A/HRC/36/63
81.
Moreover, the Independent Expert would like to emphasize the need for the national
human rights institution to comply with the Principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles) in order
to play a crucial role in monitoring and promoting the effective implementation of
international human rights standards at the national level. In that regard, he would
recommend that amendments be made to section 6 of the Act relating to the appointment of
the Commissioners, to ensure that appointments are made by the National Assembly
following a transparent and competitive process, as provided for under the Paris Principles.
82.
The Independent Expert reiterates his call to the international community to enhance
its technical and financial assistance to the Commission in order to allow it implement its
mandate in an efficient manner.
VI. Conclusion and recommendations
83.
The Independent Expert acknowledges that, during the period under review,
there were some positive steps undertaken by the Government of the Sudan in the
field of human rights. They include the separation of the Ministry of Justice from the
Office of the Attorney General, the decision by the President of the Sudan to pardon
259 armed movement personnel who had been captured during fighting with
government forces in Darfur, the release from custody of two pastors who had been
sentenced to 12 years’ imprisonment following a presidential pardon, and the efforts
undertaken in order to facilitate humanitarian access to conflict-affected areas in
Darfur, South Kordofan and Blue Nile.
84.
Despite those positive developments, the Independent Expert remains
concerned about a number of human rights issues in the country that are still largely
unaddressed. The violations of civil and political rights after the holding of the Sudan
National Dialogue are of great concern. The Independent Expert is particularly
concerned by incidents of harassment, arrests, torture and prolonged detention of
civil society actors, without access to legal representation or their families, by officers
of the National Security Services. Also of concern are the ongoing censorship of
newspapers and increased restrictions on journalists from expressing their opinions
freely. Such actions amount to violations of the rights to freedom of expression and of
association, and suggest a preoccupying trend, while the aim of Sudan National
Dialogue had been, inter alia, to guarantee fundamental freedoms, rights and social
justice and to agree on independent mechanisms for the protection of such rights.
85.
In Darfur, Southern Kordofan and Blue Nile, despite a decline in military
operations between government forces and armed opposition movements, the
prevalence of armed groups, including government-backed militias and other armed
actors, who operate in total impunity, continue to pose a serious threat for the
protection of civilians and human rights. The Government of the Sudan has primary
responsibility to ensure the protection of its civilians, and it needs to undertake
effective measures to address the serious institutional gaps in the justice and security
sectors in a coordinated manner in order to promote respect for the rule of law and
protection of human rights.
86.
In the light of the foregoing observations, the Independent Expert makes the
recommendations below.
A.
Government of the Sudan
87.
The Independent Expert calls upon the Government of the Sudan to:
(a)
Take concrete measures to reform the current legal framework, which
infringes on the exercise of political and civil rights and fundamental freedoms.
Priority should be given to withdrawing enforcement powers, including arrest and
detention, from officers of the National Security Service, in line with the information-
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