Situation of human rights in the Sudan – 2002/L.27

Austria, Belgium, Bulgaria*, Canada, Czech Republic, Denmark*, Finland*, France, Germany, Greece*, Hungary*, Iceland*, Ireland*, Italy, Latvia*, Luxembourg*, Monaco*, Netherlands*, Poland, Portugal, Romania*, Spain, Sweden, Switzerland*, United Kingdom of Great Britain and Northern Ireland, Slovenia*, Slovakia*: 

The text was passed with 25 votes in favour, 24 against and three abstentions

The Commission on Human Rights, 

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable human rights instruments, and the duty to fulfil the obligations that they have undertaken under the various international instruments in this field,

Mindful that the Sudan is a party to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, the African Charter on Human and Peoples’ Rights and the Geneva Conventions of 12 August 1949 for the protection of victims of war, 

Recalling previous resolutions of the General Assembly and the Commission on Human Rights on the situation of human rights in the Sudan, most recently Commission resolution 2001/18 of 20 April 2001, and taking note of Assembly resolution 56/175 of 19 December 2001, 

Expressing its firm belief that progress towards a peaceful settlement of the conflict in southern Sudan will greatly contribute to the creation of a better environment for the respect of human rights in the Sudan, and convinced that all parties to the conflict must do their utmost to realize concrete steps for a comprehensive and lasting peaceful solution to the conflict,

Expressing concern about the human rights and humanitarian situation in the country and aware of the urgent need for the Government of the Sudan to implement effective additional measures in the field of human rights and humanitarian relief to protect the civilian population from the effects of armed conflict, 

Noting Security Council resolution 1372 (2001) of 28 September 2001, in which the Council decided to terminate, with immediate effect, the measures referred to in paragraphs 3 and 4 of Council resolution 1054 (1996) and paragraph 3 of its resolution 1070 (1996),

1.- Welcomes: 

(a) - The interim report of the Special Rapporteur on the situation of human rights in the Sudan submitted to the General Assembly at its fifty-sixth session (A/56/336) and the report on the situation of human rights in the Sudan submitted to the Commission on Human Rights at its present session (E/CN.4/2002/46); 
(b) - The cooperation extended by the Government of the Sudan to the Special Rapporteur during his visits to the Sudan in October 2001 and February and March 2002, as well as the cooperation extended to other United Nations mandate holders in the field of human rights; 
(c) - The technical cooperation agreement signed on 29 March 2000 by the Government of the Sudan and the Office of the United Nations High Commissioner for Human Rights and the commencement of the programme of technical cooperation with government institutions and civil society organizations; 
(d) - The Peace Agreement of 1997 for the Sudan, the acceptance of the Declaration of Principles as a basis for negotiations, the declaration of the ceasefire agreement in the Nuba Mountains signed on 19 January 2002 by the Government of the Sudan and the Sudan People’s Liberation Movement/Nuba and the establishment of a Joint Military Commission and an International Monitoring Unit to implement and monitor the ceasefire, as well as the prohibition of laying of mines, demining of the area and free movement of civilians and goods, including humanitarian assistance, and notes that the ceasefire is a part of wider efforts to improve the overall humanitarian situation in the Sudan and in the Nuba Mountains;

(e) - The agreement between the Government of Sudan and the Sudan People’s Liberation Movement to protect civilians and civilian facilities from military attacks, signed in Khartoum on 10 March 2002; 

(f) - The commitment of the Government of the Sudan to establish an advisory council for Christians and to appoint Christians to senior executive positions within the Ministry for Religious Affairs and to promote inter-religious dialogue;

(g) - The Decree No. 14/2002 of 26 January 2002 of the President of the Republic of the Sudan re-establishing, and further empowering the Committee for the Eradication of Abduction of Women and Children and the commitment of the Government and the Sudan People’s Liberation Army/Movement to support an international commission to review the phenomenon of abduction and propose constructive recommendations, as well as the cooperation extended to the Committee by the local communities and the support of the international community and non-governmental organizations;

(h) - The cooperation extended by the Government of the Sudan and the Sudan People’s Liberation Army/Movement to United Nations humanitarian agencies, including within the context of Operation Lifeline Sudan, to mitigate the effects of war on civilians, and their commitment to permit days and zones of tranquillity, and emphasizes the need to strengthen further the access for and the support to United Nations humanitarian agencies; 

(i) - The visit, upon the invitation of the Government of the Sudan, of the Representative of the Secretary-General on internally displaced persons, as well as the commitment of the Government to continue its efforts to address the problem of internally displaced persons and to follow up the visit of the Representative effectively, including by developing a comprehensive study with a view to elaborating a national policy on internal displacement and by holding a conference on the subject in the near future;

(j) - The demobilization and repatriation of more than 3,500 child soldiers in close cooperation between the Sudan People’s Liberation Army/Movement and the United Nations Children’s Fund; 

(k) - The commitment of the Government of the Sudan to facilitate the establishment of an independent national commission on human rights and urges the Government of the Sudan to fulfil its commitment;

(l) - The steps taken by the Government of the Sudan towards the ratification of International Labour Organization Convention (No. 182), concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, as well as towards the ratification of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 

(m) - The commitment made by the Government of the Sudan to embark on a programme of civic education in democracy and to create an inter-party liaison mechanism in order to foster further democratization, cooperation with and inclusion of opposition parties in the Government at both federal and state levels, and calls upon the Government of the Sudan to hold free and fair elections in the near future;

2 - Expresses its deep concern at:

(a) - The extension of the state of emergency until the end of 2002;

(b) - The impact of the ongoing armed conflict on the situation of human rights and its adverse effect on the civilian population, in particular women and children, and at continuing serious violations of human rights, fundamental freedoms and international humanitarian law by all parties to the conflict, in particular: 

(i) The occurrence, in particular within the framework of the conflict in southern Sudan, of the use of children as soldiers and combatants, forced conscription, forced displacement, arbitrary detention, torture and ill?treatment of civilians and summary and arbitrary executions, and at still-unresolved cases of enforced or involuntary disappearance; 

(ii) The ongoing plight of internally displaced persons in the Sudan, in particular women and children, and their lack of access to protection and assistance, including in areas surrounding the oilfields, notes the invitation extended by the Government of the Sudan to the Special Rapporteur to 
visit the oil-producing areas and encourages the Government of the Sudan to facilitate the planned visit of the Senior Inter-Agency Network on Internal Displacement;

(iii) - The abduction of women and children by Murahaleen groups and other government militias and their subjection to forced labour or similar conditions; 

(iv)The negative role of undisciplined southern militias, armed by the Sudanese army and the Sudan People’s Liberation Army/Movement, which are responsible for killings, torture, rape, abduction and the destruction of shelter and livelihood;

(v) - The widespread and indiscriminate aerial bombardments and attacks by the Government of the Sudan, particularly bombings of schools and hospitals, churches, food distribution areas and marketplaces, and expresses deep concern about the recent attack by the Government against a United Nations food distribution centre in southern Sudan on 20 February 2002;

(vi) - The use of civilian premises for military purposes, as well as the use of weapons, including landmines, and indiscriminate artillery shelling against the civilian population;

(vii) - The measures taken by the leadership of the Sudan People’s Liberation Army/Movement to prevent tribal elders, women and youths from participating in civil society gatherings such as the Nuer Conference held in Kisumu, Kenya, from 16 to 22 June 2001;

(c) - Continuing violations of human rights in areas under the control of the Government of the Sudan, in particular:

(i) - Restrictions on the freedoms of religion, association, assembly and expression;

(ii) - The restriction of political freedom, in spite of the replacement, in March 2000, of the Political Associations Act of 1998 by the Associations and Political Parties Act, the prevention of opposition politicians’ travelling outside the Sudan and the prohibition on some parties’ holding public gatherings, particularly in the regions;

(iii) - The arbitrary arrests and detention without trial, in particular of political opponents, human rights defenders and journalists, the lack of legal representation in many trials, the reactivation in 2001 of Special Summary Courts, which has led to the imposition of severe sentences in numerous cases, as well as the amendment to the National Security Forces Act that allows the renewal of temporary detention as a preventive measure, practically without limits, and the amendment to the Criminal Procedures Act giving the police unnecessarily increased powers;

(iv) - The extent of the use of most cruel forms of corporal punishment in contravention of human rights norms and standards, as well as detention in precarious conditions, in particular by the security organs, intelligence agencies and the police, while encouraging the judiciary to exercise more control over such agencies;

(v) - The discrimination against women and girls in law and in practice, including the widespread practice of female genital mutilation, the amended labour law that prevents women from working in public places the harassment of women by security forces and the deplorable conditions in women’s prisons;

(vi) - The use of the death penalty in disregard of the provisions of the International Covenant on Civil and Political Rights and United Nations safeguards;

3. - Urges all parties to the continuing conflict in the Sudan:

(a) - To respect and protect human rights and fundamental freedoms, to respect fully international humanitarian law, in particular the need to ensure the protection of civilians and civilian premises, thereby facilitating inter alia the voluntary return, repatriation and reintegration of refugees and internally displaced persons to their homes, and to ensure that those responsible for violations of human rights and international humanitarian law are brought to justice;

(b) - To implement the Khartoum agreement to protect civilians and civilian facilities from military attacks and in particular the Government of the Sudan to cease immediately all indiscriminate aerial bombardments and attacks against the civilian population and civilian 
installations, including schools and hospitals, churches, food distribution areas and marketplaces and the Sudan People’s Liberation Army to abstain from misappropriating humanitarian assistance and diverting relief supplies, including food, from their civilian recipients;

(c) - To stop the use of tribal militias that commit human rights abuses;

(d) - To grant full, safe and unhindered access to all international agencies and humanitarian organizations in order to facilitate by all possible means the delivery of humanitarian assistance, in conformity with international humanitarian law, to all civilians in need of protection and assistance, to continue to cooperate with the Office for the Coordination of Humanitarian Affairs and Operation Lifeline Sudan to deliver such assistance, to take measures against those who are responsible for abductions, harassment of and use of force against United Nations and humanitarian staff;

(e) - Not to use or recruit children under the age of 18 as soldiers and to fulfil the commitments made concerning the protection of children affected by war, such as to cease the use of anti-personnel landmines and attacks on sites where there is usually a significant presence of children, as well as the abduction and exploitation of children, and encourages the process of demobilization of child soldiers currently being undertaken by the United Nations Children’s Fund together with the Sudan People’s Liberation Army/Movement;

(f) - To allow an independent investigation of the condemned murder of four Sudanese nationals who were abducted on 18 February 1999 while travelling with a team from the International Committee of the Red Cross on a humanitarian mission and subsequently killed while in the custody of the Sudan People’s Liberation Army/Movement and urges the Sudan People’s Liberation Army/Movement to return their bodies to their families;

4 - Calls upon the Government of the Sudan:

(a) - To comply fully with its obligations under international human rights instruments to which the Sudan is a party and to promote and protect human rights and fundamental freedoms, as well as to respect its obligations under international humanitarian law;

