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Republic of Sudan Advisory Council on Human Rights Periodic Report

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Republic of Sudan Advisory Council on Human Rights Periodic Report Republic of Sudan Advisory Council on Human Rights Periodic Report of Sudan Pursuant to Article 62 of the African Charter on Human and Peoples’ Rights It comprises the required reports up to April 2003 April 2003 2 Second Periodic Report of Sudan, pursuant to Article 62 of the African Charter on Human and Peoples’ Rights. It comprises the required reports up to April 2003. Introduction Since its ratification of the African Charter on Human and Peoples’ Rights, Sudan has spared no effort to honour its commitments under the Charter. Likewise, it has continued to take interest in the efforts and activities of the African Commission on Human and Peoples’ Rights by attending regularly its sessions, particularly over these last years, cooperating with it, replying to all its mails and questions, providing it with all the information and documents, and hosting the missions of the Special Rapporteurs. This has been dictated by its conviction about the mission of the Commission and its role in the promotion and protection of Human and African Peoples’ Rights, as well as the benefits of the objective and constructive dialogue between the Commission and the States. It is in this spirit that Sudan presented its initial report to the Commission which discussed it during its 21st session held in Nouakchott, Mauritania, in April 1997. The Commission then made observations and raised questions on certain aspects of the contents of the report. For the second time and in conformity with Article 62 of the Charter, we are pleased to present this report which we would like to introduce by explaining the methodology used in its preparation as summarised below: a) Considering that this report is a follow-up of the initial report, we have avoided reporting again on what is contained in the first report, except where necessary in order to clear up any ambiguity or to report on new issues. b) In reporting on Fundamental Rights, we have followed the order of the articles of the African Charter on Human and Peoples’ Rights, indicating the number of the article in the title. c) We have used the style of short paragraphs for each new idea, numbering them in order to facilitate reference to these same paragraphs. d) At the time of presenting the previous report, Sudan did not have a Constitution yet but scattered constitutional decrees; we have thus been compelled to mention the relevant articles of the Constitution. At the end of the report, we have attached the answers to the questions raised under the initial report. 3 e) We thought it useful to include an introduction to the discussion of the subject matter by giving an idea of the legal framework which guarantees the implementation, the application, the protection and the promotion of Human Rights in Sudan, and of the State institutions under the Constitution. f) The preparation of this report involved a wide participation of different official institutions and associations of civil society through the national mechanism of drafting reports intended for contractual institutions which was set up by the decree of the Minister of Justice. The membership of this mechanism comprises the Advisory Council on Human Rights and some civil society associations such as the Union of Lawyers of Sudan, the Union of Counsels of Sudan, the Union of Women and the International People’s Friendship Council. Part I General legal framework Historical overview The year 1956 was a milestone in the history of Sudan. It was the year when the will of national forces in the country was unified and their struggle crowned with the independence of Sudan, thus marking the end of the colonial rule which had lasted 58 years. The accession to independence brought the nation of Sudan directly face to face with considerable challenges: this involved safeguarding national unity, solving definitively the question of Sudan’s national identity, bringing about overall development and overcoming the reality of underdevelopment inherited from foreign powers. From the outset, the period under the national government was characterised by genuine efforts to meet the aspirations of the nation. Unfortunately, the political forces that had the reins of power quickly slipped into a whirlwind of an all out fight for power and partisan quarrels. The country then plunged into a series of political crises and economic difficulties which were worsened by military coups d’etat and popular wars. In the years that preceded the war of national salvation, the political, economic and security situation of the country had reached a dangerous edge. This situation forced the armed forces to take over power on 30th June 1989. Right from its first communiqué, the revolution undertook to work to save the country, to return quickly to the democratic process and hand back the power to the civilians as soon as the exceptional conditions will have ceased to exist, by preparing and adopting a lasting Constitution and working to end the long lasting civil war. 4 Sudan’s 1998 Constitution In 1997, a National Commission was set up to prepare the Constitution. The Commission comprised more than 500 members representing geographical regions, social forces, political and ideological trends and professional bodies. After continuous and hard work which lasted eight months, the Commission finished its work. At that time, the draft Constitution was presented to the National Council (Union Parliament); after its adoption by the people’s deputies, the draft Constitution was put to a referendum which adopted it by 96.7% of the votes (10 833 161 votes) against 3.3% (360 273 votes). The turnout at the referendum was 11 193 434 voters inside Sudan, and more than 130 000 voters residing abroad. Contents of the Constitution The Constitution has 140 articles divided in nine parts and twenty one chapters covering the guidelines of the State, freedoms, rights and duties (Part I), the Executive, the Legislature and the Judiciary and other constitutional organs (see annex 1), the main outlines of which are as follows : Nature of the State The Constitution defines the core features of the role of the State, underlining that the Republic of Sudan is a unifying fatherland where races and cultures coexist and where there is religious tolerance. Islam is the religion of the majority, but Christianity and local beliefs have many followers (article 1 of the Constitution). Fundamental freedoms and rights The Constitution guarantees fundamental rights and freedoms, including the right to life, the freedom of belief, expression, association and assembly. It requires the State organs to safeguard them and makes the judiciary responsible for their surveillance and their protection. With a view to their increased protection, the Constitution prohibits their suspension even during states of emergency. It also includes them among the abiding features that legislative institutions may not touch or modify without people’s consultation through a referendum. Judiciary The Constitution has laid a solid foundation for a judiciary based on the supremacy of the law and the independence of the judiciary. It states the rights of every individual to have his cause heard and the right to equality before the law (article 31 of the Constitution). 5 It guarantees the right of every individual to a fair trial (article 32 of the Constitution), the right to refer to national courts and the right of appeal. It has also created the constitutional court for the protection of the rights and freedoms and for redressing injustice (article 34 of the Constitution). It finally requires State institutions to execute court judgments. Establishment of the Civil Servants Applications Office Pursuant to Article 90 (1) of the 1998 Constitution of Sudan, the law relating to the Union civil servants applications Office was promulgated in 1999, sanctioning the establishment of the Office in conformity with Article 127 of the Constitution which stipulates as follows: (1) The Applications office for civil servants shall be created by a Union or wilaya law. Its mission shall be to consider applications from civil servants and take decisions. The law defines the responsibilities and powers of the Office which falls directly under the President of the Republic or the wali, as appropriate. The President of the Republic or the wali appoints its chairperson. (2) The final decisions of the Office cannot be reviewed by the courts. - the Office is answerable to the President of the Republic - the Office has a chairperson appointed by the President of the Republic - the Office has several departments established by the President of the Republic and put in place by its chairperson; these departments, which carry out the responsibilities of the Office, comprise a chairperson and two members. In its present form, the Office replaces the following structures: a) Civil Service Commission b) Civil Service Body c) Transitional Commission for Civil Servants Appeal d) Civil Servants Appeals Office. Objectives of the Office The objective of the Office is to establish an independent institution responsible for considering appeals from civil servants against any administrative measure relating to the application of civil service laws and regulations. On the other hand, the existence of an institution such as the Office may contribute, in its capacity as a control body, to improved delivery of public services, besides the confidence and the stability that it brings among civil servants. This will certainly lead to stable, disciplined and productive public services. It will also create a climate of justice among civil servants without discrimination. 6 Responsibilities of the Office The exclusive responsibilities of the Office are as follows: (a) The Office takes decisions exclusively relating to : First : applications and appeals from those who hold responsible duties in the departments of the Union and wilayas and other functions of the Union relating to the wrong application of the laws and regulations which govern and regulate work in the civil service.
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