mechanisms that facilitate parliamentary oversight and control over the implementation of security policy
by the Executive and armed forces.
16. The INC establishes the following institutions of horizontal accountability: the Human Rights Commission,
the Public Grievances Chamber, the Non-Muslims Rights Special Commission, and the National Audit
Chamber. These institutions have played an important role in enhancing the accountability of government
institutions. The Government of Sudan should now consider further enhancing the powers of the Public
Grievances Chamber, so that it can operate as an ombudsman that can provide effective remedies for
non-legal grievances that citizens have against state institutions. It should also consider re-establishing
the Non-Muslims Rights Special Commission, as it is a critical institution for the protection of the rights of
non-Muslims.
17. The INC endeavours to facilitate the realization of a functioning system of separation of powers between
the Executive, the Legislature and the Judiciary. It grants executive power to the National Executive
(although the National Executive shares this power with decentralization units known as states and
local councils), legislative power to the National Assembly and Council of State, and judicial power to the
Judiciary. Sudan has also established a system of decentralization that is essential for promoting inclusive
governance, even if this system of government has experienced some challenges in practice. Sudan could
consider amending the INC with a view to establishing clear mechanisms for resolving disputes over how
the national government and state governments exercise their concurrent powers.
18. Sudanese law provides adequate protection for the independence of the Judiciary, which is accountable
for the exercise of its powers. However, in order to enhance the independence and accountability of
the Judiciary, Sudan could consider implementing the following reforms: (i) amending the INC to further
ensure complete autonomy of the Judiciary from the Executive; (ii) ensuring that membership of the
JSC is representative of Sudanese society; (iii) enhancing the financial autonomy of the Judiciary; and (iv)
reviewing the powers of the Chief Justice to appoint contract judges.
19. The INC guarantees the Legislature considerable autonomy. It also establishes a decision-making
procedure that is ideal for Sudan’s plural society, as it encourages decision-making by consensus. In order
to enhance the independence and effectiveness of the Legislature, it is recommended that its autonomy
over its calendar be strengthened.
20. The composition of Sudan is predominantly Arab (70% of the population) and the rest made up of
hundreds of small ethnic groups. Such diversity naturally breeds competing claims based on identities
and perceptions of marginalization. Sudan has experienced four kinds of conflicts: (i) communal conflicts
between or among pastoralists, farmers and ethnic groups competing for pasture, or over local boundaries;
(ii) insurgencies against the national government, such as prolonged conflicts in South Sudan before 2005
and in Darfur, Eastern Sudan, South Kordofan and Blue Nile; (iii) clashes between local populations and
law enforcement authorities over the location of investments and their impact on communities such as
the Merowe and Kajba Dams; and (iv) cross-border insurgencies supported by some neighbouring states.
These conflicts have caused socio-political instability, loss of lives and property as well as poverty. They
have also resulted in significant numbers of populations in several parts of the country being displaced and
settled in temporary camps for displaced persons (IDPs). The continued settlement of large populations
in temporary settlements for prolonged periods on land claimed by others is not conducive to achieving
permanent inter-communal peace insofar as they suffer restrictions in terms of access to services and
land rights.
21. In a bid to manage these conflicts, Sudan has enacted various laws, including the INC, and statutory
criminal laws and regulations against violent conduct that are enforceable by the national state and local
authorities. Other institutional arrangements for conflict management include the native administration
and tribal chiefs, whose historical role in settling conflicts waned over time.
22. The Government has also worked towards establishing peaceful relations with Sudan’s neighbours
through bilateral agreements, joint-commissions, ad-hoc meetings, exchange of correspondence and
visits of dignitaries to reduce cross-border conflicts.
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