were reportedly immersed in water to extract confessions. (para 35, p.9)
- Rape: On 24 March 2010, the United Nations Missions in Sudan (UNMIS) interviewed three children in Yambio (two girls, aged 15 and 13 years, and a 13 year old boy), who escaped from LRA captivity. The girls reported being taken as "wives" and repeatedly raped during their captivity. Women and girls continue to be attacked as they leave the confines of the camps in pursuit of income-generating activities, such as the collection of grass and firewood. In West Darfur, more than half of the incidents of sexual and gender-based violence documented in three areas (Mornei, Abu Suruj and Sisi) were reportedly committed by Sudan Armed Forces (SAF) soldiers. The military authorities deny the rape allegations, claiming that the soldiers were engaged in consensual relations with the women. The government pledged to combat sexual violence in Darfur through the launch, in 2005, of a national plan of action on combating violence against women, and the establishment of a governmental unit at the national level to oversee the implementation of the plan. These steps were followed by the creation of State committees for the elimination of violence against women and children in the three Darfur States, which continue to be operational. In addition, family and child protection units have been established within the Sudanese police force to deal with specific matters relating to women and children, including juvenile justice. These units have played a critical role in bringing violence and abuse against women and children into focus; it is imperative that their reach be extended from urban centres to remote areas of Darfur. (paras 36, 59, 62 pp.9, 15-16)
- Child soldiers: The Northern Sudan Disarmament, Demobilisation and Reintegration Commission concluded that an estimated 2,000 children still had to be disarmed, demobilised and reintegrated into society. The armed groups have expressed their concern that released children may be re-recruited by rival factions, and have appealed for more support for rehabilitation and reintegration programmes of former child soldiers. In Southern Sudan, a substantial number of demobilised children often returned of their own accord to the army barracks. The integration of children into society as an aspect of the demobilisation and integration exercise has not been fully successful because incentives are rarely provided in the programmes to entice children away from the military. (paras 42, 64, pp.11, 16)
- Education: Years of prolonged fighting have created a whole generation of youths with little or no education; for example, only one in every five school-age child attends school in Warrap State. In Northern Bahr el Ghazal, some schools are located in temporary buildings, and classes sometimes are conducted under trees. Many teachers are untrained, and some have not even completed basic education. Girls are often prevented from attending school because of domestic responsibilities. (para 43, p.11)
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UN Special Rapporteur on the situation of human rights in the Sudan, Sima Samar
(A/HRC/9/13)
Country visit: 29 June - 13 July 2008
Report published: 2 September 2008
- Criminal responsibility: The revised amended version of the 2004 Child Act defines a child as a person who has not yet reached the age of 18 and revokes "signs of maturity" as a criterion for defining a child as adopted by the previous Act. It also raises the age of criminal responsibility to the age of 18, dedicates a section for juvenile trials, and provides for the creation of a special prosecutor and courts. The bill also elaborates on the means of reform and rehabilitation. (para 14, pp.5-6)
- Female genital mutilation: The revised amended version of the 2004 Child Act prohibits female genital mutilation. (para 14, p.6)
- Children with disabilities: The revised amended version of the 2004 Child Act provides better guarantees for children with disabilities. (para 14, p.6)
- Child soldiers: Child soldiers as young as 11 years old were apparently used in the Justice and Equality Movement (JEM) attack. The government has taken the commendable decision to allow independent observers access to the captured child combatants. In line with the government's findings that these children were forcibly recruited they should be treated as victims of the conflict. This includes attempting to trace their families and ensuring they are not prosecuted in relation to an attack but demobilised and fully reintegrated in society. The government's Disarmament, Demobilisation and Reintegration (DDR) Commission continues to be very active in its efforts to campaign against the recruitment and use of child soldiers and carries out reintegration programmes in close collaboration with the United Nations Children's Fund (UNICEF), as well as other international partners. (paras 21, 25, pp.7-8)
- Children sentenced to death: One defendant believed to be 16 years old was sentenced to death on 31 July; the judge reportedly had not agreed to conduct a medical examination to determine his age. (para 24, p.7)
