A/HRC/14/41
21.
Although significant progress was made in the legal framework and the institutional
arrangements, needed reforms were not made with regard to a number of domestic laws
necessary for the realization of civil and political rights, including reform of the NISS law,
the Criminal Procedure law, the Media law and the Non-Governmental Organization Act.
In Darfur, where a state of emergency continues to be in force, concerns were raised about
applicable legislation, such as the 1997 Emergency and Safety Act, which allows for lawful
limitations on the rights to peaceful assembly, association, freedom of expression and
freedom of movement.
22.
In the lead-up to the elections and during the process itself, UNMIS recorded a
number of incidents where the exercise of political and civil rights and freedoms was
frustrated through intimidation, harassment, arrests and detentions. In the North, there were
reports of harassment of independent candidates, while in the South, similar incidents were
reported about SPLM intimidation of opponents. On 7 and 14 December 2009, security
forces in Omdurman broke up demonstrations organized by a coalition of political parties
using tear gas and batons. About 300 people, including 8 journalists and SPLM
parliamentarians, were arrested. Some reported that they were ill-treated by the police while
in detention. In Darfur, UNAMID documented several cases of election-related arrests and
detentions targeting prominent political figures from opposition parties, in particular the
SPLM. On 7 August 2009, two members of the SPLM and two others from the People’s
Congress Party were arrested, allegedly for conducting political activities.
23.
Concerns were also raised about the voter registration process, which was fraught
with numerous irregularities including the registration of minors, impeded access to
registration centres, obstruction and harassment of election monitors, the registration of
security and military service members in their duty or work locations rather than their
geographical constituency of residence, and the harassment and intimidation of members of
opposition parties by security forces and law enforcement agencies. In the South, there
were concerns about the propriety of contesting governors remaining in office during the
final electoral phase and having at their disposal State assets and resources. However,
viewed in its totality, it does not appear that the process was subjected to any systematic
manipulation intended to force a predetermined outcome.
24.
The elections were monitored by observers from the African Union, the European
Union, the League of Arab States and other concerned actors. In spite of the reported flaws,
such as the non-display of voters’ registers in some polling stations, the mixing up of ballot
papers, the shifting of polling stations and some instances of intimidation, the peaceful
conclusion of the process was welcomed by some observers. Others concluded that the
elections had failed to meet international standards, but nevertheless paved the way for the
remaining provisions of the Comprehensive Peace Agreement to be implemented. No
evidence of fraud was detected by the National Election Commission or by any of the
observers. Either way, it is important for the Sudan to draw lessons from the process in
order to ensure that the forthcoming referendum on Southern Sudan does not suffer the
same technical and logistical flaws. It is equally essential that the Government take
concrete measures to address the current legal environment, which infringes on the exercise
of political rights and freedoms, and to ensure that legitimate electoral grievances and
disputes are addressed impartially and effectively through appropriate institutions.
D.
Human rights forums
25.
On 2 February 2010, the independent expert participated in the fourth
UNMIS/Government of the Sudan Human Rights Forum held in Khartoum. The forum, cochaired by the Sudan Advisory Council on Human Rights and UNMIS, was attended by
representatives of the Government, the United Nations, non-governmental organizations
6
GE.10-13648
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