United Nations

A/50/569


General Assembly

Distr. GENERAL  

16 October 1995

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (c)


HUMAN RIGHTS QUESTIONS:  HUMAN RIGHTS SITUATIONS AND REPORTS
OF SPECIAL RAPPORTEURS AND REPRESENTATIVES

Situation of human rights in the Sudan

Note by the Secretary-General


  The  Secretary-General has the  honour to  transmit to the  members of the
General Assembly the interim report on the situation of human rights in  the
Sudan  prepared by Mr. Gaspar Biro, Special Rapporteur  of the Commission on
Human Rights,  in accordance with Commission  resolution 1995/77  of 8 March
1995.

























95-31228 (E)   021195
*9531228*/...
ANNEX

           Interim report on the situation of human rights in the Sudan
           prepared by Mr. Gaspar Biro, Special Rapporteur of the
           Commission on Human Rights, in accordance with Commission
resolution 1995/77 of 8 March 1995


CONTENTS

  Paragraphs  Page

I.  INTRODUCTION .........................................1 - 63

II.  REPORTED HUMAN RIGHTS VIOLATIONS .....................7 - 694

  A.  Violations by the Government of the Sudan ........  7 - 644

    1.  Extrajudicial killings and summary executions  7 - 114

    2.  Enforced or involuntary disappearances .......12 - 135

    3.  Torture and other cruel, inhuman or degrading
      treatment ....................................14 - 166

    4.  Arbitrary arrest and detention, and due
      process of law ...............................17 - 237

    5.  Provisions of penal legislation inconsistent
      with international norms .....................24 - 268

    6.  Slavery, servitude, slave trade, forced labour
      and similar institutions and practices .......27 - 339

    7.  Freedom of thought, conscience and religion ..34 - 3612

    8.  Freedom of expression, association and
      peaceful assembly ............................37 - 3912

    9.  The rights of the child ......................40 - 5613

  10.  The rights of women ..........................57 - 6016

  11.  Freedom of movement and residence, including
    the right to leave or return to the country ..61 - 6418

  B.  Abuses by parties to the conflict in southern
    Sudan other than the Government of the Sudan .....65 - 6919

III.  CONCLUSIONS AND RECOMMENDATIONS ......................70 - 8220

  A.  Conclusions ......................................70 - 8120

  B.  Recommendations ..................................     8223
I.  INTRODUCTION


1.  The present report is the third  interim report submitted by the Special
Rapporteur  to the  General Assembly  (see  A/48/601  and A/49/539)  and the
fifth overall report by the Special  Rapporteur (see also E/CN.4/1994/48 and
E/CN.4/1995/58).

2.  In its resolution 1995/77 of  8 March 1995 entitled "Situation  of human
rights in the Sudan",  the Commission on Human Rights decided to extend  the
mandate of the Special Rapporteur for an additional year.

3.   In taking up his  mandate, the Special Rapporteur addressed a letter to
the Government of the  Sudan through the Permanent  Mission of the  Sudan to

the United Nations Office  at Geneva on  28 July 1995 requesting  permission
to undertake a mission to the  Sudan.  As of the date the present report was
finalized,  the  Special  Rapporteur  had  received  no  response  from  the
Government of the Sudan.

4.   Pursuant  to  the recommendation  in resolution  1995/77 that  he begin
consultations  with  the Secretary-General  on  modalities  leading  to  the
placement of  monitors  in  such  locations  as  would  facilitate  improved
information flow and assessment and would help the independent  verification
of  reports on  the  situation  of human  rights in  the Sudan,  the Special
Rapporteur held consultations  with the United Nations High Commissioner for
Human  Rights   and  the  Assistant   Secretary-General  for  Human   Rights
concerning  the   placement  of  monitors   for  the  envisaged   monitoring
operation.

5.  Between 30 July and 15 August 1995 the Special Rapporteur carried out  a
mission to Kenya, Uganda and Eritrea.  One  of the objectives of the mission
was  to  meet  government  officials,  representatives  of  United   Nations
agencies  working on relief operations in southern Sudan, representatives of
international  humanitarian and  human rights  organizations active  in  the
field, Sudanese human rights and humanitarian organizations and  individuals
who provided him with  information in the form of reports and testimonies on
the situation of  human rights in the Sudan  in 1995.  Another objective  of
the mission  was to assess possibilities  regarding the  deployment of human
rights monitors.  A  plan for implementation of  a monitoring operation  has
been drawn up.   However, the financial  difficulties of the United  Nations
have  prevented  the  implementation of  the  monitoring  operation  at  the
present time.  The  Special Rapporteur will  provide a full account on  this
project in  his final  report to  be submitted  to the  Commission on  Human
Rights at its fifty-second session.

6.  With regard  to the legal framework within which the Special  Rapporteur
has carried out  his mandate, considered information concerning  allegations
of  human rights violations  and assessed  the compliance of  the Sudan with
its  international  obligations,  the  Special  Rapporteur  has   identified
obligations  arising   under  both  international   human  rights  law   and
international  humanitarian law.  These obligations have been described most
recently  by the  Special Rapporteur  in his interim  report to  the General
Assembly (A/49/539, paras. 14-19).


 II.  REPORTED HUMAN RIGHTS VIOLATIONS

A.  Violations by the Government of the Sudan

1.  Extrajudicial killings and summary executions

7.  Since  the outbreak of the  civil war in southern  Sudan in 1983,  it is
estimated  that at  least 1.2  million  individuals  have lost  their lives.
During the past five years thousands of civilians are reported to have  been
killed   in  deliberate   and  indiscriminate   attacks,  including   aerial
bombardments  on  civilian  targets  by  government  forces.    In  the Nuba
Mountains,  a  large number  of  civilians,  including  women and  children,
Muslims  and  Christians  alike,  have  been  killed  in  these  attacks  or
summarily executed.   Others  are reported  to have  lost their  lives as  a
result  of brutal torture  in secret  detention centres run  by the security
organs  or in  military  barracks,  and  tens  of  army officers  have  been
summarily executed after secret trials by  special courts.  Previous reports
of the Special Rapporteur contain details regarding these facts.

8.  During his recent fact-finding  mission, the Special Rapporteur received
testimonies  confirming  previous reports  indicating  that  in  the war  in
southern Sudan prisoners of war are an exception.   Those captured have been
and  are  being  tortured  and  summarily   executed.    This  practice   is
particularly prevalent  in the case of  local chiefs,  soldiers belonging to
different rebel factions and those civilians  who are suspected of  actively

collaborating  with  the  Government  of  the  Sudan  or one  of  the  rival
factions.  If a prisoner  is captured and he refuses to change sides, he  is
cruelly tortured and executed.

9.    In June  1994,  government troops  reportedly  entered Loka  and  took
reprisals against the civilian population.   A man  who left the area on  24
July 1995  told the Special Rapporteur  that on  18 June 1994 a  group of 37
government  soldiers  deported  73  families  from   the  Jebel  Loka  area.
According to the witness, 24 men were separated  and taken to Loka  barracks
where   they  were   interrogated   immediately  upon   arrival.      During
interrogation  those men who  denied that  they were  actively involved with
the Sudan People's Liberation Army (SPLA)  as soldiers or collaborators were
beaten.    Seven who  had  refused  to  cooperate with  the  Government were
summarily  executed:  Chief James Wani (age not  mentioned), David Lupai (58
years), Samuel  Wani (15  years), Moses Lupai  (22 years),  Samson Juma  (28
years), Deng Ayol (age  not mentioned) and Moro Juma (26 years). The witness
stated that 15  men agreed to join the  government troops and  2 others were
taken  to  Juba.     Several  other  sources  reported  similar   incidents.
Therefore,  the  Special Rapporteur  concludes  that  killings  and  summary
executions continued to take place in southern Sudan in 1995.  Instances  of
extrajudicial killings and  summary executions  by parties  to the  conflict
other  than  the  Government are  described in  the  section of  the present
report on violations and  abuses committed by those  parties (see paras. 65-
69 below).

10.  Indiscriminate and deliberate aerial  bombardments by government forces
on civilian targets  continued in 1995.   In  the Nuba Mountains on  21 June
1995, an Antonov  aircraft operated by government forces dropped 22 bombs on
Regifi  and surrounding  villages starting  at  9 a.m.   Six  civilians were
killed  and 12 others  were seriously  injured.   Eyewitnesses reported that
the bombardment was concentrated on a  densely inhabited area, indicating an
intent on the  part of the Government  to terrorize the civilian  population
and to  force people to  flee the  area.  The  airstrip at  Regifi was  also
targeted.  In September bombardments were  also reported on Chukudum (bombed
twice on 10  September) and on  targets near  Nimule and Mughale,  seriously
disrupting operations of Operation Lifeline Sudan (OLS).