- Violence and sexual abuse of women and children by State, non-State and private actors, such as criminal groups and bandits, also continue almost unabated throughout Darfur. A culture of impunity is prevalent: the State fails to investigate, punish and prosecute perpetrators of human rights violations. (para 43, p.12)
- Attacks on civilians: In May alone air strikes reportedly caused the death of 19 civilians and injury of another 30, including women and young children. In the first three weeks of July 2008 there were 21 separate incidents of aerial bombardment. Reportedly, the strikes impacted in the vicinity of civilian communities and allegedly resulted in the deaths of 12 persons, including five women and two children. (para 45-46, pp.12-13)
- Illegal detention of children: The Sudan Armed Forces (SAF) and Sudan People's Liberation Army (SPLA) have been involved in arrests and detention of civilians, falling outside their legal mandates. In Kadugli in Southern Kordofan, for instance, a 14-year-old boy was arrested by SAF military intelligence officers on 5 March 2008. Apparently the SAF did not seek the legally required prior approval of a civilian prosecutor before carrying out the arrest. Accused of having stolen a sub-machine gun from a SAF garrison, the boy was held for a total of 44 days without being handed over to the police, even after the civilian authorities made an official transfer request. (para 62, p.16)
- Children in detention: Lack of resources results in overcrowding, bad sanitation and an absence of separate facilities for children, women or mentally ill people. (para 71, p.18)
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UN Special Rapporteur on the situation of human rights in the Sudan, Sima Samar
(A/HRC/7/22)
Country visit: 27 February – 10 March 2008
Report published: 3 March 2008
- Children sentenced to death: Since September 2006, more than 70 people of Darfurian origin have been arrested in Khartoum in the context of an investigation into the murder of Mohamed Taha, editor of the newspaper Al Wifaq. In February 2007, 19 people were charged with the murder and taken to court. On 10 November 2007, the 10 remaining defendants, including a minor aged 17, who was 16 years old at the time of the crime, were found guilty and sentenced to death by a court in Khartoum North. Defence lawyers are appealing the judgement. (p.7)
- Rape of women and girls: On 2 December, in West Darfur, armed men attacked three female internally displaced persons from Dorti camp while they were asleep in their home in Um Sebeikha. In another incident, a group of 10 women and girls, aged between 11 and 35, were attacked and held for more than two hours in the Turab el-Ahmar area, three kilometres west of Riyadh camp. A 16-year-old girl from the group was gang raped and at least three other women were whipped and beaten with axes. Two women managed to escape and reported the incident to Riyadh police. Although the community reportedly requested the police and a group of soldiers at a nearby checkpoint to rescue the women, they refused to proceed to the scene of the incident. Several cases of sexual assault and rape, including of minors, by SPLA and Joint Integrated Unit members have been reported. In Wau, a 14-year-old girl was allegedly raped by two SPLA soldiers. In September, in Warap State, serious allegations of abuse and sexual assault by SPLA soldiers patrolling Gumbo and Rejaf, not far away from Juba town, were reported; incidents of harassment, intimidation, looting, occupation of dwellings and land, and sexual violence were also registered. (para 42, 68, pp.11, 17)
- Torture of children: Two military intelligence officers were convicted for the murder of a 13-year-old boy who died as a result of torture while in custody. Although the two defendants were subsequently pardoned for the crime under a settlement reached between them and the relatives of the victim, they were nevertheless sentenced to two years of imprisonment by the court. The defendants were later released pursuant to a presidential amnesty decree issued on 11 June 2006 for rebels who had signed the Darfur Peace Agreement and parties to tribal reconciliation endorsed by the government. (para 51, p.13)
- Abduction of children: The Arche de Zoé case of alleged child abduction, allegedly involving some children of Sudanese origin, underscored the importance of international legal instruments on the protection of the rights of the child, strengthening the rule of law in the region and justice in accordance with international standards. On 26 December, members of Arche de Zoé were found guilty and sentenced by the Criminal Court to eight years of forced labour and a fine of six million euros. The Special Rapporteur is concerned, however, that the children have not been reunited with their families and are reportedly still in an orphanage. (para 54, pp.13-14)
- Children in detention: A large number of women, including some with their children, are found in detention centres on unclear charges of adultery or even accusations of rape. Juveniles and young children have been and continue to be detained, even though Sudanese laws stipulate that children under 10 years of age are not subject to penal laws. (para 70, p.17)
