Reply to List of Issues : Sudan. 24/06/2000.
. (Reply to List of Issues)
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Twenty third session
Geneva,14 August-1 September 2000
Item 6 of the provisional agenda


CONSIDERATION OF REPORTS
Initial report of Sudan (E/1990/5/Add.41)

Sudan: Replies to the List of Issues (E/C.12/Q/SUD/1)


MINISTRY OF EXTERNAL RELATIONS
DIRECTORATE GENERAL FOR INTERNATIONAL AFFAIRS
DEPARTMENT OF HUMAN RIGHTS AND WOMEN'S AND CHILDREN'S AFFAIRS

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

1. GENERAL INFORMATION

A. Status of implementation of the Covenant


With reference to document E/C.12/Q/SUD/1 of 13 December 1999 concerning implementation of the International Covenant on Economic, Social and Cultural Rights, which contains the list of issues to be taken up by the Committee on Economic, Social and Cultural Rights in connection with its consideration of the initial report of the Sudan on the Covenant, we should like to make the following comments on the list of issues in general before embarking on the replies:

- The Republic of the Sudan wishes to emphasize its commitment to the International Covenant on Economic, Social and Cultural Rights and to all other international and regional instruments and conventions which it has ratified. This is the starting point for the Sudan's replies to the issues contained in the said list.

The Republic of the Sudan wishes to draw the attention of the esteemed Committee to the following observations:

- The party responsible for drafting the list of issues has conspicuously avoided use of the fitting manner of address for a sovereign State which has been a Member State of the United Nations since the mid-1950s and which has been successively governed by all kinds of pluralistic, democratic, military and broad regimes, and most recently by a revisionist revolutionary command that is now establishing the rule of order, law and democracy. Throughout this period and the succession of these regimes, no committee of the United Nations has ever linked the Government of the Sudan with the name of a political party such as occurs in paragraph 48 of the list of issues, which refers to a requirement to "reflect government and National Islamic Front (NIF) policies". The Government of the Sudan rejects this manner of address by the esteemed Committee; its name of address as employed by the United Nations is also the name of address which should be employed by the Committee.

- The language in which the list is written is clearly that of specific political sides that are opposed to the Government of the Sudan, a language which is employed by those sides in the course of their dealings. As a result, the list contains a host of errors and contradictions, conflicting even with the provisions of the international instruments and charters which should be treated with the same measure of respect, such as the right of sovereignty of States and the International Covenant on Civil and Political Rights.

- We note that the questions raised in the list of issues are not set out in the manner of a party who is seeking to inquire into the facts. On the contrary, they are posed as accusations that are assumed to constitute an indisputable truth and a firmly established fact on which comment is demanded. This would suggest to the reader that the party responsible for drafting the list is biased against the Government of the Sudan, which is incompatible with the impartiality that is presumed to exist in the organizations and agencies with which the United Nations is associated.

- A criticism of the list is that it is based on information furnished by obscure sources which are never clarified and some of which are attributed with the quality of trustworthiness, even though, contrary to the practice followed by the United Nations, they are not identified by name.

- It would appear from the context of the questions that the party responsible for drafting the list failed to consider the political, social, cultural and economic developments and changes which have taken place in the Republic of the Sudan since 1989. It would also appear that it similarly failed to examine the periodic reports on the Sudan published by United Nations organizations, such as the United Nations Children's Fund (UNICEF), the World Health Organization (WHO), the International Labour Organization (ILO) and the Office of the United Nations High Commissioner for Refugees (UNHCR), as well as the reports of special human rights envoys, the European Union and so on. As a result, most of its questions are outdated, having been eclipsed by the progression of time.

- The Government of the Sudan thus affirms its earnest cooperation with the esteemed Committee and wishes to reiterate its confidence that the latter will take into account all of the developments and progress achieved during the past five years, as well as the Sudan's compliance with the obligations to which it assented under the International Covenant on Economic, Social and Cultural Rights.

1. The deadlock between the international finance institutions and the Sudan has shifted; in both August 1999 and March 2000, the International Monetary Fund pronounced that the Sudan was now a State which cooperated with the Fund.

Despite the fact that the Sudan is still burdened by the debts owed to international organizations such as the World Bank, the International Monetary Fund and other lender institutions, it has been able to undertake various economic, social and cultural tasks relating to implementation of the International Covenant on Economic, Social and Cultural Rights, exemplified as follows:

(a) Several bridges have been constructed in the 26 states of the Sudan. One of the major bridges constructed in the year 2000 was the Omdurman bridge, which links the city of Khartoum with Omdurman, thus facilitating the movement of citizens and goods, as well as contributing to economic and social development and cultural communication.

(b) Numerous roads have been constructed throughout the Sudan, such as the relief road, the northern arterial road, the challenge highway and the peace highway, the combined length of which amounts to hundreds of kilometres. These national roads contribute to enjoyment of the right of movement, to the mobilization of the economy and to the development of the country as a whole.

