Statements by the Government of Sudan & a statement by UNICEF concerning Sudan
Statement by the Goverment of Sudan to the 54th Human Rights Commission
Sudan and the Question of Human Rights Since last year 's 53rd session of the Commission on Human Rights, the Sudan witnessed important developments in the field of human rights. The Government has taken positive steps towards putting and end to the armed conflict in the country, which is the main factor affecting the full enjoyment and protection of human rights. The Khartoum Peace Agreement was signed on 21st April 1997 with 7 fighting factions from Southern Sudan, followed by similar agreements with factions from the Nuba Mountains and the SPLM-United faction. The agreement, a milestone in the enhancement of human rights in the country, stipulates a "Bill of Rights" that encompasses the fundamental freedoms and rights contained in the International Bill of Human Rights, and its implementing 14th constitutional decree, guarantees that the source for peoples rights and obligations is citizenship. Following the agreement, an amnesty was extended by the President of the Republic to all those who carried arms against the state. All those detained because of activities against the state were released. The Khartoum Peace Agreement has given the people of Sudan, and southerners in particular, not only the bill of rights, but also the right to self determination, as it stipulates a general referendum to be held in the South after four years of autonomy (under the federal system in the country), so that southerners would freely decide whether they prefer unity with the rest of the Sudan or secession. This agreement which meets the demands and aspirations of the people of the South, constitutes a good basis for the peaceful resolution of the conflict. Its implementation was delayed for a few months with the advice and consent of its signatories to give the remaining faction -The SPLA-Garang faction ample chance to join the peace process. The Government went further and accepted the Declaration of Principles (DOP) of IGAD (consisting of Djibouti, Kenya, Ethiopia, Uganda, Eritrea, Somalia and the Sudan) as a basis for negotiations at the meeting with the SPLA-Garang faction end of October 1997 in Nairobi under the auspices of IGAD, in order to facilitate the acceptance of the other party, and to reassure it of the seriousness of the government to achieve just and durable peace. Negotiations are continuing, and another round of talks is scheduled for April 1998. The agreement reached by the Sudan Government with the International Committee of the Red Cross (ICRC) on 22nd January 1998, by which the Red Cross will resume its operations in the Sudan is another manifestation of the unrelenting resolve of the government to lessen the negative effects of the conflict and to bring it to an end. Another important development is the drafting of a constitution that provides for a federal system, already, under implementation, with a presidential system, constructive parliament, an independent judiciary with a constitutional court as the guardian of the Constitution, and a bill of rights that is consistent with the international Bill of Human Rights. This Constitution is expected to come into force at the beginning of July once approved in a general referendum. The Sudan is hopeful that the year 1998 will be the year of peace and human rights in the Sudan. Questions of human rights Certain questions were raised and concerns were expressed on the situation of human rights in the Sudan as reflected in resolutions 1997/59 of the Commission on Human Rights and A/Res/52/140 adopted subsequently by the UN General Assembly at its 52nd session. Hereby are the main areas and responses: 1-The effects of the armed conflict on human rights: There is broad agreement on the negative effects of armed conflicts in general on the enjoyment of human rights. This has been reflected in the report of the Human Rights Committee CCPR/C/79 Add.85 of the 61st. Session, which noted that the armed conflict originating in the southern part of the Sudan is an obstacle to the full implementation of the International Covenant on Civil and Political Rights.The Government has striven to mitigate the negative effects as far as possible starting from minimizing the effects of the state of emergency to limit it to check points and availing citizens aggrieved by any state action the right to redress the situation before a court of law.These efforts further included, and are spearheaded by, the active engagement on the part of the Government to bring an early termination of hostilities by persistent calls for cease-fire and for the attainment of peace through the negotiating table. Allegations of indiscriminate and deliberate aerial bombardment of civilian targets by the Government, were never proved. The existence of any collateral damage, if occurred, is regrettable and unfortunate, but has never been a deliberate policy by the Government. The Government that initiated the "corridors of peace" which subsequently developed into the United Nations Operation lifeline Sudan (OLS), where the Government proposed to facilitate relief to civilians at areas, both under its control and under the control of the rebels' movement, a move unprecedented from a government, could not be accused of impeding access of relief to civilians. Any instances of interruption of operations in the past were a product of an adverse situation on the ground beyond the control of the Government, which was always eager to facilitate the speedy resumption of the operations. The Government has exerted utmost effort to resolve the disagreement with the International Committee of the Red Cross and the efforts in an agreement on 22/1/1998 by which ICRC would resume its humanitarian operations in the Sudan. Allegations relating to abduction and sale of children in the armed conflict zones, portrayed as a deliberate policy by the Government, has been spearheaded by Christian Solidarity International, an organization which sides openly with the rebel movement and leads a campaign using such allegations as a main tool, by fabricating scenarios of selling, in rebel controlled areas, of alleged abducted children. Those allegations have been refuted by both extensive investigations carried