The Constitutional Protection of Human Rights in Sudan: Challenges and Future Perspectives

Sudan’s recent history has been characterised by long periods of armed conflict and/or authoritarian regimes and illiberal democracies. At the same time, the constitutional protection of human rights has been extremely weak, both in terms of the recognition of rights and the availability of mechanisms for their effective implementation. In the context of broader concerns over respect for the rule of law, these combined factors have contributed to a situation of systemic and serious human rights violations. A series of cases at the domestic level and before the African Commission on Human and Peoples’ Rights demonstrate that victims of such violations have no effective remedies in Sudan. There is also an almost complete absence of accountability for human rights violations. The Comprehensive Peace Agreement (CPA) signed in 2005 to end the North-South conflict had promised to change this situation. It included a series of human rights commitments, which formed the basis for the Bill of Rights constituting an integral part of the Interim National Constitution of 2005. This Constitution recognizes a series of rights, stipulates that all treaties to which Sudan is a party are automatically part of the Bill of Rights, and vests the newly established Constitutional Court with the power to hear complaints concerning the violation of constitutional rights. In addition, it envisages a series of institutional reforms, including of the security sector.

Co-writer Dr.Ibtesam Sanhouri, For More Download: