Third Periodical Report of the Republic of the Sudan Under Article 62 of the African Charter on Human and People’S Rights May 2006

Third Periodical Report of the Republic of the Sudan Under Article 62 of the African Charter on Human and People’S Rights May 2006

In Name Allah The Compassionate The Merciful The Republic of the Sudan The Third Periodical Report of the Republic of the Sudan under Article 62 of the African Charter on Human and People’s Rights May 2006. Introduction: 1. Having ratified the African Charter on Human and People’s Rights in February 1986, the Sudan continues to endeavor to fulfill its commitments arising from the Charter, irrespective of its increasing interest in the efforts and work of the esteemed African Commission on Humans and People’s Rights and its desire to attend regularly the meetings of the commission, especially in recent years. It has also demonstrated a full cooperation with the commission, at a time when it is responding to its communications, enquiries, provision of information, and documents, receiving special rapporteurs and committees. This is thanks to its belief in the message and role of the commission in protecting and promoting the African Human and People’s Rights. This emanates from its belief in the usefulness of the objective and constructive dialog between the commission and the member states in the service of the African Human and People’s Rights and Liberties. 2. On the basis of the above, The Sudan presented its initial report on the situations of Human Rights which were discussed during the twenty first (21) session held in Nouakchott, Mauritania in April 1997. The Sudan expressed during the session some observations and came up with enquiries about some of the contents of the report. 3. Once again, and based on Article 62 of the Charter, the Sudan presented its second report in 2003 which incorporated all the reports which the Sudan was requested to present up to date. Therefore, we now hereby present the third periodical report which we hope to explain in the preamble the methodology followed in the preparation of the report and is summarized here under: • Avoid repetition of what is already stated in the previous reports unless by way of eliminating an ambiguity or bringing in fresh information • In arranging the overview of the basic rights, we take into account our commitment to arranging the Articles contained in African Charter on Human and People’s Rights in order of precedence and make reference to the title of the theme and Article’s Number. • We have employed short paragraphs as a method for every new idea, numbering them for ease of reference. • Believing in the role being played by the operational organizations in the area of Human rights and in seeking the involvement of these organizations in the preparation of the required reports based on the Human Rights Conventions, The consultative council of Human Rights invited the organizations mentioned in the list below to attend a meeting aimed at presenting an idea about their participation to contribute in the preparation of the third report of the Sudan submitted in keeping with the African Commission on Human and People’s Rights. • The meeting was held at the Headquarters of the consultative council and attended by the following Organizations: (i). Women’s Association (ii). Khartoum Center for Human Rights and The Environmental Development (iii). Khartoum International Center for Human rights (iv). The Institute for Women’s Studies and Gender-Ahfad University. (v). The Sudan Society for Combating Harmful Practices (vi). Look-out for the Child’s Rights (vii). The Organization of the Southern Sun (viii). The Female Organization of the Babakri Badri Society (ix). The Center for the Gender’s Studies (x). The Islamic Call Organization Mr. Raporteur of the Council gave a general idea about the periodical reports which were required to be presented and a detailed idea about the current report. A memorandum covering a list of the contents of the report for every organization through which to seek guidance in gathering information and writing reports was also presented. 1. The Organizations were divided into groups. Each group was given due attention that it deserves in line with the area of its specialization. Some questions raised by the organizations were answered. The representatives of the organizations promised to participate and contribute in the next meeting: 2. With the exception of the representatives of the Sudan Women’s Federation, the representatives of the organizations were absent from the meeting. This meeting was designed to make contributions which will be discussed in due course. 