11.   In  the course of  student demonstrations held  at Khartoum University
between 11  and 14 September  1995, at least  five persons  were reported to
have been  killed by  security forces  who indiscriminately  opened fire  on
demonstrators.  A joint urgent appeal on behalf of Abdal Rahman al-Amin  and
Fyz Muhammad Ali  dated 18 September  1995 was transmitted  to the  Minister
for  Foreign Affairs of the  Sudan by the  Chairman of  the Working Group on
Arbitrary Detention and the Special Rapporteurs  on the question of  torture
and  on extrajudicial,  summary or  arbitrary  executions, and  the  Special
Rapporteur  on the situation of human rights in the Sudan.  At 10 a.m. on 13
September gunmen in plain  clothes were reported to  have shot dead  student
Rahmtalla  Abdel  Rahman  after  entering  the  Faculty  of  Engineering  at
Khartoum University


2.  Enforced or involuntary disappearances

12.  As  mentioned in the section of the present report  on arbitrary arrest
and  detention and due  process of  law (paras. 17-23), victims  are held in
incommunicado detention for months at a time.  In cases where the  relatives
contact the competent organs to inquire  about the arrest or  whereabouts of
the  missing person, the  authorities refuse  to release  any information on
the arrest  or  whereabouts of  the  detainees.   Accordingly,  the  missing
person  is reported  to have disappeared.   It is  widely believed, however,
that  thousands of  persons  have  disappeared in  the past  few years  as a
result of  this practice  of the  Government.   The vast  majority of  these
cases  remains unknown  to the  public  and consequently  are  undocumented.
This  is particularly  true  in the  case of  unaccompanied  minors  who are
rounded  up by the  police on the streets of  major towns in northern Sudan,
as  described in detail in the  section of the  present report on the rights

of the  child (paras.  40-56).   A typical  case that  displays elements  of
involuntary disappearance  was reported by a  witness from  whom the Special
Rapporteur received testimony  in August 1995.   A  southern boy,  M. B.  C.
(aged 14), was  rounded up by the police  on 19 February  1995 in the market
of Suk el  Arab in Khartoum during the daytime.  The father,  B. C., learned
of this from other  children who witnessed the  abduction.  When  the father
contacted  the authorities they  denied any  involvement, but registered the
name of the  boy.  A  few days  later the father  learned from a boy  called
Akec (aged 10),  who had managed to escape, that  his son had been taken  to
the  khalwa (Koranic  school) of  Fatihab, Omdurman.   Akec  had managed  to
escape from there.   When the father went  to the khalwa,  he learned that a
group of children, including his son, had been  removed to an unknown place.
As  of  17  March,  when  the  witness reporting  the  case  to  the Special
Rapporteur had left  Khartoum, the whereabouts of M.  B. C. were not  known,
and it was feared that he would never be reunited with his family.

13.   In August  1995, the  Chairman of  the  Working Group  on Enforced  or
Involuntary Disappearances took up the  case of Isaac Ghanian, the pastor of
the Dere and Abri  churches, in Southern Kordofan.   He reportedly was taken
into captivity  by government  armed forces on  1 March 1995.   The  troops,
based at Dellami, reportedly  attacked the village of Dere and abducted  300
persons, including  the  pastor.   His fate  remains unknown.   The  Working
Group decided to transmit with this allegation a summary of reports that  it
had received  about developments  in the  Sudan having  an influence  on the
phenomenon   of  disappearances,  namely   the  case   of  persons  held  in
incommunicado detention  and  the  abduction  of  children  and  women  from
southern Sudan and the streets of northern towns.


3.  Torture and other cruel, inhuman or degrading treatment

14.   During his  recent mission,  the Special  Rapporteur received  further
testimonies by victims  of torture.  S.  T. (aged 42)  from Kassala  gave to
the   Special  Rapporteur  both   a  verbal   testimony  and  a  handwritten
declaration on his case.  Excerpts from his written declaration state: 

  "I was arrested on 10  January 1995 and released in March 1995.  That  was
after a long period  of torture.   The torture was applied to many  parts of
my body,  including the  head,  the eyes  and  the  genitals.   During  [my]
detention my wife was compromised  by members of the Sudanese security, then
she became pregnant.  I was continuously  moved [during detention] from  one
'ghost house'  [a secret detention centre] to another while  blindfolded.  I
was  able to  recognize  one  of the  detention  centres which  is near  the
General Command of  the National Armed Forces in  Khartoum.  This centre  is
supervised  by foreign elements  trained in  the various  methods of torture
for political  reasons.  They have  used many instruments,  such as electric
chairs.  Many Sudanese political detainees  have died inside these detention
centres without the knowledge of their relatives.   Also my son was arrested
as were other sons of political detainees opposing the regime."

Puncture  wounds, which  the victim  explained  were  caused by  nails being
driven into his arms  and the soles of his feet, were clearly visible to the
Special Rapporteur.  Numerous burn marks  were also seen on his  torso.  The
victim's eyes were  inflamed and blood-shot from  gas that had been  sprayed
into his eyes during his detention.

15.   Several student  demonstrations took  place  in 1995  in Khartoum  and
other  towns in  northern Sudan,  the  latest  ones occurring  in September.
Among the numerous allegations  are reports that one of the methods used  by
the  police and security forces while breaking up the demonstrations was the
intentional breaking of  the limbs of the participants arrested.  As pointed
out in the joint urgent  appeal of 18 September (see para. 11 above),  there
were allegations that the security forces had  been instructed to break  the
arms of demonstrators.   The appeal mentions the  name of Mutaz Abdel Mon'in
Khalifa, who  it is  reported had both  arms broken by  security agents  who
arrested him.  He was subsequently released.

16.   The excessive,  indiscriminate and  brutal use  of force during  other
similar occasions was also reported.  On 28 February 1995, for instance,  28
female  relatives of the officers who were summarily  executed in April 1990
marched in  the streets  of Khartoum shouting  the names  of their  executed
relatives  and  handing out  leaflets  with  poems  and  photographs of  the
officers.  It was reported  that they were met by security and police forces
at the  University. Security  forces severely  beat the  women and  children
until their clothes became soaked with blood.   Several women were  arrested
and  they were reportedly beaten,  threatened with rape and  forced to stand
on the roof of the  security headquarters building for an entire day in  the
oppressive heat.  In  the evening they were sent  home, but not before being
ordered to report back  to security headquarters the  next day.   Since 1991
these women  and  their children  have  been  constantly harassed,  even  on
occasions when they  commemorated the execution of their husbands,  brothers
and  fathers   in  private.     Protests   by  international  human   rights
organizations, as well as the concerns  expressed by the Special  Rapporteur
in regard to  this case to the competent authorities, including the Minister
of Justice and  Attorney General during  his visits  in the  Sudan in  1993,
have been ignored completely by the Government of the Sudan.


4.  Arbitrary arrest and detention, and due process of law

17.  During 1995 hundreds of  political opponents or people merely suspected
of being potential opponents  to the regime  have been arrested and held  in
detention for  days, weeks or  even months without  warrant or any  concrete
charges.  In most cases relatives are not  informed about the whereabouts of
those detained and,  therefore, there  is a fear  that the persons  detained
have been the victims of enforced or involuntarily disappearances.

18.  Former  Prime Minister Sadiq al-Mahdi, an  imam of the Ansar order  and
the leader  of the Umma  party, was arrested  on 16  May 1995 on  charges of
"involvement  in  subversive activities".    The  charges  reportedly  never
formed  the object of  a formal  investigation and he was  held in detention
under harsh  conditions until  the end of  August.  During  this period  the
Government  never officially  informed  his  relatives where  he  was  being
detained.   A few  days after  the arrest  both the  leadership of the  Umma
party and  the Ansar  issued statements  of protest  to the  Head of  State.
They noted inter alia that:

  "Since  the beginning  of this  regime the  Ansar  have been  subjected to
continuous  harassment  and intimidation  which  started  with  intimidating
their  leadership, confiscating  their  properties and  denying  them  their
civil  rights  and  their  freedom  of expression.    The  Ansar  imams  and
preachers  have been subjected  to harassment  and imprisonment.   The Grand
Mahdi's Mosque  which includes the Mahdi's  Tomb and  the Ansar Headquarters
has been confiscated.

  "The  Ansar tolerated  all  these  injustices  with  great  restraint  and
patience to  save the country bloodshed  and armed  conflicts, following the
directives of their leadership which advocate wisdom and civil struggle.

  "On 16  May 1995  the authorities  arrested Sayed  al-Sadig al-Mahdi,  the
leader of the Ansar Movement, although  he consistently continued to  preach
non-violence and  warn against  the danger of  allowing the country  to slip
into  civil  war  as  a  result  of government  repression  that  pushes the
opposition to resort to violent means.   Al-Sadig al-Mahdi preaches  justice
for all, thus adhering  to a cardinal Islamic  principle that dictates  upon
the  Muslim to  advocate  for justice  and  deny evil.    'That  who is  not
concerned aboutthe plight of Muslims isnot a Muslim', as the prophet says."

