Sudan urges UNHRC to end mandate of independent expert
September 24, 2014 (KHARTOUM) – The Sudanese government has urged the United Nations Human Rights Council (UNHRC) in Geneva to end the mandate of the independent expert.
But Sudanese sources involved in the meetings told Sudan Tribune that they expect the country to remain under Article 10 with a different mandate on providing assistance.
The government delegation claimed that some Western countries seek to place Sudan back under Article 4 on the grounds of a deterioration of human rights in the country.
The Undersecretary of Sudan’s Justice Ministry Esam Abdel-Qadir accused the European Union (EU) and rights groups that are hostile to Sudan of working in close coordination to condemn his country and discredit its positive work with UN organisations working in the field.
He spoke of efforts to refute report of the independent expert and allegations made against Sudan by other nations.
“The delegation has studied in depth the report of the independent expert and what can be responded to in terms of remarks,” Abdel-Qadir said.
The remarks by delegates of Western countries and humanitarian agencies focused on aerial bombardments and government restrictions imposed on organisations causing a deterioration in the humanitarian situation of thousands of civilians in Sudan.
They also denounced the practices of the government towards civil society organisations, including shutting it down and restricting its activities.
The Arab and African bloc at the meetings on the other hand focused on positive efforts made by Sudan on national dialogue and inviting opponents to lay down their arms and seek peace.
The UNHRC independent expert for Sudan Mashood Adebayo Baderin presented his report to the council on Wednesday in which he strongly criticised Khartoum’s handling of protests which broke out in September of last year following the government decision to lift fuel subsidies.
Baderin noted the absence of any serious move towards an independent investigation into these events and urged Khartoum to conduct a public inquiry and independent investigation into the killings and abuses that have accompanied these demonstrations.
He also suggested forming a commission of inquiry headed by a retired judge and independent experts drawn from academia, civil society, forensic experts other relevant professional bodies in Sudan and candidates from the African Union and the Arab League.
The report recommended that the Sudanese government undertake accelerated and concrete actions to address human rights issues which included freedom of demonstrations and peaceful assembly, freedom of the press and expression, censorship on newspapers and the media, freedom of religion and belief and halting air strikes on civilians in South Kordofan and Darfur, the arbitrary arrest of political activists, and reaching a peaceful solution to the political crisis.
The expert also called for the abolition of the National Security Act of 2010 or reconciling it with the constitutional and international obligations in the field of human rights, ensuring the freedom of the press, stopping arbitrary arrests and detentions, ending censorship of the press and clamp down on civil society organisations, fully respecting the right of liberty and individual freedom.
He demanded that Sudan conduct a review of Article 126 of the Sudanese Criminal Law of 1991 regarding apostasy in line with its obligations in the field of human rights and international and constitutional freedom of religion and belief.
Baderin stressed in his remarks that followed those of the Sudanese Minister of Justice Mohamed Bushara Dousa, the existence of serious violations of human rights in Darfur, Blue Nile and South Kordofan, adding that most abuses in Sudan stem from wars. He did however, point to positive steps taken by Khartoum to address the human rights situation.
The United States representative in UNHCR Keith Harper said that his government is “greatly concerned by the escalation of violence and deterioration in the human rights situation in Sudan”.
“We remain troubled by widespread and credible reports of human rights violations and abuses and international humanitarian law violations perpetrated by the Government of Sudan and government-aligned groups. These include reports of ongoing indiscriminate aerial bombardment of civilian areas by Sudanese government forces in Blue Nile, Southern Kordofan, and Darfur, and reports of the government’s continued killing, torture, rape, arbitrary detention, and violent repression of its citizens. We are also concerned by the government’s continued restrictions on humanitarian access to Sudanese citizens in dire need,” Harper said.
Harper said they are also concerned with what Baderin mentioned on the National Intelligence and Security Services (NISS) infringement on “civil and political rights”.
“This includes the fatal shooting of a third-year university student during protests at Khartoum University. It includes attacks on peaceful protesters in September 2013 that resulted in many deaths, as well as the subsequent lack of a thorough and independent investigation” he said.
The US official also highlighted what he termed as Sudanese government’s violation of religious freedoms and beliefs and referred to the case of Meriam Ibrahim who was initially sentenced to death for apostasy and later released after appeal court overturned the verdict.
“The Government’s violations of the right to freedom of religion and belief, as evidenced by its allowing Meriam Ibrahim to be charged for apostasy earlier this year, are also troubling. We agree with the IE’s recommendation that the case highlights the need for appropriate human rights training for Sudanese judges,” Harper added.
He also criticised Khartoum’s “ongoing crackdown on dissent” saying that its actions include “targeting political leaders and youth activists, newspapers and journalists, students, civil society organisations, and protestors”.
But Sudan’s justice minister vehemently rejected those accusations and said in his speech before the Council that Sudan is committed to ensuring the freedoms and the preservation of human rights. He also denied aerial bombardment of civilians and accused rebels of attacking villages and towns and committing well documented abuses.
Dousa denied the existence of political prisoners and said that these detainees are currently serving sentences regarding criminal cases and stressed that there are no restrictions on NGO’s. He pointed that the number of organisations working in the country rose from 91 to 106.
He further rejected accusations by the independent expert of Khartoum dragging its feet in investigating the September 2013 protests and pointed out that the government has submitted to him a detailed report on measures undertaken with respect to those events.
He dismissed any indications of impunity stressing that the judicial system in Sudan is “established, independent and able to apply the law”.
Dousa also questioned the need for extending the mandate of the independent expert saying he has failed to render aid to Sudan as the international community also failed to lift sanctions and cancel debts or pressing rebels to stop violations and abuses.
“What is the use of the mandate imposed under article 10? Isn’t it fair to end the mandate and let Sudan like other states apply its laws?” he said.
(ST)
