1. The Committee considered the second periodic report
of the Sudan (CCPR/C/75/Add.2) at its 1628th and 1629th meetings, on
28 October 1997, and subsequently adopted, at its 1642nd meeting, held
on 5 November 1997, the following observations:
A. Introduction
2. The Committee welcomes the report submitted by the
Government of the Sudan. It notes that the dialogue with the high-level
delegation of the State party was frank, constructive and open, and
it is also grateful for the further documents submitted by the Government
on 3 November 1997. This permitted the Committee to have a clearer idea
of the situation in the Sudan. While the second periodic report and
its annexes contain substantially more information than the previous
report, it is nonetheless regretted that the State party did not provide
answers to all of the Committee's written list of questions, and that
a number of questions asked orally also remained unanswered. The Committee
acknowledges receipt of the reports by (i) the independent judicial
commission which investigated events in Juba in 1992; and (ii) reports
by the Advisory Council on Human Rights into allegations of slavery
in southern Kordofan and of disappearances.
B. Factors and difficulties affecting the implementation of the Covenant
3. It is noted that the armed conflict originating in
the southern part of the Sudan is an obstacle to the full implementation
of the Covenant.
4. The lack of reconciliation between different racial,
religious, cultural and legal traditions in the north and the south
of the Sudan appears to be a factor affecting the implementation of
the Covenant.
C. Positive factors
5. In view of the fact that many violations of human rights
have been caused in recent years in the context of the internal conflict
in the Sudan, the Committee welcomes all initiatives directed towards
a peaceful resolution of the conflict, including the Fourteenth Constitutional
Decree which provides for measures to implement the Peace Agreement
of April 1997; steps taken to give effect to this Decree; and continuing
negotiations in Nairobi to resolve the conflict.
6. The Committee welcomes the progressive steps which
have been taken to reduce the impact of the declared state of emergency;
the existence of committees which are formulating a new Constitution;
and steps which are being taken to establish a formal system of pluralistic
democracy.
7. In the light of the significant displacement of persons
as a result of the internal conflict, the Committee notes the efforts
made to resettle such persons and to assist them to return to their
places of origin.
D. Subjects of concern and the Committee's recommendations
8. The imposition in the State party of the death penalty
for offences which cannot be characterized as the most serious, including
apostasy, committing a third homosexual act, illicit sex, embezzlement
by officials, and theft by force, is incompatible with article 6 of
the Covenant. Moreover, some forms of execution fail to comply with
the prohibition against cruel, inhuman or degrading treatment or punishment,
especially for women, contained in article 7 of the Covenant. Therefore:
The death penalty, if used at all, should be applicable only to
the most serious crimes, in accordance with article 6, and should
be repealed for all other crimes. Any imposition of the death penalty
should comply with the requirements of article 7. In its next report,
the State party is asked to furnish information on the number of
executions which have taken place, the type of offence for which
the death penalty has been imposed, and the manner in which the
execution has been carried out.
9. Flogging, amputation and stoning, which are recognized
as penalties for criminal offences, are not compatible with the Covenant.
In that regard, the Committee notes that:
By ratifying the Covenant, the State party has undertaken to comply
with all its articles; penalties which are inconsistent with articles
7 and 10 must be abolished.
10. The Committee is concerned about the high maternal
mortality rate in the Sudan, which may be the consequence of early marriage,
clandestine abortions and female genital mutilation. The Committee is
deeply concerned about the practice of female genital mutilation in
the Sudan, particularly because it is practised on female minors, who
may suffer the consequences throughout their lives. This practice constitutes
cruel, inhuman and degrading treatment and violates articles 7 and 24
of the Covenant. Therefore:
The State party should forbid, as a matter of law, the practice
of female genital mutilation, making it a discrete criminal offence.
Social and educational campaigns should be pursued to eliminate
the practice.
11. The Committee notes that under customary arrangements
a woman's consent to marriage is mediated by a guardian, and that recourse
has to be made to the courts to override any prohibition within the
family on a woman's choice of a husband. Such restrictions, whether
by practice or legislation, are incompatible with articles 3, 16, 23
and 26 of the Covenant. Therefore:
The State party should repeal all legal provisions hindering women's
free choice of spouse, as well as all other rules differentiating
between men's and women's rights to marry and within marriage. The
Committee is also concerned about the absence of a legal provision
on a minimum age for marriage, and strongly recommends that such
a provision be adopted forthwith.
12. The Committee is troubled by the number of reports
of extrajudicial executions, torture, slavery, disappearances, abductions
and other human rights violations from United Nations and NGO sources,
and by the delegation's assertions that such human rights violations
are relatively infrequent. In this connection, the Committee's concern
extends to reports of abduction by security forces of children, particularly
in the South. It welcomes the State party's declaration that it will
investigate any reports of human rights abuses by police, security forces,
the Popular Defence Forces or others under its responsibility. The Committee
therefore recommends that:
(a) Permanent and independent mechanisms be set up to
investigate alleged abuses of power by police, security forces and the
Popular Defence Forces;
(b) The methodology of such investigations and their
outcome should be made public;
(c) Such investigations should lead to the release of
any person improperly detained, with proper compensation, and to disciplinary
or criminal proceedings against those found responsible;
(d) The Government of the Sudan should continue to cooperate
with United Nations bodies and non-governmental organizations on these
matters;
(e) Complete information, including statistics, about
such investigations and their outcome should be included in the State
party's next periodic report.