(c) Currently covering 17 states, an integral health insurance scheme has been established for all government employees and workers in the private sector and all citizens.

(d) Clinics admit emergency cases at the expense of the State.

(e) The State pays the living costs and tuition fees for a number of students in universities and higher institutes.

(f) Through alms-tax obligations and solidarity funds, the State provides assistance to impoverished families and displaced persons and offers support to those harmed by natural disasters and armed conflicts.

(g) The State has been able to inoculate over 90 per cent of all children in the Sudan.

2. According to statistics produced by the Office of the Commissioner for Refugees in the Sudan, an estimated number of 394,360 Sudanese citizens have sought refuge abroad, mostly in neighbouring States such as Uganda, Kenya and the Democratic Republic of the Congo, as a result of the civil conflicts in the south of the country. Some groups of these refugees have also emigrated in pursuit of education and work (Egypt).


Distribution of Sudanese refugees in neighbouring States

State
Number

Kenya
64 300
Ethiopia
70 000
Central Africa
30 000
Uganda
145 000
Egypt
8 000
Democratic Republic of the Congo
72 060

Total
394 360



Source: Office of the Commissioner for Refugees, Ministry of External Relations, 1999.

The State is exerting its utmost efforts for the return of refugees, a number of whom it has repatriated from neighbouring States, including Egypt, Kenya and Eritrea. Discussions have been held with a view to arriving at a comprehensive solution to the political problem and various peace settlements have been concluded, such as the Khartoum Peace Agreement, the Fashoda Agreement, the Nuba Mountains Peace Agreement, the Blue Nile Peace Agreement and the Homeland Call, a conciliation agreement signed in Djibouti at the beginning of 2000 which resulted in the immediate return of elements and leaderships of the Umma party, headed by Al-Sadiq Al-Mahdi, the former prime minister. The State pursues the method of constructive political dialogue and national conciliation with a view to the return of refugees. A general amnesty was proclaimed for any person who bore arms and returnees are provided with material assistance. Given the proportion of refugees to the total number of inhabitants, which stands at 30 million, the phenomenon of seeking refuge is not regarded as extensive in comparison with what is happening is neighbouring States and elsewhere. As such, it is attributable to the presence of the armed rebellion, which has waged war against the country since 1955 and prior to independence, and to the incidence of natural disasters, which causes a rise in the number of refugee cases as defined in the African Charter for Refugees, ratified by the Sudan. The State has declared a general amnesty for anyone bearing arms, as well as a comprehensive ceasefire, and government forces are prohibited from bombing areas which are inhabited by civilians.

3. Accurate statistics are currently unavailable on the States which provided financial assistance to the country and on the uses made of such assistance during the past five years, apart from that provided through the programmes of Operation Lifeline. Such assistance, however, is extremely limited; in 1999, it amounted to approximately 2.8 per cent of the overall expenditure.


B. General legal framework within which human rights are protected


4. It is not true that torture is an extensive phenomenon in the Sudan. In conformity with the international instruments ratified by the Sudan, the Sudanese laws currently in force punish torture, as stated in articles 129-144 of the Criminal Act. Article 20 of the Sudanese Constitution expressly stipulates as much in that every person has the right to life and dignity of honour and may not be subjected to humiliation or torture. The courts apply the law to any person who is proven guilty of performing acts of torture. The National Security Act of 1994 was abolished and a new law promulgated, namely the National Security Act of 1999, pursuant to which the security authorities were scaled down and placed under the control of the judicial authority and the authorities of the Office of the Public Prosecutor. Detention camps were also emptied and currently there are no political detainees in the Sudan.

5. The question fails to identify the non-governmental organizations from which the information was obtained. It has been established that a few of these organizations exploit human rights in order to carry through their political agendas, which is incompatible with the principles of defending human rights. The question also fails to identify these political prisoners, of whom there are none in the Sudan, and equally fails to specify either the crimes imputed to them or the civil law to which it refers. A more detailed reply can be given once the question has been formulated with the necessary precision. Pursuant to the Evidence Act of 1993, which exacts high standards of proof of the commission of a crime, it is difficult to lay false charges against any person unless conclusive evidence is furnished. In accordance with article 18, paragraph 1, of the International Covenant on Civil and Political Rights, everyone has the right to freedom of thought, conscience and religion, whether individually or in community with others. Only since 1983 have the provisions stipulated in Islamic law been applied in the 16 states in the north of the Sudan, where the proportion of Muslims is over 95 per cent of the total number of inhabitants. The Islamic Penal Code, however, does not apply to the 10 states in the south of the country, as the majority of its inhabitants are non-Muslims, as indicated in article 5, paragraph 3, of the Criminal Act of 1991. The Constitution of the Sudan was approved by referendum and first came into force in July 1998, when it acquired legality.

As for the non-Muslims in the north, the laws guarantee their religious rights and their own particular cultural and social characteristics. The law makes no legal distinction between them in any deed or practice and they enjoy their fundamental rights as stipulated in the human rights instruments which have been ratified.