- Child mortality: 13.5 per cent of Southern Sudanese children die before they reach the age of 5. (para 74, p.18)
- Education: Only 16 per cent of children go to primary school; only 1.9 per cent complete it. (para 74, p.18)
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UN Special Rapporteur on the situation of human rights in the Sudan
(A/62/354)
Country visit: 25 July - 2 August 2007
Report published: 24 September 2007
- Children in detention: The Advisory Council for Human Rights and the National Council for Child Welfare is monitoring child rights and has intervened in death penalty cases (examples were provided of cases where the death sentence had been repealed because of the age of the accused) and to protect the rights of children in prisons and reformatories and of internally displaced persons in Khartoum. The Special Rapporteur recommends that special attention be paid to women and children who are in detention. (paras 12, 87(i)(f), pp.7, 14)
- Rape: Women and girls continue to be sexually assaulted and raped. (para 38, p.13)
- Torture of children: Two Military Intelligence officers were convicted for the murder of a 13-year-old boy who died as a result of torture while in custody. However, their two-year prison sentences were nullified by the presidential amnesty decree issued on 11 June 2006. (para 43, p.14)
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UN Special Rapporteur on the situation of human rights in the Sudan
(A/61/469)
Country visit: 11 to 17 August 2006
Report published: 20 September 2006
- Child soldiers: The recent report of the Secretary-General on children and armed conflict in the Sudan (S/2006/662) states that in Jonglei State in Southern Sudan, SPLA, SAF, Community Defence Groups of the so-called White Army and other militias continue to recruit and use children. In the Darfur region, thousands of children were still thought to be actively involved in the conflict between May and July despite the signing of Darfur Peace Agreement (DPA) and earlier ceasefire deals. (para 21, p.9)
- Malnutrition: The nutritional status of the population, support to the most vulnerable, and access to health care, especially for women and children, are matters of concern. (para 41, p.13)
- Attacks on civilians: Two villages located north-west of Abu Surug were the target of a series of militia attacks from 17 July to 2 August, resulting in 12 civilian deaths, including three children and an elderly man. For example, on 30 July, 20 armed militia on horseback dressed in green camouflage uniforms approached Abu Surug and moved north towards Malaga. They came upon a woman cultivating her land with her two (p.15) boys, aged 12 and 13. The two boys were shot and killed by the militia. Outside Malaga, the militia encountered a 16-year-old student, who was also shot and killed. (para 55, pp.15-16)
- Rape of women and girls: There has been an alarming increase in the number of rape cases around Kalma camp, Southern Darfur, with a population of approximately 120,000 IDPs. According to reports received, between 130 and 200 women and girls were raped between the middle of July and the time of the Special Rapporteur's visit in August. There have also been multiple attacks by alleged members of Chadian Opposition Groups, in villages north of Dorti IDP camp, near El Geneina, Western Darfur, who said they were looking for female "Tora Bora". For example, on 27 and 28 July, alleged members of those groups wearing military uniforms entered homes in Waylo village looking for young women and girls to take away with them. In Korgi village, on 11 August, two armed men entered six homes searching for young women and girls. (paras 59-60, pp.16-17)
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Representative of the Secretary-General on the human rights of internally displaced persons, Walter Kälin
(E/CN.4/2006/71/Add.6)
Country visits: March and August 2006
Report published: 20 September 2006
- Education: The Special Rapporteur recommends that all actors find flexible and creative community-based solutions for providing basic education services in order to bridge the period until full services can be installed everywhere. The encouragement of educated community members and returnees to teach youth even in the absence of an official qualification, will diminish the risk of a prolonged interruption of basic education (para 77(b), p.22)
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UN Special Rapporteur on the human rights situation in the Sudan, Sima Samar
(E/CN.4/2006/111)
Country visit: 15-22 October 2005
Report published: 11 January 2006
- Rape of women and girls: There has been a rapid increase in the number of incidents of gender-based violence, in particular rape of IDP women and girls. In the majority of cases received by human rights officers in Darfur, the attacks are perpetrated by armed militia who have camps close to IDP camps. Furthermore, some government officials are accused of rape, attempted rape, and other forms of violence against women and girls. Gender-based violence is perpetrated in different forms all over the country. They mentioned rape, sexual assault, sexual harassment, domestic violence and child abuse, harmful traditional practices including female genital mutilation, underage marriage, forced abduction and honour killings. (para 25, 31-33, pp.9, 11)
