A/HRC/33/65
V. Assessment of the current human rights situation
62.
During his visit to the Sudan, the Independent Expert requested the Government of
the Sudan to provide him with a report on the steps it had taken towards implementing the
recommendations made in his report of September 2015 (A/HRC/30/60). Although the
Government failed to produce such a report, the Independent Expert noted some positive
steps, including the signing by the Government of the road map agreement aimed at ending
the conflicts in Darfur, Southern Kordofan and Blue Nile, the establishment of a sub-office
of the National Human Rights Commission in Darfur and the deployment of 20 prosecutors
across Darfur, as part of efforts by the Sudanese authorities to improve access to justice. In
addition, the Government continued to cooperate with human rights mechanisms, including
the present mandate holder, and actively participated in the second cycle of the universal
periodic review in May 2016.
63.
Despite these steps, most of the recommendations made in the Independent Expert’s
last report remained largely unimplemented during the reporting period. The Independent
Expert noted that the Sudan continued to face numerous human rights challenges. The
overall democratic transformation of the Sudan has remained precarious. Parts of the legal
framework, such as the National Security Act and the Criminal Act, and parallel legislation
specific to Darfur, such as the emergency laws, continue to infringe on fundamental rights
and freedoms. The harmonization of national laws with international human rights
principles has advanced at a slow pace. In addition, restrictions on civil and political rights
and the curtailment of the rights to freedom of expression, association and peaceful
assembly, as well as freedom of the press have persisted. Increasing demands by political
opposition groups, civil society organizations and students for democratic reforms have
been met with repressive measures by the Sudanese authorities, including arrests and
detention by the National Intelligence and Security Service. Human rights defenders,
political opponents and journalists continue to be targeted and impunity remains a recurring
problem.
64.
The Independent Expert was also concerned that the death penalty continued to be
applied during the reporting period, in particular against members of the Darfur armed
movements, including the Justice and Equality Movement and the Sudan Liberation ArmyMinni Minawi. In this regard, the Independent Expert noted that, in its concluding
observations on the fourth periodic report of the Sudan, the Human Rights Committee
recommended that the Sudan should consider abolishing the death penalty and acceding to
the Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty (see CCPR/C/SDN/CO/4, para. 14).
65.
In the field of economic, cultural and social rights, the Independent Expert noted
that, in the distribution of the national budget, the defence, police and security sectors
accounted for 78 per cent of the total budget, compared to only 7 per cent allocated for
agriculture, health, industry and education. The Independent Expert calls upon the
Government of the Sudan to adopt a holistic approach to development and a national
strategy for protecting and developing productive sectors, as well as a new poverty
reduction strategy to address the root causes of inequalities in the country.
66.
During his visit, the Government underscored the negative impact of the unilateral
coercive measures on the enjoyment of human rights by the people of Sudan and advocated
the lifting of the sanctions. In this regard, the Independent Expert looks forward to the
report (A/HRC/33/48/Add.1) to be submitted to the Human Rights Council by the Special
Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of
human rights, who conducted his first mission to the Sudan during the reporting period.
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