A/HRC/15/57
3.4
Start to review the compatibility of domestic legislation with the interim national
constitution and bill of rights, and harmonize laws with Sudan’s obligations under
international human rights law. Undertake legal reform to include, especially,
National Security Act, Police Act, Emergency Laws, and Armed Forces Act.
Short-term/mid-term
• Number of laws reformed in accordance with international human rights law
Significant activities were
The Child Act contains constructive provisions
including the definition of a child as anyone who has undertaken and implementation is
in process.
not reached the age of 18, raises the age of criminal
responsibility from 7 to 12 years and makes child
exploitation and abuse a criminal offence. The Press
and Printed Materials Act of 2009 provides for no
restrictions on press publications unless prescribed by
law to protect national security, public order and
health. It also provides for the right of access to
information in accordance with the law and also
prohibits the confiscation and closing down of
newspapers.
The NISS Act on the other hand maintains arrest and
detention powers of the NISS contrary to the Interim
National Constitution and the CPA which envisioned
information gathering and advisory roles for the
National Security Service. Amendments to the
Criminal Procedure Act grant State governors and
commissioners powers to issue orders to ban public
meetings and gatherings. The 1997 Emergency and
Public Safety Act, which grants wide discretionary
powers of arrest to the State governors, has not been
reformed.
Response of the Government of Sudan
The Government makes reference to Sudan’s
ratification of the two Optional Protocols on the
1949 Geneva Convention on the Protection of
Civilians in International Conflicts and the
International Convention on the Rights of Persons
with Disabilities. Reference is also made to
relevant legislations passed by the national
legislature including the Armed Forces Act 2007,
the Police Act 2008, the Criminal Act 1991
(Amendment), the National Security Act 2009, the
Child Act 2009, the Press and Printed Material
Act 2009, the Southern Sudan Referendum Act
2009, the Abyei Referendum Act 2009, the Popular
Consultation for Southern Kordofan and Blue Nile
Act 2009 and the National Human Rights
Commission Act 2009.
39
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