19.   Following this protest more  than 200 prominent  figures of the  party
and religious  leaders were arrested  in Khartoum and  in the  province.  It
was reported  that most of the detainees were subjected  to ill-treatment in
detention.

20.   A similar wave of  arrests was reported in Port Sudan in May 1995 when
15 workers  were arrested.   A large  number of persons,  including tens  of
students, were  also arrested following  student demonstrations in  Khartoum
in  August and  September.   Three  well-known  lawyers were  also arrested:
Mustafa Abdel Gadir (aged 60), former  Secretary-General of the banned Sudan
Bar Association, Ali El-Sayed (aged 50),  advocate, and Bushra Abdel  Karim,
advocate and former Secretary-General of the banned Sudanese Youth Union.

21.  The arbitrary  character of detention  and the  lack of due process  of
law  reported  during  1995  are  demonstrated  by  other  practices  of the
Government. People  receive summonses to  report daily, as early  as 6 a.m.,
to security headquarters, where  they are obliged to stay until the evening.
In a  significant  number of  cases,  this  practice reportedly  lasted  for
several weeks.  Formal  investigations are  not  usually  carried out.    As
reported to the Special Rapporteur, the purpose of this practice appears  to
be  intimidation   and  harassment  by   preventing  the  individuals   from
accomplishing their normal activities  (sometimes with serious  consequences
for them and their families).

22.   Although the  Government closed one  of the most  notorious and  well-
known secret detention centres  in Khartoum (located near the City Bank),  a
measure which  is to be welcomed, the Special Rapporteur received during his
recent  fact-finding  mission testimonies  indicating  that  other  similar,
lesser known detention centres continue to be used by the security organs.

23.   On 23 August  1995, the Sudanese  National Security Council  announced
the release  of all  political detainees  within 72  hours, another  measure
which is also  to be  welcomed.  The  Special Rapporteur, however,  received
reports in September 1995 that  not all detainees had been released, despite
the  publicly announced  decision to  that  effect.   For  instance, retired
Brigadier  Mohammed Ahmed Al-Rayah,  whose case  was addressed  in detail in
previous reports (A/48/601, annex, para. 47, and E/CN.4/1994/48, para.  44),
reportedly was  not released  because he  refused to  retract his  complaint
from  1993  accusing security  officers  by  name  of  torturing him  during
investigations.  Moreover,  on 5 September  it was  reported that 13  people
were still being detained and, as mentioned, a  large number of new  arrests
reportedly have taken place in the meantime.


                5.  Provisions of penal legislation inconsistent
                    with international norms

24.  In its resolutions 1994/79 of 9  March 1994 and 1995/77 the  Commission
on Human  Rights called  upon the  Government of  the Sudan  to comply  with
international  human   rights  instruments   and  to   bring  its   national
legislation,  which  would include  the 1991  Criminal Act,  the legislation
regarding  the rights  of the  child and  the civil  status of  women,  into
accordance  with the  instruments  to which  the  Sudan  is  a party.    The
Commission also  called upon the Government  to ensure  that all individuals
in its territory  and subject to its  jurisdiction, including members of all
religious and  ethnic  groups, enjoy  fully  the  rights recognized  in  the
relevant instruments.

25.   The Special  Rapporteur did  not receive  any communication concerning
any initiative on the  part of the Government  to bring into accordance with
international  law  parts  of  the  Sudanese  legislation,  including  those
indicated in  the previous  paragraph, inconsistent  with the  international
human  rights instruments to  which the  Sudan is a signatory  party.  These
inconsistencies  were  discussed  in  detail  in  the  Special  Rapporteur's
previous  reports  with the  corresponding conclusions  and recommendations,
confirmed and  reflected  by the  resolutions  of  the Commission  on  Human
Rights of 1994 and 1995.

26.   It is worth noting  that during the past  two years  the Government of
the  Sudan in  its extensive  written  replies  to the  Special Rapporteur's
reports did not put forward one  single argument supporting the  consistency

of  the  analysed  provisions  of  its  State  legislation  with  applicable
international human rights norms and standards.


               6.  Slavery, servitude, slave trade, forced labour
                   and similar institutions and practices

27.   Following the publication of the 1994 report on the situation of human
rights in  the Sudan (E/CN.4/1994/48 of 1 February 1994),  the Commission on
Human  Rights called repeatedly  upon the  Government of the Sudan:   (a) to
investigate  without delay  the  cases of  slavery, servitude,  slave trade,
forced  labour  and  similar  institutions  and  practices  brought  to  its
attention;  (b) to  bring to  justice  the  perpetrators in  accordance with
articles  161  (abduction),  162  (kidnapping),  163  (forced  labour),  164
(unlawful confinement)  and 165  (unlawful detention)  of the 1991  Criminal
Act;  and (c)  to  comply  fully with  the relevant  provisions of  the 1926
Slavery Convention and  the 1956 Supplementary  Convention on  the Abolition
of  Slavery, the  Slave Trade,  and  Institutions  and Practices  Similar to
Slavery, to which it is  a signatory party, and to  take all the appropriate
measures to put an end to these practices immediately.

28.   The Special  Rapporteur expresses  his regret not only  with regard to
the total lack of  interest shown by the competent Sudanese authorities with
regard to the  investigation of the  cases brought  to their attention  over
the  past years, but  also his  concerns about the fact  that since February
1994  there has  been an  alarming increase  in the  number of  reports  and
information  emanating from a large  variety of sources on cases of slavery,
servitude, slave trade and  forced labour.  Cases  of abduction, sale of and
traffic in  children and women are  treated in the  sections of the  present
report  on the rights of  the child (paras.  40-56) and  the rights of women
(paras. 57-60), for reasons explained there.

 29.  Although  the Bahr al Ghazal and the Nuba Mountains area  are the most
affected  by this phenomena,  reports were  received from  all over southern
Sudan on the abduction of men, women  and children by the Government  of the
Sudan  army,  the  Popular Defence  Forces  (PDF),  government  armed  local
militias and groups of  mujahidin fighting the war  in southern Sudan on the
Government's side.  Therefore the use of  the word  "phenomena" is justified
in this respect,  since the abduction of  southern civilians, men, women and
children, whether  Muslims, Christians  or of  traditional African  beliefs,
regardless  of their  social status  or ethnic  belonging,  became a  way of
conducting the  war.   As  was already  mentioned  in  one of  the  previous
reports in  relation with  the situation  in the  Nuba Mountains:   "PDF and
army  units are given  orders to  collect civilians  -mainly women, children
and  elderly men  -  and  to  take them  to  the  Government of  the  Sudan-
controlled  peace villages" after  fighting has  taken place  and SPLA units
have been  forced to leave  a particular area  or village  (A/48/601, annex,
para.  88).   Similar  cases  were  described in  the  1994  interim  report
(A/49/539, para. 57).

30.  During his recent mission,  the Special Rapporteur received testimonies
on  regular  abductions  that  had  taken  place  in  Gogrial  during  joint
incursions  by the army,  PDF and  armed militias.   For instance,  S. A. D.
(aged  41), a man who had left Mayen Abun on 25  July 1995, told the Special
Rapporteur about a  number of men from Mayen Abun area who had been captured
by government troops  between April 1994  and May  1995.   Some of them  had
managed to escape  and shared their experience with  the witness.  A. B.  P.
(aged 34) was captured in  January 1995 and managed to escape on the way  to
Abiey.   M.  A. D.  (aged 22),  captured on  the same  occasion,  reportedly
escaped while the  group was crossing the Bahr  al Arab. M.  A. A. (aged 33)
and  A. D. A.  (aged 40) were captured in April  and May 1994 and managed to
escape from  El Muglad.   R. M. (aged 45) was captured  in December 1994 and
escaped  in April 1995, in poor health.  D. M. M.  (aged 32) was captured in
May  1995 and  escaped  in July  1995 from  a  place  between El  Muglad and
Babanusa,  where, according  to the  witness,  there  is a  guarded compound
surrounded  by a  fence, reportedly  built  for  the temporary  detention of

those captured  during incursions  in  Gogrial and  other areas  in Bahr  al
Ghazal.   At  the  time of  the interview,  the  witness believed  that  the
escaped men were  still in Gogrial.   He mentioned the names  of three other
men,  Mawien Deng  Duot,  Atem  Luat Akok  and  Akuei Riak  Ajuot, who  died
following  their capture  while being  transported northward.   The  witness
added that he  had learned from  the persons  indicated above  that some  of
those captured had been transported  northward via Babanusa, El Nuhud and El
Obeid  by camel  caravans.    He indicated  that  Kababish was  one  of  the
destinations.  Some women "are used as wives  by the soldiers", the  witness
said, and  mentioned the  name of  A. M.  A. (aged 21),  who had  managed to
escape from captivity and  had returned to Mayen Abun pregnant. At the  time
of the  interview, the witness  believed the woman  was still  in that area.
The existence  of the  detention place  between El  Muglad and  Babanusa was
corroborated by  the testimony  of A.  M. (aged  39), who  left Aweil  on 29
April 1994.