- Children sentenced to death: The INC fails to comprehensively protect children under 18 years from the death penalty, in violation of the Convention on the Rights of the Child. The death penalty can also be imposed on persons who committed a capital offence as a child if the sentence is imposed when the convicted person is 18 years old or older (para 55, p.15)
- Child soldiers: In Southern Sudan, militias allied to the government of Southern Sudan forcibly recruited children, sometimes with the support of elements within the Sudan Armed Forces. In eastern Sudan, children were recruited by rebel militias. In Darfur, child soldiers were present in militias and regular government forces. Recruits became entrenched in military life by becoming dependent on the food or care it provided. Children born to soldiers from a different ethnic group faced stigma or abandonment. Of 103 abandoned children in one southern town, 36 were the children of northern soldiers. The Special Rapporteur urges the Government of National Unity to fulfil its obligations under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and to ensure that children under 18 years do not take part in hostilities and are not compulsorily recruited. The Special Rapporteur recommends that all parties to the conflict should respect international humanitarian law and human rights law, in particular with regard to the protection of civilians and the recruitment and use of child soldiers. (para 56-57, 60, 81(a) pp.15-16, 20)
- Abduction of children: The Committee for the Eradication of Abduction of Women and Children (CEAWC), set up by the gsovernment in 1999, has a mandate to end abductions, prosecute the perpetrators and return abductees. Under the authority of CEAWC, some abductees were forced to leave new homes in the North, some were separated from their children, and some were sexually assaulted en route. There was no preparation for their return and reintegration. CEAWC was organising a new round of returns. (para 58, p.16)
- Child prostitution: Several CEAWC returnees who failed to find their way home to Bahr al-Ghazal this year are working in prostitution or living on the streets. (para 59, p.16)
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Independent Expert on the situation of human rights in the Sudan, Emmanuel Akwei Addo
(E/CN.4/2005/11)
Country visit: 19 to 31 August 2004
Report published: 28 February 2005
- Education: About 90 per cent of the children do not go to school. (para 30, p.11)
- Abduction of women and girls: There have also been unconfirmed reports, including from Amnesty International, that many women and girls have been abducted to be used as sexual slaves or domestic workers. (para 43, p.14)
- Rape: Residents and humanitarian aid workers, including from the United Nations, reported the systematic rape of women and schoolchildren. The former Humanitarian Coordinator for the Sudan, Mukesh Kapila, said: "All houses, as well as a market and a health centre, were completely looted and the market burnt. Over 100 women were raped, six in front of their fathers, who were later killed." (para 44, p.14)
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UN Special Rapporteur on violence against women, Yakin Ertürk
(E/CN.4/2005/72/Add.5)
Country visit: 28 September - 2 October 2004
Report published: 23 December 2004
- Children in detention: In the female section of Nyala prison there were 39 detainees accompanied by their nine children. (para 3, p.3)
- Violence against women and girls: According to reports received during the visit women and girls have suffered, and continue to suffer, multiple forms of violence during attacks on their villages, including rape, killings, the burning of homes and pillage of livestock. Displaced women and girls are also experiencing violence. The Special Rapporteur recommends that the government of Sudan ensure the security of civilians and introduce protection measures to reduce the ongoing risk of rape, beatings and abductions for women and girls when they move outside IDP camps and villages. (para 4, p.3, 5)
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UN Special Rapporteur on Extrajudicial, summary or arbitrary executions, Ms. Asma Jahangir
(E/CN.4/2005/7/Add.2)
Country visit: 24-31 July 2004
Report published: 6 August 2004
- Children sentenced to death: The death penalty is in clear violation of international standards as well as national legislation. According to the Constitution, the death sentence cannot be imposed upon children below the age of 18, expectant women or nursing mothers, or persons over the age of 70 except for "the crimes of qisas or hudud". The Penal Code of 1991, Part IV, chapter 1, article 21, paragraph 2, adopts this provision of the Constitution. This means that a child who has reached puberty (and is therefore an adult under Islamic law) can be sentenced to death for such crimes as murder, rape or adultery. In Kober Prison in Khartoum the Special Rapporteur came across a number of individuals who received death sentences for crimes committed when they were under the age of 18. Several of them were arrested with a group of offenders and tried together with adults. Government officials assured the Special Rapporteur that the child prisoners would nevertheless not be executed. The Special Rapporteur was told that children under the age of 18 could be sentenced to death for armed robbery. The Special Rapporteur recommends that the government of Sudan undertake a comprehensive revision of the national legislation concerning the death penalty with a view to ensuring that it conforms to international standards. (paras 3, 15, 51-52, 56, 61, pp.5,9, 16-18)