(b) - To take all effective measures, inter alia by ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to end and to prevent all acts of torture and cruel, inhumane and degrading treatment, including amputation, and to end the use of public order, that special or other courts apply such penalties;

(c) - To sign and ratify the Convention on the Elimination of All Forms of Discrimination against Women and to take measures to ensure full and equal enjoyment by women and girls of their human rights;

(d) - To ratify the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction of 1997;

(e) - To return to constitutional normality as quickly as possible and to undertake further efforts to promote an environment conducive to a genuine process of democratization that reflects the aspirations of the people and ensures their full participation, to ensuring the rule of law and to improvements in the field of human rights by bringing legislation more into line with the Constitution and into conformity with the applicable international human rights instruments to which the Sudan is a party;

(f) - To liberalize the system for maintaining public order, including abolishing the security of the community police and to continue its assimilation into a regular criminal justice system, bearing in mind the vulnerability and rights of the accused, particularly of displaced women, when applying the rule of law and sentencing, and to implement the Standard Minimum Rules for the Treatment of Prisoners;

(g) - To ensure full respect for freedom of religion and, in this regard, to consult fully with religious leaders and other parties concerned when considering any new legislation on religious activities, to remove obstacles to the granting of permission for the construction
of religious buildings, as well as to respect their sanctity and to resolve church property
issues;

(h) - To ensure full respect for the freedoms of opinion and expression, association and assembly, throughout the territory of the Sudan, as well as to implement fully existing legislation, including the appeals procedures, that safeguards human rights and democracy, in particular the Associations and Political Parties Act;

(i) - To raise the age of criminal responsibility for children in order to take into account the observations of the Committee on the Rights of the Child;

(j) - To ensure that capital punishment will not be imposed for crimes other than the most serious and will not be pronounced in disregard of the obligations assumed under the International Covenant on Civil and Political Rights and the provisions of United Nations safeguards, to implement an immediate moratorium on implementation of the death penalty, to take steps towards legal reform to abolish death penalty sentences, especially death by stoning, and to end the use of special courts that apply such penalties;

(k) - To reinforce the action undertaken to prevent and stop abductions of women and children taking place within the framework of the conflict in southern Sudan, to provide for appropriate punishment of any person not cooperating, to bring to justice the perpetrators who are not willing to cooperate, to facilitate the safe return of affected children to their families, to take further measures to eradicate the practice, in particular those cases connected with the passage of the government train through Bahr al Ghazal, and to implement the presidential decree ordering full cooperation with the Committee for the Eradication of Abduction of Women and Children and support more strongly and more effectively the work of the Committee, ensuring the appropriate funding, resources and staff for its activities;

(l) - To call for an end to impunity for human rights violations and to try perpetrators in accordance with the rule of law, as well as to strengthen the role of the Advisory Council on Human Rights to investigate all reported human rights violations, including acts of torture;

(m) - To create a legal framework facilitating the establishment of organizations in the field of human rights in order to put an end to the situation of insecurity, harassment, intimidation and prosecution that these organizations suffer at the hands of the security organs;

5 - Encourages the Government of the Sudan to continue its cooperation with the United Nations in the field of human rights, through the Special Rapporteur and the Office of the United Nations High Commissioner for Human Rights and its expert in Khartoum entrusted with the task of advising the Government on the development of national capacity to promote and protect human rights;

6 - Calls upon the international community:

(a) - To expand its support for activities, in particular those of the Committee for the Eradication of Abduction of Women and Children, aimed at improving respect for human rights and humanitarian law;

(b) - To consider how to expand the Office of the High Commissioner for Human Rights to include a monitoring role aimed at improving respect for human rights and humanitarian law;

7 - Decides:
(a) - To extend the mandate of the Special Rapporteur on the situation of human rights in the Sudan for a further year and requests the Special Rapporteur to submit an interim report to 
the General Assembly at its fifty-seventh session and to report to the Commission at its fifty?ninth session on the situation of human rights in the Sudan and to continue to keep a gender perspective in mind in the reporting process;

(b) - To request the Secretary-General to continue to give all necessary assistance to the Special Rapporteur to enable him to discharge his mandate fully.
*******

The result of the vote was as follows: 
In favour: Argentina, Austria, Belgium, Brazil, Canada, Chile, Costa Rica, Croatia, Czech Republic, Ecuador, France, Germany, Guatemala, Italy, Japan, Mexico, Peru, Poland, Portugal, Republic of Korea, Spain, Sweden, Uganda, United Kingdom of Great Britain and Northern Ireland, Uruguay, 
Against : Algeria, Bahrain, Burundi, Cameroon, China, Cuba, ,Democratic Republic of the Congo, India, Indonesia, Kenya, Libyan Arab Jamahiriya, Malaysia, Nigeria, Pakistan, Russian Federation, Saudi Arabia, Senegal, Sierra Leone, Sudan, Swaziland, Syrian Arab Republic, Togo, Viet Nam, Zambia. 
Abstentions: Armenia, South Africa, Thailand, Venezuela, 
 

Statement by Mr. Gerhart Baum, Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Sudan

Mr. Chairman, 
Excellencies, 
Distinguished members of the Commission,
Ladies and Gentlemen,

I have the honour for the second time to address this august body to present my report, which is mainly based on visits to the Sudan and Kenya in October 2001 and March 2002, in Washington and New York in November 2001 and in Cairo in February 2002. A detailed list of the consultations held is reflected in the annex attached to the written text of my presentation. 
I wish to hereby thank the Government of the Sudan for its frank and open cooperation, the Egyptian authorities, the Office of the United Nations High Commissioner for Human Rights as well as the Office of the Resident Coordinator in Khartoum, UNDP and UNHCR in Cairo, and OCHA in Nairobi for contributing to a successful visit.
In view of the linkages between the human rights situation on the one hand and the political developments, including the peace talks, on the other, I took the opportunity during my visits to hold extensive consultations about the future perspectives which seem likely to open up for the country and their implications for the overall human rights situation. In my view, the most important element emerging from the above-mentioned discussions is the need to create a conducive environment for a sustainable peace, by focussing not only on the symptoms, but mainly on the root causes of the on-going conflict.
The recent involvement of the United States - which I advocated for in my previous reports - has marked a progress. The four points characterising the US initiative - namely: the cease-fire agreement for the Nuba Mountains; the days of tranquillity to allow for the eradication of a number of diseases; the issue of slavery, abductions and forced servitude and the recently agreed point regarding aerial bombardment and the creation of an internationally-supported monitoring mechanism, if implemented, will no doubt lead to an improvement in the overall human rights and humanitarian situation.
Nonetheless, human rights abuses linked to the on-going conflict are just one aspect of the problem. Another one is represented by those human rights violations, which do not fall directly within the framework of the conflict. In general, therefore, I believe that the overall human rights situation remains a matter of concern and in this connection, I wish to refer to information reflected in my report (E/CN.4/2002/46) as well as in the present text.
During my last visit, I noted with appreciation that a number of conditions have been set which may be conducive for an improvement of the human rights situation in the Sudan. I remain interested to follow the situation on the ground to see how it develops in the long run. 
These new elements mainly focus on the building up and/or strengthening of institutions and training activities. In this connection, I wish to refer to the new CEAWC structure, the on-going discussions relating to the creation of a national human rights institution; the training activities organised by the Office of the High Commissioner for Human Rights within its technical co-operation program and, in rebel-held southern Sudan, the initial steps taken towards the strengthening of the civil society. 
While it is much too early to evaluate the real impact of such new initiatives on the overall human rights situation, decisive will be the follow-up action taken on these initiatives and their measurable impact on the ground, in the short-, medium- and long-run. The link between the strengthening of the civil society, transition to democracy and a sustainable peace should also be kept into account. 
Following my October 2001 visit, I had concluded that the human rights situation had not improved. After my last visit, in spite of the fact that some conditions have been created which may open the way for encouraging developments, I believe that the human rights situation has not yet changed and no tangible improvement can yet be appreciated. I therefore recommend that the situation of human rights in the Sudan remain under scrutiny, with a view to following relevant developments on the ground as follow-up to the many commitments made. 

I. The US initiative

I wish to once again refer to the four points characterising the US-led initiative. 
Regarding the Cease-fire Agreement for the Nuba Mountains, I wish to welcome the openness of both parties to the conflict in relation to the recent talks held in Bürgenstock, Switzerland, from 13 through 19 January 2002, which led to the signing of the Nuba Mountains Cease-fire Agreement. While I welcome this encouraging development, I strongly condemn the helicopter gunship attack which took place in Bieh, Upper Nile on 20 February 2002, which caused the death of 24 civilians, mostly women and children, and which led to a stall in the implementation of the peace initiative brokered by US Presidential Envoy Danforth. In this connection, I wish to support the joint statement made by the UN Emergency Relief Coordinator Kenzo Oshima, WFP Executive Director Catherine Bertini and UNICEF Director Carol Bellamy in relation to the Bieh incident as part of "an alarming pattern of attacks by the Sudanese Government and associated militias against civilians at or near food distribution points and looting of humanitarian facilities" . In this connection, I also wish to condemn the SPLM/A's continued use of civilian installations for military purposes, which points to the Movement’s share of responsibility in such incidents. I hope that the recently agreed monitoring of aerial bombardment incidents will effectively address the plight of civilians by contributing to ensure their protection.
Regarding the issue of "Slavery, Abductions and Forced Servitude", during my last visit, I was informed that, in an attempt to strengthen the Committee for the Eradication of Abductions of Women and Children (CEAWC), the President of the Republic moved it directly under his supervision while providing it with full-time chairmanship and appropriate resources. While I hope that, with its new methodology of work characterized by a more participatory approach, CEAWC will be able to accomplish its mandate in the one-year timeframe set to deliver concrete results, I regret to note that I continued to receive cases of new raids followed by abductions, an issue which remains closely - although not exclusively - linked to the on-going war. I therefore welcome the US initiative aimed at monitoring the situation on the ground through the deployment of a technical team to support two field visits to be undertaken by monitoring commissioners. I believe that, if this initiative could lead to a permanent monitoring in Bahr al-Ghazal, it would be a major achievement on this heinous practice which, as of yet, is still going on. 
Finally, I welcome the agreement reached on the days of tranquillity to allow for the eradication of a number of diseases including polio, Guinea Worm and Rinderpest.

II. The civil society

In general, political opposition parties, politically active students, and representatives of independent newspapers or human rights NGOs still have limited possibilities to develop freely by holding and exchanging opinions and information and have continued to be subjected to different forms of harassment. People remain subject to arbitrary interpretation and application of laws. While I noticed a decrease in the number of individual cases of arbitrary detention and torture, I was informed that reporting - whereby an individual is summoned by the security daily, occasionally for long periods of time - continues to take place and that individuals are sometimes subjected to more subtle, psychological forms of torture. I remain particularly concerned at the resumption of amputations. In this connection, I was informed that most of the recent cases occurred in Darfur where banditry and lawlessness are widespread. I had the opportunity to discuss the establishment of the Special Court at el-Fashir with the Ministry of Justice and I received an invitation to visit Darfur from the State Minister for Foreign Affairs.
I was informed that students who are involved in human rights and/or political activities as well as political opposition party members - particularly from the Democratic Unionist Party (DUP) and Popular National Congress (PNC) - have continued to be harassed. Two representatives of the National Democratic Alliance (NDA) were not allowed to attend the NDA Leadership Council meeting held in Asmara at the end of February. PNC leader Hassan al-Turabi has continued to remain detained and his defence lawyers hassled, with the judiciary being unable to play a decisive role.
I also received consistent reports on the recent elections of the Bar Association, which concur in pointing out that the procedures followed were neither free nor fair. I am particularly concerned at the role played by the Constitutional Court in this respect and the apparent lack of independence shown by the judiciary.