31.  During April  and May 1995 it is  reported that a train proceeding from
Babanusa to  Wau was used  to transport  civilians abducted during  raids in
the  area carried  out by  government  forces.   A. A.  (aged 42),  who left
Gogrial  in  July  1995,  gave  the   following  testimony  to  the  Special
Rapporteur.   In mid-May,  PDF troops  left the  train in  Aweil and  raided
Gogrial and  the surrounding  areas.   Some of the  locations targeted  were
Kuajok, Karic and Manyok.  PDF troops took thousands of cattle and  abducted
some  500 women and 150 children (between 5 and 12 years  of age).  Men were
taken especially from Manyoc.  According to the testimony received: 

  "Women and  children were  taken to  Aweil.   They  had to  walk first  to
Udhum, where they  were loaded on  the train.   This happens  only when  the
capture is  big, because then  relatives who  work in Aweil  could recognise
them.  Therefore, they have to bypass Aweil by foot.   When there are only a
few children, they are hidden on the train.  Once in Babanusa, children  are
taken by Dawa Islamiyah, an Islamic non-governmental organization active  in
the field  of education, while the Government claims that they are displaced
children.   Big boys  are  distributed as  workers in  Al-Dhein, Abu  Gabra,
Sibdu,  Kareiga,  Meiram and  El Muglad.    They  work in  the fields  or as
servants."

The witness added that  in February  1995 he had met  a Dinka man (aged  35)
from Gogrial who escaped from Kareiga, where he  was working for two  years.
He  had been caught in Akon, where  he was a cultivator.   This testimony is
corroborated  by previous  findings of  the  Special  Rapporteur as  well as
reports  and  information  emanating  from  a large  number  of  independent
sources who have conducted field investigations.   This information shows  a
consistent pattern  of abduction of  women and children from  Bahr al Ghazal
by the government army,  PDF troops, government  armed militias, as well  as
mujahidin  accompanying them  during  incursions and  raids  conducted  from
train  convoys guarded  by  the military  proceeding  to  Wau.   In  several
instances,  United Nations  relief  trains  distributing  food in  the  area
during  stopovers have been followed  a few weeks later by military convoys;
people   who  approach   the  militarily-guarded   trains  anticipating  the
distribution of food have become easy victims for the captors.

32.  Following an attack on 21 February  1995 by the government army  on the
village of  Toror, Umgurban county  in the Nuba  Mountains, it was  reported
that at  least 250 civilians  were abducted by soldiers.   Relatives believe
that those abducted were  taken to one of the "peace villages" in  Kordofan:
Um Dorein, Agab or Um Sirdiba.

33.   All  the reports  and  information received  indicate the  direct  and
general involvement  of the government  army, PDF, government armed militias
and mujahidin groups,  backed by  the Government of  the Sudan and  fighting
besides  the  army  and  the  paramilitary   units,  in  the  abduction  and
deportation  of civilians from  the conflict zones  to northern  Sudan.  The
places  where those captured  are temporarily detained before reaching their
final destinations  are also operated by  army, PDF  and/or mujahidin units.
In the  light of this information, the Special Rapporteur concludes that the

total  passivity  of the  Government after  having received  information for
years regarding  this situation can only  be interpreted  as tacit political
approval  and support of  the institution  of slavery  and the  slave trade.
Repeated reports have indicated the involvement of  local wealthy civilians,
often well known for  their close relations with the Government.  It  should
be noted that all  these practices have a  pronounced racial aspect,  as the
victims are exclusively southerners  and persons belonging to the indigenous
tribes of  the Nuba  Mountains.  Among  the latter group,  even Muslims  are
enslaved.
 7.  Freedom of thought, conscience and religion

34.   Reports on the  destruction of mosques  in the  Nuba Mountains reached
the  Special  Rapporteur  during   1995.    The   mosques  were   reportedly
desecrated,  burnt down  and looted,  allegedly  because of  the  officially
expressed claim  that the central Government  "knows better  Islam" than the
indigenous Nubans.   It  was reported  that during  1995 the mosques  in the
following locations  in the  Nuba Mountains  were  desecrated, burnt  and/or
looted:  Kumu, Toror, Um Derdu, Tajura, Kuchama, Kodi and Kauda.

35.    Reports continue  to  be received  on  enforced  Islamization  in the
governmentcontrolled  areas  in  the  conflict  zones  and  among  displaced
southerners  in northern Sudan.   Food  and relief,  including medicines and
clothes, are among the means used to force people to convert to the  Islamic
religion.  The displaced persons who  reject Islam, inter alia,  are refused
shelter and relief.

36.  Alarming reports were received on cases  in southern Sudan where  those
who refused to convert and to send their children to a  khalwa, were killed.
During  his recent  mission, the  Special Rapporteur  received  testimonies,
including an eyewitness account, on the  summary execution of 12  civilians,
men, women and children, at Lobonok on 3  May 1995, at noon.  At  the end of
April, following fighting  which reportedly had lasted almost three  months,
government  troops entered  Lobonok.   The  local  population was  forced to
convert to Islam, children  were dressed in white  djellaba and given Arabic
names.   Although  some  adults  did  convert  to  receive food,  the  group
mentioned above  was executed because  they refused to  convert and  to send
their children to the khalwa.  According to an eyewitness, Victoria  Yakisuk
(aged 55),  Salivar Yugu (aged 45)  and Redendo Wani  (aged 40) were  killed
after  trying to  run away into  the bush; and  Loku Mario (aged  35), Gumat
Mario (aged 18), Yugu  Mario (aged 10), Pitia  Mario (aged 7), Redendo Tombe
(aged 15), Renado Keny (aged 26), Kaku Tombe (aged 55), Kaku  Lege (aged 12)
and a middle-aged woman  whose name the witness  could not give,  were lined
up  and shot dead.  Kaku  Lege, a girl 12 years of age, was reportedly raped
before being  killed.  The eyewitness claimed that the killings were carried
out by a group of 12 soldiers in uniform.


8.  Freedom of expression, association and peaceful assembly

37.  Freedom of  speech and of the press  continue to be severely restricted
by the Government of  the Sudan in 1995.   Journalists who are  suspected of
opposing  the regime  are harassed,  arrested or  forced  into exile.   Both
local and foreign journalists must register  with the Journalists Committee,
linked  to   the  government-appointed  National   Council  for  Press   and
Publication.   Unlicensed  journalists reportedly  face one month  in prison
and  a fine of 500,000  Sudanese pounds.   Some journalists  must sit for an
examination to prove their ability. 

38.  In August  1995, security organs reportedly raided a number of  offices
and homes  of businessmen supplied with  fax machines,  confiscating many of
them.   To  use  a  fax machine,  one  reportedly  needs approval  from  the
Ministry of Commerce, a licence from  the Ministry of Telecommunication  and
clearance from the security forces.

 39.  Political parties and all  non-governmental organizations that are not
affiliated with  the Government  continue to  remain banned.   The  Criminal

Code of 1991 declares as an  unlawful assembly a gathering of more than five
persons without  prior approval  by the  competent State  authorities.   The
independence  of  the  judiciary  continue  to  be  seriously  curtailed  by
government restrictions and interference.


9.  The rights of the child

General aspects

40.  The Special  Rapporteur notes with regret that the introduction to  the
similar section  in his previous report  (E/CN.4/1995/58, para.  21) must be
cited again:

  "In   his   previous   report   to   the  Commission   on   Human   Rights
(E/CN.4/1994/48, paras.  86-101), the Special  Rapporteur paid  considerable
attention to violations and abuses against children in the Sudan.  He  noted
that in  the north of the  country most of these  violations and abuses  are
taking place with  the knowledge of the  competent organs of  the Government
of the  Sudan or  are even initiated and  directed by these organs.   In the
south,  all parties  to the  conflict are  to  be  held responsible  in this
respect."

41.   After a careful examination  of all reports  and information received,
the Special  Rapporteur concludes that in  northern Sudan  the situation did
not improve  during the  period between  January 1995  and the  date of  the
completion  of the present  interim report.  The  Special Rapporteur has not
received  any communication  from  the Government  regarding  the  questions
raised in his  previous reports and at the  same time the Government did not
put forward any  explanation or substantial denial  in relation to  the most
serious  abuses and  violations,  namely those  committed  against  children
living or working in the  street and the camps set up for children belonging
to these categories.

42.  As  will be substantiated  below, the  Special Rapporteur continues  to
receive  reports of the  practice of  arbitrarily rounding  up children from
the streets  of the  major towns of  northern Sudan,  including the  capital
city, and of sending  them to special camps where:   (a) they  are subjected
to a cruel and inhuman treatment;  (b) they are ideologically indoctrinated;
(c) non-Muslims  are forcibly  converted to  Islam and  have their  identity
changed  by being  given  Arabic names;  and (d)  in  some cases,  they  are
trained by the military in order  to be sent to southern  Sudan to fight the
war.

