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Sudan, Performed by the Much Loved Singer Mohamed Wardi Confluence: 1. the junction of two rivers, especially rivers of approximately equal width; 2. an act or process of merging. Oxford English Dictionary For you oh noble grief For you oh sweet dream For you oh homeland For you oh Nile For you oh night Oh good and beautiful one Oh my charming country (…) Oh Nubian face, Oh Arabic word, Oh Black African tattoo Oh My Charming Country (Ya Baladi Ya Habbob), a poem by Sidahmed Alhardallou written in 1972, which has become one of the most popular songs of Sudan, performed by the much loved singer Mohamed Wardi. It speaks of Sudan as one land, praising the country’s diversity. EQUAL RIGHTS TRUST IN PARTNERSHIP WITH SUDANESE ORGANISATION FOR RESEARCH AND DEVELOPMENT In Search of Confluence Addressing Discrimination and Inequality in Sudan The Equal Rights Trust Country Report Series: 4 London, October 2014 The Equal Rights Trust is an independent international organisation whose pur- pose is to combat discrimination and promote equality as a fundamental human right and a basic principle of social justice. © October 2014 Equal Rights Trust © Photos: Anwar Awad Ali Elsamani © Cover October 2014 Dafina Gueorguieva Layout: Istvan Fenyvesi PrintedDesign: in Dafinathe UK Gueorguieva by Stroma Ltd ISBN: 978-0-9573458-0-5 All rights reserved. No part of this publication may be translated, reproduced, stored in a retrieval system or transmitted in any form or by other means without the prior written permission of the publisher, or a licence for restricted copying from the Copyright Licensing Agency Ltd., UK, or the Copyright Clearance Centre, USA. Equal Rights Trust 314-320 Gray's Inn Road London WC1X 8DP United Kingdom Tel. +44 (0) 207 610 2786 www.equalrightstrust.org The Equal Rights Trust is a company limited by guarantee incorporated in England, and a registered charity. Company number 5559173. Charity number 1113288. ofThis this reportreport hasare beenthe sole prepared responsibility with the of financial the Equal assistance Rights Trust of the and European can in no Union and the United Kingdom Foreign and Commonwealth Office. The contents way be taken to reflect the views of the European Union or the United Kingdom. Confluence: 1. the junction of two rivers, especially rivers of approximately equal width; 2. an act or process of merging. Oxford English Dictionary For you oh noble grief For you oh sweet dream For you oh homeland For you oh Nile For you oh night Oh good and beautiful one Oh my charming country (…) Oh Nubian face, Oh Arabic word, Oh Black African tattoo Oh My Charming Country (Ya Baladi Ya Habbob), a poem by Sidahmed Alhardallou written in 1972, which has become one of the most popular songs of Sudan, performed by the much loved singer Mohamed Wardi. It speaks of Sudan as one land, praising the country’s diversity. In Search of Confluence TABLE OF CONTENTS ACKNOWLEDGEMENTS ACRONYMS EXECUTIVE SUMMARY 1. INTRODUCTION .....................................................1 1.1 Purpose and Structure of This Report .............................1 1.2 Conceptual Framework and Research Methodology ................2 1.3 Country Context .................................................17 1.4 Government and Politics .........................................25 2. PATTERNS OF DISCRIMINATION AND INEQUALITY ................31 2.1 Discrimination and Inequality Based on Religion or Belief ........33 2.2 Discrimination and Inequality Based on Race and Ethnicity .......51 2.3 Discrimination and Inequality Based on Political Opinion .........85 2.4 Discrimination and Inequality Based on Gender ................ 107 2.5 Discrimination and Inequality Based on Disability .............. 140 2.6 Discrimination and Inequality Based on Sexual Orientation ..... 147 2.7 Discrimination and Inequality Based on Health Status .......... 153 2.8 Conclusion: The Metamorphoses of Inequality ................. 158 3. THE LEGAL AND POLICY FRAMEWORK RELATED TO EQUALITY .. 162 3.1 International and Regional Law ................................ 162 3.1.1 Major United Nations Treaties Relevant to Equality ........ 162 3.1.2 Other International Treaties Relevant to Equality ......... 169 3.1.3 Regional Instruments. 170 3.1.4 Status of International Instruments in Domestic Law ...... 173 3.2 National Law .................................................. 176 3.2.1 The Constitution ......................................... 176 ..... 193 3.2.23.2.3 SpecificNon-discrimination Equality and Provisions Anti-discrimination in Other Legal Legislation Fields ...... 202 3.3 National Policies Impacting on Discrimination and Inequality ... 206 3.4 Enforcement and Implementation. 218 3.4.1 Enforcement ............................................. 218 3.4.2 Jurisprudence on Equality and Non-Discrimination ....... 