6. Article 101, paragraph 1, of the Constitution of the Sudan provides for the independence of the judiciary. The Supreme Council of the Judiciary, the affairs of which are administered in accordance with the Judicial Authority Act, nominates the Chief Justice, who is approved by the President of the Republic. As stated in article 99 of the Constitution, the judiciary is independent. The question fails to identify the certain non-governmental organizations to which it refers and from which the information was obtained. It should be noted, however, that the National Islamic Front (NIF) mentioned was dissolved in 1989.

7. The Human Rights Advisory Council was established in 1994 pursuant to a presidential decree. Its membership comprises all the various governmental and non-governmental parties connected with matters of human rights and it receives complaints of human rights violations from inside the country and abroad, which it investigates and decides as to their soundness in accordance with the laws of the country and the international conventions to which the Sudan has acceded. On concluding its examination of the cases referred to it, it presents the measures to be taken to the various parties which implement them. The Council has never faced any difficulty in connection with the failure of the executive branch to comply with recommendations which it submits concerning procedures to be taken in accordance with the requirements of the law. The Special Rapporteurs on human rights, such as Mr. Leonardo Franco and Mr. Abid Hussain, the Special Rapporteur on the promotion and protection of the right to opinion and expression, both of whom visited the country in the year 2000, have confirmed the competence of the Council and its pioneering role in strengthening and developing human rights in the Sudan.

8. A priori, many Islamic and Arab States - and not the Sudan alone - derive the bases of their legal systems from Islamic law and are careful to ensure that the provisions of their constitutions are not incompatible with that law in order to avoid any conflict between the legal status and their beliefs. This right is stipulated in article 18 of the International Covenant on Economic, Social and Cultural Rights. In accordance with the provisions of the Constitution of the Republic of the Sudan of 1998, all the provisions of the International Covenant on Economic, Social and Cultural Rights, ratified by the Sudan, are taken into account in the Constitution.

The international conventions and treaties ratified by the Sudan, such as the International Covenant on Economic, Social and Cultural Rights, have been translated into legal provisions. Chapter II, articles 20-34, of the Constitution contain provisions in connection with freedoms, sanctities, rights and duties, in which regard no conflict arose with the Constitution. In the event of a contradiction between the Constitution and the Covenant, a draft of the required amendment is submitted to the National Assembly (Parliament), which is the authority competent to make amendments to the Constitution and law in the Sudan in accordance with the country's unchanging factors and inherited traditions.


C. Information and publicity concerning the rights covered by the Covenant


9. Human rights are included in the curricula of the schools and universities in the Sudan. The International Committee of the Red Cross (ICRC) provides training courses for the armed forces and some of the other regular forces responsible for maintaining security and order. In 1998, the Human Rights Advisory Council, in cooperation with a Netherlands human rights agency, held training courses and seminars on human rights for a number of lawyers, judges, civil servants and representatives of the Office of the Public Prosecutor, the regular forces and the security forces. During 1999 and 2000, the Committee for the Eradication of Abductions of Women and Children, in cooperation with UNICEF and the British organization, Save the Children, also held training courses and seminars on human rights subjects in various towns in the different states of the Sudan. In addition, an agreement was recently signed, in March 2000, with UNHCR in Geneva that includes the provision of assistance and technical support to the country in the field of human rights. National television and radio regularly arrange human rights seminars and there are several voluntary organizations working in the field of human rights in the Sudan which also arrange training courses and seminars on human rights.


II. ISSUES RELATING TO THE GENERAL PROVISIONS OF THE COVENANT
(articles 1-5)

Article 1. The right of self-determination


10. The Constitution of the Republic of the Sudan came into effect on 1 July 1998. The Khartoum Peace Agreement signed between the Government of the Sudan and six of the rebel factions in 1997 forms part of the Constitution, to which it is annexed pursuant to article 137, paragraph 2, thereof. This Agreement provides for the right of self-determination. The Islamic Penal Code does not apply to the southern states, as stated in our reply to the question in paragraph 5 above. The Government is committed to this Agreement and is awaiting a referendum following completion of the necessary arrangements in accordance with its provisions. (As requested by the Committee, a copy of the Constitution of the Republic of the Sudan is annexed hereto.)


Article 2 (2). Non-discrimination


11. Please provide details of what is required so that we may give an accurate reply.

12. Please provide specific details of the Catholic centres of worship to which reference is made, although it should be noted that these allegations have no basis in truth. No Catholic or other establishments have been demolished. The Sudanese State Minister for External Relations, Bishop Gabriel Roric, who is the patron of the episcopal church in the Sudan, made no mention of any such matter, which would be of religious and national significance to him.

During the period 1989-1999, 336 churches and places of worship were authorized in the 16 states in the north of the country and over 700 individual houses of worship were randomly built in different parts of the state of Khartoum and in the camps for refugees and displaced persons, without the authorities having raised any objections.

