A/HRC/14/41
the widespread proliferation of arms together with the increased militarization of civilian
communities.
10.
The situation in South Sudan has been compounded by structural weakness in the
State’s justice sector and capacity constraints. Serious deficiencies in justice sector
institutions, including an ill-equipped and under-resourced police force, inadequate prison
facilities and the near absence of basic rule of law infrastructure beyond the major urban
areas continue to have a negative impact on the promotion and protection of human rights.
11.
In Darfur, notwithstanding the general improvement in the security situation,
banditry, criminal activities and intermittent military activities by the parties to the conflict
have continued. In some areas, aerial bombardment and troop mobilization by Sudanese
Armed Forces have been reported. In the context of this ongoing violence, United Nations
and humanitarian personnel face significant risks to their lives. During the reporting period,
a significant number of UNAMID and humanitarian staff were deliberately attacked; some
were abducted and held in captivity for long periods.
12.
Also in Darfur, access to justice continues to be a major challenge owing to the
scarcity of law enforcement and rule of law institutions outside the main urban centres. This
lack of capacity, including acute shortages of police personnel, judges and prosecutors,
coupled with the lack of material resources and training within the justice sector
institutions, put the formal justice sector beyond the reach of a vast number of people. Very
few perpetrators have been brought to trial for crimes committed in the course of the
conflict despite the Government’s establishment of various mechanisms to address
impunity.
A.
International legal framework
13.
While the Sudan is a party to several core international human rights instruments,1
including the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights, it is yet to ratify other key universal
human rights treaties, including the Convention against Torture and Other Cruel, Inhuman
and Degrading Treatment and the Convention on the Elimination of Discrimination against
Women.2
B.
National framework, institutions and reforms
14.
Legislative and legal reform was a visible development during the reporting period.
In conformity with the Comprehensive Peace Agreement, the Southern Sudan Referendum
Act was passed by the National Assembly and came into effect on 31 December 2009. The
Abyei Referendum Bill and the Popular Consultation Bill for South Kordofan and Blue
Nile States were also passed on 30 December 2009.
15.
Another important legislation, the Child Act was passed by the National Assembly
on 29 December 2009. Among its many constructive provisions, the new law defines a
child as anyone who has not reached the age of 18 years and revokes “signs of maturity” as
1
2
4
The list of instruments is available at www.ohchr.org/EN/countries/AfricanRegion/Pages/SDIndex.
aspx.
The Sudan has also ratified the Convention on the Rights of the Child and the two Optional Protocols
thereto, the International Covenant on the Elimination of All Forms of Racial Discrimination, the
Convention on the Rights of Persons with Disabilities, the 1949 Geneva Conventions and the two
Optional Protocols thereto, and the African Charter on Human and Peoples’ Rights.
GE.10-13648
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