SUDAN: Children's Rights in UN Treaty Body Reports

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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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UN Human Rights Committee

(CCPR/C/SDN/CO/3/CRP.1)

Last reported: 11 and 12 July 2007
Concluding Observations published: 26 July 2007

Concerns raised:

  • Female Genital Mutilation (FGM). While noting the efforts made by the State party to end and criminalise female genital mutilation, the Committee remains concerned that this assault on human dignity persists, especially since it was occurring in one of its most serious forms (infibulation) in Sudan. The Committee requests the State party to prohibit in its legislation the practice of FGM, and to step up its efforts to completely eradicate the practice, in particular in communities where the practice remains widespread. The Committee also urges the State party to ensure that the perpetrators of FGM are brought to justice (para. 15).
  • Child soldiers. While noting the State party's efforts to eradicate the practice of forced recruitment of child soldiers, the Committee remains concerned that only a small number of children have actually been demobilised. The State party should put an end to all recruitment and use of child soldiers, and provide disarmament, demobilisation and reintegration commissions with the human and financial resources needed to fulfil their mandates. The State party should also speed up its programme for the establishment of a civil register (which would help in determining the exact ages of the people serving in its armed forces) (para. 17). The State party should submit information within one year on the follow-up given to the Committee's recommendation contained in paragraph 17 (para. 31).
  • Abduction of children. While noting efforts made by the State party to eradicate the practice of abducting women and children and secure the return of abductees, the Committee remains concerned at the small numbers of people who had been traced. The State party should put a stop to all forms of slavery and abduction and prosecute those engaging in such practices. The State party should make available to the Committee for the Elimination of Abduction of Women and Children the human and financial resources it needed to fulfil its mandate, and to provide abductees with assistance in settling back into their families and communities. The State party should also take forceful action against tribes that continued to engage in abduction (para. 18).
  • Death penalty imposed on minors. The Committee notes with concern that although the Interim National Constitution prohibited the imposition of the death penalty on those under the age of 18, exceptionally in Northern Sudan the death penalty is in fact being imposed on minors. The Committee further notes that the Constitutional Court has been seized, by a person claiming to be a minor, with a case challenging a death sentence against the individual. The Committee repeats that the Covenant does not allow the death penalty to be imposed for crimes committed by individuals under 18, and permits no derogation from that article. In keeping with article 6 of the Covenant, the State party should guarantee that the death penalty would not be applied to persons aged under 18 years (para. 20).

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UN Human Rights Committee: Follow-up

(CCPR/C/SDN/CO/3/Add.1)

18 December 2009

Information received from Sudan includes the following responses to the concluding observations (and any subsequent recommendations) of the Human Rights Committee:

  • Female Genital Mutilation (FGM) (Recommendation No. 15). Sudan notes that some States, such as Kassala and Southern Kordofan, have adopted recommendations on prohibiting the practice of FGM. In the framework of the Children's Act of 2009, a proposal was adopted on the prohibition of this practice. The Cabinet has also asked for this proposal to be incorporated into the Criminal Code of 1991 in the form of an article in its own right (para. 26). The State party further states that two doctors who had performed FGM procedures in contravention of the ethics of the Medical Council were stripped of their licences (para. 27).
  • Child soldiers (Recommendation No. 17). A total of 1,500 children were released under the Comprehensive Peace Agreement, the Eastern Sudan Peace Agreement and the Darfur Peace Agreement (para. 33).
  • Abduction of children (Recommendation No. 18). Sudan notes that, before the signing of the peace accord in Nifasha and with a view to ending tit-for-tat abductions between tribes in the south and the north of Sudan, article 30 of its Constitution was written to provide for a comprehensive ban on slavery, human trafficking and human bondage. It further states that in May 2009, the Sudanese Navy thwarted a plan to traffic 157 persons; and that the individuals involved in the trafficking operation were sent for trial (para. 34.).
  • Death penalty imposed on minors (Recommendation No. 20). Under the Children's Bill of 2009, a child is defined as a person below the age of 18. It further notes that this definition omits any mention of the term "natural signs", which had been included in the definition in the 2004 Children's act as an indicator of maturity, even in persons below the age of 18 (para. 35). Sudan highlights a ruling that had been handed down in a murder case brought against a Sudanese citizen, in which the court overturned the death sentence handed down to the citizen after questions had been raised about his true age.

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UN Committee on Economic, Social and Cultural Rights

E /C.12/SDN/CO/2

Last reported: 1 and 2 October 2015
Concluding Observations issued: 27 October 2015

Issues raised:

Asylum seekers and refugees: The Committee expresses concern at the barriers, including language barriers, experienced by asylum seekers and refugees in the State party in accessing health care and education. (art. 2) (para 25)

The Committee recommends that the State party ensure effective access to health-care services and education by asylum seekers and refugees, including through cooperation with the Office of the United Nations High Commissioner for Refugees and non-governmental organizations. (para 26)

Minimum age of marriage: The Committee is concerned at the very low ages of marriage for boys and girls in the State party, of 15 and 10 years, respectively. (art. 10) (para 39)

The Committee recommends that the State party raise the legal minimum age for marriage to 18 years for boys and girls to protect children from early and forced marriage. (para 40)

Female genital mutilation: While noting the commitment of the State party to eradicate female genital mutilation by 2018, the Committee expresses concern that its prevalence remains high in spite of the measures taken. It is also concerned that provisions criminalizing female genital mutilation have been removed from the Child Health Act. (art. 10) (para 41)