13. In the Sudan, the Arabic language is the only written national language of communication spoken by all citizens in the north and south. Although there are several tribal dialects which tribal groups use to interact among themselves within the framework of the family, they are not written languages and have no fixed rules. It should be noted, however, that the Constitution guarantees minorities the right to educate their children in such language as they please, pursuant to article 27. The same applies to religious attributes, indigenous language instruction and particular cultures. Both national and state radio and television stations broadcast programmes in local dialects and there is no discrimination in regard to the use of specific languages.

14. As mentioned at the beginning of this report, the question fails to identify the trustworthy sources of information mentioned. In general, the cause of this war is not ascribed to the current Government of the Sudan or to the national Governments following the country's independence, as it began in 1955, prior to independence and prior to the application of Islamic law. Essentially, the immediate cause of the war is attributable to the oppressive colonialist policies, under which laws were imposed that closed off the south of the Sudan and deprived it of development, growth and communication as from the 1920s, thus resulting in its underdevelopment. As for political relationships and social, economic and cultural rights, these are provided for under articles 20-34 of the Constitution of the Republic of the Sudan, as stipulated by the Government of the Sudan in the Charter of the Declaration of Principles announced between the Government of the Sudan and the Sudan People's Liberation Movement (SPLM), led by the rebel, John Garang, during the peace talks held within the framework of the Inter-Government Authority on Development (IGAD) on 20 May 1994. Pursuant to article 5, paragraph 3, of the Criminal Act of 1991, the southern Sudan is excluded from the provisions of Islamic law, as also stipulated in the Khartoum Peace Agreement. The Government declared a general amnesty for any person who bore arms and also concluded conciliation agreements with all the other opposing factions. It permitted the establishment of political parties and called for a pluralistic democracy. It was successful in its efforts aimed at returning most of the leaderships and forces of the armed opposition to the country and continues to pursue efforts to assimilate everyone under a free democratic system governed by law and order.

All citizens in the Sudan are able freely to practice religious rites and ceremonies throughout the whole of the country.

15. (a) The Criminal Act of 1991 applies to Muslims only, as the southern Sudan was excluded in that connection. The Sudanese Evidence Act is clear in that no one is sent for trial unless there is reasonable corroboration of the charges beyond mere suspicion.

(b) The Prison Regulations of 1991 govern the operation of prisons and do not discriminate in the treatment of prisoners at any level. The situation of prisons in the Sudan is considered superior to that in many States in similar circumstances and was commended by the Special Rapporteur on the situation of human rights in the Sudan in a paragraph of his report of 17 May 1999 in the context of his visit to a number of prisons.

(c) The Constitution of the Republic of the Sudan guarantees freedom of belief and the freedom to embrace religious creeds. The Voluntary Action Regulation Act of 1998 also stipulates freedom of action for all voluntary and other organizations which fulfil the required conditions.

As for the 1998 Constitution, please specify the article which states that shariah law and "tradition" are the main sources of legislation.

There are no laws which distinguish between Muslims and non-Muslims. Sudanese nationality and all rights and duties are based on citizenship and equality pursuant to article 21 of the Constitution passed in 1998.

In accordance with the provisions of the law and the Constitution, there is freedom of belief, thought and expression in the Sudan (see articles 19-34 of the Constitution).

(d) The Sudanese laws currently in force contain no reference to the right of any person to adoption.

16. The Sudan is a signatory to the Convention relating to the Status of Refugees of 1951 and its Protocol of 1967, and to the African Charter for Refugees of 1969, which regulate the status of refugees in the Sudan. It is also a signatory to agreements concluded with the organizations and specialized agencies of the United Nations, such as UNHCR.

In 1994, the Sudan signed an agreement with UNHCR concerning the voluntary return of refugees. The law regulates the possibility of permanent residence or settlement and permission for refugees to work.

Since 1987, the number of refugees and asylum-seekers has fallen from 1,065,000 to the current number of 935,693. This figure does not include the recent influxes of refugees from the Ethiopian-Eritrean war, whose numbers are estimated at approximately 100,000. At 10 June 2000, 75,951 refugees had registered as asylum-seekers. Most of the refugees in the Sudan are from neighbouring States such as Ethiopia, Eritrea, the Democratic Republic of the Congo, Uganda and Kenya. The Government of the Sudan shoulders 90 per cent of the overall cost of refugees, as international assistance for refugees is constantly declining. There are some 29 permanent refugee camps in the Sudan which are provided with essential food, education and health services and basic social amenities in accordance with international criteria and standards.