out by the Special Committee to investigate allegations of enforced or involuntary disappearances and reported cases of slavery, and by independent observers(Sudan, Propaganda and Distortions: Allegations of Slavery and Slavery-related practices-David Hoile March 1997, The Lord McNair Report-Westminster 14 November 1997). The Government played an active role in the development and the final drafting of the Antipersonnel Mines Treaty and was one of its early signatories in Ottawa. The Government believes that there is no need for the placement of human rights monitors in the country specially at a time when siginficent efforts are being exerted to end the armed conflict. The government has already signed a peace agreement with 8 of the 9 fighting factions in the South and is now implementing that agreement. As mentioned earlier, it also accepted as a basis for negotiations the Declaration of Principles (DOP) of the IGAD initiative and is currently engaged in negotiations with the only remaining fighting faction, the SPLA-Garang faction. Furthermore, a national commission, assigned by the Government has drafted a constitution which contains a comprehensive " Bill of Rights" and which will be placed before the people, on a general referendum, and if passed will enter into force by the beginning of July 1998 2- Minorities: Concerns were raised regarding the treatment of minorities, particularly, what was termed, the internal forced displacement of persons and victims of discrimination, notably from Southern Sudan and the Nuba Mountains; and other allegations of ideological indoctrination or cruel, inhuman or degrading treatment, especially affecting displaced families and women and children belonging to racial, ethnic and religious minorities. Again, the concerns and allegations are linked to the armed conflict to which the Government is exerting utmost effort to bring an end. Nevertheless, the allegations are truly unfounded. Most of the civilians who fled the armed conflict zones in the south took refuge in either government controlled areas in the south, or to a greater extent, in the North and mainly in the capital Khartoum where almost 2 millions took refuge. The areas of the displaced are open and have witnessed visits by a number of neutral observers to see for themselves how the internally displaced are free to run their communities including education and religious worship. 3-Slavery: It is alleged that there are continued reports of slavery, servitude , the slave trade and forced labour, sale and trafficking of children and their abduction.This again has been related to the armed conflict.(The allegations insinuated a deliberate and intentional governmental policy). These fabricated reports are mainly circulated by certain non-governmental organizations, such as Christian Solidarity International, led by Baroness Cox,-who has avowed publicly to bring down the Government of the Sudan and aligned herself with the armed rebel movement. These false allegations were questioned by independent foreign observers as mentioned before. Sudan is party to the 1926 Slavery Convention as amended by the 1953 New York Protocol and the Supplementary Conventions ratified in 1956 and 1957, and the National Laws clearly incriminate such practices. Furtheremore the Draft Constitution explicitly prohibits slavery and forced labour in article 21. The Government has established a Special Investigation Committee on Enforced or Involuntary Disappearances and Reported Cases of Slavery, which conducted many investigations without finding any conclusive evidence of the existence of the practice. The establishment of the Committee was welcomed by both the Commission and the General Assembly. The Government of the Sudan also extended invitations to independent concerned bodies and individuals to visit Sudan and see by themselves the truth or falseness of the allegations. In particular an invitation, two years ago, was extended to the Working group on Slavery, and both the Commission and the General Assembly urged the Working Group to accept the invitation and pay a visit to the Country. The Working Group has not responded yet, and the invitation by the Government of the Sudan still stands. 4-Religion: Concerns cited include religious persecution including allegations of forced conversion of Christians and animists in government controlled areas, and denial of freedom of religion, with calls on the government to review recommendations of the Special Rapporteur on religious intolerance to modify or repeal legislation, policies or activities as suggested. The current Government is the first to have initiated the concept of a religious dialogue which brought the leadership of Islamic and Christian communities in forums for dialogue and understanding. This occured in two international conferences in 1993 and 1995 in addition to several local conferences. It has also repealed the missionary societies act of 1962, which put restrictions on preaching activities and has consulted with Christian church leaders in the formulation of a new act. Compulsory conversion is not possible as Islam prohibits it " No coercion in Religion"; "Those who want to believe , are free, those who do not want to believe are free" states the Quran. Freedom of religion including preaching has been emphasized in both the Khartoum Peace Agreement of 21st April 1997 and in the subsequent 14th Constitutional Decree promulgated to implement the Peace Agreement (art. 2-c-11 of the Peace Agreement and 3-2 of the Constitutional Decree). Furthermore, freedom of religion is stipulated for in the Draft Constitution of the Sudan. 1- Article I- defines the Sudan as a State that encompasses races and cultures and where Islam is the religion of the majority of the people and Christianity and other customary beliefs have considerable followers. 2-Art. (27)-. Equality of all citizens before the law, and for equal rights and duties of public office. 3- Art. (26)-. Everyone shall have the right to freedom of conscience and religion including the right to manifest his religion or belief. 