III. Role of police and security officers

The state of emergency has remained in force since December 1999, thus allowing for the possibility to resort to largely flexible security measures, particularly when it comes to interpretation and arbitrary implementation of such measures. 
The amendment to the National Security Forces Act, which virtually allows for incommunicado detention for periods of six up to nine months, remains in place.
During my mission, I was briefed about the recent amendments introduced on 22 January 2002 by presidential provisional order to the Criminal Procedure Act of 1991, which strengthen the powers of law enforcement agents in matters relating to - inter alia - investigation, arrest, interrogation and detention, without judicial review. NGOs expressed concerns at the risk that such an amendment may give police officers a power comparable with the one enjoyed by security officers. While I noted that the decree has not yet been discussed by the National Assembly, I remain concerned at its potential implications which need to be monitored, particularly as impunity is an issue that has not yet been tackled in a satisfactory manner.

IV. Freedom of the press

While freedom of the press has temporarily benefited from the lifting of censorship in late November 2001, some more independent newspapers have continued to be targeted. Measures have been imposed in the form of high fines, which seem to aim at economically strangling the newspaper concerned, thus threatening its survival.
I was also informed of cases of temporary imprisonment of journalists and denial of visas.

V. Freedom of religion and belief

Regarding freedom of religion and belief, I believe that although there is no religious persecution per se in the Sudan, serious concerns and cases of discrimination against Christians, i.e. denial of visas, permissions to build new churches and equal participation in the educational system, have continued to be reported. In addition, the status of the Churches is not legally secured. In my discussions with relevant counterparts, I noted a certain degree of mutual distrust, which does not help the inter-religious dialogue to move forward.
I was informed however, that the Government has approached the Churches with a view to consulting with them on the appointment of representatives for the Consultative Council for Christians. I will continue to monitor any concrete follow-up on this issue as well as other relevant commitments made to the European Union in this respect, which are reflected in my report (E/CN.4/2002/46). 

VI. Human rights and humanitarian law

Regarding human rights and humanitarian law in the context of the conflict, all information received point to the situation in Upper Nile as a major source of concern, partly as a consequence of the cease-fire in the Nuba Mountains which led both the Government and the SPLM/A to re-deploy their troops in the oil-rich region, thus contributing to an intensification of hostilities. 
In addition to reports focusing on the situation in Western Upper Nile, I was also informed that 21 villages have reportedly been burnt down by Government-allied militias on 11 February 2002 in Melud, Adariel area, Northern Upper Nile, in the vicinity of the Chinese concession. 
Allied militias from both sides continued to cause widespread insecurity, making no difference between military and civilian targets and often resorting to recruitment of child soldiers. Their actions continued to go unaccounted for and served both parties’ purpose to avoid exposing their troops while maintaining confusion regarding the situation on the ground, an element of instability, which disturbs relief services provided by international and local organizations. Access for humanitarian aid has continued to be difficult and flight clearances remain at times confusing, thus allowing for mishaps to take place. The number of denied locations has reportedly increased with up to 45 destinations denied in Upper Nile at the beginning of this month, by the Government. On the other hand, I continued to receive reports of forced recruitment and food-aid diversion, involving the SPLM/A and the SPDF. As a result, the plight of civilians remains of serious concern and displacement has continued unabated. 
The intensification of fighting in Western Upper Nile has led some sources to confirm reports received referring to scorched earth tactics aiming at creating a buffer zone in the oil-producing areas. Access remains difficult and detailed information is therefore scarce. International organizations highlighted their humanitarian concerns together with the underlying issue of protection of civilians and strongly advocated for a temporary ceasefire and cessation of hostilities in the area. Also, in view of the lack of documentation agreed upon by both parties and in order to respond to Sudanese officials’ claims whereby reports issued so far lack a balanced perspective since they are only based on the analysis of data coming from SPLM-held areas, I welcome the recent agreement reached on the aerial bombardment and humanitarian targets and the creation of a monitoring mechanism.

The situation of women 

In keeping with relevant Commission on Human Rights resolutions (1996/73; 1997/59; 1998/67; 1999/15; 2000/27; 2001/18), whereby the Commission on Human Rights stressed the importance of the Special Rapporteur continuing to apply gender
perspective systematically in the reporting process, including information collection
and recommendations, during my visits to the Sudan, I paid particular attention to the situation of women, including in the framework of the conflict. Accordingly, I have reported on the issue of abduction of women and children, legislation affecting women, the situation of southern Sudanese women as internally displaced and their resorting to alcohol brewing which is a crime under Shari'a law.
I have also been informed of the widely spread practice of Female Genital Mutilation (FGM) and of the work which has been done by both international and local organisations, to which goes my unconditional support.
As I mentioned in my previous reports, since my appointment, I have been urging the Government to continue discussions and awareness-raising with a view to acceding the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

VIII. The SPLM/A-controlled territories

As regards the SPLM/A-controlled territories, while it remains extremely difficult to access and receive information, particularly on individual cases, with a view to monitoring the situation, I continued to receive some elements whereby those areas continue to be administered by the military in spite of some slow developments in the building up of civil society structures. High-level officials continue to refer to each other as "commanders", which indicates and confirms their military mindedness. There seems to be a certain reluctance to speed up the creation of a conducive environment for a civil administration to be put in place.
Elections, which have been repeatedly announced and postponed, have not yet taken place. I was informed that they would be further postponed due to the recent merger between the SPLM/A and the SPDF. It remains to be seen whether they will take place and to what extent they will have an impact on the political dynamic of the SPLM/A-held areas, which so far has remained virtually absent.
In connection with human rights violations committed by the SPLM/A in the framework of the conflict, I was informed that displaced women moving from Raja to Tambora in western Bahr al-Ghazal, are systematically raped by SPLM/A soldiers. Following an investigation conducted by two UN staff, local commanders promised that the situation would change. However, abuses continued to be perpetrated. I was informed of the case of a 16-year old school girl who was raped at gun-point. In addition, impunity seems to remain the rule and there seems to be no serious attempt to avoid it when it comes to soldiers.
I was also informed of an incident occurred in February 2002 involving a local chief in Raja, entering into a trade agreement with SPLM/A soldiers. As a result of the fact that the agreement did not work, the chief was beaten to death by some SPLM/A soldiers. The SPLM/A commanders seized with this issue dealt with it through a Marshall Court, which sentenced to death 3 of the 5 soldiers involved. The 3 soldiers were subsequently executed. 
In this connection, I also wish to refer to the situation in Eastern Equatoria, which contrary to information I had received in October last year, and in spite of the hopes raised by the New Sudan Council of Churches (NSCC), has not evolved significantly. Clashes between Dinka and Didinga have continued to occur periodically and Didinga - who are ruled by an SPLM/A commander - reportedly still feel under military occupation.
On a more positive note, I was informed that the UNICEF program of demobilization of child soldiers is proceeding but there is a need for training and awareness-raising to prevent further recruitment to take place. While UNICEF has so far tried - and to a certain extent managed - to remove excuses for SPLM/A’s inaction, the SPLM/A needs now to assume its responsibilities on this issue and make it a community-owned process. International monitoring remains essential at this stage, for a responsible handling of the program. 

International conventions

In this connection, I wish to once again encourage the Government to continue discussions with a view to acceding to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as well as ratifying the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which the Government promised to do last year, on the occasion of my first visit.
Regarding the status of reporting obligations, I noted that the Government has presented all the reports due under the Convention on the Rights of the Child, the International Covenant on Economic, Social and Cultural Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination. I also noted that the third periodic report under the International Covenant on Civil and Political Rights was due on 7 November 2001 and that it is scheduled to be discussed at the July 2002 session of the Human Rights Committee.

The oil issue within the context of the right to development

As I stated in my previous reports, and as reported by different sources, oil is indeed exacerbating the conflict, insofar as the war in the Sudan is the result of a fight for the control of power and resources. The Government of the Sudan has often made reference to its right to development. It is against this background that I wish to focus on the oil issue in connection with the right to development, and more specifically the use of oil revenues and the need to develop a wealth-sharing arrangement with the South. 
In particular, I wish to recall the United Nations Declaration on the Right to Development, to reiterate that "development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom". In this connection, I wish to stress more specifically the plight of the people living around the oilfields. 
In this connection, I wish to welcome the proposal to create a special fund for the reconstruction of southern Sudan, which will be discussed at the League of Arab States meeting to be held in Beirut, Lebanon, at the end of this month.
Finally, I wish to recall paragraph 11 of res. 2001/9, whereby the Commission on Human Rights "Stresses the necessity of establishing, at the national level, an enabling legal, political, economic and social environment for the realization of the right to development and emphasizes the importance of democratic, participatory, transparent and accountable governance as well as the need for efficient national mechanisms such as national human rights commissions, to ensure respect for civil, economic, cultural, political and social rights without any distinction". I therefore wish to reiterate my recommendation that development aid be closely linked to tangible progress in the field of human rights.

The role of the United Nations

Regarding the role of the United Nations in the Sudan, and in connection with my recommendations on the need to support the civil society in the Sudan, I would like to hereby express my appreciation for the technical co-operation activities carried out recently by the Office of the High Commissioner for Human Rights in Khartoum, which aim at building and/or strengthening national capacities in the field of human rights through the provision of training on the promotion and protection of human rights. I believe that OHCHR should commit more resources and staff to implementing technical co-operation activities in the Sudan that enhance the capacity of the Government and civil society organisations to further the promotion and protection of international human rights norms. While I appreciate the opening of the authorities in Khartoum in implementing the first phase of co-operation with the Office of the High Commissioner for Human Rights, I wish to encourage the Government to be more pro-active and take the initiative in follow-up activities, which may usefully complement the training provided so far. Activities should also include human rights awareness-raising, by disseminating international instruments including relevant concluding observations prepared by the Treaty Bodies on the periodic reports prepared by the Government in implementation of its reporting obligations for the Treaties that it has signed and ratified.
In conclusion, Mr. Chairman, I also wish to refer to the role of the United Nations in such a potentially disruptive situation as the Sudanese conflict, because I believe that any initiative - be it in the field of human rights, or within the framework of the peace process - should find its place in the context of a wider political initiative. While I had the opportunity to appreciate the difficult task of the humanitarian team, I noted that the political dimension is missing but very much called for. I am convinced that relief aid and technical co-operation, including in the field of human rights, should be part of a wider political strategy in the context of conflict resolution. I therefore believe that a strong political involvement by the Secretary-General of the United Nations is urgently needed to support the peace process, for the neutrality and objectivity that characterize its action as opposed to single Government’s initiatives and for its potential to bring on board the whole international community in an effective and successful way.

