The violation of human rights was mostlydue to the civil war between north and south tension, the Darfur conflictinvolving the Arab people in the Darfur region due to the fact that the elitein the country were mostly the Arabs with good lands and economic prosperity andcontrol over the government, southern Kordofan and Blue Nile states issues.Comprehensive Peace Agreement interim thatwas signed in 2005 that was to end the rift between the north and south hadpromised to include human rights commitments in their bill of rights as part ofits work too.
The CPA work come to an end immediately after South Sudan wasdeclared independent and with this statement the rate of human rights violationincreased in both sides of the new boarder formed.HUMANRIGHTS VIOLATIONS Women rights violation- the rights ofwomen in Sudan were violated due to the fact there is gender inequality withthem not being able to be involved in the regimes of Sudan. During the Darfurconflict, women were being raped. All this is shown by the fact that the Arabmilitias were raping women in Darfur region after the conflict.
Genderinequality is brought by the fact that Sudan was not at first signatory toConvention on the elimination of all forms of discrimination against women(CEDAW). It criminalizes against their dressing too due to religion differencemajority being Muslim Child rights violation- the childrenrights were violated in Sudan due to the fact that there were over 17000 childsoldiers fighting for the government and the rebels groups. Mostly the childrenare abducted or recruited by forceFreedom of religion- in Sudan severalpastors were arrested due to the fact of restriction in terms of religiousfreedoms Right to life- several people lost theirlives during the conflicts that aroused In Sudan, over 100 thousand people losttheir lives during the Darfur misunderstanding and also in 2013, 170 peoplewere killed in Sudan who had no real justiceTorture, unlawful detention- severalhuman rights activists, journalists covering the issue, student leaders thatwere against harassment and civil society leaders were tortured and abductedunlawfully.Freedom of speech- security forces uselethal force against protests that were protesting against Arab influence intheir country and economic and also controlling and intimidating the media andcivil society organizationRight to self determination- during therift that concerned the south Sudan people in wanting to succeed on their own.These brought about conflict that caused so many violation of human right Other rights like access to justice,right to proper living standards, extra-judicial killings, equality before thelaw etc. were committed too.IMPLEMENTATIONIn terms of implementation Sudan shows amonist and dualist approach and that international treaties play a direct rolein their legal system after ratification. Although these two hybrid legal normsbring about difficulty in practice in terms of implementation of internationaltreaties by law enforcement and courts due to conflicting issues.
Also implementation of these rights arehindered by the fact there is conflict between international treaties, Sudanconstitutional bill of right, Shari ‘a laws and customary laws.Constitutional; bodies and CPAcommissions tasked with protecting and promoting human rights i.e. human rightscommission, National commission for the review of the constitution and theNational judicial service commission are meant to help in the implementation ofthese rights but the fact that thesebodies are weak calls for reviewing and reforming them in Sudan. Institutionalreforms regarding the police and the National Intelligence and Security Servicein Sudan are needed too due to their weak structure.
Sudan constructional court failed in itsimplementation due to lack of challenging the executive branches of thegovernment and also they failed to consider the international human rights lawalthough their constitutional obligates them to do soThe state is supposed to protect andlook after the obligation of its citizen by ensuring proper representation andimplementation of their rights although Sudan failed to do this and ratherallowed economic prosperity by the Arab people over its people.OUTCOME AND RELEVANCE OF INTERNATIONALTREATIES AT PLAYInternational treaties at play areinternational covenant on civil and political right, International covenant ofeconomic, social and cultural rights, Convention on the rights of child,convention against torture and other cruel in human acts, convention onelimination of human rights discrimination, convention on migrant members.For example convention on the right ofchild was adopted into the constitutional of Sudan as the child Act whichbrought about several concerns that helped in forming a committee that lookedinto several issues concerning a child like discrimination and wrongful doingto a child, imprisonment issues concerning a child etc.Convention against women discriminationhelped shine light to Sudan which was experiencing high rate of womendiscrimination. This is the fact of culture since majority of Sudan are Muslimand also the undermining of women is basically a role in Sudan.
Regime formsand changes were created concerning this fact through shifting of ideologiesand speaking for women rights in Sudan. ICCPR and ICESCR are part of the bill ofrights in Sudan and therefore Sudan is under the obligation of protecting,promoting and implementing the bill of rights and therefore no derogation fromthe bill of rights is allowed. Human rights commission concerning in providingand avoiding violation of these rights was formed as a helping hand offulfilling the bill of rights act The involvement of other states in Sudanshowed that the international treaties had a role in their decision tointerfere although not the case for all but with that the application ofinternational treaties indirectly helped the people of Sudan