Committee Preparing Sudan's Fourth UPR National Report Holds First Meeting

Sudan's committee for preparing its Fourth National Report under the Universal Periodic Review (UPR) mechanism recently convened its inaugural meeting. Chaired by the head of the Legal Sector and Rapporteur of the National Human Rights Mechanism, the committee's mandate includes compiling the report, gathering data, and consulting various stakeholders. This crucial step initiates Sudan's engagement in the fourth UPR cycle, building upon its third review in 2022, where it received 283 recommendations, accepting 244. The report's preparation comes at a critical time, with Sudan grappling with a severe humanitarian crisis and ongoing conflict, making the comprehensive and transparent assessment of its human rights record more vital than ever for legal professionals and the international community.

The committee tasked with drafting Sudan's Fourth National Report for the Universal Periodic Review (UPR) mechanism recently held its first meeting, marking a significant procedural step in the nation's ongoing engagement with international human rights scrutiny. Chaired by the head of the Legal Sector and Rapporteur of the National Human Rights Mechanism, this committee is mandated to meticulously prepare a comprehensive report, gather relevant data, and conduct extensive consultations with governmental institutions and other stakeholders. This initiative, undertaken as part of Sudan's participation in the 54th session of the UPR in Geneva, underscores the country's commitment, at least formally, to addressing its human rights obligations.

The Universal Periodic Review, a unique mechanism of the United Nations Human Rights Council, serves as a vital peer-review process, evaluating the human rights records of all 193 UN Member States every four and a half years. For Sudan, this fourth cycle presents both an opportunity to demonstrate progress and a formidable challenge, given the profound political instability, armed conflict, and humanitarian crisis currently engulfing the nation. This article will delve into the legal framework surrounding Sudan's UPR process, analyze the critical human rights issues likely to feature in its report, and consider the implications for legal practitioners navigating this complex landscape.

The Universal Periodic Review (UPR) mechanism, established in 2006 by the UN Human Rights Council, is designed to ensure that all UN Member States fulfill their human rights obligations and commitments. The review process is cyclical, occurring every four and a half years, and is based on three key documents: a national report prepared by the State under review, a compilation of UN information by the Office of the UN High Commissioner for Human Rights (OHCHR), and a summary of information from other stakeholders, including civil society organizations and national human rights institutions. The process culminates in an interactive dialogue where other UN member states pose questions and make recommendations, followed by the adoption of an outcome report.

Sudan has previously undergone three UPR cycles, in May 2011, May 2016, and November 2021 (with the outcome report adopted in April 2022). During its third review in 2022, Sudan received 283 recommendations, of which it accepted 244 and noted 39. The current committee's first meeting included a review of the implementation status of these previously accepted recommendations, highlighting the continuous nature of the UPR process.

Domestically, Sudan's human rights framework has evolved through several constitutional instruments. The 2005 Interim National Constitution and the subsequent 2019 Constitutional Declaration (amended in 2020) contain provisions guaranteeing fundamental rights and freedoms, including equality, freedom of expression, and protection from discrimination. Notably, Article 27(3) of the 2005 Interim National Constitution and similar provisions in the 2019 Constitutional Declaration affirm that international human rights treaties ratified by Sudan are an integral part of its Bill of Rights. The establishment of a National Human Rights Commission (NHRC) was envisioned in the 2005 Interim Constitution, with the National Human Rights Commission Act, 2009, providing its legal basis. The committee preparing the current UPR report is chaired by the head of the Legal Sector and Rapporteur of the National Human Rights Mechanism, which appears to operate within the framework of the Advisory Council for Human Rights, established under Republican Order No. 97/1994 and chaired by the Minister of Justice.

The preparation of Sudan's Fourth UPR National Report unfolds against a backdrop of profound and escalating human rights challenges, primarily driven by the civil war that erupted in April 2023 between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF). This conflict has led to widespread violations of international human rights law and international humanitarian law, including mass civilian casualties, conflict-related sexual violence, and the world's fastest-growing displacement crisis, with millions internally displaced and seeking refuge in neighboring countries. The UN has characterized Sudan as the worst humanitarian crisis globally, a reality that will undoubtedly dominate the international community's scrutiny during the UPR.

Despite constitutional guarantees of rights such as freedom of expression and due process, the legal landscape in Sudan has been marked by persistent challenges. Restrictive legislation, including the National Security Act of 2010 and the Press and Publication Act of 2009, has historically been utilized to curb freedoms, particularly for journalists and activists. Following the October 2021 coup, there have been documented instances of arbitrary arrests, detentions, and harassment of individuals for critical speech, further eroding civil liberties. While some positive legal reforms have been enacted, such as the repeal of public order laws in 2019 and the criminalization of female genital mutilation (FGM) in 2020, their effective implementation and enforcement remain a significant concern, often hampered by the ongoing conflict and a weakened justice system.

Sudan's engagement with international human rights instruments also presents a mixed picture. While it has ratified key treaties like the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT), the latter with reservations, full adherence and ratification of other crucial conventions, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), are still pending or subject to reservations. The commitment to transitional justice, enshrined in the 2019 Constitutional Declaration and further elaborated in the 2020 Juba Peace Agreement, has seen limited implementation, with mechanisms like the truth and reconciliation committee and a special court for Darfur yet to be established. The current conflict has further complicated these efforts, making accountability for past and ongoing atrocities a distant prospect.

The credibility of Sudan's Fourth UPR National Report will heavily depend on its ability to transparently address these profound challenges. The committee's consultative approach, involving government institutions and stakeholders, is crucial. However, the severe restrictions on civil society organizations and the dangers faced by human rights defenders in the current conflict environment raise serious questions about the extent to which the report can genuinely reflect the on-the-ground realities and the perspectives of victims. The international community will be closely watching for an honest assessment of the human rights situation, rather than a mere procedural exercise.

The commencement of preparations for Sudan's Fourth UPR National Report signifies a critical moment for the nation's human rights trajectory. While the formal engagement with the UPR mechanism offers a platform for accountability and reform, the prevailing conflict and humanitarian catastrophe present immense obstacles to achieving meaningful progress. The report must transcend mere procedural compliance and offer a candid assessment of the widespread human rights violations, including those stemming from the ongoing armed conflict, and outline concrete, implementable strategies for redress and prevention.

For legal practitioners, this period demands heightened vigilance and strategic engagement. Attorneys should closely monitor the content of the national report, scrutinize the government's responses to recommendations, and advocate for the full alignment of domestic laws with international human rights obligations. Collaboration with national and international civil society organizations will be paramount to ensure that the voices of victims and marginalized communities are heard and reflected in the UPR process and its follow-up. The ultimate success of this UPR cycle will not be measured solely by the report's submission, but by Sudan's demonstrable commitment to upholding the rule of law, ending impunity, and protecting the fundamental rights and freedoms of all its people.