4- Art. (28)-, The right of any sect or group of citizens having special language or religion or culture to preserve this special characteristic. Religous freedom and prohibition of discrimination based on religion have been guaranteed in the constitutional decrees, the Khartoum Peace Agreement and the Draft Constitution. This is manifested in: 1-That the source of rights and obligations is "citizenship" 2-That Personal Laws are left to the stipulations of each religion and custom. 3-All are equal before the law without discrimination because of religion or belief. 4-Christians and followers of other beliefs have the right to establish their own schools and the right to speak and promote their languages and to bring up their children in accordance with their beliefs and culture. 5-The right of preaching 6-All political rights being based on citizenship. 7-Full economic rights 8-There are 200 fixed churches, 506 make -shift churches, 458 foreign missionaries, 244 private christian schools and institutes, 113 Christian medical centers, 42, voluntary and missionary organizations and 124 social services centers (Angel Isaac, Christianity in Sudan, 1997). 5-Women's rights: Concerns were voiced on what was described as civil and judicial discrimination against women, and about harmful traditional practices. Women in the Sudan have been among the first in the region to win voting rights and equal access to public office since the second half of the 1950's. Labour laws guarantee equal pay for equal work and do not discriminate in terms of gender. In education, females reached equal percentage as males in the fifty universities and in higher education institutions. Women now occupy and had occupied constitutional posts as governors of states or federal ministers, other important posts as judges (3 females are now in the Supreme Court), lawyers, medical doctors, university professors, engineers, army and police officers, diplomats, senior bureaucrats, and in business... to mention a few. Positive discrimination is accorded to mothers in work privileges. Muslim women are treated in accordance with Islamic jurisprudence when it comes to personal laws which provide them with full financial security as the burden in this regard is shifted to males, whether husbands, guardians or brothers. At the same time women have the full right of ownership and to be financially independent. Non discrimination based on gender has been guaranteed in the Draft Constitution which stipulates this in article 22 dealing with right of equality. The Government encourages the activities of national non-governmental organizations that are concerned with women welfare, family planning, welfare of mothers and economic productive families which aim at improving the living standards of families, especially women by training them to be skilled in a profession and assist them with the necessary tools. In the field of fighting harmful traditional practices, the Government in partnership with non-governmental organizations, particularly the Sudan National Committee on Traditional Practices (SNCTP), are exerting efforts including creating awareness about the problem by , inter alia, incorporating it in the national curriculum of education starting from the 5th. grade. It was felt that enacting laws would not in itself eliminate the practice. The fact that nobody has made use of a law enacted in 1946 prohibiting the practice, is testimony to that. The SNCTP on its part, has targeted since its creation in 1985 more than 3 millions with the aim of reaching 10 millions with education and awareness campaign in the medium term. The Draft Constitution addresses women rights in articles (24) the right of movement and for all the right to leave the country or return to it.,(27). All equal before the law, (28) All citizens have the right to vote, (22) participation in public life. 6-Rights of the child: Certain allegations of sale and trafficking of children and their abduction and ideological indoctrination were raised in connection with the armed conflict. Sudan Government has repeatedly rejected those unsubstantiated allegations, spearheaded again by Christian Solidarity International. Sudan remains a proponent of children's rights and was one of the early signatories to the Rights of the Child Convention. It is also one of the leading achievers in developing countries in the field of children immunization and the Draft Constitution addresses children rights in several articles: 1- (15).- The State's responsibility for caring for the young. 2-(28) Rights of children of different religious groups to be privately educated by those groups in accordance with their beliefs. The Government's care for children is chanelled through the National Council for the Welfare of the Child. The Government's policies towards street children which aim at rehabilitating and uniting them with their families received the praise of the special rapporteur on the situation of human rights in the Sudan, and of the General Assembly. . At the same time, the rebels SPLA, were accused of abduction, forced conscription of children and sending them to the war zone. The Sudan Government has persistently called on the international community to act to stop these violations by the rebels. 7-Matters of Justice: Allegations of denial of justice were expressed in matters of arbitrary detention, torture, enforced or involuntary disappearances and extrajudicial killings. a/ Arbitrary detentions: The Laws of the Sudan prohibit arbitrary detention. Detainees accused of criminal offences are to be brought before public attorneys to be charged formally and brought to court. Those detained on grounds of endangering security, in accordance to the National Security Act, are accorded certain guarantees under the Treatment of Detainees Regulation including standards for the detention place which should have proper sanitation, ventilation, water and other necessary amenities. The Detainee has the right to be informed immediately of the reasons for his detention and his rights and obligations. Any form of physical or mental torture is absolutely prohibited and the detainee should be treated with dignity. The concerned judge has the right to investigate detentions whenever he sees or receives any petitions from detainees who have the right to make such petitions. The Draft Constitution stipulates in article 21 the right to human dignity of everyone and his right to have his dignity respected, and the right not to be deprived of his freedom arbitrarily (art. 32-1). b/ Torture: The Penal Code of 1991 prohibits torture and considers it an offence punishable under the law. Section 4 of the Code details those prohibitions as well as compensation for the victim. The Draft Constitution, on the other hand, explicitly stipulates for the respect of dignity in treatment (art 22) while article 23 stipulates for the right of innocence and for a speedy and fair trial. The death penalty could not be applied except for the most serious crimes, and could not be carried out on pregnant women. c/ Enforced or involuntary disappearances: The special committee to investigate reports on enforced or involuntary disappearances submitted a report on 8th July 1997 to the Working Group on Enforced or Involuntary Disappearances. The Committee investigated reports of abduction of children along the Babanusa Wau railway line in 1993, the taking of 27 students from Bor in the South to the Gezira Province in the North in 1996 and the fate of Engineer Antoine Fita who disappeared in Juba after his detention in 1992. The Committee made field visits and intensive investigations and recorded interviews with 36 of those to have been alleged to have disappeared and ascertained addresses of 180 more persons, found to have changed their domicile during the period in search for work around the country. The Students were found to have travelled from Bor to Gezira upon their own request and that of their guardians in pursuit of better chances for education. 22 of them have since returned to Bor, and 5 remained with their uncles. The Engineer was put on trial, and was sentenced to death for serious crimes he committed. As for children abduction, the Committee found no complaints when it visited the area where the allegations of such incident, were reported. d/ Extrajudicial killings: Allegations of extrajudicial killings by the Government remains unsubstantiated. The reports surrounding what is termed "the Juba incident" were replied to in a report submitted by a Committee particularly established to investigate the incident where five accused of supplying the rebels with information that led to the death of a number of innocent civilians during an attack on Juba in 1992, were fairly tried and executed. Independent reports have accused the rebels of extrajudicial killings, beatings, arbitrary detention, and massacres. e/ Training and education of security organs The government of the Sudan has established in 1992 the Human Rights coordination Committee, where all government organs concerned with human rights were represented. This body was later developed into the Advisory Council on Human Rights which was entrusted, inter alia, with familiarizing the different organs of government and the public with education and better awareness in the field of human rights. Since then human rights education committees were established in all states of the country. The Ministry of Interior has already made human rights part of the curriculum of the Police College since the academic year 1993-1994. Furthermore, the Draft Constitution which prohibits torture and guarantees the right to human dignity, provides a good basis for education for the security organs and other bodies , as it is now being widely circulated and discussed in the media and other fora. 8-Political Rights and freedoms: Freedom of expression, association and peaceful assembly have been enshrined in the Draft Constitution. Article 26 stipulates that citizens shall have the right to hold opinions without interference, and this includes freedom of expression and to receive information and to impart the same to others. Article 27 stipulates that citizens shall have the right to freedom of association to form organizations, trade unions, and cultural, economic or social organizations. Citizens shall also be accorded the right of political association. Following the signing of the Khartoum Peace Agreement on 21st. April 1997, the President of the Republic proclaimed amnesty to all those who carried arms against the state and further ordered the release of all detainees under investigation for activities against the state. 9-International co-operation: As party to the International covenants on civil and political rights and economic, social and cultural rights, and to the international conventions on the elimination of racial discrimination, the rights of the child and other relevant instruments, the Sudan committed itself to respect and protect human rights. The country has been cooperating with the special rapporteur on the situation of Human Rights in the Sudan who acknowledged such cooperation in his report A/52/510 of November 1997. It also received the special rapporteur on the elimination of all forms of religious intolerance and was cooperating with the Working Group on Enforced or Involuntary Disappearances. It has extended invitations to thematic rapporteurs, especially those in contemporary forms of slavery, and freedom of opinion. It is making utmost effort to comply with the reporting requirements of treaties it is party to. It has also received and extended invitations to individuals and to non-governmental organizations concerned with human rights like the African Commission on Human Rights, Human Rights Watch, JUST, Lawyers Committee for Human Rights and Amnesty International, to mention a few. Both the Commission and the UN General Assembly have urged the special rapporteur on freedom of opinion and the Working Group on Slavery to visit the Sudan in response to the invitations extended by the Government. Regarding its reporting obligations, Sudan submitted and discussed its second periodic report before the Human Rights Committee on 28th October 1997 at its 61st Session, and is now finalizing its periodic report to the Committee on the Rights of the Child to be submitted in due course. Other required reports are also under preparation. Political and Civil rights: Sudan's commitment to the respect and protection of political and civil rights is evident in the acceptance of the Government of the right of self-determination to the citizens of Southern Sudan as being stipulated for in the Political Charter of April 1996 and the subsequent Khartoum Peace Agreement of April 1997. It was also guaranteed constitutionally by the14th. Constitutional Decree which stipulates the conducting