SUDAN
23. The remaining major conflicts concern the status of Abyei and the boundary between Sudan and South
Sudan in that area; the conflict in Darfur over access to resources and socio-economic inequalities related
to identities; South Kordofan and Blue Nile conflict, where negotiations to determine the status of the two
states remained inconclusive. Violent conflicts, although considerably reduced in scale and frequency,
are still being waged by rebel movements of the Justice and Equality Movement (JEM), the Sudan People’s
Liberation Movement-North (SPLM-N) and the Sudan Liberation Movement–al Nur (SLM-A) and their
areas of activity are yet to be fully pacified.
24. However, the national dialogue process is a promising initiative, as it could facilitate the institutional
reforms that can bring an end to these conflicts. Indeed, the National Dialogue has created optimism
and high expectation among Sudanese across tribal, religious and ideological lines that a new beginning
is in the offing. It therefore deserves to be encouraged, reinforced and institutionalized. Continental and
international communities, especially the African Union, are called upon to support Sudan as it goes
through this process of rebuilding the nation.
25. With respect to inter-state conflicts, the absence of an enhanced regional framework for cooperation to
settle the root causes of conflicts between neighbours has led in some cases to mutual destabilization,
and prolonged conflicts in the region. Regional and Continental organizations, particularly IGAD and the
AU should strengthen their efforts to create conditions conducive for promoting peace in the region.
National leaders of Sudan and neighbouring states are encouraged to continue to value regional peacemaking efforts and support organizations leading the process.
26. On access to justice, the National Dialogue has recommended that the power of the Minister of Justice to
stay criminal proceedings should be reviewed so that prosecutors can enjoy more independence. Access
to justice could further be enhanced by empowering the lower courts (courts other than the Constitutional
Court) to determine constitutional matters, particularly those relating to the protection of human rights.
27. Sudan has established a credible legal environment for the operation of civil society organizations, which
grants them the right to contest the regulatory decisions of Government. Civil society groups participated
in the important National Dialogue process, and their input is reflected in the outcomes/recommendations
of the National Dialogue Conference. In order to improve the regime governing the operation of civil
society organizations, the Panel encourages Sudan to increase the period of registration of voluntary
organizations, and review the reporting obligations of these organizations.
28. Sudan has established a legal framework for strengthening public service institutions. Thus, the INC
envisages a meritocratic and politically neutral civil service, and sees it as a distinct instrument of the
national Government and regulates its character. The INC places governance of the civil service in the
hands of a National Civil Service Commission composed of workers of proven competence, experience,
integrity and impartiality. Thus, there is an unambiguous design to have a civil service whose personnel
is recruited to ensure it has the needed competences and yet composed in a manner that is broadly
representative of the country’s population. The Constitution does not make similar elaborate provisions
for state civil services because Sudanese states develop their own constitutions. Hence, each state is
expected to make its separate civil service laws.
29. Sudan has enacted a number of laws to combat corruption, including the INC, the Penal Act of 2003,
the Procurement Law, and the National Audit Act of 2015. The Government of Sudan is encouraged to
establish an independent anti-corruption agency to drive its various policy commitments on combatting
corruption.
30. Decentralization in Sudan is not merely an aspect of administrative devolution, but a constitutional
measure adopted as part of the negotiated terms of resolving the governance challenges created by
internal conflicts. The states are responsible for local government, and are expected to make laws
providing for the establishment of localities and election to a council to act as its legislative organ. While
the localities exist as governing authorities, they do not as yet have elected councils. This means that
commissioners appointed by state governors administer the localities. It is recommended that Governors
and Commissioners heading state and local administrations respectively should be elected. Furthermore,
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