A/HRC/45/53
care and education, which had remained neglected during the 30-year reign of former
President Al-Bashir. To contain the spread of the COVID-19 pandemic, the Government
launched a rapid response programme of cash-based social welfare, seeding $2 million
directly into vulnerable households across the country and including a fivefold increase in
the salaries of public sector employees. However, there is a need to assess the existing
social security schemes and safety nets and lay the foundations for an equitable social
protection system. The Independent Expert also received information that the Ministry of
Finance and Economic Planning had developed a plan to scale up financing to the health
sector and provide cash transfers to 80 per cent of the population, totalling more than 30
million people, most of whom are informal sector workers who have been badly affected
owing to restrictive measures, including lockdown. Given the huge cost of these measures
and the expected fall in public revenue, the Independent Expert acknowledges that the cashstrapped Government needs generous support from its international development partners.
B.
Legal reforms and ratification of human rights instruments
27.
The constitutional document indicates that the foundation of the State is premised
upon justice, equality and the rule of law, with an obligation of the transitional Government
to apply the principle of accountability and restitution of grievances and rights that have
been denied (art. 5). In this regard, chapter 1 of the document provides for the recognition
of war crimes, crimes against humanity, extrajudicial killings, and violations of human
rights and of international and humanitarian law committed since 30 June 1989 (art. 5 (3))
as within the jurisdictional reach of the transition agenda.
28.
The Independent Expert takes note of the programmatic priorities of the transition
period that are outlined in chapter 2 of the constitutional document with considerable
human rights focus. Article 7 (5) places emphasis on the priority to carry out legal reform,
rebuild and develop the human rights and justice system, and ensure the independence of
the judiciary and the rule of law. As is common in transitions of this nature, the
constitutional document provides for the establishment of 12 independent thematic
commissions to consolidate human rights and rule-of-law protection systems, including the
Legal Reform Commission (art. 38 (5)). The Independent Expert welcomes the adoption of
the law establishing the constitutional independent Commission for the Reform of the Legal
and Justice Systems that is key to initiating a comprehensive, transparent and participatory
review of the domestic laws and the justice systems.
29.
With reference to the recommendations made to the Sudan by the Human Rights
Committee and the Working Group on the Universal Periodic Review with regard to
amending the national legislation to align it with international human rights instruments, the
Independent Expert welcomes the reports on the endorsement of the Miscellaneous
Amendments Act by the Joint Council7 in July 2020, which provides for amendments to the
Criminal Code of 1991. The amendments include the abolishment of the crime of apostasy,
removal of the death penalty for murders committed by children, and removal of the death
penalty and flogging for sodomy.8 The Act also criminalizes actions that include genderbased discrimination and provides for better protection for women’s rights.
30.
The Independent Expert also welcomes the amendment of the Criminal Act of 1991,
in order to bring the definition of torture into line with article 1 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. He also
welcomes the amendment of the Criminal Procedure Act of 1991 to enshrine the
prohibition of torture and other inhuman and degrading treatment during investigation, and
the repeal of articles 50, 51 and 52 of the National Security Act, which provided national
security agents with the power to arrest and detain people and also repealed the immunity
regime, which protected agents from prosecution for acts committed during their work,
7
8
6
The Joint Council refers to the joint meeting of the Sovereign Council and the Council of Ministers,
acting as alternative legislative council in accordance with the 2019 constitutional document until the
formation of the Legislative Council, which will occur after the peace agreement has been signed.
The crime of apostasy is provided for in article 126 of the Criminal Code of 1991.
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