3. The organizations were later on urged to speed up their contributions. Due to the time constraint with regard to the presentation and completion of the report, the organization for combating harmful traditions made its contributions but the rest of the organizations which also promised to make their contributions failed to do so. (The Organizations Report attached hereto). • The country was ruled under the 1998 constitution when the previous report was presented. In accordance with the comprehensive peace Agreement signed in Nairobi in January 2005, this was amended. A new interim constitution of the Republic of The Sudan was issued on the 9th July 2005.Therefore; all the relevant provisions of the new constitution were incorporated into the constitution. • In our opinion, it is useful to pave the way for the discussion of the subject by giving an idea about the legal framework towards ensuring the achievement, implementation, patronizing and promoting Human Rights in the Sudan and its Governmental Organs in the post signing of the comprehensive peace Agreement. This was followed by the issuance of the interim constitution of the Republic of The Sudan in 2005. This report was prepared with a wide ranging participation by different official organs and through a national mechanism for the writing of the reports for contracting bodies, established by a decision of the Ministry of Justice. The national mechanism for report writing includes the membership of the consultative council of Human Rights and some civil society organizations such as the federation of the Sudanese Human Rights Association, the Sudanese Bar association, the Women’s Federation and the council of the Universal People’s Friendship. CHAPTER 1 Firstly: The Legal Framework: (a). The Historical Background: 4. The Sudan is the largest country in Africa in terms of the land area. The land area is 2492360 Square Km, i.e. (967,500 square m). That is almost equal to one tenth of the land area of the whole of Africa bounded by nine countries as follows: Egypt and Libya to the North, Uganda and Kenya to the South, Chad, Central Africa and DRC to the West, Ethiopia and Eritrea to the East. The Sudan is separated from the Kingdom of Saudi Arabia by the Red Sea. 5. The Sudan is situated between the two latitude lines 3.5 degrees, 23 degrees, north of Equator and between two longitude lines 21.75 degrees and 38.5 degrees west Greenwich. The country is endowed with a huge basin modestly flowing towards the north plains in the center, high and low lands in the other three parts of the country. There exist highlands along the Red Sea coast from North East and Mount Murrah as high as 10,000 ft (3,000m) to the West in addition to series of Amathong Mountains in the South most. The flat land height ranges from 500-1500 meters above sea level. 6. The basic natural Feature of the Sudan is the Nile River and its tributaries where we find the Nile network flowing to the extent of almost 2500 miles. The White Nile rises from Victoria Lake in Uganda stretching out to the borders of Southern Sudan known as BAHAR EL JABAL ( The Sea of the Mountain) running through the great dams area to meet with the Subat River and continuing up to Khartoum where it meets with the Blue Nile River. This river rises from Tona Lake in Ethiopia and after this conjunction it is named up to its estuary as the Nile River. The Atbara River meets with it within Atbara city in the North. The most important sources of the enrichment of the main Nile River are the Blue Nile, The Subat River and Atbara River. With regard to the White Nile, it contributes about 30% of the annual flow into the waters of the Nile River, because the latter looses most of its waters during the process of evaporation in the dams’ area. 7. The Nile Network provides for the Country large Agricultural Land areas where there are very fertile lands between the two white and blue Niles as well as between the Atbara River and the Blue Nile. The most important irrigation projects also at the reservoirs are found in the latter between the Atbara and the Blue Nile rivers. 8. The climate in the Sudan varies. For Example the tropical climate is found in the far South whereas the dry desert climate is in the North. With regard to the grasses for the most parts are determined by the other natural elements. The central plains are distinguished with the Savannah grasses and some other bush plants. This feature also applies to the west Sudan where the Savannah plants are wide spread across the southern regions while the dessert nominates North West of the Country. Parts of the South are distinguished by tropical climate whereas the marshes and savanna jungles cover the southern and eastern parts of the country. As far as the Western parts are concerned, they are covered by the tropical and equatorial jungles. 9. Most parts of the country also enjoy the average climate conditions with the maximum heat reaching 100 ^f in most months of the year. Besides, there are also frequent continental storms sweeping sometimes central and northern parts of the country especially in the months of the summer from March to July to October signaling the arrival of the rainy season which covers the period from July to October.

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