of a referendum for the people of South Sudan in four years to decide on whether they prefer unity with or secession from the rest of the country. Guaranteed by constitutional decrees and laws are also the principles of non discrimination, equal rights and obligations based on citizenship, freedom of religion and conscience, equal rights to vote and be voted for without discrimination based on race, gender, colour, religion, political opinion, social origin, economic situation, rights of detainees to be treated humanely, prohibition of slavery and slave -like practices, rights to liberty and security of the person, freedom of movement, the independence of the judiciary and guarantee of due process of law, right to privacy, the right to protect the family and children.... Economic, Social and Cultural Rights: The Sudan has been pursuing a policy to empower the people through the fair distribution of wealth and protection of the weak and vulnerable groups. This is manifested in the Federal System adopted as a system of governance , which was further bolstered in the Khartoum Peace Agreement of 21st. April 1997. Both transfer the majority of wealth and revenues to the States to be utilized for the local development of the regions with special emphasis on the less developed regions of the country. It pursues a national economic policy of a free market-economy and has been involved in the last few years in a successful policy of privatization. The Government is also engaged in a policy of support to the disadvantaged, through the use of Zakat (alms) and by encouraging the people to contribute to the needy through Takaful system (social solidarity). Laws of the Sudan stipulate equal pay for equal job without discrimination due to gender or other differences. The right of work and to join a trade union is guaranteed as well as the right of all workers to benefit from social security. The Government is very keen on the protection of the family as the fundamental unit of the society and mothers are given paid leaves and hours for feeding their infants. The laws further forbid child labour. The Government distributes plots of lands to citizens and provide basic services as far as it can afford, and encourages estate government banks to assist people in building houses. Primary education of 8 years is compulsory and free of charge. Primary health service is also free. Conclusion What was achieved during last year 1.Khartoum Peace Agreement with 8 out of 9 fighting rebel factions. Serious efforts continue with the 9th faction and a second round of talks is scheduled for April 1998. 2.Cooperation with the UN Special Rapporteur and other UN concerned bodies. 3.A New Constitution with a comprehensive bill of rights, federal system, freedom of association, and a right of self-determination for southern Sudan. 4.An active role of the Advisory Council for Human Rights and other independent national bodies in investigating reports and allegations concerning human rights ,and a campaign to increase popular and official awareness on human rights. All of this needs recognition. The Government should be encouraged to proceed further in this direction for the attainment of comprehensive peace and for the further protection and enhancement of the full enjoyment of human rights in the Sudan.
Statement by the Goverment of Sudan to the 54th Human Rights Commission
Mr. Chairman, H.E. the Minister of Justice of the Republic of the Sudan has addressed you five days ago in the name of God, the Gracious, the Merciful. Being a christian and a priest by profession, let me confirm his words by addressing you all, including Christian Solidarity International in the name of God the Father, the Son and the Holy Spirit. Let the words of God come up from the bottom of our hearts and put us on the right path, believers and non-believers. Let the words of God motivate us to forget the short sighted religious and political affiliations. Let us not forget that we are all brothers and sisters, descending from one father and one mother. The call for religious tolerance is a call for love, let us start loving each other here in this august forum. Mr. Chairman, I have been preaching the word of God in the Sudan for many years of my life, and I have witnessed the succession to power of many Governments in my country. I have the credentials and credibility to tell you about religious freedom in my country. I am doing this as part of my responsibility before God, and will continue to do it no matter what the political regimes that assumes power in my country. God had defined my role in preaching for his word and I am happy with my role. Mr. Chairman, Let me testify for history that it is not fair for our sisters and brothers in Christian Solidarity International to portray the Government of my country as the National Islamic Front Government, for the simple reason that the Christian population in the Sudan are having their fair share in the Government. In this connection it suffices to mention that H.E. George Kengor Arope, Deputy Vice-President of the Republic, is a Christian, H.E. Reik Machar, Assistant to the President is a Christian and H.E. Alson Manani, Deputy Speaker of the National Assembly is a Christian. There are many other Christian cabinet Ministers at the Federal and States' levels. Moreover, many high ranking public offices are occupied by christians in the Foreign Office, the Judiciary, the Ministry of Justice, the armed forces and many other government departments. Mr. Chairman, The Sudan Peace Agreement of 21 April 1997, which is being implemented by the Government according to the time frame agreed upon,is a land mark in the enjoyment of religious freedom in the country. According to that Agreement, citizenship is the basis for rights and duties without any regard for religious and ethnic affiliations of the citizens. The right to self-determination has been guaranteed to all Southern Sudanese, particularly the Christians. Mr. Chairman, I am not in the political business, but I am here for the sake of the Christian population and would only say the truth, the whole truth, and nothing but the truth. In a nutshell, let me tell you that the Christian population in the Sudan are now enjoying their fair share in power, wealth and religious freedom, for the first time in the