- Internally displaced persons: The Special Rapporteur heard the testimonies of children in a camp for displaced persons who were without any adult assistance. (para 31, p.12)
- Abduction of women and children: Witnesses from Korma described how Arab militias attacked the village. The witnesses alleged that two village girls aged 25 and 15 were abducted by the attackers. (para 32, p.12)
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Independent Expert on human rights and extreme poverty, by Ms. A.-M. Lizin
(E/CN.4/2004/43)
Country visit: 18-20 November 2003
Report published: 29 February 2004
- Failure to register births: This means persons can be sold or married off or fall victim to traffickers. The situation of illegitimate children as regards birth registration or identity cards all too often conceals unacceptable forms of discrimination, including against women. Recognition of civil status is a vital part of establishing the duty to protect a newborn child who will grow up to be a citizen of a State. (para 42, p.13)
- Female genital mutilation: The independent expert recommends that the government of Sudan should prohibit genital mutilation. (para 74(a)(i), p.21)
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UN Special Rapporteur on the situation of human rights in the Sudan, Gerhart Baum
(E/CN.4/2003/42)
Country visit: 22-25 May 2002
Report published: 6 January 2003
- Abduction of women and children: The government followed up on its pledges and had given the Committee for the Eradication of Abduction of Women and Children (CEAWC) US$ 200,000. The Special Rapporteur was informed of a new rule which would ensure that all new cases of abduction would be prosecuted. Old cases would also be referred for prosecution. The Special Rapporteur noted, however, that so far not much has been done in terms of prosecuting the people responsible. Some sources reported that it was now possible to reunite former abductees with their families in SPLM/A areas. Funding remains a problem and is seriously affecting the impact of CEAWC. Further challenges remain, such as what to do when an abductee who has lived all their life with their abductors, considers the latter to be their family and wants to remain with them rather than be reunited with their biological family. Another problem concerns the treatment of former abductees by their tribe of origin. The latter often see the abductees as "returned stolen goods" rather than granting them a place in society. (paras 47-49, 51-53 pp.11-12)
- Female genital mutilation: During an event in May, sponsored by the Ministry of Guidance and Endowment, statements were made in support of FGM. The recent establishment of a clinic in Khartoum undertaking female circumcision has been reported. The Special Rapporteur encourages the government to play a more active role, including in terms of awareness-raising, and to strengthen existing laws and their implementation with a view to eradicating this traditional harmful practice. (paras 54-55, p.12)
- Discrimination against women and girls: Women generally do not receive education, and when they reach the age of 10 or 12, most of them are reportedly taken as wives by local leaders or commanders. There is little regional variation. (para 59, p.13)
- Child detention: Only two reform schools exist and children are very often detained with adults and allegedly subjected to inhumane treatment. The Special Rapporteur was told that legal responsibility begins at 15 years of age and is "linked to the appearance of manhood". The Special Rapporteur was informed that children under 18 cannot be sentenced to death except for armed robbery. (paras 60, 89-90, pp.13, 17)
- Child exploitation: Poor families are forced to send their children to work rather than to school. Street children in Khartoum are mostly IDPs. Networks that exploit them, including sexually, reportedly flourish. The Special Rapporteur deems that stronger government involvement is necessary. (para 61, p.13)
- Child soldiers: Forced recruitment of children in war zones has reportedly continued. An unconfirmed number of children have been imprisoned in Bahr al-Ghazal because of desertion and sentenced to up to 20 years in prison. The number of child soldiers remains high. Sources also reported that demobilised children are sometimes recruited again. (paras 62, 70, pp.13, 15)
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Representative of the Secretary-General on internally displaced persons, Mr. Francis M. Deng
(E/CN.4/2003/86/Add.1)
Country visit: 11-18 September 2001
Report published: 27 November 2002
