CRES\004\4\2015: RESOLUTION ON SUDAN

CRES\004\4\2015: RESOLUTION ON SUDAN
We, the participants of the Forum on the Participation of NGOs in the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 30th African Human Rights Book fair held in Banjul, The Gambia from 16th to 19th April 2015;
Consideringthe provisions of the African Charter on Human and Peoples’ Rights and other regional and international human rights instruments to which the Sudan is a state party and to which Sudan is legally bound to fully and effectively implement the provisions of these instruments, and respect and promote the human rights and fundamental freedoms set therein without discrimination on any ground;
Appreciating efforts made by the African Commission on Human and Peoples’ Rights to address the situation in Sudan and recalling in this regard previous resolutions adopted by the Commission on the situation in Sudan since its 35th Ordinary Session held in Banjul in May – June 2004,
Noting the failure of the government of Sudan to fully implement the Commission’s successive recommendationsand Concluding Observations, including on Sudan’s Third Periodic Report as well as past decisions in which the Commission, inter alia, requested the government of Sudan to improve the human rights situation in the country and abolish inhumane practices such as corporal punishment;
Noting that Sudan convened its general Presidential and Legislative elections in the first half of April 2015 amidst a widespread boycott by opposing political parties, due to serious curtailment of freedoms, and the absence of conditions conducive to fair and impartial elections;
Welcoming regional and international efforts to combat impunity, to uphold justice to the victims of violations of human rights and international humanitarian and criminal law in Sudan, particularly the decision of the International Criminal Court to hold accountable individuals accused of planning, executing, condoning or encouraging the commission of war crimes, crimes against humanity and genocide in Darfur;
Alarmed by the deteriorating situation of human rights and fundamental freedoms in Sudan, in particular extra-judicial killings, enforced disappearances, torture and ill-treatment of political detainees, human rights defenders and pro-democracy activists and the suppression of the right to hold public rallies and manifestations, arbitrary arrest and detention without judicial preview of political opponents, curtailment of the freedom of expression, freedom of the press and the media, freedom of association and the dismantling of independent civil society in the country;
Stronglycondemning reports of numerous incidents of ethnically motivated enforced disappearances committed in the regions affected by the armed conflict in SudanDarfur State;
Call upon the African Commission on Human and Peoples’ Rights to:
1. Urge the government of Sudan to comply with its obligations under the AU
Constitutive Act, the African Charter on Human and Peoples’ Rights, the UN Charter and all other regional and international human rights treaties and covenants to which Sudan is a state party;
2. Further urge the government of Sudan to cease all violations of human rights and fundamental freedoms, including arbitrary arrest and detention, extra-judicial killings, torture and ill-treatment of detainees, and safeguard the freedom of the press and media, the rights of human rights defenders, the safety of international peacekeepers, as well as the freedom of assembly and association;
3. Call on the government of Sudan to implement the recommendations adopted by the African Commission on Human and Peoples’ Rights, in particular to repeal Article 22 of the National Security Act that confers on members of the security forces total immunity for the violations of human rights and international humanitarian law, to criminalize torture and all forms of violence against women, end corporal punishment andto revise laws regarding press freedom;
4. Call on the government of Sudan to ensure that all persons held in its custody for political reasons, including the armed conflict in Darfur, Southern Kordofan and the Blue Nile States be brought before courts of law and be allowed unhindered access to family members, lawyers of their choice and to medical care. All persons held without judicial preview should be released;
5. Urge the government of Sudan to stop all forms of harassments against independent civil society, to reverse its decisions to close NGOs and allow independent civil society and research institutes to work freely and without interference and to ensure the safety and security of their members and staff.
6. Further urge the government of Sudan to cease all types of harassment against Sudanese human rights defenders, to respect their internationally guaranteed rights, and allow them space to monitor, research and report on human rights situation in different parts of the country;
7. Urge the African Union, including the Peace and Security Council, as well asall AU member states, to continue their efforts in combating impunity and to expand regional coordination to apprehend all individuals accused by the International Criminal Court (ICC) of committing war crimes, crimes against humanity and genocide in Darfur.
Done in Banjul, The Gambia – 19 April 2015