From the Draft report of the Council A/HRC/9/L.11, 9 October 2008

9/17. Situation of human rights in the Sudan

The Human Rights Council,

Guided by the principles and objectives of the Charter of the United Nations, the
Universal Declaration of Human Rights and the International Covenants on Human Rights,

Reaffirming that all Members States have an obligation to promote and protect
human rights and fundamental freedoms as stated in the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human Rights and
other applicable international human rights instruments,

Reaffirming also Commission on Human Rights resolution 2005/82 of 21 April 2005,
and Council resolutions 6/34 and 6/35 of 14 December 2007 and 7/16 of 27 March 2008,

Recalling Council resolutions 5/1 on institution-building of the Human Rights Council
and 5/2 on the code of conduct for special procedures mandate-holders of the Council
of 18 June 2007, and stressing that the mandate-holder shall discharge his/her duties in
accordance with those resolutions and the annexes thereto,

1. Takes note of the reports of the Special Rapporteur on the situation of human rights
in the Sudan (A/HRC/9/13) and the status of implementation of recommendations compiled by
the Group of Experts on Darfur (A/HRC/9/13/Add.1);

2. Acknowledges the progress made in the implementation of the Comprehensive Peace
Agreement and the steps taken by the Government of the Sudan to strengthen the human rights
legal and institutional framework, principally in law reform;

3. Expresses its deep concern at the overall situation of human rights in the Sudan,
including arbitrary arrests and detention, exacerbated restrictions on freedom of expression,
association, assembly and movement across the country, and the lack of justice and
accountability for serious crimes;

4. Calls on the Government of the Sudan to continue and accelerate the implementation
of the Comprehensive Peace Agreement and to establish the remaining commissions, in
particular the finalization of the establishment of the national human rights commission, in
accordance with the Paris Principles;

5. Also calls on the Government of the Sudan to continue and intensify its efforts for
the promotion and protection of human rights, by taking all possible concrete steps to improve
the human rights situation;

6. Takes note of initial measures taken by the Government of the Sudan to implement
the recommendations of the Group of Experts and to address human rights concerns, including
the deployment of police personnel in Darfur and the sentencing of several perpetrators of
serious violations of human rights, but notes that a number of the recommendations have not yet
been implemented;

7. Urges the Government of the Sudan to continue and intensify efforts to implement
the recommendations compiled by the Group of Experts on the situation of human rights in
Darfur without delay, in accordance with the specified indicators;

8. Expresses its deep concern at the serious violations of human rights law and
international humanitarian law in Darfur;

9. Calls on all parties to respect their obligations under international human rights law
and international humanitarian law, in particular with regard to the protection of civilians, and to
end all attacks on civilians, with a special focus on vulnerable groups, including women, children
and internally displaced persons, as well as human rights defenders and humanitarian workers;

10. Stresses the primary responsibility of the Government of the Sudan to protect all
its citizens, including all vulnerable groups;

11. Reiterates its call upon the signatories of the Darfur Peace Agreement to comply
with their obligations under the Agreement and calls upon non-signatory parties to join in and to
commit themselves to the Agreement in compliance with relevant United Nations resolutions;

12. Stresses the need to address impunity and urges the Government of the Sudan to
ensure that all allegations of violations of human rights and international humanitarian law are
duly investigated and that the perpetrators are brought to justice promptly by observing due
judicial process;

13. Recalls that the Darfur Peace Agreement stipulates the principles of enhancing
accountability and preventing impunity;

14. Urges all parties to the conflict to fully cooperate with the United Nations Mission in
the Sudan and the African Union-United Nations Hybrid Operation in Darfur, in particular with
their mandate to protect civilians, and to allow humanitarian agencies to move freely and safely
throughout Darfur and the Sudan to carry out their vital work;

15. Decides to extend until June 2009 the mandate of the Special Rapporteur on the
situation of human rights in the Sudan, in accordance with Council resolution 6/34, and without
prejudice to the relevant provisions of Council resolution 5/1;

16. Urges the Government of the Sudan to cooperate fully with the Special Rapporteur
and to respond favorably to her requests to visit the Sudan and to provide her with all necessary
information so as to enable her to fulfill her mandate even more effectively;

17. Requests the Special Rapporteur to assess the needs of the Sudan in the context
of her mandate and to mobilize the necessary international technical and financial support to
the Sudan in the field of human rights, and invites relevant United Nations bodies and agencies,
including the Office of the United Nations High Commissioner for Human Rights, to continue
to provide support and technical assistance to the Sudan in the field of human rights, in
accordance with assessed needs, and calls upon donors to also continue to provide financial and
technical assistance and required equipment for the improvement of the human rights situation in
the Sudan;

18. Also requests the Special Rapporteur to further ensure effective follow-up and to
foster the implementation of the remaining recommendations identified by the Group of Experts
through an open and constructive dialogue with the Government of the Sudan, and to include
information in that regard in her next report;

19. Further requests the Special Rapporteur to present to the Council an annual report at
its eleventh session;

20. Calls upon the Secretary-General to provide the Special Rapporteur with all
necessary assistance to enable her to discharge her mandate fully, including by enabling any
required consultations in this regard;

21. Decides to pursue consideration of the matter in accordance with its annual
programme of work.


23rd meeting
24 September 2008
[Adopted without a vote. See chap. IV.]