43.    From  the  information  received  from  eyewitnesses  who  had direct
experience regarding the practices described in  the present report or  were
involved as persons responsible for carrying  out activities in relation  to
children,  the  Special  Rapporteur  concludes   that  the  existence  of  a
centrally  coordinated government  policy is  at the origin  of most  of the
violations and abuses of  the rights of the child, as described above and in
the previous reports.  As one element of this  policy, the reluctance of the
Government  of  the Sudan  to make  the  necessary  amendments to  bring its
national legislation  into  accordance  with  the  provisions  of  the  1989
Convention  on  the  Rights  of  the   Child  (resolution  44/25)  must   be
highlighted.   The Special Rapporteur did  not receive  any communication in
this  regard and is not  aware of any  sign indicating  future change in the
policy of the Government of the Sudan.

44.  Although  the Sudan was among the  first signatories to the  Convention
on the Rights of the Child, the Government  of the Sudan flagrantly violates
several  provisions  of  this  instrument.   Article  3.1 states:    "In all
actions concerning children, whether undertaken by  public or private social
welfare  institutions,   courts  of  law,   administrative  authorities   or
legislative bodies,  the best interests  of the  child shall  be of  primary
consideration."  In  addition, provisions  of the Convention concerning  the
principle of  non-discrimination  (art. 2),  the right  of the  child to  an

identity  (arts. 8 and  30), the  prohibition of separation  from the family
against the will of the child (art. 9.1) and the right to liberty (arts.  37
and 40),  as well  as  provisions that  require  the  State to  provide  the
necessary safeguards to protect  the rights of the child (such as arts. 12.2
, 19  and 20) are  infringed.   Articles 35, 38  and 39  of the  Convention,
regarding the abduction,  sale of or traffic  in children, and the situation
of  children  in  armed   conflicts,  are  completely   disregarded  by  the
Government of the  Sudan and the agents  and organizations acting  under its
authority, on its behalf or with its active support.

45.   Since the overwhelming majority  of the victims are children belonging
to southern  tribes or  tribes  from the  Nuba Mountains  and the  Ingassema
Hills, the  racial aspect  of the  violations  cannot be  disregarded.   The
Special Rapporteur believes that the racial  dimension of the violations and
abuses  against children  living  in northern  Sudan,  or, in  the  case  of
children  in southern  Sudan, those who  are abducted and  sold into slavery
constitutes a particularly grave and alarming  circumstance, which should be
of particular concern from a human rights perspective.

46.  As  far as the situation  in southern Sudan  is concerned,  hundreds of
thousands of children continue to live in insecurity in the conflict  zones,
in  danger of being  abducted, exposed  to lasting  psychological trauma, or
living in inappropriate conditions.

47.   A new  ground-rules agreement  of cooperation  with OLS was  signed in
July 1995,  by  John Garang,  leader  of  the Sudanese  People's  Liberation
Movement/Army  (SPLM/A) and  in August  1995 by Riek  Machar, leader  of the
South  Sudan Independence  Movement/Army (SSIM/A).   In the  agreement, they
declared themselves  supportive of the provisions  of the  Convention on the
Rights of  the  Child.   Consequently,  under  the  auspices of  the  United
Nations Children's Fund (UNICEF) and OLS, a series of  seminars and training
courses focusing  on human  rights were conducted  for southern  politicians
and relief  workers of the relief  organizations run by these factions, with
special emphasis on the  rights of the child  as recognized by international
instruments.   This  initiative by  UNICEF and  OLS is  to be  welcomed  and
future programmes are to be encouraged.

Children living or working in the street

48.  The practices described  in previous reports of arbitrarily rounding up
children from the streets  of the capital and major towns in northern  Sudan
and  detaining  them in  special  camps  usually  situated  in remote  areas
continued   to  take  place   during  the   period  under  examination  (see
E/CN.4/1994/48, paras. 89-94, and E/CN.4/1995/58, paras. 26-34).

49.  From  the numerous reports  received, the  following case contains  all
the  elements  illustrating the  negative  aspects  of  this  practice.   In
September  1994,   the  federal  Government   ordered  Sinnar  state   local
authorities  to collect  street-children from the  towns of the  state.  The
order  was  issued  by  the  Ministry of  Social  Planning  in Khartoum  and
addressed to the Governor of Sinnar state, who  transmitted it to the  state
Minister of  Health.  The implementation  of this  order started immediately
and between September and  December 1994 130 children between the ages of  7
and 18  years were  rounded up in  the towns  of Sinnar,  Sinja, Dindir  and
Suki.   The number  of children  collected was insufficient  to establish  a
separate camp  and,  therefore,  the authorities  decided to  transport  the
children to Soba transitional  camp in Khartoum.   In the meantime,  some of
the  children managed to  escape from  Sinja, where  the group  was gathered
temporarily.  The fate of those who remained in detention is not known.

50.  Prior to  this event, beginning  in April  1994, the Government of  the
Sudan exerted pressure on  the local government in Sinnar state to create  a
separate camp within the khalwa run by  an Islamic organization in Mabrouka,
Dinder  province.  The aim was to provide military  training for some of the
boys in the school.  It  is to be noted that the age of the children in  the
school at that time  was between 5  and 16 years.  Local authorities  at the

level of  state  ministries refused  the  request,  preferring to  keep  the
management under  the control  of the  traditional leaders  who had  run the
khalwa since its establishment, with the consent of  the latter.  The latest
information on  the situation  is from February  1995, when  the school  was
still under  the authority of the  sheikh, who was  the manager before  that
date.

Abduction of children

51.   A number of cases  of abduction of children  from southern Sudan  were
presented in  the section on slavery and similar practices (see paras. 27-33
above).   In  his previous  reports,  the  Special Rapporteur  addressed the
issue of abduction of  children in both sections,  as in the present report,
because the effects of this practice  is twofold.  Some of the boys abducted
from southern  Sudan, as  well  as those  rounded  up  from the  streets  of
northern  towns, are used as  servants, while the girls become concubines or
wives, mainly  of  soldiers  and PDF  members in  northern  Sudan.   Another
category of children,  especially Dinka boys  as young  as 11  or 12  years,
reportedly receive military training and are sent  by the Government of  the
Sudan to  fight the war in southern  Sudan.  A further aspect that makes the
differentiation necessary is that children in the first category were, in  a
few cases,  retrieved by  their relatives  and after  long negotiations  and
compensation  had  been  paid  to  the  captors  were  reunited  with  their
families, as described in document E/CN.4/1994/48, paragraph 95.

52.   In 1994, a camp  for boys aged  between 6 and 16  years was reportedly
set up  in Damazin  province, south  of the  town of  Damazin.   In December
1994,  approximately 1,000  boys  were in  that camp,  all belonging  to the
indigenous  Ingasema Hills population.   The  children were  brought to that
camp by the police because, according to  testimony received by the  Special
Rapporteur from an  individual who had  visited the camp  twice, "they  walk
naked  and are non-believers".   Islamic  education is  being provided under
the control of the local state government.   The Special Rapporteur was told
that collecting  children and  bringing them  into the  camp was an  ongoing
operation; in January, the number of  inmates had increased to approximately
4,000.

The status of minors under the Criminal Act of  1991, with special regard to
punishments under the law, including the death penalty

53.   The Special  Rapporteur must reiterate  the conclusion  reached in his
previous reports, that there has been no change  in this regard.   According
to  article 27(2) of the Criminal Act of 1991 it is still possible to pass a
death sentence on a minor  as young as seven in certain cases prescribed  by
the same Act.

Sale or traffic of children

54.   Again the Special Rapporteur  must reiterate that he  is not aware  of
any  action  taken  by  the Government  of  the Sudan  to  investigate cases
brought  to its attention or to bring an end to the  practice of the sale of
and traffic  in children.   The  inactivity and  the total disregard  by the
Government  of the  call  upon it  by the  competent  United  Nations organs
during the  past two  years  cannot but  lead  to  the conclusion  that  the
practice  of the  sale  of  and traffic  in  children meets  with the  tacit
approval of the Government of the Sudan.

The right of the child to an identity and an education

55.   The  practice of  forcibly changing  the  names  of children  taken to
special  camps continued  unabated in  1995.   The same applies  to abducted
children or those subjected to sale or traffic.

Children in the conflict zones

56.  Further details of the situations described  in the introduction of the

present section  (see paras.  40-47 above)  will be  discussed in the  final
report to be submitted to the Commission on Human Rights.


