A/HRC/7/22
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11. On 21 October, a group of lawyers and law professionals representing different political
parties and civil society organizations submitted a case to the Constitutional Court against the
Government of the Sudan on the issue of prosecution fees, Constitutional Court fees and land
registration fees. In its submission, the group argued that the high fees constituted a violation of
constitutional and human rights principles, including the right to property.
12. On 8 November, the Constitutional Court issued a decision on the case raised in May 2007
by the Al Sudani newspaper, which had been suspended for a few days on the basis of article 130
of the Criminal Procedure Act on the “prevention of public nuisance”. The Court determined that
article 130 of the Criminal Procedure Act was not meant to be used against the press. In addition,
the Court stated that the use of article 130 to suspend newspapers limited the freedom of the
press, which is a constitutional right guaranteed by the Interim National Constitution.
13. The Special Rapporteur is concerned to learn that, on 17 November, during the eighteenth
anniversary celebrations of the Popular Defence Forces (PDF), President al-Bashir called on
PDF “to open their camps and gather the Mujahideen”.
14. On 11 October, the Sudan People’s Liberation Movement (SPLM) suspended its
participation in the Government of National Unity, invoking violations of the Comprehensive
Peace Agreement, obstruction of the democratic process, lack of national reconciliation, delay of
North-South demarcation and human rights abuses in Southern Sudan by elements from regular
forces. On 3 November, President al-Bashir and First vice-President Kiir announced an
agreement on most of the issues.
15. On 17 December, the Government of Sudan Presidency agreed that the SPLM ministers
would return to the Government of National Unity. The new ministers were sworn in
on 27 December. The standoff between the two parties has had some impact on human rights,
most notably with regard to the establishment of the National Human Rights Commission, which
has, however, been delayed again by the present political crisis. In December 2006, the National
Constitutional Review Commission, which is entrusted by the Comprehensive Peace Agreement
to draft the legal framework of the Commission, submitted the final draft of the Human Rights
Commission bill to the Council of Ministers for its approval. There are still some differences
among the parties to the Comprehensive Peace Agreement on the criteria of membership and the
investigation power of the Commission.
16. The third version of the Southern Sudan Human Rights Commission bill is now largely in
line with the Paris Principles. The revisions were based on comments made by the members of
the Southern Sudan Human Rights Commission and the UNMIS Human Rights Office.
17. The Commission for the Protection of the Rights of Non-Muslims in the National Capital
held a meeting on 25 November. The Commission is reportedly working on domestic policies
relating to the application by the administration of justice institutions of laws to non-Muslims.
18. In summary, there has been some progress, however significant portions of the
Comprehensive Peace Agreement to strengthen the human rights record of the Sudan have not
been implemented; as a result, the human rights legal and institutional framework remains weak.
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