A/HRC/14/41
a criterion for defining a child. It also raises the age of criminal responsibility from 7 to 12
years, criminalizes child exploitation and abuse and establishes a comprehensive juvenile
justice system. Despite these positive reforms, the act failed to criminalize female genital
mutilation.
16.
On 8 June 2009, the National Assembly passed the Press and Printed Materials Act.
The Act provides, among other things, for no restrictions to be imposed on press
publications unless prescribed by law to protect national security, public order and health. It
also allows for the right of access to information in accordance with the law. In September
2009, the President of the Republic issued a decree lifting pre-censorship of the print
media. Despite these improvements, concerns remain about the extensive powers conferred
on the press supervisory body and on restrictions on the press in practice.
17.
In relation to children, the Government has established specialized prosecutors for
children as well as child and family units as part of law enforcement agencies in the
country.
18.
In spite of the above-mentioned achievements, there was little progress in other
areas of human rights concern. While the National Human Rights Commission Act was
passed by the National Legislature in April 2009, the Government has still not appointed
the members of the Commission. On 20 December, the National Assembly passed a bill
repealing the National Security Forces Act of 1999 and reforming the Sudanese National
Intelligence and Security Service (NISS). Under the new law, which came into effect on 28
January 2010, the NISS has powers of arrest and detention for a period of 30 days without
any prosecutorial approval or judicial order. The new law also grants NISS personnel
immunity from criminal prosecution and civil liability.
C.
Elections
19.
As a major step towards democratic transition and as envisaged in the
Comprehensive Peace Agreement, the Sudan conducted general elections at all levels of
government (national, State and local) from 11 to 15 April 2010. The elections marked the
country’s first multiparty elections in 24 years. They are expected to help transform the
country into a democracy ahead of a key referendum in 2011 to determine the fate of the
autonomous Southern Sudan region. Three major opposition parties from Northern Sudan,
the Umma National Party, the Communist Party and the Umma Reform and Renewal Party
boycotted the process, while the dominant political movement in the South, the Sudan
People’s Liberation Movement (SPLM) also withdrew from the national presidential
elections and decided not to participate in elections in Darfur. The electoral process was
beset by a range of technical, operational and logistical problems compelling the election
authorities to extend the voting period for two days. Nevertheless, the voting process was
largely orderly and peaceful and within a well-maintained security environment. In Darfur,
where a low-level civil war rages on, voting also passed reasonably peacefully and was
largely free of major incidents.
20.
An important percentage of Sudanese citizens eligible to vote exercised their right to
do so. Women participated fully in the process and special arrangements were made to
allow prisoners, people in hospitals, people living with disabilities to participate in the
process. In the final results released by the National Election Commission more than 10
days after voting closed, President Al Bashir was declared the winner in the national
presidential ballot, with 68 per cent of the vote, while the President of the Government of
Southern Sudan and leader of the SPLM, Salva Kiir, was declared the winner in the
Southern Sudan elections, with 93 per cent of the vote.
GE.10-13648
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