The Sudan is firmly committed to the international, regional and local instruments concerned with guaranteeing the rights of refugees as contained in such instruments. It grants the right of territorial asylum and asylum-seekers from non-neighbouring States are well treated while awaiting the decision in regard to the acceptance or denial of their applications. In cases where applications are denied, the Sudanese Government facilitates communication with States, embassies and organizations with a view to assisting asylum-seekers in finding a State to accept them as refugees. A refugee may also appraise his position in terms of his relationship with his own State. If he believes that he is unable to contact the embassy of his State in order to enjoy its protection and return to his country of origin, he becomes an alien. His refugee card is withdrawn and he is referred to the Department of Alien Control in regard to the change in his legal status. As for a change in legal status from refugee to citizen, it is dependent on the refugee's submission of an application that satisfies the conditions relating to nationality (naturalization) in accordance with the Sudanese Nationality Act of 1993.

Article 14 (d) of the Refugee Regulation Act of 1974 states that: "A refugee shall be permitted to work in activities other than those cited in paragraph 1 of this article once he has obtained leave to do so from the Department of Labour in the form of authorization from the Ministry of the Interior." In accordance with that Act, a refugee may be employed in any occupation, position, industry or activity other than those relating to the security of the country and national defence.


Article 3. Equality between men and women


17. (a) The Labour Act makes no distinctions between men and women in regard to public duties, whether political or practical, as they are equal in terms of salary and the holding of public office. Islamic law and the Inheritances Act apply to all Muslims in accordance with their religious conviction, as guaranteed by the Universal Declaration of Human Rights in connection with matters of their creed and religion. Islamic law is not imposed on non-Muslims in matters of personal status.

(b) See the reply in 17 (a) above.

(c) Proceedings relating to divorce, marriage and personal status are left to the individual religious, social and cultural communities. The Personal Status Act of 1991 regulates the cases mentioned.

(d) This is not stated in any law. In order to safeguard their religion, however, Muslim women marry Muslim men, who recognize their enjoyment of the right to profess a religion. Muslim men also marry Jewish and Christian women, as Islam recognizes these two monotheistic faiths and permits their adherents to practice their rites and ceremonies within Islamic society, as stipulated in the Constitution and the laws of the Sudan.

(e) Women are not prohibited from travelling abroad by any law. Travel by Sudanese women is, however, subject to controls which certain States stipulate as a requirement for women intending to enter their territory.

(f) Sudanese women are more widely represented in the public service in the Sudan than their counterparts in countries which are in similar circumstances. In general, the number of women in various government ministries is appreciable and still growing. In some universities and higher education establishments, the percentage of women exceeds that of men. A quota is allocated for women in parliament and the position of advisor to the President of the Republic is occupied by a woman at the rank of federal minister, as are the positions of minister and State minister and positions in the judiciary, the Supreme Court, health facilities, the police and so on.

18. Please provide us with detailed reports of these cases so that an accurate reply can be given. The treatment of domestic workers is regulated by the Domestic Workers Act of 1952.


III. ISSUES RELATING TO SPECIFIC RIGHTS RECOGNIZED IN THE COVENANT
(articles 6-15)

Article 6. Right to work


19. In regard to the provision of statistics on the numbers of the unemployed in the various departments or states of the Sudan, according to 1996 statistics, the unemployment rates stood at 15.7 per cent in rural areas and at 19.6 per cent in urban areas according to the 1998 strategic report of the Sudan.

Proposed solutions:

The economy should be improved and additional work opportunities created by opening up and promoting investment. The State subsidizes university graduates with a view to the establishment of projects through private endeavour. In the 1999 budget, 125 million dinars was spent on implementing 169 projects from which a large number of graduates benefited.

20. The allegations that the Sudan supports the Ugandan opposition and abducts children are absurd and have no basis in truth. What happened is that the Ugandan opposition group abducted a number of Ugandan children from the border areas between the two countries and took them to regions in the south of the Sudan which are controlled by the rebel movement led by John Garang. The Sudanese Government did its utmost, particularly following the agreement concluded after the Nairobi summit meeting between the presidents of the two countries in December 1999, to arrive at a solution with the Ugandan opposition. Recently, in conjunction with UNICEF, UNHCR and a number of voluntary organizations, the Government handed over a total of 73 children who were returned to their families in Uganda, for which the Sudan received the gratitude of the Secretary-General of the United Nations (UNICEF reports on Ugandan children).

21. The Committee for the Eradication of Abductions of Women and Children was formed and identified the names and whereabouts of some of those who had been abducted. This Committee operates under the auspices of the Human Rights Advisory Council. Several abducted persons were handed over to their families in the Sudan through UNICEF and voluntary organizations, such as the British organization, Save the Children. The Human Rights Advisory Council issues a regular bulletin of the results achieved and the Council publishes regular reports setting out the measures which it has undertaken (reports of the Committee for the Eradication of Abductions of Women and Children).


Article 7. The right to just and favourable conditions of work


22. In order to reply to this question, it is necessary to specify the cases and persons concerned in an accurate and scientific manner.