- Internally displaced persons: People in camps for displaced persons received aid covering maternity care, early child care, immunisation, meals for small children, general medical care and food distribution. (para 18, p.9)
- Abduction of women and children: The militia activity was widely recognised to be responsible for the abduction of Dinka women and children (para 33, p.12)
- Education was seen also as a high priority and the proposed solution was boarding schools, to remove children and youth from the war fronts. (para 36, p.13)
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UN Special Rapporteur on the situation of human rights in the Sudan, Gerhart Baum
(E/CN.4/2002/46)
Country visit: 2-14 October 2001
Report published: 23 January 2002
- Internally displaced persons: Particular concern was reiterated at the plight of internally displaced persons (IDPs), particularly women and children. Large families are left without assistance. Many women can only resort to alcohol-brewing, which is a crime under Shariah law. In most cases, they are arrested and their children are left alone. School remains a luxury for most children, owing to the high fees. Only primary schools are available in Waad al-Bashir IDP camp. (para 25, p.8)
- Abduction of women and children: There continues to be a need for a massive advocacy campaign to encourage the government to take a public stand against abductions and in support of the Committee for the Eradication of Abduction of Women and Children (CEAWC). While it is a positive step that the government has acknowledged the existence of this heinous practice, it needs to exercise all its influence on the Murahaleen who are responsible for numerous human rights abuses. The Special Rapporteur remains concerned at recurrent abductions in Bahr al-Ghazal. (paras 60, 61, 64 p.14)
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UN Special Rapporteur on the situation of human rights in the Sudan
(E/CN.4/2000/36)
Country visit: 19 February -3 March 2000
Report published: 19 April 2000
- Abduction of women and children: The Special Rapporteur regrets that the government is not taking measures to prevent or sanction the raids against civilian populations, particularly in Bahr el-Ghazal that, according to reports, continue to take place, often resulting in abductions and subsequent forced labour of women and children. The Special Rapporteur believes that the establishment of the Committee for the Eradication of Abductions of Women and Children (CEAWC) is a concrete indication of the political will of the government of the Sudan to deal with abductions. The solution must include reunification of abductees with their families as well as energetic measures to end and prevent unlawful practices such as raids by armed militias. The Special Rapporteur considers the large-scale practice of abduction and forced labour to be linked with war strategies. The Special Rapporteur feels that the work of CEAWC would benefit from a clear stand by government officials, openly supporting it. (paras 20, 28-29, 32-33)
- Child soldiers: Several allegations were received to the effect that the SPLM/A (Sudan People's Liberation Movement Army) is responsible for forcefully recruiting children. More specifically, it was reported that in December 1999, in the villages of Lorus and Nimule, Eastern Equatoria, the SPLM/A forcefully took a number of children to train them as soldiers. The SPLM/A representatives who met with the Special Rapporteur denied all allegations, defining the SPLM/A as a voluntary army, open to all who decided to join it, and claiming that in fact efforts are currently in place to demobilise any children under the age of 16 and put them in school. (para 25)
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UN Special Rapporteur on the situation of human rights in the Sudan
(E/CN.4/1999/38/Add.1)
Country visit 13-24 February 1999
Report published: 17 May 1999
- Civilian deaths: At least 600 Dinka and Jur men, women and children were killed by a combination of government military, local Fertiit militia and mujahedeen. (para 48)
- Abduction of women and children: Throughout 1998, numerous reports were sent to the Special Rapporteur regarding the continuing capture of women and children in southern Sudan, allegedly for the purpose of reducing them to slavery. Raids by the militia resulted in the capture of women and children from villages as war booty. Often, abducted women and children were taken up to the north and remain in the possession of the captor or other persons. NGO reports contain lengthy and detailed testimonies of men, women and children who have been abducted. The captors are often referred to as PDF, Murahaleen militia, or sometimes even as soldiers. Those captured were subjected to forced work, rape, forced marriage and other sexual abuses amounting, in certain cases, to sexual slavery. The Special Rapportuer was informed that 800 women and 1,500 children were reportedly abducted in 1998. Kidnapped women and children are often forced to convert to Islam. In 1992, the OLS began a programme of reunification of children with their families in the areas controlled by the Southern Sudan Independence Movement (SSIM). By 1997, a total of 1,801 minors had been reunited with their families.
