A/HRC/39/71
improve the situation of human rights in the country with a view to fulfilling its human
rights obligations and commitments.
VI. Conclusion and recommendations
71.
The Independent Expert’s assessment of the implementation of his previous
recommendations was based on information made available to him by the
Government of the Sudan and other stakeholders, including national and
international partners with an operational mandate in the field of human rights in the
Sudan. The Independent Expert has taken note of assurances of cooperation and
commitments from the authorities to take steps towards implementing the
recommendations contained in the Independent Expert’s previous reports.
72.
In this regard, he welcomed the appointment of the Chair, Deputy Chair and
commissioners of the Sudan National Commission for Human Rights, which he hopes
will enable the Commission to function effectively. The Independent Expert also
commends the Government for having taken positive steps towards improving the
security situation in Darfur, including efforts by State authorities to address
community-level conflicts and foster social cohesion by drawing diverse communities
together through processes of dialogue and consultations.
73.
In spite of these steps and assurances of cooperation, the Independent Expert is
deeply concerned that a significant number of his recommendations have still not been
implemented. In this context, he notes that the harmonization of national laws with
international human rights principles has advanced at a slow pace. Parts of the legal
framework, such as the National Security Act and the emergency laws in Darfur,
continue to infringe on fundamental rights. In Darfur particularly, land occupation
and violence targeting internally displaced persons, including sexual violence against
displaced girls and women, continue to hinder their return to their areas of origin.
74.
He wishes to reiterate that the Government will ultimately be assessed by its
willingness to implement his recommendations, which will lead to an improvement in
the human rights situation in the country. He therefore urges the Government to take
all the necessary measures to implement the recommendations without further delay
in a more constructive engagement with the Human Rights Council, the United
Nations and the international community.
75.
On the basis of his appraisal and assessment of the situation, the Independent
Expert reiterates all the recommendations previously made and which have not yet
been implemented. In particular, the Independent Expert makes the
recommendations below.
A.
Government of the Sudan
76.
The Independent Expert calls upon the Government of the Sudan to:
(a)
Take concrete measures to reform aspects of the current legal
framework that are in breach of the exercise of civil and political rights and
fundamental freedoms. In particular, priority should be given to withdrawing law
enforcement powers, including the power of arrest and detention, from the National
Intelligence and Security Service;
(b)
Ratify all remaining international instruments for the protection of
human rights, including the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment;
(c)
Ensure that the application of the death penalty in all cases takes place
in a very strictly defined set of circumstances, including guarantees that the minimum
fair trial standards demanded by article 14 of the International Covenant on Civil and
Political Rights have been fully met;
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