231 3.5 Conclusion: a Weak Legal and Policy Framework . 243 4 CONCLUSIONS AND RECOMMENDATIONS ........................ 245 4.1 Conclusions .................................................... 245 4.2 Recommendations ............................................. 250 BIBLIOGRAPHY ........................................................ 261 In Search of Confluence ACKNOWLEDGEMENTS This report is published by the Equal Rights Trust, in partnership with the Sudanese Organisation for Research and Development (SORD). The concep- tual framework, structure and research methodology were developed by the Equal Rights Trust as part of its Country Report Series on addressing dis- crimination and inequality in different countries around the world. Dimitrina Petrova, Executive Director of the Equal Rights Trust, oversaw the research and drafting of the report. In March 2013, assisted by Vania Kaneva, she travelled to Sudan in a scoping mission, assessing the context and po- Khansaa al-Karib, on the basis of materials, evidence and analysis provided bytential SORD, of producingand a review this of report. existing The literature. first draft This of draftthe report was reviewed, was prepared amend by- ed, updated and expanded by Jim Fitzgerald, with assistance from Richard validation mission to Sudan, meeting experts and stakeholders from civil so- ciety,Wingfield. academia In January and government 2014, Dimitrina to consult Petrova them and on Jim the Fitzgerald report. Following undertook this a exercise, Jim Fitzgerald produced a third draft, incorporating new research. The report was edited and authorised for publication by Dimitrina Petrova. Field research, coordinated by Ahmed Omer of SORD, and conducted under description of patterns of inequality and discrimination. A number of civil so- the general supervision of Asha al-Karib, was central to the identification and in different parts of Sudan. In addition, a number of independent researchers wereciety organisationshired to undertake participated desk research in gathering on particular evidence patterns through offield discrimina research- tion and inequality, and on the legal and policy framework. For reasons of their security and personal safety, these individuals and organisations are not named here; nevertheless, they have our profound gratitude. Equal Rights Trust staff including Fawzi Barghouthi, Amal De Chickera, Jade Glenister, Anne Muthee, Sarah Pickering, Jeana Vuma and Joanna Whiteman provided various kinds of assistance. The Equal Rights Trust is grateful to interns and volunteers who undertook desk-based research and analysis for the report. Thanks are due to Alexander Binns, who carried out the initial desk research which helped to inform the planning of the report drafting, to Justin Low, Nicholas Grant and Sarah Sadek, of the University College Lon- In Search of Confluence don Student Human Rights Programme, who undertook preliminary research on patterns of discrimination, and to Vania Kaneva who liaised with Arabic Thanks also go to interns Jack Dahlsen, Sarah Hutnik, Vickie Knox, Sonam Masaniaspeakers, and reviewed Emily Van Arabic Hanegan, language who sources all contributed and proofread to the researchthe final process.version. cover of the report. The Trust also thanks István Fényvesi, who did the layout forVery the special report. thanks We are go alsoto our indebted volunteer to AnwarDafina AwadGueorguieva Ali Elsamani, who designed a colleague the from Sudan, for his advice on some aspects of the report’s content and for generously donating photographs from his rich collection for the front cover of the report. This report is an outcome of a partnership between the Equal Rights Trust and SORD, which began in 2010 with the project “Empowering civil society in Sudan to combat discrimination”, funded by the European Union. Financial support for the work on the report was also provided by the United Kingdom contents of this publication are the sole responsibility of the Trust and can in noForeign way beand taken Commonwealth to represent Office. the views We are of verythe European grateful to Union both. orHowever, the United the Kingdom. Neither funder has interfered in any way whatsoever with the re- search or the contents of this report. In the process of producing this report, we conducted interviews, sought in- formation and consulted a wide range of Sudanese experts and organisations, many of whom are cited in the report. The Trust wishes to thank all individuals and organisations who responded to queries, gave feedback on the draft report, provided information and advice, or met with us, SORD or our researchers. Finally, we wish to thank all persons who shared their stories with us. This report is dedicated to them and all other persons in Sudan
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