13. With respect to liberty and security of the person,
the Committee is particularly concerned that the vague and legally undefined
concept of "national security", as applied in the Sudan, is inconsistent
with the provisions of article 9 of the Covenant and can be used as
a basis for arrest and detention of persons without a more specific
charge, creating an atmosphere of fear and oppression for anyone critical
of the Government. Moreover, the Committee is of the view that the procedures
for pre-trial detention described in paragraph 88 of the report allow
the National Security Council, chaired by the President of the Republic,
the power to detain persons for excessively long periods of time. Therefore:
The Committee recommends that the concept of "national security"
be clearly defined by law and that police and security officers
be required to state in writing why a person has been arrested.
Such information should be available to the public and should be
reviewable by the courts. The provisions of the National Security
Act 1994, as amended, allowing detention by the National Security
Council, should be repealed.
14. The Committee is concerned that visas for foreign
travel may be arbitrarily refused, in contravention of article 12 of
the Covenant, that immigration officers may arbitrarily require women
to show that a male relative consent's to their leaving the Sudan, and
that lists of names drawn up by various executive agencies without meeting
any defined legal criteria are apparently used to restrict the freedom
of movement of persons, including to leave the country. Therefore:
Any limitations on the freedom of movement must be established by
law and be compatible with the provisions of the Covenant. The grounds
for restricting a person's freedom of movement, including to leave
the country, must comply with the Covenant and should be communicated
to the individual promptly after such action is taken and should
furthermore be open to prompt judicial review in all cases, including
that of national security.
15. The Committee is concerned at reports of inadequate
prison conditions and "ghost house" detention centres. It notes that
the delegation of the State party admitted that prisons in the Sudan
do not conform to international standards and that improvement is necessary.
Therefore:
The Government of the Sudan should bring all places of detention
under the control of the Prison Service, take the necessary measures
to bring prison conditions into line with article 10 of the Covenant
and with the United Nations Standard Minimum Rules for the Treatment
of Prisoners, and cooperate with the international community and
NGOs in this regard as appropriate.
16. The Committee is of the view that a system of prompt
trial for petty offences may be compatible with the provisions of the
Covenant, but continues to be concerned at the system of trial in the
Public Order Courts. Therefore:
Training should be given to judges on appropriate penalties and
on procedural safeguards which must be observed. Lashes should be
excluded as a punishment, and an appellate procedure should be introduced
to review convictions and sentences.
17. The Committee notes the explanation that prosecution
of security personnel under the National Security Act 1994, as amended,
is restricted when such persons act in the course of their duties. It
is also concerned that permission must be obtained for any such prosecution.
Therefore:
Members of the police and security forces should be subject to prosecution
and civil suits for abuse of power without any legal restriction;
the provisions of the National Security Act 1994, as amended, are
inconsistent with that concept and should be repealed. Moreover,
statistics on complaints filed, prosecutions, convictions and sentences
of members of the police and security forces for abuse of power
should be included in the next report. Statistics on the number
of requests for compensation and the amount of compensation actually
awarded to victims of human rights violations should also be included.
18. The Committee is concerned at the system of licensing
the press and other media, and the requirement to register the names
and addresses of editors, journalists and printers. The Committee questions
the independence of the National Press and Publication Council. Therefore:
Current laws and decrees should be revised so as to remove all disproportionate
limitations on the media, which have the effect of jeopardizing
freedom of expression itself.
19. The Committee considers that unnecessary restrictions
should be removed from freedom of expression and association. The right
of peaceful assembly should be respected by law enforcement officers.
20. The Committee is concerned that there is no recognition
in law of the right to use local languages in official communications
or administrative or court proceedings, and that religious minorities
can be adversely affected by a range of discretionary administrative
actions which can include the destruction of schools and educational
facilities under town planning regulations. Therefore:
Emphasis should be given to the need of ethnic and religious minorities,
wherever they reside in the Sudan, to pursue and develop their traditions,
culture and language, as required by article 27 of the Covenant.
21. The Committee is concerned that in appearance as well
as in fact the judiciary is not truly independent, that many judges
have not been selected primarily on the basis of their legal qualifications,
that judges can be subject to pressure through a supervisory authority
dominated by the Government, and that very few non-Muslims or women
occupy judicial positions at all levels. Therefore:
Measures should be taken to improve the independence and technical
competence of the judiciary, including the appointment of qualified
judges from among women and members of minorities. Training in human
rights law should be given to all judges, law enforcement officers
and members of the legal profession.
22. The Committee expresses concern at official enforcement
of strict dress requirements for women in public places, under the guise
of public order and morality, and at inhuman punishment imposed for
breaches of such requirements. Restrictions on the liberty of women
under the Personal Status of Muslims Act, 1992 are matters of concern
under articles 3, 9 and 12 of the Covenant. Therefore:
It is incumbent on the State party to ensure that all its laws,
including those dealing with personal status, are compatible with
the Covenant.
23. The Committee regrets the documented cases of official
action which interferes with the rights of non-Muslim religious denominations
and groups to practise their religion and to carry out peaceful educational
activities. Therefore:
A mechanism should be established to protect minority religious
groups from discrimination and action seeking to impede their freedom
to teach and practise their religious beliefs.
24. The Committee takes note that the Government of the
Sudan appears to consider that participation by citizens in the conduct
of public affairs is met by a system of direct democracy. In that regard:
The Committee emphasizes that the enjoyment of the rights protected
by article 25 of the Covenant requires full recognition of freedom
of expression and the right to impart and receive ideas of all kinds,
including those in opposition to the Government.
25. The Committee draws the attention of the Government
of the Sudan to the provisions of the guidelines regarding the form
and contents of periodic reports from States parties and requests that
its next periodic report, due on 7 November 2001, contain material which
responds to all the present concluding observations. The Committee further
requests that these concluding observations be widely disseminated among
the public at large in all parts of the Sudan.