23. The Labour Act of 1997 guarantees this right and carries out an annual wage review through the Higher Council for Wages, which comprises representatives of workers, employers and the Government. Workers enjoy the rights provided for in the Public Service Act of 1994 and the Labour Act of 1997. The law permits the workers represented in the trade unions to set up investments that bring economic and social benefits, such as the National Workers' Bank, the group housing from which some 85,000 workers have hitherto benefited, the World Economic Institution and the Workers' Cooperative Institution. The trade union leaders who are elected every four years from the worker rank and file enjoy immunity from detention and expulsion. An employer may not transfer elsewhere any member of a trade union or trade union committee throughout the period of their elected office or penalize them for reasons relating to the administration of trade union work. The Government is vested with no powers to intervene in trade union work, which would be deemed contrary to the Constitution. Any disputes are referred to the courts. As from January 2000, the Higher Council for Wages directed an increase of 45 per cent in the wages and salaries of all workers. The State budget of 1999 also comprised an increase of 60 per cent in the salaries and wages of State workers. Workers have several privileges which are guaranteed by law, such as living allowances, health insurance and indemnity for work accidents. The law regulates employer and employee relations.

24. The question apparently refers to the Labour Relations Act, which has been abolished. The Labour Act of 1997 eliminates all wage disputes and differences and its application to the labour laws in force in the country is a requirement, as is its application to the minimum wage in effect at the time when a contract is concluded. The law lays down various measures, the ultimate of which is a six-month term of imprisonment and a fine for any person who contravenes the rights of workers, as stipulated in article 26 of the Labour Act. There are special courts for labour- and worker-related issues which render judgement on the labour matters referred to them. There is also a special law relating to domestic workers that is fully consistent with the Labour Act.


Article 8. Trade union rights


25. The Higher Council for Wages, the membership of which includes representatives of workers, employers and the State, decides all wage-related issues. There are laws which regulate negotiations between the Government and trade unions and the establishment of occupational trade unions is permitted by law. The absence of strikes is not regarded as evidence of an absence of democracy. The regulations in a number of States, for instance, do not permit government employees the right to strike. Approximately 11 strikes, however, have taken place during the year. The Sudanese Labour Act prohibits strikes while negotiations are under way between the parties in dispute, as well as during the stage of conciliation between the parties and during the stage of arbitration. Article 99 stipulates that employers may not negotiate with a groups of workers on disputes in cases where an elected and legitimate trade union has been chosen by the workers. Article 105 of the Act also provides for the legitimacy of negotiation and article 106 provides for conciliation. Any unsettled disputes are referred to arbitration in accordance with article 107 of the Labour Act and a council is formed under the presidency of a divisional judge and the membership of four others chosen by the parties to the dispute.

26. For a reply to the question, the names of these leaders should be specified, together with the dates of their arrest, the area in which it took place, the arresting authority and the type of punishments handed down to them.

27. The number of workers in the Sudan Workers Trade Union Federation is about 2.5 million and the proportion of women workers is about 45 per cent. The Sudan Workers Trade Union Federation comprises 26 state unions and 14 general unions.


Article 9. The right to social security


28. The system of social security (statistics) and the number of persons covered by the system?


Article 10. The protection of the family, mothers and children


29. Violence, harassment, rape and sexual abuse are crimes punishable under the 1991 Criminal Act. Articles 143, 144, 149 and 156 deal with the individual cases which may occur in military camps. In addition, there are voluntary organizations which perform the role of monitoring and control and report any infringements that take place.

Articles 149 and 166 of the Criminal Act of 1991 refer to the sexual abuse of women in any location and article 34 of the Constitution provides that any aggrieved person has the right to institute proceedings in the Constitutional Court with a view to protection of the fundamental freedoms stipulated in the Constitution or in the event that fundamental freedoms are denied. Article 20 of the Constitution also stipulates that no person should be subjected to degrading treatment or torture. The statement that violence against women is widespread in the country is untrue. Similarly, rape rarely happens in the Sudan, being contrary to Sudanese morals and a crime punishable under Sudanese laws.

30. The State takes care of women and children, sets up camps and defrays their cost. The Council for the Eradication of Abductions of Women and Children was also established in the Human Rights Advisory Council in May 1999 with a view to protecting women and children, reuniting them with their relatives and devoting attention to their problems. Furthermore, the State established a peace advisory bureau, which is attached to the Office of the Presidency of the Republic and which formulates various measures and plans aimed at helping vulnerable and needy families, particularly mothers and children. Additionally, there is the Institution for Development and Peace which is run by an official of ministerial rank who is chosen by the states of the south to put the plans and assistance into practice, as well as the Ministry of Engineering Affairs in the state of Khartoum, the Ministry of Social Planning and a number of voluntary and charitable organizations which provide shelter and basic services to those who need them.

31. See the reply in paragraph 30 above.

32. There is no truth in this accusation. These camps and their locations should be specified so that a reply can be given.