10.  The rights of women

57.   The Special  Rapporteur did  not receive  any information  in 1995  on
amendments  aiming  to bring  the  State  legislation  concerning the  legal
status   of   women  into   accordance   with   international   instruments,
particularly the  Charter of the  United Nations, as  analysed in detail  in
the 1994  report to the Commission  on Human  Rights (E/CN.4/1994/48, paras.
102-108).    Consequently,  the  Special  Rapporteur  should  reiterate  the
earlier conclusion  that differentiation between  men and  women in  matters
relating to  civil capacity,  such as the  ability to bear  witness of  full
value, infringes  on one  of  the basic  principles  of  the Charter:    the
principle of  equality of  men and  women.   The Special  Rapporteur is  not
aware of any preparatory  act that would indicate that the Sudan is  willing
to  accede to  the  1979 Convention  on  the  Elimination  of All  Forms  of
Discrimination against Women, as was recommended in his previous reports.
  58.  The Special Rapporteur received  information from sources outside the
Government  of  the  Sudan about  the  release  in  August  1995  of  female
detainees  who  have  children.   Some  of the  sources  mentioned that  the
Director-General of Prisons, Major  General El Sheikh al Rayah, had issued a
report in  July  1995 drawing  attention  to  the serious  deterioration  of
prison conditions.  It  was stated that the report indicated that there were
1,000 sick women in jail and 300 children with their imprisoned mothers  and
it called for the release of all prisoners  with children and those  serving
sentences shorter than six  months. During his 1993  visits to the Sudan the
Special Rapporteur  had  criticized  conditions in  the women's  section  of
Omdurman prison and the treatment of inmates.   He also dedicated a detailed
analysis  in his previous  report to  the Commission on Human  Rights on the
causes of the  high number of women detainees  in State prisons in  northern
Sudan  and  drew  attention  to  the  numerous  deficiencies  in  the  legal
procedures  and abuses  and violations  of  which  convicted women  had been
victims   during  the   past  five   years:      rape  in   police  custody,
malnourishment, enforced  conversion to  Islam, physical  assault and  other
forms of  harassment.    While  the release  of  women  detainees is  to  be
welcomed,  the Special Rapporteur again  draws attention to the need to take
urgent measures aimed  at the elimination of the underlying causes that lead
to the detention of women, in  particular the criminalization of traditional
practices of southerners (namely, the brewing and  sale of alcohol) and,  in
general, the improvement of the social condition of displaced women.

59.  As emphasized in previous reports, one of the circumstances leading  to
abuses against women is the practically  unlimited powers granted to members
of  the  Popular  Police  Forces  and   the  People's  Committees  "in   the
preservation of  the moral health of the  society".  Article 5, chapter I of
Constitutional Decree No. 7/1993 concerning  private and public  life states
as follows: 

  "Public life  comprises functions, responsibilities  and endeavours  which
are  performed by the  armed, police  and security forces in  defence of the
nation and for the security of society.  Public  officials and professionals
shall be entrusted  with its management.   Likewise private life has  socio-
economic functions, entrusted to officials working for society's welfare."

60.   With regard  to the situation  of women in  general in  the Sudan, the
problems  highlighted in the  previous reports  have not  been solved.   The
Special  Rapporteur continues  to receive  reports on  the same  violations,
abuses and harassments described in prior  reports.  The Special  Rapporteur
can only  reiterate the  view that  women and  children are  among the  most
vulnerable groups  targeted by  agents acting  for and  in the  name of  the
Government of the Sudan. Rape continue to  be reported as widespread  (among
the  perpetrators being members  of all  parties to  the conflict), together
with  regular reports  on  the subjection  of  women to  forced  labour  for
military and paramilitary units and groups.

           11.  Freedom of movement and residence, including the right
                to leave or return to the country

61.   The  Special  Rapporteur  is not  aware of  any change  concerning the
arbitrary  restrictions of  freedom of  movement  reported during  the  past
years  on  those   who  had  been  detained  by  the  security  forces  (see
E/CN.4/1994/48, para. 109; and  E/CN.4/1995/58, para. 47).   Different types
of restrictions  on  the freedom  of  movement  of political  opponents  and
displaced persons still persist.  Members of international  non-governmental
humanitarian  organizations  reportedly  continue  to  meet  difficulties in
travelling throughout  the country.  The Nuba Mountains or the Ingasema Hill
areas are  forbidden zones  for any  independent human  right monitoring  or
relief activity.  The practice of  arbitrary denial of flying  clearances to
certain locations in southern Sudan continued during 1995.

62.   The Special  Rapporteur received  reports on  arbitrary restriction of
the freedom  of movement of Eritrean  refugees in eastern  Sudan.  Owing  to
other  reported harassments  and violations  of  their human  rights,  their
situation  appears to  have deteriorated  seriously  in  1995.   The Special
Rapporteur will dedicate  a separate section  to this problem  in his  final
report in 1996.

63.  A  new phenomenon which occurred in northern  Sudan at the end of  1994
consists of various  forms of restrictions  on the  freedom of movement  and
registration of  the population  based on  households and  neighbourhoods to
ensure the conscription of as many young men to the army as  possible in the
shortest  period of  time, outside  the  framework  of the  normal, periodic
presentation  for military  service of  certain  categories  of youth.   Two
basic  methods are reported, both of which lead to a  series of abuses.  The
first  method consists  of the  mandatory issuing  of  ration cards  to each
family  for  certain items.  These  cards, which  are  valid  for  one year,
contain extensive  data on  each family  member, including  name, age,  sex,
education, profession and place of birth.  Popular Committees are in  charge
of following  up whether the cards are  up to date and correctly filled out,
which means that members of the Committees  can enter any house at  any time
and investigate whether the situation is  in accordance with the information
on the  card.  In case  they come across a  young man, army headquarters  is
contacted  and the  person is forcibly  conscripted into the  military.  The
Special  Rapporteur  received  testimony  on  the  case  of  three  southern
students,  J. D.  K. (aged 21),  M. K.  (aged 19) and  M. M. (aged  23), who
where rounded up  from their homes in Khartoum by an army  unit following an
intervention  by members of Popular  Committees on 15 and  27 February 1995.
Another  method  is  to  round  up  young men  from  the  streets  or public
transportation vehicles  and take  them directly  to  the military  training
camps without the knowledge of their parents.   It is worth mentioning that,
according   to  independent  sources,  the  Transitional  National  Assembly
criticized  the  conscription   programme  in  April  1995  because  it  was
improperly organized  and because too  much force had  been used during  its
implementation.

64.   The  Special Rapporteur  received  reports  on formal  restrictions on
travel  abroad  imposed  recently   on  medical  doctors  who  are  Sudanese
citizens.   It was also reported  that in July  1995 the Ministry of Foreign
Affairs  had issued  a directive  regarding  the mandatory  registration  at
Sudanese  embassies  of all  Sudanese citizens  working or  studying abroad.
Failure to complete the  related form is sanctioned by the refusal to  renew
passports or to approve a renewal of the work contract, which is of  concern
in the light of  the previously reported practice of the Sudanese embassy in
Cairo  of arbitrarily retaining  passports forwarded  for the  issuance of a
visa or renewal of a passport (see for instance E/CN.4/1995/58, para. 48).


              B.  Abuses by parties to the conflict in southern Sudan
                  other than the Government of the Sudan

65.  In  1995 periods of  relative calm  in southern  Sudan alternated  with

incidents  that  led  to  killings  and  the  displacement  of  thousands of
civilians  owing  to  interfactional  fighting  or  abuses  and   atrocities
committed by local dissident  commanders.  While in  several areas the  need
for food  decreased with  a good harvest,  40 cases  of hostage-taking  were
reported  among relief workers,  as well  as abductions  by tribal militias,
accompanied by cattle  raiding and looting  of goods.   The  Bahr al  Ghazal
area  remained  highly  insecure  during  the  entire  period  owing  to the
presence  in the area  of armed groups  led by  dissident commander Kerubino
Kwnayan  Bol,  who  from  July  1994   regularly  raided  Gogrial  and   the
surrounding  areas,  killing  civilians,   looting,  abducting  people   and
terrorizing the population (see also A/49/539, para. 60).

66.   The most serious incident took place in Ganyiel region on the night of
30 July 1995,  when a large  group of  men from Akot, approximately  half of
them  wearing  uniforms and  carrying  weapons,  some  with  radio sets  and
walkie-talkies, attacked  at 3 a.m. two  villages, Manyal  and Guk, situated
north-west  of Ganyiel.  Later the  attackers  split  into three  groups and
continued  the assault  on villages  east-south-east and  south of  Ganyiel.
According to information provided by local  chiefs, 210 people were  killed,
out  of  whom  30 were  men, 53  were women  and 127  were children.   Seven
children  were reported missing;  since their  bodies were  not recovered in
the  following  days,  it  was  believed   that  they  had  been   abducted.
Eyewitnesses reported that some of the  victims, mostly women, children  and
the elderly, were caught while trying to escape  and killed with spears  and
pangas.  M. N., a member of the World  Food Programme (WFP) relief committee
at Panyajor, lost four of her five children (aged 8-15 years). The  youngest
child  was thrown into  the fire  after being  shot.  D.  K. witnessed three
women  with their babies being caught.   Two of  the women were shot and one
was killed with a panga.   The babies were all killed  with pangas.  A total
of 1,987  households were  reported destroyed  and looted  and 3,500  cattle
were taken.

67.   The  detailed  report  of  14  August  1995  by  OLS  based  on  field
investigation concludes that:

"The attack on Ganyiel was a  systematic, organized and planned intervention
in  which a  large  number  of armed  and  equipped soldiers  took part  and
committed atrocities  against the  local population.   There  can be  little
doubt  that the  soldiers  involved belong  to  SPLA.    While there  is  no
evidence to suggest that the  attack was formally sanctioned  or approved by
military commanders either at  the most senior level or locally, it is  hard
to  believe that  so  many  men  could  have  become  involved  without  the
knowledge of  the local commander.   None the  less, responsibility for  the
attack clearly lies  with SPLA/M and, as such,  is a clear violation of  the
new ground rules.  In addition, the attack  represents a clear violation  of
the traditions of the  Dinka people which  provide a very strict and  humane
code  of  conduct   for  behaviour  during   conflict,  which  included  the
protection of women, children, the elderly and unarmed men from attacks."

68.   The  Special  Rapporteur  received testimonies  on  the  extrajudicial
killings of  civilians accused  of cooperation  with the  Government of  the
Sudan  by  SPLA soldiers.   For  instance,  an  eyewitness told  the Special
Rapporteur that on 18 February 1995 in Mangalatore, SPLA  soldiers shot dead
two young women, Jeska  Poni (18 years) and  Margret Jokudu (16  years), and
two men, Stanely Soro  (20 years) and  James Kuva (23 years), because  "they
refused to  comply  with their  orders".   On  8  June 1995  in Lanya,  SPLA
soldiers  executed Josten  Lupai (39  years)  and  Charity Nyoka  (28 years)
based on the accusation  that they had collaborated  with the Government  of
the Sudan.  Several  instances of looting and ill-treatment of civilians  by
SPLA soldiers were also reported.

69.   In  the  second  half  of  August 1995,  interfactional  fighting  was
reported in Yuai  area between SSIA  and forces  led by  William Nyon  Bany,
resulting  in the  relocation of  relief staff  from Waat.    Insecurity was
reported  again in Thiek  Thou.  Fighting took place  on 28 August, after it
was reported  that dissident commander Kerubino  Kwanyan Bol  and his forces

had left Gogrial four  days earlier.  These  reports among others strengthen
once again  the urgent  need for  a  full-time monitoring  operation of  the
situation of human rights in the Sudan.


III.  CONCLUSIONS AND RECOMMENDATIONS

A.  Conclusions

70.  Since the  renewal of his mandate by  the Commission on Human Rights in
March 1995,  the Special  Rapporteur has  continuously received  information
and  reports on  violations of  the  whole  range of  universally recognized
human  rights in  the Sudan.   The Special Rapporteur  had no access  to the
Sudan during  this period,  for reasons  never explained  adequately by  the
Government of the Sudan. As mentioned,  the Special Rapporteur has  received
no response  to his  letter dated  28 July  1995 addressed to  the Permanent
Mission  of the  Sudan  to the  United Nations  Office at  Geneva requesting
permission to visit the Sudan.

71.  The  Special Rapporteur carried  out a fact-finding  mission to  Kenya,
Uganda and Eritrea during the period under review,  and in the meantime  was
assessing  the possibilities of  the placement  of human  rights monitors in
such locations as would facilitate improved information flow and  assessment
and would help in the independent  verification of reports on  the situation
of human rights in  the Sudan.   During the mission, the Special  Rapporteur
met   with   government   representatives   of    the   visited   countries,
representatives of  United Nations  agencies, international non-governmental
organizations and  Sudanese organizations operating  in these countries,  as
well as  with individuals, in principal  Sudanese refugees  who were victims
of  human  rights  violations  or  who  had  witnessed  such  violations and
provided testimonies  about the  current situation  of human  rights in  the
Sudan.   These  testimonies, corroborated  by  information received  from  a
large variety  of  reliable, independent  sources,  are  the basis  for  the
descriptions,  conclusions  and  recommendations  contained in  the  present
report.

72.    After  careful  study,  comparison   and  verification  of  all   the
information  received, the Special  Rapporteur concludes,  as he  did in the
previous  reports submitted to  the General  Assembly and  the Commission on
Human Rights,  that  grave and  widespread  violations  of human  rights  by
government agents, as well  as abuses by members of parties to the  conflict
in southern Sudan other than the Government of  the Sudan, continue to  take
place in  the zones  controlled by  them, including  extrajudicial killings,
enforced  or  involuntary disappearances,  abductions,  slavery,  systematic
torture and widespread arbitrary arrests of suspected political opponents.

73.   With  regard to  the violations  committed in  the conflict  zones  by
parties  other than  the Government  of  the  Sudan, the  Special Rapporteur
should  mention  in addition  the following:    most of  the reported  gross
violations and atrocities,  especially killings and abduction of  civilians,
looting and hostage taking of  relief workers, were committed during 1995 by
dissident  commanders, mainly  those who  had  split  from SSIA  in previous
years.    SPLA  bears  responsibility  for  the  violations  and  atrocities
committed in 1995 by  local commanders from its  own ranks, although  it has
not been proved that  they committed these actions on orders from the senior
leadership, nor is  it known whether they have  been or will  be pardoned by
superiors.   As noted in  paragraph 47 above,  both SPLA  leader John Garang
and SSIA leader Riek Machar  signed in July and August  1995 an agreement on
ground  rules  with  OLS in  which  both  expressed  their  support  of  the
provisions of  the Convention  on the  Rights of  the Child  and the  Geneva
Conventions  of  1949  and  the  1977  protocols  additional  to  the Geneva
Conventions.  The  Special  Rapporteur  welcomes  this  development  and  is
looking forward to receiving reports about  the full implementation of  this
agreement.  The  Special Rapporteur also  urges the two  signatories to  the
document  to  treat  in  practice  the  relevant  provisions  of  the  cited
international instruments as not only worthy  of support, but as unequivocal

and unilaterally assumed obligations and to  direct their future actions  in
this spirit.  In  this respect, both SPLA and SSIA senior leadership  should
take the  necessary measures without delay  to prevent  future violations by
investigating  the cases brought to their attention  and holding responsible
the  perpetrators, with  special regard  to the  Ganyiel incident  described
above.

74.   Women and  children continue to  be among the  most vulnerable  groups
targeted  deliberately  by  agents  acting  for  and  in  the  name  of  the
Government of the Sudan.   In this respect the following must be taken  into
consideration:

  (a)   The passivity of the  Government of the Sudan regarding the cases of
slavery,  servitude, slave  trade,  including  the abduction  of  women  and
children,  traffic  in and  sale  of  children,  forced  labour and  similar
institutions and practices brought to its attention;

  (b)  The Government  of the Sudan's complete  disregard of the  calls upon
it by the Commission on Human Rights in its resolution 1995/77 to  put to an
end these practices and to hold  responsible the perpetrators in  conformity
with the relevant provisions of the Sudanese Criminal Act of 1991;

   (c)  The lack of  measures to ensure that children and women, as well  as
other members  of  racial, ethnic  and religious  minorities, are  protected
from violations, atrocities and abuses of this type;

  (d)   That the Sudan is  a signatory party  to the 1926 Slavery Convention
and  the 1956  Supplementary Convention  on  the  Abolition of  Slavery, the
Slave Trade and Institutions and Practices Similar to Slavery;

  (e)  That according to persistent reports and testimonies  received by the
Special  Rapporteur  personally, as  well  as  to  findings  based on  field
investigations in  southern Sudan and in  the Nuba  Mountains by independent
human rights  organizations during the past  three years,  converging on the
fact that victims of these violations  are exclusively persons belonging  to
racial,  ethnic and  religious  minorities  from southern  Sudan,  the  Nuba
Mountains area and the  Ingassema Hills, and the perpetrators belong to  the
armed forces, PDF, local  militias armed by the Government of the Sudan  and
groups of mujahidin fighting together with the army in southern Sudan.

75.    The Special  Rapporteur cannot  but  conclude  that the  abduction of
persons,  mainly   women  and  children  belonging  to  racial,  ethnic  and
religious  minorities  from  southern  Sudan,  the  Nuba  Mountains and  the
Ingassema Hills  area,  their  subjection  to  the  slave  trade,  including
traffic in  and  sale of  children  and  women, slavery,  servitude,  forced
labour and  similar practices  are taking  place with  the knowledge  of the
Government of the Sudan.  The manifest passivity of the Government of  Sudan
in this regard after years of reporting  and calls upon it by United Nations
organs and international non-governmental organizations affiliated with  the
United Nations and  the subsequent lack of  any measures to protect Sudanese
citizens  from  these  practices lead  to  the  conclusion that  abductions,
slavery and  institutions and practices similar  to slavery  are carried out
by persons  acting under the authority  and with the  tacit approval of  the
Government of the Sudan.  The  overwhelmingly dominant racial connotation of
this phenomena  and the  fact that  the abductions  take place  mostly in  a
waraffected  area   are  to  be   considered  as  particularly   aggravating
circumstances.