The Committee recommends that the State party: (a) expedite the adoption and the application of legislation against female genital mutilation in all constituent states; (b) address the obstacles to the abandonment of the practice of female genital mutilation; (c) continue raising awareness of the harmful consequences of female genital mutilation through culturally sensitive campaigns; and (d) provide assistance to victims of female genital mutilation, including medical procedures to treat immediate and long-term complications. (para 42)

Poverty: The Committee is concerned that poverty, including extreme poverty, continues to be prevalent in the State party. It is particularly concerned that it disproportionately affects children, women, internally displaced persons and those living in rural areas. (para 43)

The Committee recommends that the State party intensify efforts to reduce poverty, including by adopting a human-rights approach to its poverty reduction strategy that targets the needs of disadvantaged and marginalized individuals and groups and by providing federal and state resources for its implementation. In this regard, the Committee draws the attention of the State party to the Committee’s statement on poverty and the Covenant (2001). (para 44)

Food insecurity: The Committee is concerned at food insecurity in the State party and particularly at the fact that the minimum essential level of the right to food is not realized for a segment of the population, including undernourished children and those who depend on humanitarian aid. Moreover, the Committee is concerned that the State party’s agricultural policy is not primarily targeted at the realization of the right to food, as evidenced by the fact that the country is a net exporter of food. (art. 11) (para 49)

The Committee recommends that the State party allocate the resources necessary to ensure the satisfaction of the minimum essential level of food required for everyone to be free from hunger. The Committee also recommends that the State party anchor its food and agriculture policies to the realization of the right to adequate food. In this regard, priority for land use and agricultural projects should be accorded to ensure domestic food and nutrition security. The Committee refers the State party to its general comment No. 12 (1999) on the right to adequate food. (para 50)

Access to education: The Committee expresses concern at the large number of children who are not in school, including as a result of dropping out. The Committee is also concerned at the slow pace of progress made in the provision of primary education free to all. (arts. 13 and 14) (para 53)

The Committee recommends that the State party ensure that action and resource plans are adopted and implemented at the federal and state levels to accelerate the attainment of universal primary education, addressing the obstacles that leave many children without education. The Committee also recommends that the State party ensure that the federal Government discharge its obligation to transfer funds to constituent states that rely thereon to finance education. The Committee draws the attention of the State party to its general comment No. 13 (1999) on the right to education. (para 54)

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(E/C.12/1/Add.48)

Last reported: 21 and 22 August 2000
Concluding Observations adopted: 30 August 2000

Concerns raised:

  • Abduction of children. The Committee is concerned about the continuing occurrence of abduction of children on a large scale by different tribes (para. 22). The Committee requests the State party to provide information on the factual situation concerning abductions in the conflict areas, particularly of children, leading to slavery or forced labour. Moreover, the Committee encourages the Committee for the Eradication of Abduction of Women and Children (CEAWC) to continue its work, and to move towards the identification of solutions to the problem with a view to their implementation (para. 33).
  • Bombing of schools in southern Sudan. The Committee expresses concern at the bombardment of villages and camps of the civilian population, in the war zones in southern Sudan, including the bombing of schools (para. 25).
  • Internally displaced persons. The Committee is gravely concerned about the considerable number of internally displaced persons, many of whom are abandoned children, who had migrated from the war zones in the south to the north of the country, and where they were living in abject poverty (para. 26). The Committee urges the State party to address the root causes of this problem and to co-operate fully with international organisations in the field, in order to provide for adequate (interim) measures ensuring the basic needs of internally displaced persons, such as the continuation of education for the children (para. 37).

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UN Committee against Torture

No information or report available

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UN Committee on the Elimination of Discrimination against Women

No information or report available

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UN Committee on the Elimination of Racial Discrimination
 

(CERD/C/SDN/CO/12-16)

 

Last Reported: 2 October 2013

Concluding Observations Adopted: 15 May 2015

 

No mention of children's rights in the concerns and issues raised

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(CERD/C/304/add.116)

Last reported: 14 and 15 March 2001
Concluding Observations adopted: 21 March 2001

Concerns raised:

  • Lack of details regarding demographic composition of population. While noting certain information was given orally by the State delegation, in particular the socio-economic indicators relating to children, the Committee regrets the lack of details in the report concerning the demographic composition of the population. The Committee recommends that the State party provide in its next report detailed information on this composition (para. 9).
  • Abduction of children by armed militia. The Committee repeats its concern over continuous reports and allegations regarding the abduction by armed militia of, primarily, women and children belonging to other ethnic groups. Although the Committee notes the State party's disassociation from such a practice (which the State party attributed to deeply rooted traditions among certain tribes), the Committee strongly emphasises the State party's responsibility to undertake all measures to bring the practice of abduction to an end and to ensure that legal action be taken against those responsible for such acts, and compensation given to those aggrieved (para. 12).
     
  • The Committee also invites the State party to provide in its subsequent report, information on the results of the work of the Committee for the Eradication of Abductions of Women and Children (para. 16).

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UN Committee on the Elimination of Racial Discrimination: Early warning or urgent action procedure

(CERD/C/66/DAR/Dec. 2)

Adopted on 11 March 2005

Decision 2 (66) – Situation in Darfur:

The Committee refers to its Decision 1 (65), which took note of Security Council resolution 1556 (2004) of 30 July 2004, in which the Council had expressed its utmost concern at the consequences of the conflict in Darfur on the civilian population, including, among others, children. 

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UN Committee on Migrant Workers

No information or report available

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UN Committee on the Rights of Persons with Disabilities

No information or report available

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UN Committee on Enforced Disappearance

Organisation: 
Child Rights International Network

Countries

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