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Brief update on the situation of Human Rights in the Sudan

This brief update is intended to keep the international community well informed about the situation of human rights in the Sudan:

First : The Government of the Sudan reaffirms its strong commitment to the respect, promotion, and protection of human rights, and its political will to address all concerns raised effectively with the understanding that they are the legitimate concerns of the international community.

Second : The Government of the Sudan has extended maximum cooperation to the United Nations machinery working in the field of human rights in the following manner:

1 - Received the Special Rapporteur on the situation of human rights in the Sudan, Mr. Gaspar Biro, twice in 1997.

2 - Received the Rapporteur on Religious Intolerance, Mr. Abdel Fatah Amor, in the Sudan and continued its cooperation with him thereafter as he has noted with appreciation in his recent statement before the Third Committee.

3 - Established a Committee for the investigation of cases of dsiappearances as requested by the Working Group on Enforced and Involuntary Disappearances, and the Committee has submitted its report, which evidences the falsity of the allegations.

4 - Investigating cases of slavery, slave trade, servitude and similar practices as requested by the United Nations General Assembly in its resolution of 22 December 1995. And the Committee has already submitted a first report, which also evidences the falsity of the allegations.

5 - Sent an investigation team to the city of Juba in southern Sudan during 13-20 November 1996 in response to a request made by the Special Rapporteur on the situation of human rights in the Sudan on 6 September 1996. And the findings of the team have proved, to the satisfaction of the Special Rapporteur, that the allegations are unfounded.

6 - Extended invitations to visit the Sudan for the Rapporteur on Freedom of Expression, the Working Group on Contemporary Forms of Slavery, Amnesty International and a delegation from Human Rights Watch International.

7 - Received delegations from the African Commission on Human Rights, Human Rights Watch International, the Center for the Independence of Judges and Jurists, the lawyers Committee and many human rights activists including parliamentarians and cabinet ministers. Also foreign dignitaries were received including John Paul II, the Bishop of Canterbury, Lord McNair of the United Kingdom and many other international personalities.

Third : Since almost all alleged human rights violations in the Sudan are taking place within the context of the armed conflict in southern Sudan, the Government of the Sudan has completed its several peace initiatives by the conclusion of the Sudan Peace Agreement on April 1997, and the acceptance of the IGAD Declaration of Principles. All controversial issues were resolved in the Agreement to the satisfaction of all parties, and these issues include the following:

1 - Granting the right to self-determination to citizens of the Southern states to be exercised before the end of the four years interim period in a free and fair referendum to be supervised by international observers.

2 - Freedom of religion, belief, worship rites, missionary and preaching activities are guaranteed to all to the extent that no citizen shall be coerced to embrace any religion, and no legislation that would adversely affect the religions or beliefs of any citizen shall be promulgated.

3 - The Sudan is recognized as a multiracial, multiethnic, multicultural and multireligious society and, therefore, citizenship was made the basis of rights and duties. This aspect was well received by the Special Rapporteur in paragraph 54 of his interim report.

4 - Shariah and custom have been made sources of legislation.

5 - The conclusion of the Special Rapporteur in this connection in the interim report is to the effect that "the provisions of the 21 April 1997 Khartoum Agreement on fundamental human rights and freedoms are in accordance with international standards on human rights".

6 - The Office of Press and Cultural Affairs of the American Embassy in Kharotum has commented on that occasion in a news release dated April 30, 1997 as follows: "We believe that the ideas in both the Peace Agreement and the IGAD Declaration of Principles form a solid basis on which to draw this tragic conflict to peaceful conclusion". Eventually, the Government has accepted the Declaration of Principles formulated by the IGAD in 1994 as basis for negotiations. This initiative was welcomed by the summit of the IGAD Heads of State and Governments held in Nairobi on 8th and 9th July 1997.

Fourth : In addition to addressing the root causes of human rights violations by providing a conducive atmosphere for resolving the conflict peacefully and embarking on a massive constitutional development for the transition to democracy as evidenced by the 1996 Presidential and Parliamentary Elections, and the creation of Committees to draft the constitution, the Government has taken serious practical measures to improve the situation of human rights in the Sudan. However, to avoid any controversy in this connection, we will confine our references to the measures recognized by the Special Rapporteur, Mr. Gaspar Biro, in his recent interim report, dated November 1997, which were as follows:

1 - To respond more effectively to the concerns expressed in previous reports of the Special Rapporteur and in resolutions adopted by the UN General Assembly and the Commission on Human Rights, the Government has, as of April 1997, established several subcommittees to deal with the different categories of allegations of human rights violations in the Sudan. Commenting on these practical measures in paragraph 53 of the interim report, the Special Rapporteur is of the view that "this development should be considered by the international community as a positive step by the Government of the Sudan in addressing the situation of human rights in the country".

2 - Regarding the category of detainees under the National Security Act, we refer to the fact that 71 of them have already been released during 13-18 May 1997. Moreover, the serious accusations against the remaining detainees (20) which include plotting for sabotage and terrorist activities are currently under proper investigations and 13 of them have already been put to trial as of the first week of Nov. 1997 by ordinary courts of justice. Also, all allegations of torture have been properly investigated and addressed.

3 - Regarding the issue of street children, the Special Rapporteur has reported in paragraph 66 positive developments noting that "it is especially encouraging that UNICEF is becoming more and more involved in common projects and fieldwork with specialized departments of the Ministry of Social Planning, together with national and international non-governmental organizations. The Special Rapporteur believes that the international community should welcome these developments".

4 - In paragraph 71 the Special Rapporteur has recognized the efforts made by various government organs, especially the efforts of the Advisory Council for Human Rights, to improve the communication between the Government of the Sudan and the office of the United Nations High Commissioner for Human Rights. And he has recommended in the same paragraph that the international community should support such measures.

5 - In presenting his interim report, the Special Rapporteur has also recognized as a positive note the change in the attitude of the Government of the Sudan regarding reports and information on certain categories of violations of human rights. Also in his interim report submitted to the 51 first Session of the United Nations General Assembly he has recommended, that the international community and the United Nations General Assembly should "give priority support" to the effective measures of a practical nature undertaken by the Government of the Sudan to investigate all alleged human rights violations and to improve the flow of information to competent United nations bodies and agencies.

More detailed and well-documented information about the situation of human rights in the Sudan could be obtained from the Advisory Council for Human Rights at the following address :

P.O. Box 302

Khartoum, Sudan

Tel. : 772696