The Special Rapporteur recommends that the government of Sudan take all possible steps to prevent further raids of villages, rapes and abductions of women and children. The government should encourage and support grassroots activities aimed at the release of abducted women and children and establish a joint Sudanese-international mechanism for the purpose of tracing abducted women and children, ensuring their reunification with their families, and providing them with income-generating activities in order to lower their vulnerability and to prevent their further enslavement. (paras 50, 59, 61, 63-66, 69, 88(b), 102, 107, 166, 175(iii), c, d)
- Internally displaced persons (IDPs): There are approximately 74,000 IDPs, mainly Dinka from Bahr-el-Ghazal, who are settled in about 10 camps throughout the province. The majority of the displaced persons are women and children, including a group of over 20 unaccompanied children, some of whom are under five years old. Of particular concern to the Special Rapporteur is the extremely precarious situation of displaced women and children, in the camps or on city streets. In particular, women lack adequate means of survival for themselves and their children. In the Nuba Mountains, thousands of children are allegedly held in the so-called peace villages, where they are subjected to abuse. In the IDP camps children are often deprived of an education. They are forcibly converted to Islam and, if older, they may be recruited into the armed forces. An estimated 4,000 to 5,000 unaccompanied children reside in IDP camps in southern Sudan. A campaign to register unaccompanied children was initiated in November 1998 by the ICRC with a view to tracing and reuniting them with their families who may be staying in a different camp. (para 73, 79, 98, 100-101)
- Child detention: Imprisonment of girls as young as 10 in Omdurman, serving sentences for petty crimes, such as theft. The 10-year-old girl did not seem to be aware of what a lawyer and a court were. These children were reportedly at Omdurman prison because of overcrowding in the Khartoum reformatory and they had no access to education facilities. A child found running errands alone on a city street can be picked up without parental notification and placed for years in a closed government camp. (paras 79-80, 150)
- Street children: Tens of thousands of children and adolescents live on the streets in Khartoum. (para 80)
- Child prostitution: A large number of street children are girls between 12 and 16 years of age ensnared in a countrywide child prostitution network. (para 80)
- Child soldiers: The Special Rapporteur was informed on various occasions of the forced or voluntary recruitment of minors into the armed forces by both sides. Street children are often rounded up by the authorities, loaded onto trucks and given minimum military training before being sent to the combat zones. The Special Rapporteur recommends that the recruitment of underage child soldiers must be banned and transgressors punished. The parties should take measure to demobilise young soldiers. Development projects by United Nations agencies and NGOs to facilitate their reintegration must be promoted and supported by the international community. (paras 103-104, 175.(a)(iv),(e))
- Discrimination and violence against women and girls: The Public Order Law puts constraints on the public behaviour and dress code of women and girls. Under the terms of the Personal Affairs Law a girl can be married at the age of 10, subject to the consent of her guardian. Female genital mutilation in its extreme form (Pharaonic) is performed on 82 per cent of Sudanese women. The Special Rapporteur was very impressed with the work undertaken by the Sudan National Committee on Traditional Practices, established in 1988 with the objective of eradicating harmful practices endangering the health of women and children. (paras, 91, 95)
- Malnutrition and starvation: Children are the first to die or to suffer from the long-lasting effects of starvation or the disruption of food distribution. The malnutrition rate among children under five rose by 50 per cent following the ban on relief flights in Bahr-el-Ghazal. Many children died of starvation during flight, or were abandoned on the road because they were too weak to continue. (paras. 97, 99)
