A/HRC/24/31
CPA. While some progress has been made in legislative and institutional reforms under the
CPA, the overall democratic transformation of the country has remained precarious. Sudan
has yet to adopt a new permanent constitution following the secession of South Sudan;
public debate over the constitution is proceeding amid increasing polarization over issues
such as the role of religion in the country, decentralization of power and wealth sharing
between the different regions of the Sudan. This period provides an opportunity for the
country to adopt a permanent democratic constitution that is inclusive and aimed at
realizing a lasting democracy and political stability for the country. At the same time, parts
of the legal framework, such as the National Security Act and the Criminal Act, infringe
fundamental human rights and freedoms. Restrictions on civil and political rights and the
curtailment of freedom of expression and the press have persisted. Increasing demands by
political opposition groups, civil society organizations and students for democratic reforms
have been met with a heavy hand by the authorities, including arrests and detention by the
security forces, and impunity remains a recurring problem.
13.
In the three Protocol Areas of Abyei, South Kordofan and Blue Nile, outbreaks of
fighting have led to widespread human rights violations and large-scale displacements. The
referendum on the final status of Abyei, and the popular consultation processes in South
Kordofan and Blue Nile envisaged under the CPA, did not take place due to fighting in
these areas.
14.
Sudan has yet to ratify key international human rights treaties, such as the
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment, and the
Convention on the Elimination of All Forms of Discrimination against Women. The
country underwent the universal periodic review (UPR) by the Human Rights Council in
May 2011. In spite of the positive achievements noted by the Government, a number of
concerns and issues were raised during the review, including with regard to continuing
discriminatory laws against women and the prevalence of sexual and gender-based violence
in Darfur.
15.
In meetings with the Independent Expert, many Government officials repeatedly
asserted that the general human rights situation in the Sudan should be understood in the
context of the decades of armed conflicts which have afflicted the country. The
Independent Expert notes that human rights and international humanitarian law must be
fully respected even in times of armed conflict. All parties involved in the armed conflicts –
Government forces and rebel groups alike – therefore, have a responsibility to respect
human rights at all times.
IV. Assessment of progress made by the Government towards
improving the human rights situation
16.
While the general human rights situation in the Sudan has remained unstable,
especially in conflict-affected areas like Darfur, South Kordofan and Blue Nile, the
Government continues to make progress in legislative and institutional developments aimed
at improving the situation of human rights in the country. In addition, human rights
awareness has improved across the different government sectors and relative improvement
can be seen among the general population. Nonetheless, effective implementation and
practical realization of most of the Government’s human rights policies on the ground
remain generally slow.
17.
In discussions with Government officials, the Independent Expert pointed out the
need for the Government to move from merely initiating human rights policies to a resultsoriented approach of ensuring the practical realization of adopted human rights policies
across the relevant institutions in the country. The Independent Expert continued to stress
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