Conclusions and recommendations

I had the opportunity to visit Sudan twice at a very interesting time, characterized by a potential breakthrough in the peace negotiations and a progressive change in the international context, linked inter alia to a deeper involvement of the United States and other countries such as Egypt and Kenya. While I am aware that the post-11 September poses a concrete risk of abuses under the cover of combating terrorism, I am also cautiously optimistic about the window of opportunity that may derive from such a new setting. I believe that a long-term, comprehensive, unified approach is the only way for any peace initiative to succeed. In this connection, I welcome the Nuba Mountains Cease-fire Agreement which, besides its humanitarian implications, includes aspects relating to rehabilitation and reconstruction and I appeal to the Government to create conducive conditions to allow for international monitoring in the most critical zones and guarantee free and unhindered access to international and domestic organizations.
At the same time, however, I remain convinced that, in order to achieve a sustainable and just peace, it is paramount to focus not only on the symptoms but also on the root-causes of the conflict and that therefore a political follow-up is needed. It is therefore key that all relevant actors - including the civil society - be included in the process and that peace negotiations go hand in hand with a process of confidence-building and democratisation, at the heart of which human rights must find their place. The momentum must be preserved.
The civil society is gradually playing a more active role. I was pleased to learn that, following the training for NGOs organised by the OHCHR, local NGOs - which were gathered together for the first time - created a networking steering committee to better co-ordinate their activities. In addition, different segments of the civil society, including intellectuals, politicians and trade unionists, came together to discuss the creation of a national commission for human rights. I was also informed that open discussions took place in the presence of some Government officials. I wish to hereby welcome this development and encourage any interested part to contribute to the discussions in a constructive way.
It is against this background that I hereby wish to reiterate my appeal to the international community to speak with one voice and to donors to invest not only in relief activities but also in the support and strengthening of civil society structures, including independence of the judiciary, respect for the rule of law, good governance and respect for other basic human rights and fundamental freedoms, both in the north and in the south of the country. Assistance should be seen in the context of creating the conditions for sustainable peace.

Annex

Mission to the Sudan and Kenya - October 2001 In Khartoum, I met with government officials, representatives of political opposition parties, elements of the civil society, including domestic NGOs, the press and the Churches. I also met with staff of United Nations Agencies, representatives of the diplomatic community and the donors as well as international NGOs. In addition, I visited two IDPs camps in the vicinity of Khartoum. 
Further to an invitation received by the Government of the Sudan, I travelled to oil-rich Unity State and visited Bentiu, Rubkona and the Dinka village of Paryang. 
Following some meetings in Nairobi, with representatives of the SPLM/A, Sudanese organizations and civil society, UN OLS and non-OLS staff, some key donors and diplomatic representatives, I visited Rumbek, in rebel-held southern Sudan, where I held meetings with SPLM/A and SRRA representatives, some judges, international NGOs and UNICEF staff who briefed me about the on-going program of de-mobilization of child soldiers.
A detailed list of the personalities met during my October 2001 visit is reflected in an Annex to my report (E/CN.4/2002/46)

Mission to Washington and New York - November 2001
I travelled to Washington and New York in November 2001, to present my interim report to the General Assembly and to hold consultations with US Government officials and NGOs, including Human Rights Watch, the Maryknoll Office for Global Concerns, the Washington Office on Africa, Amnesty International, the U.S. Conference of Catholic Bishops, Catholic Relief Services, the Canadian Ecumenical Justice Initiatives, the Society of Missionaries of Africa, Africa Faith and Justice Network, the U.S. Holocaust Memorial Museum, the International Rescue Committee, the National Endowment for Democracy, the RFK Center for Human Rights, the Carter Center. 
While in New York, I held consultations with United Nations senior officials, including - in chronological order - Mr. Lamin Sise, Director for Political, Peace-keeping and Humanitarian Affairs (Executive Office of the Secretary-General, EOSG), Mr. Kenzo Oshima, Emergency Relief Co-ordinator (Office for the Co-ordination of Humanitarian Affairs, OCHA), Mr. Iqbal Riza, Chef de Cabinet (Executive Office of the Secretary-General, EOSG), Sir Kieran Prendergast, Under Secretary-General (Department of Political Affairs, DPA) and relevant UNICEF staff. I also met with the President of the Security Council (Jamaica).

Mission to Egypt, the Sudan and Kenya - February-March 2002
Following the submission of my report in December 2001, I undertook my third mission to the Sudan, since my appointment in December 2000. From 26 through 28 February, I visited Cairo, where I met with some Egyptian authorities, including representatives from the Ministry for Foreign Affairs and Presidential Advisor, Mr. Osama el-Baz. I also met the Secretary-General of the League of Arab States, Mr. Amr Musa as well as members of Sudanese opposition parties (Sudanese Democratic Unionist Party, DUP; Union of Sudanese African Parties, USAP), NGOs (Sudanese Victims of Torture Group, SVTG) and representatives of the Massaliet minority, who briefed me about the situation in the western State of Darfur. 
From 1 through 5 March I visited Khartoum, where I met with the First Vice-President, the Presidential Advisor on peace, the Minister of Justice, Defence, Energy and Mining, Information and Communication, Guidance and Endowment, the State Minister for Foreign Affairs and the Head of the Human Rights Committee at the National Assembly, as well as the Rapporteur of the Advisory Council for Human Rights. I also met with different segments of the civil society, including representatives of political opposition, domestic NGOs, the press, the Churches and I had the opportunity to meet the three target groups of the OHCHR technical cooperation program, notably local NGOs, security, police officers and government officials who had attended training sessions on, respectively, the role of Sudanese NGOs in the promotion and protection of human rights (held from 11 through 17 February 2002), the role of the Sudanese regular forces in the promotion and protection of human rights (held from 13 through 19 January 2002) and the reporting obligations under international human rights treaty bodies (held from 26 through 31 January 2002). I also held consultations with the UN Resident Co-ordinator and Heads of UN Agencies, representatives of the donors, diplomatic and consular missions, international NGOs. 
In Nairobi, I met with representatives of the Sudan People’s Democratic Front/Sudan People's Defence Forces (SPDF), UN OLS and non-OLS organizations, representatives of some key donor countries as well as the Kenyan Presidential Envoy for IGAD, Mr. Lazaro Sumbeiywo.
 

Geneva, March 18, 2002

Human Rights Watch today expressed disappointment that Mary Robinson would not continue as the United Nations High Commissioner for Human Rights, and pointed a finger at the United States for opposing her renomination for a full second term.

“Mary Robinson paid a price for her willingness to stand up to powerful governments that violate human rights,” said Reed Brody, Advocacy Director of Human Rights Watch. “She has set a standard of candor and strength for future High Commissioners, and we are sad to lose her as an ally.”

Ms. Robinson announced today in Geneva that this would be her last session of the U.N. Commission on Human Rights, which opened its annual six-week meeting today. Although she made no mention of the U.S. campaign against her, it is widely known that officials in Washington had pressed U.N. Secretary-General Kofi Annan not to ask her to serve out the last three years of her second term.

The United States made no secret of its displeasure with Ms. Robinson after the World Conference Against Racism last summer in Durban. The U.S. delegation walked out of the conference, saying the proceedings had been hijacked by anti-Zionist extremists.

More recently, Ms. Robinson has expressed concern about the status of Afghan war detainees that the U.S. government is holding at Guantanamo Bay, Cuba, and about civilian casualties from the U.S. airstrikes in Afghanistan.

Ms. Robinson has also publicly confronted other permanent members of the U.N. Security Council, such as Russia for atrocities in Chechnya, and China.

Human Rights Watch said any candidate for the High Commissioner’s post should possess a number of qualities, including:

--a solid background in human rights, including direct, practical experience of human rights monitoring and field operations;

--the personal integrity, standing, and capacity necessary to demonstrate moral leadership, and the strength of purpose and willingness to confront gross human rights abusers publicly when necessary; and

--an established reputation in the international community as a leader of stature, commensurate with the importance of human rights in the U.N. charter.

Human Rights Watch said U.N. Secretary-General Kofi Annan should consider candidates who would serve as High Commissioner as the pinnacle of their career, not as a stepping stone to higher posts. Candidates with lofty further ambitions might be tempted to avoid offending powerful governments, Human Rights Watch said.

“The burden is now on Kofi Annan to show that he will not cave in to governments that want to weaken the voice for human rights,” said Brody. “He needs to appoint someone with the same integrity and moral leadership as Mary Robinson.”

Report of the Special Rapporteur, Gerhart Baum, submitted in accordance with
Commission resolution 2001/18

Situation of human rights in the Sudan

CONTENTS
                                                                                                                         Paragraphs 
Executive summary 
I. INTRODUCTION .                                                                                           1 - 7
II. POLITICAL CONTEXT IN WHICH THE MISSION TO
THE SUDAN TOOK PLACE                                                                               8 - 14
III. MAIN ISSUES ADDRESSED DURING THE MISSION                             15 - 78
A. Transition to democracy                                                                                   15 - 32
B. Selected individual human rights cases                                                               33 - 40
C. Respect for human rights and humanitarian law in the conflict                              41 - 64
D. Women’s rights                                                                                                 65 - 67
E. Rights of the child                                                                                              68 - 70
F. Situation in SPLM/A-occupied territories                                                             71-78
IV. CONCLUSIONS AND RECOMMENDATIONS .                                       79 - 95
ANNEX: Programme of activities of the mission to the Sudan .

Executive summary

The report of the Special Rapporteur focuses on his last visit to the Sudan which took place from 2-14 October 2001. The visit included Khartoum, Bentiu, Rubkona and Paryang (Unity State), Rumbek (southern Sudan) as well as Nairobi and Lokichokio (Kenya). 

The international context in which the mission took place was marked by the lifting of United Nations sanctions, the appointment of Senator John Danforth as United States Presidential Envoy for Peace and his first visit to the Sudan; and the European Union (EU) troika mission to the Sudan (7-9 December 2001). 

Peace discussions, including the initiative brokered by the Inter-Governmental Authority on Development (IGAD), the joint initiative by the Governments of Egypt and the Libyan Arab Jamahiriya (Egyptian-Libyan initiative) and the Nigerian facilitation, did not make any significant progress. 

The Special Rapporteur welcomes Senator Danforth’s mission to the Sudan and hopes that, by setting pragmatic benchmarks, it will contribute to create a conducive environment to improve conditions for peace-building. 

According to the Special Rapporteur, the overall human rights situation has not improved and serious concern was repeatedly expressed about the amendment to the National Security Forces Act and the role of security agents. Cases of suppression of political freedoms particularly targeting journalists as well as human rights activists were also reported. 

As for the humanitarian situation, denial of access continued to be used as a military strategy by both the Government and the Sudan People’s Liberation Movement/Army (SPLM/A), particularly in areas where the population is more needy. The plight of internally displaced persons remains extremely serious. Overall, the situation has worsened, with more denials of access, more conditions imposed on humanitarian assistance and more confusion about who is in control. Bombing incidents also continued. 