history of my country. Mr. Chairman, The unfounded allegations raised by Christian Solidarity International in its statement of 27 March 1998 before this Commission, where it has depicted the Christian population in the Sudan as being persecuted and not tolerated, would do us, the Christians in the Sudan, no good. It would only incite religious hatred and uncalled for confrontations. May I appeal through you, Mr. Chairman, to that esteem NGO, Christian Solidarity International, to take its hands off the Christian population in the Sudan and not talk on their behalf, since it is not telling the truth. To take just one example, Christian Solidarity International has been claiming that the Government of the Sudan is demolishing churches and church related institutions at a time where we the christians have in the capital city of Khartoum alone more than 26o churches and church related institutions working in the field of education health and other social services. The instances of demolition were very limited and were done in the context of urban planning after providing other alternative cites in the same neighbourhood. Also mosques and their related multi-purpose centres have also been demolished. I have been personally involved in that process, and I testify before God that it has been done reasonably according to law and without any distinction between christians institutions and Muslim institutions. Mr. Chairman, Any serious allegations regarding religious freedom in the Sudan have been subjected to objective verifications by christians from outside the country. In January of this year, we have received a delegation from the Presbyterian church in Belfast, and the objective verification and the visits made by the delegation have proved that the allegations are not true. Moreover, the Government has received the Pope John Paul II, the Archbishop of Canterbury, and the Special Rapporteur on Religious Intolerance. Mr. Chairman, We do not need the solidarity of all Christians around the world to confront our own fellow country men Muslims and non-believers, we need the solidarity of all people in the Sudan, Muslims, Christians, and non-believers to live together in peace and fight together their common enemy: poverty, illiteracy, disease and natural disasters. We do not want our Christian brothers around the world to single us out of our own community and make solidarity with us, since some of our own real brothers, sisters, fathers are not Christians. Christian Solidarity International, with all the good intentions it might have, should not tell us how to manage our own affairs in the Sudan. They should learn from us what to do. They are doing a good thing in the wrong way, and they should start now reviewing their objectives by calling for the solidarity of the national Christian, Muslim and non-believers communities to live together in national unity and fight their common enemy: poverty, disease, illiteracy and natural disasters. And as a token of good faith, we are ready to enter into a constructive dialogue with Christian Solidarity International to tell them the best ways for helping us, the Christian community in the Sudan, without dragging us into a confrontation with our own fellow county men , Muslims and non-believers. Finally, Mr. Chairman, I appeal directly to Christian Solidarity International in the name of God the Father, the Son and the Holy Sprit to let the Christian population in the Sudan live in peace with the other religious and ethnic community in the country. It would do Christians no good to manipulate them for political purposes. So far, Christian Solidarity International has been telling the christian community in the Sudan how to fight their own country men in the international forums, while it should be telling them how to live together . The statements of Christian Solidarity International before international forums are sowing the seeds of hatred and religious intolerance. We are the end receivers of their negative contribution and we call upon them to change their attitude. Thank you, Mr. Chairman, and may God bless Christian Solidarity International into changing its unjustified animosity against our Government.
Goverment of Sudan to the 54th Human Rights Commission
Mr. Chairman, It is a good omen that this important session, coinciding with the fiftieth anniversary of the Universal Declaration of Human Rights and the fifth anniversary of the Vienna Declaration and Programme of Action, is chaired by Ambassador Jacob Selebi who fought long for Human Rights. Our warm congratulations are extended to him and to the esteemed bureau for the well-deserved confidence placed on them by the members of this Commission. We are certain that their vast experience would enable them to lead the deliberations during this session to their objectives. I would like to assure you, Mr. Chairman, that the delegation of my country as a member of this session will support you through interventions characterized by objectivity, pertinent analysis and dealing with facts. We also extend our warm congratulations to Her Excellency Mary Robinson who gained the international community's confidence on her appointment as the High Commissioner for Human Rights. There is no doubt that Mrs. Robinson will use her long experience which took her to the highest office in her country, to fulfill her task with efficiency and capability. We congratulate as well Mr. Enrique ter Horst for assuming the office of Deputy High Commissioner for Human Rights. Mr. Chairman, In our opinion, the progress of the efforts exerted by the international community in the field of Human Rights requires, as a priority and without delay, specific steps to be taken in the form of full compliance with the instruments, declarations, covenants, resolutions etc..., taking objective actions through genuine and fruitful cooperation, reviewing from time to time the work mechanisms and procedures to avoid duplication and to achieve optimum use of available resources, and finally creating an atmosphere conducive to consolidation and promotion of human rights at the national level. Mr. Chairman, In spite of the scarcity of resources and the lack of adequate technical expertise, my country has been keen to fulfil its international obligations in the field of human rights, by