- Education: There has been an increase in the number of female students at Sudanese universities: female students now constitute 62 per cent of the total student population. This is due to a decrease in the number of registered male students as many young males sacrifice their university education for fear of forcible conscription and possible death in combat. The authorities have introduced a measure which denies the issue of secondary school certificates to young boys until they report for military service. (paras 105-106)
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UN Special Rapporteur on the situation of human rights in the Sudan, Mr. Gáspár Bíró
(E/CN.4/1998/66)
Country visit: 2-10 September 1997
Report published: 30 January 1998
- Separated children/ trafficking of children/ street children: The Commission on Human Rights, in resolution 1997/59, urged the government to investigate reported policies or activities which supported, condoned, encouraged or fostered the sale or trafficking in children, separated children from their families and social backgrounds, forcibly rounded up children from the streets, or which subjected children to forced internment, indoctrination or cruel, inhuman or degrading treatment or punishment. (Introduction, para 4)
- Armed conflict: In Northern Uganda thousands of children have been abducted and held in camps in southern Sudan by the Lord's Resistance Army (LRA). There are numerous reports that the LRA receives support from the government of the Sudan in exchange for assistance in fighting the Sudan People's Liberation Army (SPLA). The LRA has abducted young children, who are then forced to serve the rebels by being made to run errands or to do small chores; girls are given to commanders as "wives". Children who do not perform their assigned tasks to the rebels' satisfaction are beaten. Children who flout rebel orders are beaten or killed, and often other abducted children are forced to do the killing. Failed escape attempts are punished by death and successful attempts lead to retaliation against the relatives of the escapee. (Chapter 6, para 1)
A fact-finding mission undertaken in Uganda between 15 and 23 November 1996 indicated that during 1995 and 1996 an estimated 3,000 schoolchildren had been abducted by the LRA and another rebel group, the West Nile Bank Front, for recruitment purposes and hundreds of children had been massacred.
The Human Rights Committee is concerned by reports of abduction by security forces of children. It welcomed the State party's declaration that it would investigate any reports of human rights abuses by police, security forces, Popular Defence Forces or others under its responsibility. (Chapter 6, para 2)
The Special Rapporteur had not received any communication from the competent authorities of the government of the Sudan on concrete steps aimed at liberating and reuniting children with their families.
The Special Rapporteur recommends that the government of Sudan give free and unimpeded access to international human rights and humanitarian organisations and independent observers to all areas where enforced or involuntary disappearances or cases of slavery, slave trade and similar institutions and practices, especially the sale of and trafficking in children and women have been reported. (Regarding the reports of the Special Committee on Allegations of Enforced or Involuntary Disappearances and Reported Cases of Slavery, para 4)
- Discrimination against women and girls: The Commission on Human Rights, in resolution 1997/59, encouraged the government to "work actively for the eradication of practices which were directed against and particularly violated the human rights of women and girls." Members of the PPF were reported to have carried out arbitrary round-ups of women and girls from the streets of Khartoum, keeping them for hours at their headquarters, or in tents serving as PPF bases in various neighbourhoods, abusing them verbally and sometimes physically. (Introduction, para 4)
- Attacks on civilian children by government troops: Young men, including boys aged 13 and older, were said to have been particularly targeted. (Extrajudicial killings and summary executions, para 2)
- Demolition of schools: On 19 July 1997 the Sudanese authorities at Jebel Aulia camp destroyed a Catholic Multipurpose Centre which the displaced community used as a prayer centre and secondary school. The demolition affected over 3,000 secondary school students. The reason given for the demolition was that the Centre was operating within a residential area. (Chapter 5, para 2)
