Sudan Organization Against Torture (SOAT) Welcomes Historic Peace Agreement
On Sunday, 9 January 2005, the government of Sudan (GoS) and the Sudan People's Liberation Movement/Army (SPLM/A) signed a historic peace agreement in Naivasha which brought an end to two decades of conflict which, has devastated Sudan particularly to the lives of the people in the South, Nuba Mountains and the Southern Blue Nile.
SOAT welcomes this agreement and expresses hope that it will have a positive impact on the lives of the Sudanese people and will usher in a transformation of Sudanese society. Moreover, SOAT considers that it will produce democracy, good governance and a culture of respect for human rights especially in light of the lifting of the state of emergency in non-armed conflict zones. SOAT will work together with its local, national and international partners to sustain the peace and to promote a culture of human rights. Additionally, SOAT welcomes both parties declared commitment to finding a resolution to the crisis in Darfur, according to President Hassan Omer el-Bashir, the government “will embark with dedication to end all acts of hostility in Darfur and move fast to achieve a successful solution...” John Garang added, “I call on all Sudanese people and their political forces to build consensus around this comprehensive peace agreement and use it to end war in other parts of Sudan”.
Even whilst recognising the potential of this historic peace agreement to be a model to finding a resolution to the conflict in Darfur, SOAT expresses deep concerns about events in the region. Furthermore, the SPLA in the South, must commit itself to ending its rivalry and enmities with Southern militias and other ethnic groups opposed to the SPLM/A, particularly in the transitional zones, through south-south dialogue. These enmities if unresolved could sow the seeds for future conflict.
Impunity and Accountability
The peace agreement allows for an interim government, which will encompass all parties to the conflict. The agreement includes a declared general amnesty in the South; the interim government is entrusted to decide on whether the amnesty is to be extended to the rest of Sudan. In addition, both parties have declared their intention to establish a truth and reconciliation commission. Nevertheless, both parties are largely accountable for the gross violations of human rights that were committed during the war, including incommunicado detention, torture rape and extra judicial killings with impunity.
SOAT recognizes the fragility of the ongoing transitional process, thus in order to minimize the risks, all parties to the conflict and the international community must address the issues of impunity and accountability for as long as there is a climate of impunity in the Sudan, without justice, there will be no lasting peace. There must be an independent commission of inquiry into such crimes as war crimes and crime against humanity in the South and Nuba Mountains, under the supervision of the UN with the cooperation of the GoS, the SPLM/A and all bodies that will be established as a result of the peace agreement. The omission of provisions in the Naivasha accords to ensure accountability for human rights abuses must not deter the international community from impressing upon all parties to the conflict that there shall be no lasting peace without accountability. Furthermore, although there may be a role for ‘truth and reconciliation commissions’, they can neither be an alternative nor a substitute to the processes of law and accountability particularly crimes against humanity which include rape, torture and ethnic cleansing.
These mechanisms will provide an avenue in which victims of torture and other human rights violations can receive justice and bring to an end the culture of impunity. Moreover, it will assist in strengthening national mechanisms for conflict prevention during the remainder of the transitional period and beyond.
Constitutional Reform
The peace agreement provides for structural changes to the civil society in the South and North including the judiciary, presidency and other state institutions.
SOAT expresses deep concern about the failure of the agreement to address the internal structure of civil institutions. There are severe challenges facing the people of Sudan within the local justice system when accessing criminal and civil remedies. There remain practical and legal obstacles in the prosecution of torture cases, and other legal impediments to the resolution of torture cases. Parties to the agreement must pave the way for continued efforts to improve access to justice in Sudan.
SOAT calls upon the National Constitutional Review Commission (NCRC), which is assigned to draft an Interim National Constitution to ensure the participation of independent and credible civil society organisations, lawyers and academics who are known by their independence and integrity. The process of selection of civil society must not be confined to government or SPLA/M afflicted organisations.
Reform of the education system
Two decades of civil conflict in South and North Sudan has created an education system weighed in favour of politicisation and Islamic fundamentalism with distrust of critical and independent thinking and creativity and self-integrity of students. A comprehensive reform process of such institutions must be undertaken utilising the rich ethnic, cultural, political, and linguistic tapestry of Sudan to build an appreciation and understanding of cultural diversity. Reform of the education system must be considered as a national strategy in order to move beyond the existing culture of harassment and neglect and to replace it with a culture of equality and respect for the rule of law. It is paramount that the process of integrating human rights values in any educational curriculum in Sudan. In addition to ensure a peaceful transition to civil society, unbiased and systematic revision of the education curriculum including school textbooks to eliminate all forms of discrimination be it cultural, racial, religious, sexual or social background must be a necessary component.
All parties to the agreement with the support of the international community must work towards strengthening state institutions and structures in Sudan to enable them to uphold the rule of law, the respect of human rights and the unimpeded and independent functioning of the executive, legislative and judicial branches of Government.
SOAT stresses that concerns regarding corruption could hinder efforts towards sustainable social and economic development, and may erode the confidence of the Sudanese people and the international community. Thus to ensure national unity during the Interim Period, urgent reform of civil institutions must be addressed. SOAT calls on the GoS an the SPLM to support the efforts of all national stakeholders to ensure the full restoration of constitutional normalcy in accordance with the provisions of the peace agreement including through the holding of free and transparent elections.
Ratification of key instruments
The peace agreement provides that, “The Republic of the Sudan should endeavour to ratify other human rights treaties which it has signed.” SOAT recognises that in order to for the GoS commitment to human rights as stated in the peace accords to be consequential, international and regional human rights instruments must be incorporated into Sudanese national law.
SOAT calls upon the GoS to sign and ratify the key international instruments including: UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocols; Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa; Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts; African Charter on the Rights and Welfare of the Child; Rome Statute Of The International Criminal Court and Geneva Convention relative to the Protection of Civilian Persons in Time of War and Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II).
Furthermore, the peace accord states that, “The Republic of the Sudan, including all levels of Government throughout the country, shall comply fully with its obligations under the international human rights treaties to which it is or becomes a party.” SOAT welcomes this obligation placed on itself by the GoS and the SPLA/M and calls upon all parties to promote national reconciliation, lasting peace and stability, and to build a prosperous and united Sudan in which human rights are respected and the protection of all citizens is assured.
--SOAT is international human rights organisation established in the UK in 1993. If you have any questions about this or any other SOAT information, please contact us:
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