SUDAN HUMAN RIGHTS MONITOR ISSUE 3

SUDAN HUMAN RIGHTS MONITOR
AUGUST-SEPTEMBER 2009

Law Reform in Sudan
Overview

Under the Comprehensive Peace Agreement (CPA) and the Sudanese interim constitution, law reform is seen as a critical element of the planned    political    transformation. Under the agreement, all national laws were to be reviewed and amended in such a way as to bring them into conformity with the agreement and international law standards. The interim national constitution explicitly acknowledges Sudan’s international commitments, and integrates them at the national level. Within this framework, law reform is not seen as a technical exercise, but rather as a part of a comprehensive process aimed at expanding political space and facilitating a democratic transformation in the country.

However, the approach so far taken by the ruling National Congress Party (NCP) has focused on limiting the scope for change. Although law reform has been undertaken, its focus has been on cosmetic changes, not on the holistic reform required by the CPA. The NCP has pursued these changes with the objective of maintaining social control, in direct contravention of the mandate for democratic transformation embodied in the CPA. In order to advance this aim, the NCP has pushed to preserve immunities for the army, security services, and the police. The press and publications act is another example. Although some of the most egregious proposed provisions were removed from the final law, the law as a whole is focused on ensuring control of the press by the ruling party – not on facilitating the growth of a free press in Sudan. Indeed, some analysts have argued that this legislation is less favourable that the version that had previously been in force.

Another problem with the reform process as it is currently being pursued is the fact that there is limited public engagement. Even political parties with representation in parliament have had difficulty in engaging effectively. The difficulties are only magnified at the level of civil society or the population as a whole. Even the NCP’s main partner in government, the Sudan Peoples’ Liberation Movement (SPLM) has, on several occasions, complained about the lack of transparency in the process. Other political parties have reported that they are not consulted in the drafting process and that they are only presented with full versions of bills when they are tabled in parliament. This allows minimal time for preparation of thoughtful analysis and response. Civil society organisations who have tried to engage in the process have been completely shut down and ignored. When legislation is put to a vote, the NCP makes use of its numerical majority to ensure passage of the elements that it supports.

The following piece explores five key pieces of legislation which have been reviewed in the interim period with a view to exploring the extent of changes and highlighting the depth of changes that would still need to be made in order to address the situation in such a way as to promote social and democratic transformation. In particular, it focuses on the compatibility of the legislation with international human rights norms and describes recommendations made by Sudanese civil society. The five pieces of legislation considered are the:

•    Organisation of Humanitarian and Voluntary Work Act (2006);
•    Armed Forces Act (2007);
•    Sudan Police Act (2008);
•    Press and Publication Act (2009); and
•    the National Election Act (2008).

Download full report here: SUDAN HUMAN RIGHTS MONITOR ISSUE 3

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