providing periodical reports containing all the necessary details, whether in respect of the rights of the child, of the elimination of all forms of racial discrimination, of the civil and political rights, or the African Charter on Human and Peoples Rights. Our efforts are still continuing to submit the remaining reports, whether in the field of economic, social and cultural rights or otherwise. Meanwhile, my country has also been following up the implementation of recommendations and observations made by the competent treaty bodies. Mr. Chairman, As you are aware, the concern of the international community with human rights is not confined to the periodical reports submitted by the states, but also includes the consideration of violations that occur every now and then. We seize this opportunity to emphasize that this aspect needs a thorough examination and rectification by the international community in order to prevent the manipulation of this noble theme for political purposes, since the United Nations Charter, in laying the first foundations of the towering human rights structure, has stressed the importance of dealing with human rights issues through cooperation and not through confrontations and use of political influence and voting mechanisms, which result in resolutions lacking comprehensive consideration and objective handling. Mr. Chairman, We recognize legitimate concern of the international community in considering violations occurring in all countries of the world within the principle of the universality of human rights enshrined in the Vienna Declaration and Programme of Action. But, at the same time, we refer to the fact that selectivity, which focuses the concern on very few states, is a matter that has to be thoroughly examined and rectified, in order to avoid t double standards which make the political systems and attitudes of states, the focus of attention, leaving the man kind vulnerable to atrocious violations committed by political regimes that enjoy acceptance, approval and support of influential circles. Mr. Chairman, Efforts to combat selectivity in all its forms and manifestations, is a matter that requires revision of the mechanisms and procedures of work, so that the international community can use the limited resources available in a rational way aimed at the protection of human beings everywhere, regardless of the political regime within which the violations occur. A quick review of the reports presented annually before this esteemed Commission demonstrates the magnitude of the problem we are talking about. It is clear that the work modalities and procedures hinder focusing the attention on the numerous violations contained in those reports, because of the ability of influential States to focus the attention on what is happening in particular countries. We are thus left rotating in a vicious circle that is supposed to draw the attention to human beings everywhere, but nevertheless is handicapped towards violations occurring in many parts of the World, because of the selectivity which only permits the consideration of violations occurring in certain countries, in spite of the atrocious violations occurring elsewhere. Mr. Chairman, The attention enjoyed by civil and political rights at the expense of other economic, social and cultural rights, is another form of selectivity that needs immediate and effective consideration. In particular, we appeal to the international community to accord the right to development the attention it deserves. We would also appeal to developed countries to fulfill the commitments contained in the VDPA, particularly the alleviation of the external debt burden of developing countries and the eradication of extreme poverty, the victims of which namely children, women and the elderly, are on the increase every day. Mr. Chairman, Our reservations about selectivity in the field of human rights, have not hindered our genuine and unconditional cooperation with the mechanism of the international community operating in the field of human rights, particularly the mechanisms of the Commission on Human Rights. In substantiation of this cooperation, we recall that our country received the Special Rapporteur on the Situation of Human Rights in the Sudan, Mr. Gaspar Biro, many times, the latest of which was in September 1997. We carried out the numerous investigations he has requested, even after he left Sudan, and we have submitted to him the results of these investigations, to demonstrate our continuous cooperation with him. Moreover, since 1996, we started investigations of allegations of slavery, as requested by the United Nations General Assembly, as well as investigation requested by the Working Group on Enforced or Involuntary Disappearances. Sudan received the Rapporteur on Religious Intolerance, a delegation from the African Commission on Human and Peoples Rights and many other human rights activists. Also invitations were extended to the Special Rapporteur on Freedom of Expression, the Chairman of the Working Group on Contemporary Forms of Slavery, the Chairman of the Human Rights Committee in the British House of Lords and Amnesty International. Mr. Chairman, Dealing with human rights issues at the international level, as referred to above, is something that is indispensable. But we stress, at the same time, that dealing with the issue at the national level is equally important and can be accomplished through constitutional, legal, administrative and social arrangements that create a conducive atmosphere for the protection and promotion of human rights. It is because of this comprehensive approach that my Government has been keen, since assuming power in 1989, to follow a tight time frame for the transition of the country to constitutional legitimacy through a democratic system that provides for effective participation of every individual in the country. In this respect, our efforts culminated in holding presidential and parliamentary elections, in the first half of 1996, and we were keen on holding these elections under international supervision. Therefore, the country hosted during the elections, delegates from a number of international Organizations concerned, including the Organization of African Unity, the Organization of the Islamic Conference and the League of Arab States. The observers