A/HRC/45/53
III. Recent developments: political, institutional and economic
trends
9.
Following formation of the transitional Government on 8 September 2019,
considerable efforts have been made to address human rights concerns, including through
the constitutional document signed on 17 August 2019 and a transition agenda based on
normative and institutional reform. The Independent Expert acknowledges that the
constitutional document opens the way for an inclusive pathway to constitutional
governance, rooted in robust human rights and rule-of-law principles. The constitutional
document also offers a blueprint of the core values and the reform programme to be
implemented during the transition period. These values and reform elements include the
character and nature of the sovereign State; the delineation of functions of State organs; and
the duration, mandate and focus of the transitional agenda.
10.
The Independent Expert also acknowledges that the constitutional document
provides for the facilitation of the OHCHR mission to work in the Sudan. The Government
and OHCHR signed a host country agreement on 25 September 2019, paving the way for
the opening of a fully mandated OHCHR country office in the Sudan, with field presences
in Darfur, Blue Nile, Southern Kordofan and East Sudan. An OHCHR start-up team has
been gradually deployed to Khartoum, starting on 26 December 2019. The OHCHR
country office in the Sudan works in close coordination with the Human Rights Section of
the African Union-United Nations Hybrid Operation in Darfur (UNAMID).
11.
In line with the constitutional document, the Government opened negotiations with
the armed movements in Darfur and the two areas (South Kordofan and Blue Nile) under
the Juba peace process that was launched in the middle of October 2019. Talks have been
ongoing for an extended period, with progress in some areas, especially with regard to the
governing principles on wealth- and power-sharing and the transitional justice framework,
including an agreement to cooperate with the International Criminal Court on the persons
indicted in respect to the conflict in Darfur. Both the United Nations and the African Union
have provided technical support to the mediation process. In particular, UNAMID has
provided extensive logistic support, including facilitating a consultation with the internally
displaced persons in Darfur and financing travel to Juba of internally displaced persons and
community representatives. The Sudan Liberation Movement-Abdul Wahid has not joined
the mediation. The al-Hilu faction of the Sudan People’s Liberation Army/North suspended
its participation in the talks over demands to include issues on secularism and selfdetermination to the agenda of the peace talks. These issues have not been agreed to by the
Government, since it prefers to refer such key issues to the national constitutional
conference following the peace agreement. In June, reports indicated that the al-Hilu
faction had decided to resume peace talks with the Government.
12.
The Independent Expert notes that three out of the five Sudanese nationals indicted
by the International Criminal Court from among the leaders of the former regime, including
the ousted President, have been detained in Kober Central Prison in Khartoum since April
2019 and are under investigation for several serious crimes. The Independent Expert also
welcomes the news that Darfur militia leader Ali Muhammad Ali Abd-al-Rahman, also
known as Ali Kushayb, who is one of the five Sudanese nationals indicted by the
International Criminal Court, surrendered himself to the authorities in the Central African
Republic and was transferred to the custody of the Court on 9 June 2020.
13.
On 9 March, the Prime Minister of the Sudan escaped an assassination attempt in
Khartoum unharmed. The Government statement says that the convoy of the Prime
Minister was targeted by “terrorists’ explosions”. The Attorney General established an
investigation committee; however, no information has been disclosed on the findings.
14.
The Sudan remains on the list of State sponsors of terrorism of the United States of
America, which has been imposed since 1993. That designation effectively discourages
external investment and led to the exit of most correspondent banking relationships.
Although the sanctions were put in place to encourage behavioural change and were meant
to respect and promote international law, they have proven catastrophic for the most
vulnerable groups and have led to reinforce the power of oppressive elites of the former
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