Background Briefing

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Sudan under the Comprehensive Peace Agreement

Justice, the Rule of Law and Accountability

Donor governments should prioritize support for an independent and impartial justice system and accountability mechanisms in Sudan.  Other key requirements for rule of law and human rights protection in southern Sudan are political-military south-south reconciliation and active participation of civil society in the new government.

Although the report of the Joint Assessment Mission (JAM) mentions justice, the costing estimates reveal that both in northern and southern Sudan, the parties are more interested in putting in place a law enforcement sector than in encouraging the judiciary or human rights: for southern Sudan, the judiciary would receive only U.S. $7.4 million over three years (2005-07) and human rights only U.S. $2.1 million. The monies for law enforcement, however, are to be U.S. $58.5 million, with media development coming in second at U.S. $48.2.3  Spending at the national level on the judiciary (U.S. $10.2 million) and human rights (U.S. $11.9 million) will be greater than in southern Sudan over the same period4—despite the fact that the southern judicial system is extremely rudimentary and clearly requires more assistance.

Other areas requiring specific support include:

  • Accountability processes at the national level to investigate alleged violations of international human rights and humanitarian law by all parties to the conflict, and prosecuting, before fair, impartial, and independent courts, those accused of having committed such crimes or of having facilitated or tolerated such crimes by groups over which they exercised control.

  • Creation of a Truth and Reconciliation Commission composed of individuals of known honesty, integrity, and impartiality, to be appointed by the parties to the peace agreement and IGAD, the U.N., and the governments of the U.S., U.K., and Norway to provide full disclosure of past human rights abuses in the various armed conflicts since 1983.

  • Ensuring that restructuring of the police service in Sudan includes vetting of the members of the newly constituted police and military forces for past records of human rights abuse, and dismissal or not hiring of any individuals found to be questionable in this regard.

  • Review of Sudanese government (and any SPLM or southern regional government) legislation to ensure compatibility with international human rights standards and removal of barriers to full and free civil society participation.

  • Ratification by the government of Sudan of the Convention for the Elimination of All Forms of Discrimination against Women and other human rights treaties and ensure respect for their provisions.

    Transparency and Accountability in Governance: south-south conference

  • Donors should continue to pressure and provide funding for the SPLM to participate meaningfully in a south-south reconciliation conference. Continuing peace will not occur unless deep political and ethnic divisions in southern Sudan are reconciled, and the participants in government are representative of all ethnic groups in southern Sudan. 

  • Peace will not take hold unless the southern regional government is inclusive and permits all who wish, including civil society, to play an active role in government.  Donors should support initiatives that foster and build civil society participation in government. 

    The Sudanese people have suffered from decades of armed conflict and repression.  Darfurians continue to experience severe insecurity and human rights abuse daily.  In several U.N. Resolutions, the international community condemned abuses, urged that they be ended and redressed, and pledged support for reconstruction.  Donor governments should now fulfill those pledges by ensuring that Sudan’s transition process prioritizes promotion of human rights, the rule of law and addresses past abuses while enhancing human rights protection for the future.  At the same time, donors must urgently act to end the continuing atrocities in Darfur.

    Human Rights Watch looks forward to continued dialogue with donors on these issues and wishes the meeting every success.



    [3] Southern Sudan expenditures (judiciary projected at 7.4 mm for three years, etc.): Joint Assessment Mission Sudan, Vol. II, Cluster Costings and Matrices, March 18, 2005, Table 3, p. 14.

    [4] National expenditures (judiciary for three years, etc.): Joint Assessment Mission Sudan, Vol. II, Cluster Costings and Matrices, March 18, 2005, Table 1, p. 11.


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