testified that the elections were fair and free. As a final stage, our country will witness a public referendum for the adoption of the Constitution at a date that will not go beyond June 1998. It is to be mentioned that the forthcoming Constitution contains a comprehensive bill of rights that contains all fundamental rights and freedoms, the independence of the Judiciary, the rule of Law and the freedom of political association. Mr. Chairman, The relevance of administrative arrangements to human rights is not less important than the relevance of political arrangements. Consequently, my Government has applied a federal system to bring the administrative institutions close to the citizens in a manner that provides for an equitable distribution of power and wealth, through the redivision of the country into twenty six (26) states, in response to the legitimate demands of the citizens to administer their own affairs, free from the interference of the centre which has been confined to issues of foreign policy, defence, security and planning. Thus, every state is having now its own governor, cabinet, and a legislative council. Such arrangements would support the promotion and protection of human rights in the country. Mr. Chairman, Whatever, advanced the forms of cooperation with the international community might be, and no matter how complete the administrative and constitutional arrangements we take at the national level, might be, the process of human rights will not be totally protected unless we put an end to every internal armed conflict, through peaceful solutions which take the demands of all the parties into consideration. Therefore the first concern of the Government of my country was to find a peaceful solution to the conflct in the south, for which we held a special conference immediately after the Government came to power in 1989. This testifies to the importance we attach to the peaceful solution of the conflict. We took successive initiatives in this respect until they culminated in the conclusion of the Sudan Peace Agreement in April 1997 which was signed by the Government and 8 of 9 rebel factions, and which met all the demands of southerners, since it provided for the right to self-determination through a public referendum, and affirmed citizenship as the basis of rights and duties without consideration to religious or ethnic affiliations. The Government has already implemented the agreement in accordance with the agreed time table, and at the same time, continued its efforts to persuade the remaining rebel faction to agree to negotiate for peace. In this regard the Government accepted the Declaration of Principles (DOP) of IGAD to be a basis for the negotiations in addition to the Sudan Peace Agreement. In a few weeks we will start the second round of talks between the Government and the rebel faction. In order to create a conducive atmosphere for the negotiations, the Government has repeated its call for a cease-fire, and hopes that the other party will accept that. Mr. Chairman, The military threats on our eastern and southern borders through military aggression, supported by foreign forces, have led to the occurrence of serious violations of human rights as a result of this aggression which has started at the beginning of 1997. Those violations included summary executions, mass killings, rape and abduction of women, mass migration and displacement of unarmed citizens whose towns and villages were destroyed. Those violations have been documented by formal and informal judicial and legal committees, and comprehensive reports were submitted to the Special Rapporteur on the situation of Human Rights in the Sudan more than a year ago. We are still awaiting his action in this regard. Mr. Chairman, The role of non-governmental organizations concerned with human rights is not less important than that of Governments or United Nations Human Rights bodies. Hence, they will receive all support and cooperation as long as they carry their activities transparently and objectively. In conclusion, Mr. Chairman, the Government of my country reiterates its commitment to cooperate with all the United Nations bodies, particularly the Commission on Human Right and its different mechanisms , hoping that this cooperation will result in practical and effective results, and in particular in the provision of technical assistance to governmental and non-governmental bodies concerned with human rights, so as to develop, promote and maintain human rights, not only in the Sudan, but also for all parts of the World. At the same time, we hope that all the positive efforts exerted by the Government of the Sudan to promote human rights in the country and achieve peace and stability in all its regions, be reflected in the deliberations and decisions of this esteemed Commission, in a way that departs from the traditional reports and resolutions that do not reflect the facts on the ground because of political motives. I thank you.
Statement by UNICEF to the 54th Human Rights Commission
BRIEFING DATED 3 APRIL 1998 ABOUT CHILDREN FROM NORTHERN UGANDA CROSSING THE BORDERS, CONTROLLED BY SPLA, INTO SOUTHERN SUDAN WITHOUT THE KNOWLEDGE OF THE GOVERNMENT OF THE SUDAN In a statement by UNICEF, deputy Executive Director Stephen LEWIS to the Commission on Human Rights in 2 April 1998 the following information about the co-operation of the Government of the Sudan was provided: At the end of November last year, a fifteen year-old boy, seeking protection , came to UNICEF's attention in the southern Sudanese city of Juba. He had been abducted form Northern Uganda and had escaped from the LRA. Over the next several weeks, we learned of the existence of an additional sixteen 'persons of concern' as they are known in the language of the international humanitarian law. There were twelve children between 12 and 17, two infants and three adults. They had all escaped, and were all in hiding in Juba. I want also, Mr. Chair, to acknowledge, with gratitude, the assistance of the Government of Sudan. As a government, they had to make certain understandable enquires of their own. But the Vice - President of Sudan told us that at the point he was informed, that Sudan would observe all of the necessary humanitarian requirements. And the government did. And the children are home.
