A/HRC/45/53
including acts of sexual and gender-based violence. These law reforms pave the way for the
investigation of human rights violations committed by State actors in the past and would
have a dissuasive impact for the future.
31.
The Independent Expert encourages the Government to enact further law reforms to
ensure the country’s conformity with international human rights standards. In particular, he
encourages the Government to repeal provisions that impose the death penalty for crimes
other than the most serious crimes within the meaning of article 6 (2) of the International
Covenant on Civil and Political Rights, including abolishing the death penalty, as
prescribed in the Criminal Act of 1991, for the offences of undermining the constitutional
order (art. 50), espionage (art. 53) and adultery (art. 146).
32.
Despite all the developments in the area of law reform, the Independent Expert notes
that the Government has not taken concrete steps to ratify the international human rights
instruments that the Sudan has not yet ratified.
C.
Civic space
33.
Key freedoms, which govern civic space and include the rights to freedom of
expression, association and assembly, are guaranteed by the constitutional document and
the international commitments made by the Sudan under the International Covenant on
Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Despite
these obligations, the Independent Expert is concerned by the country’s restrictive
legislative framework governing civic space.
34.
The Independent Expert welcomes the abolishment of flogging as a form of
punishment for cybercrimes in the recently adopted Cybercrime Law of 2020. He remains
concerned, however, that the amendments have tightened restrictions by disproportionately
increasing prison sentences, which could further curtail online activities and the freedom of
expression. Online social platforms were critical in mobilizing the protests that began in
December 2018 and in guiding the peaceful Sudanese revolution. They are still critical, and
the protection of online freedom of expression is just as critical.
35.
The Voluntary and Humanitarian Work Act of 2006 remains in force and allows the
Humanitarian Aid Commission to broadly control civil society activities. This Act severely
limits civil society participation through the imposition of strict conditions for registration
and through the appointment by the Commissioner of the Commission of a Registrar, who
is empowered to terminate or refuse the registration of any organization. The Independent
Expert notes that rejecting the registration of an organization may be appealed to the
Minister of Labour and Social Development, within 15 days of the decision. The Act also
provides for the annual renewal of registration for civil society organizations. The Act
empowers the Commission to engage in the approval process of any externally funded
projects. Many civil society organizations find the Act obstructive to their work, as it not
only regulates humanitarian and charitable work, but extends control over wider civil
society pursuits, including work on the promotion of human rights. The Humanitarian Aid
Commission also insists that civil society organizations register at both the federal and state
levels, which creates an administrative burden on those organizations.
36.
The Independent Expert takes note of information received on consultations
organized by the Ministry of Labour and Social Development with civil society on 9 and 10
March 2020, with a focus on reforming the Humanitarian Aid Commission. Reforming the
Commission will be a significant step towards protecting civic space.9
37.
The Independent Expert notes a series of administrative decisions revoking the
registration of civil society organizations perceived to be associated with the former regime.
In November 2019, the Humanitarian Aid Commission issued series of decisions10 revoking
the registration of more than 58 non-governmental organizations perceived to be associated
9
10
The information was provided by a civil society partner who participated in the workshop and is a
member of the Steering Committee formed for the purpose of the workshop.
Decisions No. 45 (2019), No. 48 (2019) and No. 49 (2019).
7
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