76.  The  Special Rapporteur wishes to  emphasize once again,  as he  did in
all of  his previous reports, that,  according to  the information available
to him,  almost all aspects  of life  and all  categories and strata  of the
population are  affected by violations of  human rights  committed by agents
of the  Government or by  abuses against the  life, security  and freedom of
the individual  committed by members  of parties  to the  armed conflict  in
southern Sudan other than the Government of the Sudan.

77.  The Special Rapporteur notes  with regret that he cannot  report on any
improvement of  the situation of human  rights in the  Sudan between January
1995 and the  date of the present report.  To the contrary, information from
the Nuba  Mountains indicate that  atrocities on  the indigenous  population
there  have intensified, as  revealed by recent reports  on the abduction of
hundreds of  Nubans, on  the desecration of mosques,  continuing destruction
of churches  and harassment  of local  imams and  clergymen.   In the  final
report,  the Special Rapporteur  intends to  dedicate a  separate chapter to
the situation of human rights in the Nuba Mountains.

 78.   The Special Rapporteur  notes that no aerial  bombardments took place
in southern Sudan between the end of May and  mid-August 1995, which was not
the case  in the  Nuba Mountains  area where,  as mentioned in  paragraph 10
above,  on 21 June 1995 22  bombs were dropped  on the village of Regifi and
surroundings.  As   mentioned,  according   to  the   latest  reports,   the
indiscriminate and deliberate aerial bombardments on civilian targets  began
again in September 1995 (Nimule, Mughale, Chukudum).

79.   Regarding the humanitarian situation  in southern  Sudan however, some
important  positive developments took  place in  1995.   During a four-month
ceasefire from 28 March 1995 a  guinea-worm vaccination campaign was carried
out in  large areas  of southern Sudan,  although SPLM/A and  SSIM/A sources
complained to the Special  Rapporteur that access was denied to a number  of
locations under  government control.  Since  March 1995 OLS  had been denied
access by the Government to many  locations, including villages situated  in
guinea-worm  endemic areas, such  as Kongot  and Boma  in Eastern Equatoria.
In February 1995 OLS had access to 96  locations in southern Sudan, compared
with 90 in May.

80.   As a  further positive  development, the  family reunification process
which  started in southern Sudan  with the assistance of  UNICEF should also
be mentioned, as  well as the series of  training courses and seminars  held
with UNICEF/OLS  assistance.  For example, Dr. Magna Raundalen led a seminar
on counselling techniques for  teachers working with traumatized children at
Natinga  on 17 and  18 August.   The  seminar was the  first of  its kind in
Natinga, the  home of 1,700  unaccompanied minors.   The following  week Dr.
Raundalen conducted  follow-up seminars at Leer  for teachers  he had worked
with two years previously.

81.    Taking  into  consideration  all  the  aspects  of the  situation  as
described, the  Special Rapporteur  states as  a general  conclusion of  the
present interim  report  that the  seriousness  of  the situation  of  human
rights  in the  Sudan should  be  kept under  a continuous  and  intensified
monitoring and consideration by the competent United Nations organs.


B.  Recommendations

82.    In  the  light of  the  above  conclusions,  the  Special  Rapporteur
recommends that:

  (a)   The Government  of the  Sudan abide by its  human rights obligations
under   international  law   and  take   steps   to   give  effect   to  the
recommendations  made by the  General Assembly  and the  Commission on Human
Rights in resolutions  on the situation  of human rights in the  Sudan.  The
Special  Rapporteur  recalls  in  this respect  Commission  on  Human Rights
resolutions 1994/79  and 1995/77, in which,  inter alia, it  called upon the
Government to comply with applicable international human rights  instruments
and to bring its national legislation  into accordance with the  instruments
to which the  Sudan was a party, and  to ensure that  all individuals in its
territory  and  subject  to  its  jurisdiction,  including  members  of  all
religious and  ethnic groups,  enjoy fully  the rights  recognized in  those
instruments;

   (b)   The Government of  the Sudan cease  immediately the deliberate  and
indiscriminate aerial bombardments of civilian targets;

  (c)   The Government  of  the Sudan  release all  political detainees  and
prisoners, cease  all  acts of  torture  and  cruel, inhuman  and  degrading
punishment and  close down  all secret  detention centres,  ensure that  all
accused  persons are  granted due  process  of law  and lawyers  and  family
members  are allowed to  visit them;  ratify the  Convention against Torture
and  Other Cruel, Inhuman  or Degrading  Treatment or  Punishment, accede to
the  Convention on the  Elimination of  All Forms  of Discrimination against
Women, and  sign the First Optional  Protocol to  the International Covenant
on Civil  and  Political  Rights and  the  Second  Protocol  to  the  Geneva
Conventions;

  (d)  The Government  of the Sudan ensure  that its security  forces, army,
police  forces,  PDF and  other  paramilitary  or  civil  defence groups  be
properly trained and act  in compliance with the  standards set forth  under
international  law,  and  those responsible  for  violations  be brought  to
justice.   In this  connection, the Special Rapporteur  calls for a thorough
investigation of  all reported cases of  violations, in  particular those in
which  women  and  children  are  victims,   and  the  investigation  by  an
independent  judicial  commission of  inquiry of  the  killings of  Sudanese
employees of  foreign organizations, bringing  to justice those  responsible
for  the  killings  and  providing  just  compensation  to  the  families of
victims;

  (e)   The Government  of the  Sudan stop without delay  the rounding up of
children  from the streets  in major  towns under  its control,  release all
children from special  camps or any other places  where they are being  held
against  their will, make  all efforts necessary to  reunite them with their
families and to  ensure proper and decent living conditions for the orphans.
The  Special Rapporteur  wishes to  recall  in this  regard paragraph  10 of
Commission on Human Rights resolution 1995/77  in which the Commission urged
the  Government  of the  Sudan  to  terminate  policies  or activities  that
support,  condone,  encourage  or  foster  the  sale  of  or  trafficking in
children,  the  separation  of  children  from  their  families  and  social
backgrounds, or that  subject children to forced internment,  indoctrination
or cruel, inhuman or degrading treatment  or punishment.  The  Government of
the Sudan should also revise its  general policy concerning children  living
or working in the  street, a real  social problem in the Sudan,  clarify its
legislation in  this regard and make  sure that the  applicable laws are  in
full conformity with the Convention on the Rights of the Child;

  (f)   The Government of the Sudan  provide free access to all areas of the
country, in  particular to the Nuba Mountains and all  locations in southern
Sudan,  to  regional   and  international  humanitarian   organizations  and
representatives  of  human  rights  organizations,  including  human  rights
monitors envisaged in Commission on Human Rights resolution 1995/77;

  (g)   The Government of the Sudan carry  out immediate investigations into
previously reported human rights violations in  the Nuba Mountains and other
government-controlled  areas in  southern Sudan.   In  this  connection, the
Special Rapporteur recommends that the Government  of the Sudan publicly and
unequivocally dissociates  itself without  delay from the reported  cases of
abduction of  persons, especially  women and  children belonging  to racial,
ethnic and religious minorities from southern  Sudan, the Nuba Mountains and
the Ingassema Hills areas,  the subjection of these persons to slavery,  the
slave trade  and similar institutions and  practices by  agents acting under
government authority;

  (h)   The Government of  the Sudan  and the other parties  involved in the
armed conflict in central and southern Sudan agree as soon  as possible on a
cease-fire and intensify their efforts to come to  a peaceful solution.  The
Special  Rapporteur  calls upon  all  parties  to  the  conflict to  prevent
violence   by   their   agents   against   civilians,   including   torture,
extrajudicial executions  and other deliberate  and arbitrary killings,  and
arbitrary  detention.   The Special  Rapporteur  calls  upon all  parties to
apply strictly the  agreements reached with OLS regarding unimpeded delivery
of  relief to  those in  need.   The  Special  Rapporteur recommends  to the

General  Assembly  that  it  urge  all  parties  to the  conflict  to  begin
negotiations on the  enlargement of  the existing tranquillity corridors  in
order  to  decrease  the  flow  of  Sudanese  refugees  in  the neighbouring
countries;

  (i)  The Government of the Sudan address  the problem of displacement  and
create  the  appropriate  conditions  for  displaced  persons  and  Sudanese
refugees in neighbouring countries to return to their homelands;

  (j)  The situation of  human rights in the Sudan be kept under  continuous
and  intensified monitoring  and  consideration.   In this  regard, monitors
should be placed at  the earliest possible date  in such locations  as would
facilitate improved  information flow and assessment  and would  help in the
independent verification of reports on the situation of  human rights in the
Sudan.


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