Article 11. The right to physical and mental health


33. There are country-wide programmes to subsidize impoverished families. In the general budget of 1999, the State outlaid 997.3 million dinars from which large numbers of needy and underprivileged families benefited. The Savings Bank, the National Workers' Bank and the Social and Popular Development Bank provide loans to underprivileged families on easy terms. The Real Estate Bank also builds homes on easy instalment terms for underprivileged families and the alms-tax programmes play a similar role. In 1998, the alms-tax obligations subsidized 78,673 families. The programmes of the other social solidarity funds also play a similar role. The State makes way for voluntary organizations to support the poor and also subsidizes electricity, water, food and medical treatment.

In 1999, the proportion of spending on health amounted to 3 per cent of the total budget expenditure. Actual spending on the item of subsidy for foreign medical treatment amounted to 211.7 million dinars for cases of illness that are difficult to treat inside the country. In 1999, the item of foreign medical treatment was subsidized by about 50 million dinars in order to meet the growing demands for such treatment. In the same year, the spending on health insurance subsidies for all citizens amounted to 212.9 million dinars, despite the country's difficult economic circumstances and despite the fact that the incoming flow of loans, grants and gifts from various sources had dried up. (Report on the performance of the general State budget for the 1999 financial year, p. 82.)

34. Inflation fell from 60 per cent five years ago to about 14 per cent and recently to 9.5 per cent in June 2000. Domestic gas prices also fell by 50 per cent for the first time in the history of the Sudan. The State is endeavouring to overcome the harmful effects of inflation by conducting an annual review of the structures of wages and salaries in conjunction with the Higher Council for Wages.

As for the average income in the government sector, the minimum wage is 3,500 dinars, which is applicable to the contracts of workers in both the public and private sectors.

The average income in the private sector is approximately 5,000 dinars.

35. The reply concerning citizens made homeless by the war has been provided in paragraph 31 above. As for the housing measures taken by the State, a ministry of engineering affairs has been established in the 26 state governments and committees consisting of members of the public and officials have been formed to draw up and implement housing plans in the different states.

As evidenced in the national capital and in the various states, millions have benefited from the housing plans, from which no eligible individual was excluded. There is a system for organizing villages and makeshift housing, planning residential sites and providing essential basic services, in addition to which there is the institution of the Sudanese Housing Bank.

For its part, the State distributed land for residential purposes to all those entitled to it who so desired. Most displaced persons are temporarily accommodated in camps which are provided with essential water and electricity supplies and basic medical treatment and education services. Some displaced persons who do not wish to live in the camps are taken in by their relatives and other are provided with the opportunity of work in their areas of location.

36. Most of the support which the State receives from the United Nations is distributed through the programmes of Operation Lifeline Sudan. In the main, the funds needed to undertake long-term work are unavailable owing to the lack of resources. The State is endeavouring to persuade the United Nations Development Programme (UNDP) to undertake long-term projects to eradicate the problem of poverty and the State is working with WHO and UNICEF in the area of childhood and maternity, with the support of the United Nations Centre for Human Settlements.


Article 12. The right to physical and mental health


37. The custom of female circumcision made its way into the Sudan from the Egypt of the Pharaohs. Rejected by the religion of Islam and by science, it is punishable by law. The State is making efforts to eradicate it through education and raising awareness of its harms and a national committee to combat harmful customs has been established. Female circumcision is deemed contrary to the Sudanese laws currently in force. Comprehensive awareness-raising in this area is carried out through lectures, through the training of midwives and nurses and through women's unions. This practice has noticeably fallen in a number of towns, villages and rural areas in the Sudan. Statistics will be provided to the Committee as soon as they become available.

38. The State is doing its utmost to improve the health situation of citizens. There is a health insurance scheme which provides treatment for all workers in the public and private sectors, as well as for citizens in general and students. The health situation is expected to improve with the provision of additional funds to the State, which has recently announced plans to deal with the problem of supplying life-saving medicines to the poor by means of alms-tax obligations, solidarity funds and direct State subsidy.

As at 1997, the number of hospitals in the Sudan stood at 274, providing 22,656 beds. There are 0.9 hospitals and 79 beds for every 100,000 inhabitants according to the statistics contained in the 1998 strategic report of the Sudan.


Percentage of immunization of children aged under five during
the period 1989-1999


YearPer centYearPer cent

198940.0199573.6
199062.3199680.0
199162.3199785.0
199252.6199893.0



Source: 1998 strategic report of the Sudan.

39. In the 1999 budget, the government expenditure on health amounted to 3 per cent of the overall expenditure.


Rates of government expenditure on health during the period 1986-1994


Year
Percentage of the gross domestic product
Percentage of government expenditure

1986-1987
0.5
2.9
1987-1988
0.3
2.1
1988-1989
0.3
2.2
1989-1990
0.3
2.2
1990-1991
0.2
2.2
1991-1992
0.1
1.0
1992-1993
0.1
0.6
1993-1994
0.1
0.1


Source
: 1998 strategic report of the Sudan, p. 519.


