Human Rights: Sudan Comprehensive Peace Agreement

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Human Rights: Sudan Comprehensive Peace Agreement

Implementations

Human Rights – 2005

The 60-Member National Constitutional Review Commission (NCRC) was formed on 23 April 2005; and the commission began drafting a new interim constitution on 30 April. The draft interim constitution was adopted by the National Assembly and the SPLM National Liberation Council on 6 July 2005.1 The constitution came into effect on 9 July 2005. The Human Rights provisions, including provision to establish the National Human Rights Commissions (NHRC), were incorporated in the interim constitution. Article 142 of the interim constitution contains provisions for the NHRC. The process for establishing the NHRC, however, was not initiated in 2005. Without the Human Rights Commission Act, the commission would not be established.

With respect to human rights improvements in Sudan, the 2005 CPA brought little change. As per the CPA requirement, the government lifted state of emergency throughout Sudan but Darfur and the east. Nevertheless, human rights violations such as arbitrary arrests and detentions, killings, looting, and rape took place on a regular basis.2

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, March 2006.
  2. “World Report — 2006,” Human Rights Watch, 2006, accessed January 23, 2012, http://www.hrw.org/sites/default/files/reports/wr2006.pdf.

Human Rights – 2006

Some progress was made in drafting NHRC Act. The draft act was submitted to the legislative department of the Ministry of Justice. Once the review was completed at the Ministry of Justice, the act would be submitted for the approval of the Council of Ministers.1 Nevertheless, the NHRC Act did not move forward. The NHRC was not established in 2006.

According to the Human Rights Watch, the human rights situation remained abysmal due to incidents of arbitrary arrests and detention, killings, looting and rape. Nevertheless, some progress was said made by the Government of Southern Sudan in terms of setting up the Human Rights Commission for the South.2

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, March 2006.
  2. “World Report — 2007,” Human Rights Watch, 2007, accessed January 23, 2012, http://www.hrw.org/legacy/wr2k7/wr2007master.pdf.

Human Rights – 2007

The Government of National Unity in July 2007 submitted the NHRC Bill to the National Assembly to be discussed at the Assembly’s Human Rights Committee in October.1 Nevertheless, no significant progress was made in terms of establishing the NHRC as well as the Human Rights Commission for the South. Human Rights Watch suggested in its report that the security forces killed and injured seven people involved in protests against two dam projects in northern Sudan. Also, arbitrary arrests and detention of journalists, activists as well as restrictions on freedom of expression persisted.2

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, February 2009.
  2. “World Report — 2008,” Human Rights Watch, 2008, accessed January 23, 2012, http://www.hrw.org/legacy/wr2k8/pdfs/wr2k8_web.pdf.

Human Rights – 2008

Though already behind the schedule, the Human Rights Committee of the National Assembly finalized the draft law of NHRC on 29 December 2008. The draft law was said in line with the rights mentioned in the interim constitution. Also, the Southern Sudan Legislative Assembly was considering the southern Sudan Human Rights Commission Bill.1 Nevertheless, the NHCR and the Southern Sudan Human Rights Commission were not established in 2008. The human rights situation remained a serious concern. In July of 2008, the International Criminal Court (ICC) prosecutor requested an arrest warrant for President al-Bashir on 10 counts of war crimes.2

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, February 2009.
  2. “World Report — 2009,” Human Rights Watch, 2009, accessed January 23, 2012, http://www.hrw.org/en/node/79212.

Human Rights – 2009

The human rights situation remained as grave as it was in 2008. South Sudan witnessed ethnic conflicts causing atrocities of civilian targeting and rapes. The Human security situation was worse.1 Despite grave situations related to human security, progress was made in terms of approving international conventions related to human rights. The Convention on the Rights of Persons with Disabilities and its Optional Protocol was ratified on 24 April 2009. The National Assembly endorsed the Child Act on 29 December 2009, which brought Sudan closer into line with the Convention on the Rights of the Child.2

With respect to progress related to the NHRC, the National Assembly adopted the NHRC bill on 21 April 2009. The act provides that the president would appoint commissioners following consultation with the presidency. After the bill was adopted, the civil society groups in October submitted a list of 15 potential candidates to the presidency. Nevertheless, the commissioners of the NHCR were not appointed in 2009.3 With respect to the Human Rights Commission in southern Sudan, the Southern Sudan Legislative Assembly passed the legislation on 3 February 2009. The commission started its outreach program in October 2009 in order to monitor and report on the human rights situation in southern Sudan. Furthermore, the Southern Sudan Human Rights Commission had been expanded into eight of the ten southern states.4

  1. “World Report 2011- Sudan,” Human Rights Watch, 2011, accessed January 30, 2012, http://www.hrw.org/en/world-report-2011/sudan.
  2. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, December 2009.
  3. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, December 2009.
  4. Ibid.

Human Rights – 2010

According to the U.S. State Department human rights report, there were numerous reports that the government and its agents committed arbitrary and unlawful killings. The SPLA soldiers also committed extrajudicial killings. There were several reports of disappearances, arbitrary detentions and arrests.1 The commissioners for the NHRC were not appointed in 2010.

  1. “2010 Human Rights Report: Sudan,” U.S. State Department, 2011, accessed January 23, 2012, http://www.state.gov/j/drl/rls/hrrpt/2010/af/154371.htm.

Human Rights – 2011

The Human Rights situation did not improve. The armed group supported by Khartoum started rebellions in South Sudan against the GoSS. There was no progress in establishing a National Human Rights Commission. Also, with the secession of southern Sudan as an independent state after the referendum, the provision of the CPA referencing human rights became obsolete.

After much delay, Sudanese President al-Bashir issued a decree on 11 January 2012 to form a NHRC. He appointed 13 members in addition to Amal Hassan Babiker and Joseph Khalil Suleiman, as president and vice-President of the commission, respectively.1

  1. “President Bashir appoints members of Sudan’s human rights commission,” Sudan Tribune, January 12, 2012.