In order to make an assessment of the impact of oil exploitation on the situation of human rights, the Special Rapporteur visited the oil area and interviewed IDPs coming from Upper Nile in Khartoum and in southern Sudan. He noted that oil exploitation continued to cause widespread displacement and access to the area remains extremely difficult since access to most of the airstrips is denied, which also results in lack of human rights monitoring in the region. Also, he remains concerned at the lack of transparency concerning the use of oil revenues. 

Abductions in Bahr al-Ghazal continued, though in decreasing numbers since March 2001. Progress made in the last months by the Committee for the Eradication of Abductions of Women and Children (CEAWC) continued to be too slow. There continues to be a need for a massive advocacy campaign. 

Regarding the situation in the SPLM/A-held areas, the Special Rapporteur believes that the extreme weakness of the civil society in southern Sudan and the need to strengthen it remain the major issues in Southern Sudan. 

In his conclusions and recommendations, the Special Rapporteur addressed both the Government and the SPLM/A, highlighting the following aspects:

(a) Normalization and transition from emergency to democracy should become a matter of urgency for the Government;

(b) As for violations of human rights and humanitarian law within the conflict, the Special Rapporteur regrets that military developments - for which both parties to the conflict are responsible - continued to impact adversely the human rights situation of the civilian population; the Special Rapporteur reiterates his appeal to the Government for a halt to the bombing of civilian targets. While as an urgent humanitarian measure, unhindered access should be granted to all needy areas, at the political level more serious efforts should be put in place to promote peace and establish democratic structures which are a condition for a lasting peace. Human rights must be an integral part of the peace agenda;

(c) The Special Rapporteur equally condemns SPLM/A practices such as the use of civilian installations for military purposes and the setting up of military installations in close proximity to civilian ones;

(d) The SPLM should develop genuine democratic structures, which is a crucial condition for the implementation of the right to self-determination. While encouraging donor support, the Special Rapporteur believes that the SPLM/A should bear more responsibility for addressing the needs of the people living in areas under its control, particularly where it continues to be seen as an occupying army and where peace has been established. 

Finally, the Special Rapporteur appealed to donors to continue to invest in peace in the Sudan and see the phases of peace, reconstruction and development in a more integrated manner.

As for the oil issue, the Special Rapporteur, while recognizing that oil exploitation has become increasingly important for the economic development of the country, reiterates his strong belief that the right to development cannot justify the disregard of other human rights. The Special Rapporteur believes that oil exploitation is closely linked to the conflict which, although it contains a religious component, is mainly a war for the control of resources and, thus, power. Bearing in mind the adverse impact of oil exploitation on the human rights situation, he therefore remains convinced that the monitoring of the human rights situation in the oilfields, as well as considering the human rights-related social and economic implications deriving from oil exploitation, including the use of oil revenues, are part and parcel of his mandate as Special Rapporteur on the situation of human rights in the Sudan, which includes both civil and political rights as well as social, economic and cultural rights. He believes that, in the context of the Sudan’s right to development, the Government should create an environment conducive to the granting of development assistance. In addition, he also remains of the view that any solution will have to be based on a wide consensus among all affected parties.

Regarding the programme of technical cooperation of the Office of the High Commissioner for Human Rights, the Special Rapporteur noted the ongoing discussions and will follow any new developments in this field.

I. INTRODUCTION

1. Following his first mission to the Sudan and Kenya in March 2001 and the presentation of his oral report to the Commission on Human Rights at its fifty-seventh session, the Special Rapporteur travelled to London in June 2001, to the Sudan and Kenya in October 2001 and to Washington and New York in November 2001. While in London, on 26 and 27 June he met with several international and Sudanese London-based non-governmental organizations as well as the Archbishop of Canterbury to discuss the situation of human rights in the Sudan. 

2. From 2-14 October, the Special Rapporteur travelled to the Sudan and Kenya. He visited Khartoum, Bentiu, Rubkona and Paryang in oil-rich Unity State. He then travelled to Kenya where he visited Nairobi and Lokichokio on his way to southern Sudan, where he visited Rumbek.

3. The Special Rapporteur acknowledges the very good cooperation he received from the Government of the Sudan throughout his visit. Particular thanks go to the Vice-President, Ali Osman Mohammed Taha, the ministers met and the Rapporteur of the Advisory Council for Human Rights, as well as to the Office of the United Nations Resident Coordinator in Khartoum, the Office of the High Commissioner for Human Rights, UNICEF, the Office for the Coordination of Humanitarian Affairs, Operation Lifeline Sudan (OLS), and all those who contributed to a successful visit.

4. From 1-9 November, the Special Rapporteur visited Washington and New York where he met with officials of the United States Government, members of the United States Congress, members of the team of the new Presidential Envoy for Peace, John Danforth, United Nations officials, international NGOs, representatives of Churches, and several government representatives, including of the European Union.

5. On 8 November he presented his interim report (A/56/336) to the fifty-sixth session of the General Assembly.

6. The present report includes the findings of the mission as well as an updating of the overall situation based on information collected since then.

7. The Special Rapporteur plans to conduct his third visit to the country in February/March 2002. His findings will be reflected in his oral presentation to the Commission on Human Rights and will be the basis of his next interim report to the General Assembly at its fifty-seventh session.

II. POLITICAL CONTEXT IN WHICH THE MISSION TO
THE SUDAN TOOK PLACE

8. The initiative brokered by the Inter-Governmental Authority on Development (IGAD) continued to fail to bring the parties together in a serious attempt to discuss peace in the Sudan. Despite the appointment of a new IGAD Special Envoy, General Lazarus Sumbeiywo, an IGAD meeting that had been scheduled for 20 November was postponed. The Special Rapporteur is therefore looking forward to the outcome of the next IGAD meeting scheduled to take place from 7 to 11 January 2002 in Khartoum.

9. The joint initiative by the Governments of Egypt and the Libyan Arab Jamahiriya (Egyptian-Libyan Initiative) continued to be rejected by most southern Sudanese, who see it as partial and lacking credibility, mostly because of its failure to include the right to self-determination for southern Sudan. A further difficulty seems to derive from the lack of a secretariat.

10. The Nigerian facilitation did not mark any breakthrough either. The Abuja Conference, scheduled for 15-17 November, was postponed indefinitely.

11. On 28 September, the United Nations Security Council lifted sanctions against the Sudan, which had been imposed in 1995.

12. The appointment of Senator Danforth as United States Presidential Envoy for Peace and the recent United States policy review, particularly following the events of 11 September, may have an impact on the situation of human rights in the Sudan. On 12 November, Senator Danforth, started his four-day mission to Khartoum. The first outcome of the visit was the setting-up of the following confidence-building measures: continuous access to the Nuba Mountains for relief purposes; specified periods of tranquillity for humanitarian projects to take place; a cessation of bombing and other military attacks on the civilian population of southern Sudan; and an end to abductions of women and children. The Special Rapporteur, while welcoming the United States initiative, highlights the importance of setting specific benchmarks for those human rights which are not directly linked to the conflict. The Special Rapporteur also hopes that Senator Danforth’s forthcoming mission to the Sudan will be successful.

13. Finally, following the European Union (EU) troika mission to the Sudan (7-9 December 2001), which marked the completion of the second year of the critical dialogue between the EU and the Government of the Sudan, “the parties agreed on the need for the continuation and intensification of this dialogue for a further year, allowing for regular joint assessments of concrete and verifiable progress achieved with respect to democracy and to human rights. The progress made in the peace process will also be assessed as a matter of high priority”.1

14. In this connection, the Special Rapporteur noted the commitments made by the Government of the Sudan in several areas, including in the area of human rights and with regard to the peace process. He will continue to follow with interest any relevant developments relating to the Government’s concrete follow-up action on the above-mentioned benchmarks.
 

III. MAIN ISSUES ADDRESSED DURING THE MISSION

A. Transition to democracy

15. In his interim report, the Special Rapporteur acknowledged the progress made by the Sudanese Government in the transition to democracy until the end of the year 2000 and stated that the Sudan had started along a path which could only be considered positive, especially in comparison with other States, including those in the region. He also noted, however, that the trend had been discontinued as from December 2000.

16. Since the presentation of the interim report, despite the reconvening of the National Assembly in April 2001, the Special Rapporteur continued to receive information to the effect that the overall situation of human rights in the Sudan has not improved. In addition, no institutional or legal reform, in particular relating to the extension of the powers of the security organs and the absence of judicial control over them, has occurred.

17. Although the authorities continued to claim that the emergency declaration has not affected the Bill of Rights, the Special Rapporteur repeatedly addressed the issue of the extension of the state of emergency, declared by President al-Bashir on 12 December 1999, 2 until the end of 2001.

18. During his stay in Khartoum, the Special Rapporteur met with representatives of the traditional northern opposition parties, namely the Umma Party, the Democratic Unionist Party (DUP) and the Communist Party, as well as representatives of the Popular National Congress (PNC). While some individuals were able to contact the Special Rapporteur to discuss specific issues relating to alleged human rights violations, others, including representatives of political opposition parties, were only able to talk to him after overcoming difficulties caused by security agents.

19. During the meetings held, a number of very serious concerns were expressed to the Special Rapporteur, which left him under the impression that a credibility gap still remains to be bridged by the Government. More specifically, extremely serious concern was repeatedly expressed about the role of security agents, who are invariably described as putting human rights and fundamental freedoms in jeopardy.

20. As he highlighted in paragraph 75 of his interim report, the Special Rapporteur finds it alarming that security forces continued a campaign of harassment, intimidation and persecution, targeting political opponents and human rights defenders, by means of arbitrary arrests, followed by protracted, at times incommunicado, arbitrary detention without judicial review. Practices such as reporting, whereby an individual is forced to report to the police on a regular basis, constitute an obvious form of harassment which totally disrupts the daily life of the individual concerned.

21. As for freedom of expression, the Special Rapporteur was informed that censorship had increased as of December 2000. It was reported that censorship is at times selective and discriminatory insofar as one newspaper is sometimes prevented from publishing articles that other newspapers are allowed to print. From information gathered, it would seem that the National Press Council often failed to mount a significant defence of freedom of expression. As a result of the generally held belief that no article is immune from censorship, people’s interest in newspapers has consistently decreased, to the point that most newspapers are facing financial difficulties.

22. Despite reiterated denials from official sources that censorship existed, on 28 November, Information Minister Mahdi Ibrahim met with editors-in-chief to inform them that the previous day President al-Beshir had ordered that pre-printing censorship be lifted from 12 dailies while remaining in force with respect to 4 others, namely Alwan, AlRai Al Akher, Al-Watan and The Khartoum Monitor, which would continue to be heavily censored. On 8 December, censorship was reportedly lifted from the four remaining newspapers as well. The Special Rapporteur welcomes this positive development and will continue to monitor the situation in this respect.

23. The Special Rapporteur was also informed that, due to its high cost, very few people can access the Internet regularly, thus making it an unsuitable medium for information-sharing and communication.

24. Finally, the Special Rapporteur was informed of a number of cases of suppression of political freedoms, targeting journalists as well as human rights activists. Details are provided in the relevant section of the present report.

25. Particular concern was reiterated at the plight of internally displaced persons (IDPs), particularly women and children. With a view to familiarizing himself with their conditions, the Special Rapporteur visited two IDP camps in the area around Khartoum, where he met with a number of IDPs. Some of them had been in the camp for over 10 years, while others had more recently come from oil-rich western Upper Nile. Most of them continue to be deprived of shelter, education, and access to food and medical care. Large families are left without assistance. Men are reportedly not allowed to work unless they have spent two years in the military; they are therefore left without means to provide for their families. Unqualified women can only resort to alcohol-brewing, which is a crime under Shariah law. In most cases, they are arrested and their children are left alone. School remains a luxury for most of the children, owing to the high fees. In addition, only primary schools are available in Waad al-Bashir IDP camp.

26. In this connection, the Special Rapporteur welcomes the long-awaited visit of the Special Representative of the Secretary-General on internally displaced persons, Francis Deng, to the Sudan, from 11 to 18 September, as well as the commitment of the Government to continue the efforts to address the problem of IDPs and effectively to follow-up the visit of the Special Representative, including through holding a conference on the subject of internal displacement in the near future. The Special Rapporteur will continue to monitor the follow-up to this commitment.

27. In talks with representatives of the Churches, the Special Rapporteur was informed that Christians continue to face discrimination, particularly regarding their right to freedom of movement. In particular, the Special Rapporteur was informed that all religious leaders travelling abroad have to go through a cumbersome security system, involving up to three hierarchical levels, in order to get an authorization to travel. Reportedly, the provision does not apply to Muslim leaders. Procedures to obtain visas are also particularly lengthy.

28. The Special Rapporteur was informed that the education system has a progressively increasing confessional character. Islam reportedly has a predominant role in school curricula to the point that teaching of Christianity in school is reportedly forbidden except outside the school, on Fridays. In addition, media only devote one hour per week to Christianity. Church buildings continue to be confiscated, as was the case in el-Obeid where the local church was first transformed into a museum, then into a mosque. Churches are also prevented from buying land in residential areas for religious use and buildings constructed for worship are not allowed to bear religious symbols. Reportedly, the building of mosques does not seem to be subject to the same rules.

29. In this connection, the Special Rapporteur noted that the Government made the following commitments: (a) to establish an Advisory Council for Christians; and (b) to appoint Christians to senior positions within the Ministry for Religious Affairs. The Special Rapporteur will report on any follow-up taken in this respect when he presents his report to the Commission at its fifty-eighth session.

30. The Special Rapporteur, while welcoming the President’s decision to release some political prisoners prior to his visit, namely the representatives of the National Democratic Alliance (NDA) arrested on 6 December 2000, and to drop the criminal charges against the former Speaker of the National Assembly, Hassan al-Turabi, deplores the fact that Mr. al-Turabi continues to be detained under house arrest and that members of the PNC as well as other opposition groups continue to face harassment.

31. Since his visit in March, the amendment to the National Security Forces Act, to which the Special Rapporteur had devoted particular attention, was endorsed by the National Assembly. In the course of his latest visit, the Special Rapporteur had the opportunity to discuss this development in several meetings with officials, including members of the Constitutional Court, as well as with independent jurists. The new amendment allows for detention to be prolonged for over 60 days and does not foresee any judicial review except by the Constitutional Court. In other words, there are no intermediary instances, hence no right of appeal.

32. In addition, the Special Rapporteur was disturbed to receive contradictory information regarding the role actually played by the Constitutional Court. While on one hand he was informed by one Constitutional Court judge that none of the political detainees had filed a single complaint with the Constitutional Court, a colleague of his stated that some PNC members had indeed referred their case to the Constitutional Court. Also, other relevant sources, who confirmed the latter statement, also informed the Special Rapporteur that the fees for filing applications and obtaining files are relatively high, and cases are judged in closed sessions and reportedly only one judge takes the final decision.

B. Selected individual human rights cases

33. During the final meeting with the Rapporteur of the Advisory Council for Human Rights, the Special Rapporteur transmitted a list of selected cases of allegations of human rights violations for the Government’s follow-up action. The cases included were either reflected in the interim report of the Special Rapporteur or had occurred during the Special Rapporteur’s stay in Khartoum.

34. Since his first visit to the country in March 2001, in response to information received the Special Rapporteur sent eight joint urgent appeals with the relevant special rapporteurs, mostly regarding violations of the right to freedom of expression. In the present report, he wishes to highlight the following selected cases, which were received after the submission of the interim report to the General Assembly and are presented in reverse chronological order.

35. On 22 November 2001, Sudanese authorities reportedly detained journalists after they allegedly marched to the Ministry of Information to protest a decision by censors to ban the publication of an article in the newspaper Al-Watan on corruption. Those reportedly arrested were: Sidahmed Alkhalifa, Ahmed Alhabou, Mohmaed AlNa’iam, AlFatih Mieka, Ms. Majdoleen Mohamed, Yahya Mahir, Salah Almalieh, Mustafa Abu Alazayim, Ms. Ragya Hassan, Ms. Sumaya Handosa, Isam Abass, Mustafa Mohammed Hassab Alla, Abd Algaleel Khalifa, Mohamed Abdalla Khalifa, Mohamed Abdalla alshiekh, Mujahid Abdalla, Mustafa Ahmed Ali, Alghali Salih, Waleed, Mubarak Jaboor, Bakri Suliman and Nasir Salah Aldin. It is alleged that the journalists were taken to the police station where they were forced to stand against a wall in the sun with their hands above their heads for many hours. The three women were reportedly separated from their colleagues and forced to sit in one chair for a long time.

36. Security officials had reportedly raided the offices of Al-Watan in the evening of 19 November with a view to preventing the publication of an article about the seizure of more than 2 billion Sudanese pounds (over 800,000 United States dollars) worth of expired medicines and the arrest of a number of merchants who were continuing to sell them in Omdurman. Following a press conference about 50 journalists marched peacefully through the streets, their mouths covered with pieces of cloth, to protest against censorship. Reportedly, riot police stopped them on their return and arrested the 22 journalists. Some video material was also confiscated.

37. During the night of 24 October, BBC and Reuters correspondent Alfred Taban and Nhial Bol, general manager of the independent daily The Khartoum Monitor, were reportedly arrested. Sources stressed that it was the third time since the beginning of the year that Mr. Taban had been arrested “for no reason”. He was reportedly arrested at home by plain-clothes members of the security forces. The authorities did not give any reason for these arrests.

38. Immediately after his departure from Khartoum on 9 October, the Special Rapporteur was informed of a series of operations allegedly launched by the Sudanese security authorities against several civil society organizations. The following organizations were targeted: Abdulkareem Margani Cultural Centre, Centre for Sudanese Studies, Gender Centre, Amal Centre for the Rehabilitation of Victims of Physical and Mental Trauma and Khartoum Centre for Human Rights Studies. According to the information received, the director of the Centre for Sudanese Studies, Dr. Hydar Ibrahim Ali, was summoned to security forces headquarters on 9 October. He was reportedly interrogated about the activities of the Centre, in particular a public symposium which had been held on 7 October, and was ordered to suspend all the Centre’s activities until further notice. Sources also reported that Hydar Al-halab, Director of the Abdulkareem Margani Cultural Centre, was also summoned on the same day, together with the Director of the Gender Centre. Faisal Al-bagir, a member of the staff of the Khartoum Centre for Human Rights Studies, was reportedly also summoned to security forces headquarters on 9 October and questioned about his demands that the security forces return the Centre’s equipment, which they had confiscated at the time of his arrest last June. Dr. Nagib Nagm Eldin, Director of the Amal Centre, was reportedly summoned to security forces headquarters on 10 and 11 October, where he was reportedly interrogated about the Centre’s activities by security officers, who informed him that the Centre would be under permanent surveillance for a period of two months, after which they would decide about its future. On 18 October human rights and cultural centres whose activities had been suspended or placed under surveillance were told that they could resume their activities, but that the surveillance would continue.

39. On 11 September, The Khartoum Monitor was reportedly banned for three days, on order of the National Press Council. It is reported that this order was issued because of the publication of articles in August and September judged “harmful” to relations between the North and the South of the country. The Khartoum Monitor had reportedly published statements by a personality in southern Sudan accusing the northerners of having “plundered the South”.

40. On 3 September, an evening meeting of some 10 members of the political bureau of the Democratic Unionists Party (DUP) in Khartoum North was reportedly interrupted by some 15 security agents who stormed into the room, rounded up all the participants and detained them for about four hours at what was referred to as “the security headquarters” (the Development and Housing Headquarters in Mohammed Nageeb Street). Reportedly, the detained individuals were interrogated and told that they would not be allowed to exercise any political activities.

C. Respect for human rights and humanitarian law in the conflict

1. The humanitarian context

41. In spite of the major breakthrough represented by the launching on 14 November of the United Nations humanitarian operation in the Nuba Mountains aimed at feeding over 150,000 people from el-Obeid (northern Kurdufan) through food drops in Kauda, Karkar, Julud and Sarat Jamus, denial of access continued to be used as a military strategy by both the Government and the Sudan People’s Liberation Movement/Army (SPLM/A), particularly in areas where the population is more needy. Actions such as the denial of permission for flights and visas and the imposition of fees for travel and work permits significantly affected humanitarian action. Affected areas include Upper Nile, where the denial of access is closely linked to widespread insecurity owing to interfactional fighting and to the expanding of oil concessions; the Nuba Mountains, where the amount of humanitarian aid provided is quite insignificant compared to the needs; Eastern Equatoria and southern Blue Nile. Shifting alliances among militia groups make it even more difficult for humanitarian agencies to negotiate access and security-related matters. Overall, the situation has worsened, with more denials, more conditions imposed on humanitarian assistance and more confusion about who is actually in control.

42. Finally, it should be recalled that ceasefires have not been renewed after they had been
allowed by both parties to lapse on 15 July 2000.

2. Bombing of the civilian population

43. During his latest mission and afterwards, the Special Rapporteur has continued to receive information relating to bombing incidents. The incidents were reported as follows.

44. On 5 October, 15 bombs were dropped around the airfield in Mangayath, north of Raja, Bahr al-Ghazal, where teams from the World Food Programme (WFP) were distributing relief food. As a result, WFP was forced to suspend its operations for one day.

45. On 6 October, upon WFP resumption of its operation, a total of 15 bombs were dropped directly onto the area where WFP teams were in the process of distributing food to some 20,000 civilians - internally displaced persons from Raja - who had gathered, resulting in civilian casualties.

46. On 8 October, another attack was reported on Mangayath, Bahr al-Ghazal, with 15 bombs dropped by an Antonov plane as a WFP plane prepared to drop food. The United Nations plane had been cleared by the Sudanese authorities. Reportedly, nine bombs fell on the eastern side of the drop site and six on the western side of the village. The attack led the United Nations to evacuate its humanitarian personnel from Mangayath.

47. On 20 November, 17 people died and one person was injured following a bombing incident in Akuem, Bahr al-Ghazal.

48. On 26 November, six bombs were dropped in Malualkon, Bahr al-Ghazal, one of which landed approximately 300 metres from the International Rescue Committee (IRC) compound, hitting it with shrapnel, and approximately 500 metres from Tearfund’s Therapeutic Feeding Centre. One woman was killed in the incident and another was injured. In addition, six bombs were dropped 2 kilometres north of Madhol, also Bahr al-Ghazal. One man was killed and a boy injured. It should be noted that Malualkon is a demilitarized area.

49. On 28 November, three villages south-east of Malualkon were bombed. One woman was reported injured near the village of Dhiak.

3. The oil issue

50. Since his first visit to the Sudan in March 2001 and in his interim report to the fifty-sixth session of the General Assembly, the Special Rapporteur has continued to focus on the human rights-related, economic, political and strategic implications of oil exploitation in oil-rich Unity State, supporting the views of those who believe that oil has seriously exacerbated the conflict while deteriorating the overall situation of human rights.

51. More specifically, the Special Rapporteur continued to receive information whereby oil exploitation is continuing to cause widespread displacement, although it remains difficult to cite clear estimates due to the fact that the situation in Upper Nile is extremely fluid and people move constantly. Following discussions during the fifty-seventh session of the Commission on Human Rights, the Government of the Sudan extended an invitation to the Special Rapporteur to visit the oil area for a direct assessment of the situation on the ground. Lundin Oil also extended a similar invitation to the Special Rapporteur. Accordingly, the Special Rapporteur visited Bentiu, Rubkona and Paryang in Unity State.

52. With a view to complementing and clarifying further the information received in Unity State, the Special Rapporteur travelled to Rumbek, in southern Sudan. Interviews with IDPs both in Rumbek and in Khartoum provided him with further relevant detailed accounts.

53. The Special Rapporteur remains concerned at the lack of transparency on the use of oil revenues. While the Government claimed that these are spent for the development of the South, the Special Rapporteur believes that no convincing evidence has been provided to that effect. In this connection, he wishes to refer to the relevant provisions of the International Covenant on Economic, Social and Cultural Rights.

54. The view was repeatedly expressed that any advantages gained from oil remain volatile unless a peace settlement is reached and that the only way to guarantee the future of the oil industry lies in a negotiated peace agreement.

55. On 7 October, the Special Rapporteur travelled to Bentiu, where he was received by representatives of Lundin Oil and Talisman Energy Inc. and met the Wali of Unity State. He then proceeded to the Dinka village of Paryang, where he visited some of the infrastructure put in place by the oil companies operating locally, including a health centre, and met with local authorities as well as Church representatives. He then travelled to Rubkona, where he met with representatives of United Nations agencies as well as international NGOs. He was informed that the area remains extremely insecure owing to the activities undertaken by local militias.

56. With a view to complementing information received during his trip to Unity State, and in addition to his visit to the IDP camps around Khartoum, the Special Rapporteur felt it necessary to visit the IDPs coming from Upper Nile into southern Sudan and therefore visited two IDP camps around Rumbek. The Special Rapporteur is convinced that, in order to grasp the complexity of the situation, visiting the oil fields is not enough and any thorough assessment must include the collection of testimony from the displaced coming from the region. In this connection, the Special Rapporteur noted that there has been a continuous influx of IDPs, some of whom have stayed in the camps for the past few years while others have just arrived.

57. He was able to interview a number of IDPs who briefed him about their situation and the difficulties they had to overcome. These were almost invariably linked to the situation of conflict characterizing the region. Most of them reported interfactional fighting featuring extensive looting of cattle and burning down of villages. Reports also pointed to bombings by Antonov planes, often followed by attacks by helicopter gunships aimed at clearing the land around the oilfields, particularly since oil installations and assets had been declared legitimate military targets by the SPLM/A. Some of the people had never seen such equipment and, taken by surprise, were easy targets. Others fled with their meagre belongings, or with nothing: some fled naked, and were forced to run for up to a month before reaching a safe haven. It is worth noting that, when attacked in such circumstances, people fled wherever they could, some to the north, others to the south, and that the argument used by the Government that people move to the north - rather than towards the south - to look for peace is therefore groundless.

58. The plight of these displaced persons in the camps in southern Sudan is desperate owing to the scarcity of means of survival locally and to the fact that they receive very little assistance. The displaced from Upper Nile are Nuer, who are used to living off their livestock. In fleeing, they have lost all their belongings, hence their basic means of survival. Most of them do not work and the only way of earning a living seems to be to cut and collect firewood to sell at the local market.

59. Finally, it is worth noting that access to the area remains extremely difficult since permission to land at most of the airstrips is denied, which also results in lack of human rights monitoring in the region. This issue is particularly relevant as oil exploration is likely to expand to other areas and bring with it a pattern of insecurity.

4. Abduction of women and children

60. As he mentioned in paragraphs 109 and 110 of his interim report, while recognizing that some positive steps have been taken with regard to abductions, the Special Rapporteur is of the opinion that there continues to be a need for a massive advocacy campaign and therefore encourages the Government to take a public stand against abductions and in support of the Committee for the Eradication of Abduction of Women and Children (CEAWC), in line with the commitment expressed by a number of government officials, including the First Vice-President, during consultations held in the framework of the mission.

61. While it is a positive step that the Government has acknowledged the existence of this heinous practice, this is not enough and the Government needs to exercise all its influence on the Murahaleen who are responsible for human rights abuses such as mass killings, torture, rape and abductions.

62. In this connection, the Special Rapporteur noted the commitments made by the Government aimed at stopping abductions and support to the Murahaleen, supporting CEAWC financially and substantially, granting clearance to UNICEF flights used to reunite children with their families and, in particular, prosecuting any person found guilty of new abductions. While welcoming such commitments, the Special Rapporteur will continue to monitor concrete government follow-up action in this respect.
 63. During his latest mission, he continued to inquire about the impact of CEAWC. He was informed that progress made in the previous months had continued to be too slow. While this can be partly explained by objective logistical problems and lack of funding, it should also be noted that accountability for the use of resources made available to the Committee has not been transparent, which may have caused some donors to withdraw. It is therefore to be welcomed that the Government has now agreed to have funds accounted for in the regular budget of the Ministry of Justice. It is hoped that this improvement in contribution management will encourage some donors to reconsider their cautious position and continue to provide the necessary assistance. On the other hand, it is also hoped that the First Vice-President’s pledge will provide further financial backing. It remains necessary, however, that the financial support be complemented by a strengthening of CEAWC and the provision of political support by the highest-level authorities in Khartoum.

64. The Special Rapporteur remains concerned, however, at the recurrence of cases of abductions, though in decreasing numbers since March 2001, in Bahr al-Ghazal. It should be noted, however, that the decreasing trend seems to be the result of the improved ability of the SPLM/A to defend villages along the railway line rather than the effect of a strong governmental policy.

D. Women’s rights

65. On 2 September 2000, the Governor of Khartoum State, Mazjoub al-Khalifa, issued a decree barring women from working in many public places, saying the ban would uphold Shariah law and maintain the honour of women. During his first visit, the Special Rapporteur had inquired about the decree and had been reassured by Sudanese officials, who had informed him on 10 March that there had been widespread protest against the decree, that the issue might be taken up at the federal level and that, in any case, the law had to be discussed by the National Assembly - which, at that time, had not been reconvened yet.

66. Regarding the possibility that article 19 of the Sudanese Labour Code would be amended along the lines of the above-mentioned decree, on 11 March Sudanese officials reassured the Special Rapporteur that such a possibility had been ruled out.

67. The Special Rapporteur regrets to report information he just received which confirms that, in spite of the reassurances he received and despite the fact that the case had been raised with the Constitutional Court, article 19 of the Labour Code has reportedly been modified along the lines as the Khartoum State Governor’s decree.

E. Rights of the child

68. One of the most important aspects relating to the rights of the child in the Sudan is the issue of child soldiers. During his latest mission, the Special Rapporteur inquired about the plight of child soldiers in the Sudan and was fully briefed about the demobilization programme undertaken by UNICEF in southern Sudan. While in Rumbek, he met relevant UNICEF staff who accompanied him to the barracks where he interviewed a number of child soldiers.

. The Special Rapporteur was informed that the Government is not recruiting children per se and that there did not appear to be any child under 15 in the regular army. However, it should be noted that the Government is allied with tribal militias that make extensive use of child soldiers, for which the Government is taking no responsibility.

70. On the other hand, as regards the situation in southern Sudan, the number of child soldiers has been reported to be 9,000, of whom some 3,500 have been demobilized, in cooperation with the SPLM/A. The Special Rapporteur hopes that this cooperative effort will serve as a model for child soldiers recruited by the Government-allied militias in the framework of the conflict.

F. Situation in SPLM/A-occupied territories

71. During his first mission, the Special Rapporteur had inquired about the situation in SPLM/A-held territories and had made a number of observations regarding the development of the local civil society and the need for demilitarization of the highly hierarchical structures ruling the country. In his oral presentation to the fifty-seventh session of the Commission on Human Rights, the Special Rapporteur noted that genuine democratic structures were lacking in the areas under the control of the SPLM/A. Internal structures seemed to be military-based rather than grounded in the civil society, which is a crucial condition for the implementation of the right to self-determination. The Special Rapporteur had also been informed that the process of designation of representatives for the National Liberation Council would be finalized by June 2001. Other observations in this regard were reflected in his interim report to the General Assembly (see A/56/336, paras. 57 and 58).

72. Regarding the issue of local elections, the Special Rapporteur held a number of interesting meetings with the leadership of the SPLM/A, the Sudan Relief and Rehabilitation Association (SRRA) and others. He was informed that the elections which had been scheduled for the month of June had been postponed to December 2001-January 2002. During his latest visit, the Special Rapporteur inquired further about this issue, both in his meeting with SPLM/A representatives in Nairobi and in southern Sudan.

73. Overall, the Special Rapporteur confirms that the civil society in southern Sudan is extremely weak and needs strengthening. In this connection, the Special Rapporteur was informed, for instance, that while magistrates have been in charge of the most serious criminal cases since 1991, courts have been established since 1994 - replacing military courts - to deal with civil cases. However, there are reportedly less than 100 trained lawyers in southern Sudan, which also accounts for the weakness of the judiciary. Law enforcement officials are also poorly trained.

74. Human resources experienced in civil administration are lacking. Donor support is scarce, partly because of the political implications that this may have in terms of potentially strengthening the de facto authorities, thus prejudging the future of the country. It should be noted, however, that so far assistance to this end has been provided mostly by the United Nations and non-governmental organizations and that a stronger commitment by the SPLM/A should be expected, with a view to promoting accountability. This is particularly urgent as most of southern Sudan is no longer in a situation of conflict. Sources report that 80-90 per cent of the area is peaceful, opening a window of opportunities for donors to provide development assistance.

75. The Special Rapporteur was also informed that a number of training sessions on good governance had been arranged in the past in Yambio, Western Equatoria, for civil administrators and that further efforts have been undertaken by the New Sudan Council of Churches to help build civil society structures. However, more should be done.