Articles 13 and 14. The right to education


40. In the 1999 budget, government expenditure on education amounted to 9 per cent of the total expenditure.

41. The compulsory education age was raised from 12 to 14 years and the tasks of education in the basic stage were entrusted to the local government authorities. The school curricula in the Sudan have been developed in accordance with the recommendations of the Conference on National Education to include a curriculum for teaching human rights. Arabization has been a strategic national goal of the Sudan since the early days of independence. Arabic was the language of instruction until the days of Anglo-Egyptian colonialist rule (1989-1956). Now that over 30 universities and hundreds of higher secondary and other schools have been opened, the student intake capacities have increased considerably and the pass rates for higher academic certificates have improved.

Religious subjects in the schools of the Republic of the Sudan are not confined to a specific religion. On the contrary, Christianity is a subject taught to students and the different foreign and religious communities receive special instruction. Before the country's independence in 1956, instruction was given in the Arabic language, whereas it is currently given in Arabic and English in some universities and in the basic stage, and in French in the secondary stage. The Constitution permits groups with specific cultural identities to educate their children and administer their schools as they wish.

42. Sudanese laws provide that Sudanese citizens having attained the age of 18 years should take part in national service, as in all countries of the world. University and secondary school graduates having attained the age of 18 years are required to perform national service, normally following completion of the academic stage, although service may be deferred in accordance with the circumstances of the person concerned. Exemption is granted in certain cases where the conditions remain unfulfilled, as well as in the case of an only son, persons with a disability and persons who have not yet attained the age of 18.

43. Conscription for military service begins from the age of 18 in accordance with the laws of the Sudan and national service is provided for in the laws and regulations in that connection.


Article 15. The right to take part in cultural life and to participate
in the benefits of scientific progress


44. The Ministry of Culture and Information is the authority responsible for cultural activities. In the 1999 budget, 3 per cent of the overall general expenditure was earmarked for cultural activities. Various research centres, public libraries, museums, exhibition halls, theatres, cinemas, universities and schools are engaged in the fields of research and culture. Several public libraries have been revitalized, such as the Quba Library in the centre of Khartoum, the Bashir Al-Rayyih Library in the national capital of Omdurman, the Barir Centre and the Abdul Karim Mirghani Centre. There are also a number of foreign centres which are attached to embassies.

45. The Government of the Sudan encourages the cultural life of the different cultural and religious groups. Article 25 of the Constitution gives citizens the freedom to pursue knowledge and adopt any doctrine of opinion or thought without coercion. It also guarantees the freedom of expression, information, publishing and the press. Article 27 guarantees the freedom of the different groups to preserve their culture, language and religion. There are various cultural groups, folk groups and singing groups which spread tradition and which are given opportunities to work in theatres and to stage performances in public venues and become known through the radio and television, theatre and the general press. The Council for Literary and Artistic Works protects authors and their copyright in accordance with the laws on the protection of intellectual property and the Bern Convention in conformity with the conditions stipulated by the World Intellectual Property Organization (WIPO), of which the Sudan enjoys membership. There is also the Authors' and Copyright Protection Act of 1998 in addition.

46. In the Sudan, there are 18 daily newspapers and 10 magazines and periodicals, as well as radio and television corporations which cover the 26 states and over 30 universities country-wide. The law permits freedom of information, publishing and the press. Internet cafés are prevalent in a number of major towns and the company Sudanet offers an extremely wide range communications, as the State reduces customs duty on communications and computer equipment and also permits the importation of satellite dishes to the Republic of the Sudan, where there are many private and commercial satellite stations.

47. The National Council for Press and Publications has the task of considering press and publication problems and issues and ensuring that the practices and morals of the profession comply with the law. Amendments submitted to the Council by the Union of Journalists or other bodies may be examined with a view to guaranteeing the privileges granted by law to journalists, publishers and others. The membership of the Council includes a journalists' union, members of parliament and representatives of the Ministry of Culture and Information. The Council maintains a register of qualified journalists who have passed examinations in professional journalism that is administered by the Union of Journalists in the Sudan.

48. The National Radio Corporation and the National Television Corporation are two government bodies which are supervised by the Government of the Sudan through the Ministry of Culture and Information. Some 26 state radio and television stations are administered by the state governments. These stations disseminate the cultures and heritage of the different states and are run by state inhabitants. They are permitted freedom of thought, expression and publication. The same applies to the opinions of the 19 political parties currently registered. No information is concealed from citizens other than that which is harmful to the country's national security or which incites strife or propagates racial or religious pride, terrorism or the like. Khartoum's international television station also provides services to citizens, transmitting as it does over 13 international television channels for a reasonable charge.

49. Various foreign press publications, such as the Economist, Newsweek and Time, are available in the country and the British Broadcasting Corporation (BBC) transmits its programmes through the FM station in Khartoum. No press is prohibited other than in the context of matters which conflict with the laws of the country. All of the different town and rural areas of the Sudan have places where cassette tapes, video tapes and CD-ROMs can be played and recorded.


©1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland