A/HRC/45/53/Add.1
A. Introduction
1.
The Sudan thanks the Independent Expert on the situation of human rights in the
Sudan for availing the opportunity to comment on the observations and findings of the draft
report which was received by the Sudan’s Permanent Mission in Geneva as an attachment to
his note verbal dated 1st of July 2020, and in which he welcomes receiving the response of
the Sudanese authorities by 16 July 2020 (i.e. 15 days period including transmission time and
weekend). In this regard, Sudan would like to refer to Article 13(c) of the Annex to HRC
Resolution 5/2 of 18 June 2007 (Code of Conduct for Special Procedures Mandate-holders
of the Human Rights Council) which provides that the State concerned shall be given
adequate time to respond. Paragraph 74 of the Manual of Operations of the Special
Procedures of the Human Rights Council of August 2008 states that: ideally, six weeks should
be allowed for Government comments to be taken into account.
2.
Since the establishment of the special procedures in respect of the Sudan, Sudan
continued to engage and cooperate with the mandate holders, a fact that has been affirmed in
all HRC resolutions under the Agenda Item concerned. The postponement of the IE visit to
Sudan during his current mandate would be justifiable taking into consideration the recent
developments worldwide, due to health measures related to (Covid-19 Pandemic), specially
the regulations and travel of travels imposed by the UN Secretary General and the High
Commissioner for Human Rights.
3.
Sudan hopes that the Independent Expert will take into consideration the present
comments by the Government of the Sudan in his final report, and request the OHCHR
Secretariat to circulate the same as an addendum to the IE’s report, pursuant to Article 8 (d)
of the Annex to HRC Resolution 5/2.
B. General Observation
4.
Sudan reiterates its stance that the present report, as the previous IE reports, follows
the same methodology applicable to reports considered under Item 4 of HRC Agenda, a
matter that is considered as departure from the actual mandate which focuses on the provision
of technical assistance and capacity-building to improve human rights in the Sudan, as
mentioned in the HRC resolution 39/22. Strict observance of the mandate and ensuring that
recommendations do not exceed the mandate, are important conditions for the work of
mandate-holders provided for in article 7 of the Annex to HRC resolution 5/2.
C. Key Developments
5.
On 17th August 2019, The Transitional Military council and Forces of Freedom and
Change singed the Constitutional Document; consequently, a Transitional Government
presided by the Prime Minister Dr. Abdalla Hamdok, was formed. The Constitutional
document stipulates a bill of rights, including all freedoms aiming at promoting and
protecting human rights in the country on the basis of the slogan of the revolution “Freedom,
Peace and Justice”. It provides, inter alia, the establishment of independent national
commissions, such as the Law Reform Commission, the National Commission for Human
Rights and the Commission of Transitional Justice.
6.
As the Constitutional Document prioritizes achieving comprehensive peace in the
country, the Transitional Government has been seriously engaging in peace talks taking place
in Juba. After several painstaking rounds of negotiations between the parties, reaching a
peace deal looks imminent with 95% of the issues agreed upon.
7.
The Government of Sudan has provided a conducive environment in which all human
rights, including freedom of media and journalism, freedom of opinion and expression,
freedom of peaceful assembly and association are well protected, in accordance with the
Constitutional Document.
8.
In the context of the implementation of the provisions of the Constitutional Document
on peace-building, promotion of human rights and achievement of development and
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