A/HRC/24/31
31.
All of the above incidents of arbitrary arrest and detention are clear violations of the
right to liberty and security as guaranteed under the interim constitution of the Sudan and
article 9 of the International Covenant on Civil and Political Rights. The Government and
its security agents should desist from arbitrary arrests and detention to ensure full respect
for the right to liberty and security of individuals. All arrests and detentions by the
Government must be carried out in accordance with due process and relevant human rights
guarantees.
D.
Freedom of religion
32.
The Independent Expert received complaints from different quarters about
discrimination against non-Muslims – particularly in Khartoum – and incidents of arrests of
individuals, raiding of churches and seizure of Christian literature by security agents due to
allegations of Christian proselytization in the country. The right to freedom of religion is
enshrined in the interim constitution of the Sudan and article 18 of the International
Covenant. The interim constitution also established the Commission for the Rights of NonMuslims in Khartoum State to ensure that their rights are protected in accordance with the
constitution. The Sudan has an obligation to ensure that these provisions on the right to
freedom of religion are fully respected without discrimination.
E.
2010 National Security Act
33.
The operations of the National Security Service (NSS) have had an adverse impact
on the enjoyment of civil and political rights, particularly press freedom, freedom of
expression, freedom of assembly, right to liberty, political participation and civil society
activities. The activities of NSS also impinge on the role of the police as the legitimate law
enforcement institution in a democratic society. This has been a source of concern in the
human rights community both nationally and internationally. The Director of NSS noted in
his meeting with the Independent Expert that NSS operates within its enabling law, namely
the 2010 National Security Act. As a State organ, NSS has an obligation to fully respect
human rights when carrying out its legitimate functions.
F.
Women and children’s rights
34.
Women and children are among the most vulnerable groups in the Sudan, especially
in regions affected by conflict. The protection of women and children’s rights – particularly
in conflict-affected areas –, therefore, is a matter of serious concern. Women are forced, by
various circumstances, to engage in routine livelihood activities, such as fetching firewood,
farming and animal grazing, to support their families. These activities often expose them to
security risks, including sexual and gender-based violence. In Darfur, UNAMID provided
technical assistance in the form of workshops on sexual and gender-based violence for a
total of 140 government officials and community leaders between April and June 2013. The
head of the North Darfur judiciary expressed particular concern about the impact of the
conflict in Darfur on children and emphasized the need for improvement in juvenile justice.
Girl children are also exposed to harmful cultural practices, such as female genital
mutilation (FGM), that infringe their fundamental human rights.
35.
The interim constitution guarantees the rights of women and children, but the Sudan
has ratified only the Convention on the Rights of the Child; it has not yet ratified the
Convention on the Elimination of Discrimination against Women, and this, in essence,
denies women the broader human rights protection provided under international law.
9
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