76. In this connection, the Special Rapporteur repeatedly inquired whether any opposition to the SPLM/A exists within southern Sudan. He was informed that internal opposition exists, including within the SPLM/A, but the split - or potential split - factor is considered uncertain as a split would weaken the South vis-à-vis Khartoum, as was the case with Riek Machar and the southern leaders who joined the Khartoum Peace Agreement.

77. It should be taken into account, however, that while the SPLM/A controls access to some 80 per cent of the people in southern Sudan, it does not necessarily represent all of them. If most southern Sudanese are currently united against a common enemy, the potential for inter-ethnic fighting, particularly for the control of resources, is not to be ruled out.

78. The Special Rapporteur continued to inquire about the situation in Eastern Equatoria and the reconciliation between the Dinka and Didinga peoples. He was informed that, following a number of workshops in August-September 2001, an assessment by local Didinga facilitated by the New Sudan Council of Churches concluded that the two tribes were ready for reconciliation. Other sources, however, pointed out that in some areas, including Eastern and Western Equatoria, the SPLM/A is still seen as an occupying army.

IV. CONCLUSIONS AND RECOMMENDATIONS

79. The Special Rapporteur remains of the view that not only does the institutional and legal framework remain basically unchanged, but the overall human rights situation has not improved since the presentation of his interim report to the fifty-sixth session of the General Assembly.

80. The Special Rapporteur noted a number of commitments made by the Government to the European Union on the occasion of the troika mission in December 2001, including his proposal to create an independent, Paris principles-based human rights institution, as well as: (a) the creation of a committee for inter-party liaison in order to foster further democratization, cooperation with other parties and inclusion of opposition forces into the Government at all levels; (b) the implementation of a programme of civic education in democracy; (c) requiring the security forces to operate within the law; (d) the amendment to limiting the National Security Forces Act to the purpose of fighting against terrorism; (e) making genuine efforts to reach a political solution to the conflict; (f) a commitment not to target civilian populations or installations; and (g) granting of access to humanitarian relief operations.

81. The Special Rapporteur also noted that the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was brought before the Council of Ministers and that, subject to parliamentary approval, it will be signed in due course.

82. The Special Rapporteur regrets that there seems to be some resistance to acceding to the Convention on the Elimination of All Forms of Discrimination against Women. He encourages the Government to take all necessary steps to sign and ratify the Convention.

83. While welcoming the above-mentioned commitments, the Special Rapporteur will continue to monitor their implementation and will report to the fifty-eighth session of the Commission on Human Rights on any relevant developments. The Government continues to face a credibility gap between commitments made and follow-up action delivered, which needs to be addressed urgently.

84. The emergency declaration should be lifted and normalization and transition from emergency to democracy should become a matter of urgency for the Government in order to bridge the above-mentioned credibility gap.

85. The amendment to the National Security Forces Act should also be modified. In this connection, the Special Rapporteur reiterates his recommendations contained in his interim report (A/56/336, paras. 113 and 114) and further recommends that a proper judicial review become mandatory for all cases of security detention and that, in keeping with article 14 (5) of the International Covenant on Civil and Political Rights, to which the Sudan is a party, “everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law”.

86. The Special Rapporteur regrets that military developments - for which both parties to the conflict are responsible - continued to impact adversely the human rights situation of the civilian population, reiterates his concern at the escalation of military activities in Bahr al-Ghazal, particularly around Raja, and the displacement they caused, and hereby reiterates his appeal to the Government for a halt to the bombing of civilian targets, particularly when civilians gather to collect food.

87. The Special Rapporteur equally condemns SPLM/A practices such as the use of civilian installations for military purposes and the setting up of military installations in close proximity to civilian ones, which contributes to raise the death toll amongst civilians.

88. In light of the above, and bearing in mind the close interaction between human rights and peace, the Special Rapporteur wishes to reiterate the importance of offering a valid alternative to the war which currently is the biggest employer in the Sudan.

89. While as an urgent humanitarian measure unhindered access should be granted to all needy areas, at the political level more serious efforts should be put in place to promote peace and establish democratic structures which are a condition for a lasting peace. In this connection, the Special Rapporteur firmly believes that human rights must be an integral part of the peace agenda and not be confined to the post-war scenario. In addition, the Special Rapporteur wishes to recall that under item 3.6 of the Declaration of Principles the parties agreed that human rights, as internationally recognized, shall form part and parcel of the discussions.

90. As for the grass-roots/people-to-people approach, while acknowledging the decisive role of the New Sudan Council of Churches and its brokering of several successful initiatives, the Special Rapporteur would like to encourage other similar initiatives. In this connection, he wishes to highlight the role of women and their potential for peace, while stressing the urgency of providing development assistance and training to them and other relevant elements of the community.
 91. In the same vein, the Special Rapporteur would like to reiterate the relevant recommendations contained in his speech to the fifty-sixth session of the General Assembly. More specifically, the Special Rapporteur encouraged the SPLM to develop genuinely democratic structures, demilitarized and independent from the SPLM hierarchy, based on the fact that a genuine civil society is a crucial condition for the implementation of the right to self-determination. The Special Rapporteur also urged the SPLM to actively take responsibility to meet the needs of the people living in areas under its control, including in terms of health and education, particularly where peace has been established.

92. The Special Rapporteur also reiterates his appeal to donors to continue to invest in peace in the Sudan and to see the phases of peace, reconstruction and development in a more integrated manner, taking into account the multifaceted elements characterizing Sudanese society .

93. As for the oil issue, the Special Rapporteur, while recognizing that oil exploitation has become increasingly important for the economic development of the country, reiterates his strong belief that the right to development cannot justify the disregard of other human rights. The Special Rapporteur believes that oil exploitation is closely linked to the conflict which, although it contains a religious component, is mainly a war for the control of resources and, thus, power. Bearing in mind the adverse impact of the conflict on the human rights situation, he therefore remains convinced that the monitoring of the human rights situation in the oil fields, as well as considering human rights-related, social and economic implications deriving from oil exploitation, including the use of oil revenues, are part and parcel of his mandate as Special Rapporteur on the situation of human rights in the Sudan, which includes both civil and political rights as well as social, economic and cultural rights. He believes that, in the context of the Sudan’s right to development, the Government should create an environment conducive to the granting of development assistance, particularly by the World Bank and the International Monetary Fund. In addition, he also remains of the view that any solution will have to be based on a wide consensus among all affected parties.

94. Regarding the programme of technical cooperation of the Office of the High Commissioner for Human Rights (OHCHR), the Special Rapporteur noted the ongoing discussions and will follow any new developments in this field.

95. Finally, the Special Rapporteur would like to acknowledge the support provided by OHCHR in the discharge of his mandate.

Notes

1 EU-Sudan Joint Communiqué, Khartoum, 9 December 2001, Report on the EU troika mission to Sudan, 7-9 December 2001.

2 Emergency Order No. 1 suspended articles 56, 57, 59 and 60 (2) and (3) of the Constitution. According to the order, all the walis as well as the legislative assemblies of the states shall continue carrying out their duties. The President is entitled to relieve the walis and appoint acting walis until the emergency period expires.

Annex

Programme of activities of the mission to the Sudan

1. While in Khartoum, the Special Rapporteur held meetings with the following authorities: the First Vice-President, Ali Osman Mohammed Taha; the Ministers of External Relations, Justice, Energy and Mining; the State Minister of the Interior; the Permanent Secretary at the Ministry of Justice; the Head of the Judiciary; the Constitutional Court; the Rapporteur of the Advisory Council for Human Rights; representatives of the Humanitarian Aid Commissioner; the Speaker of the National Assembly and the Head of the Human Rights Committee; members of the Sudanese Bar Association, the Women Union Bar Association Club and the Sudanese Jurists Union.

2. In Khartoum, the Special Rapporteur also met representatives of domestic and international NGOs, heads of United Nations agencies, the head of delegation of the International Committee of the Red Cross (ICRC) and representatives of the diplomatic and donor community. The Special Rapporteur further met with representatives of the Sudan Council of Churches, representatives of political parties of the opposition, including a meeting with Umma leader al Sadig al-Mahdi and PNC leader Hassan al-Turabi, lawyers, journalists, students and women’s groups. In addition, the Special Rapporteur received direct testimony from individuals concerning alleged violations of human rights.

3. The Special Rapporteur also visited the Waad al-Bashir IDP camp and a community centre of the Sudanese Environment Conservation Society in Haj Yousef Al-Wihda, near Khartoum.

4. On 7 October, the Special Rapporteur undertook a one-day trip to Bentiu, Rubkona and the Dinka village of Paryang in Unity State, where he visited some of the facilities put in place by the oil companies operating in the area, held discussions with representatives of Talisman Energy Inc. and Lundin Oil, and met with the Wali of Unity State, representatives of United Nations agencies and international NGOs.

5. On 9 October, the Special Rapporteur met with the Rapporteur of the Advisory Council for Human Rights for a wrap-up session during which a number of individual cases were brought to the attention of the Sudanese authorities for their follow-up action.

6. From 9 to 14 October, the Special Rapporteur travelled to Nairobi and Lokichokio, Kenya, to access southern Sudan. In Nairobi, he met with the Commissioner for Information, Dr. Samson Kwaje, the Commissioner for Education, Mr. Kosti Manibe, the Sudan Relief and Rehabilitation Association (SRRA) Liaison Officer in Nairobi, Mr. Aloisio Emor Gitulk, the Commissioner for Agricultural and Animal Resources in Yei, Mr. Bandindi Pascal Uru, the Commissioner for Finance and Economic Planning, Mr. Arthur Akuien, the Economic Commissioner, Kuol Manyang Juuk, the Acting SPLM representative for Kenya, Mr. Edward Lino, and the Commissioner for Civil Society, Mr. Lual Ding, as well as other SPLM representatives.

7. On 9 and 10 October, while in Nairobi, the Special Rapporteur also met with representatives of the New Sudan Council of Churches, the Nuba Relief and Rehabilitation Development Organization, United Nations agencies and NGOs under the umbrella of Operation Lifeline Sudan (OLS), non-OLS NGOs, the ICRC and representatives from the diplomatic community.

8. On 11 October, while in Lokichokio, the Special Rapporteur held consultations with OLS personnel, including international and local NGOs.

9. On 12 October, the Special Rapporteur travelled to Rumbek, Lakes State, southern Sudan, where he discussed human rights and civil administration structures with representatives of civil authorities and the military, including the executive director of the SRRA, Mr. Elijah Malok, the deputy executive director of the SRRA, the deputy regional SPLM secretary (governor) for Bahr al-Ghazal State, the representative of the security forces, the SPLM county secretary for Yrol County and the secretary for Rumbek. In addition, he held consultations with representatives of the diocese of Rumbek and the judiciary (members of the Court of Appeal).

10. He also met with representatives of United Nations agencies and NGOs working in Rumbek; he visited a demobilized child soldiers transit camp as well as two IDP camps (Deng Nhial) where he interviewed a number of people coming from Upper Nile.