U.N. SPECIAL RAPPORTEUR FOR HUMAN RIGHTS VISITS

C O N F I D E N T I A L SECTION 01 OF 02 KHARTOUM 000579

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E.O. 12958: DECL: 03/07/2016
TAGS: PHUM PGOV PINR SU UN
SUBJECT: U.N. SPECIAL RAPPORTEUR FOR HUMAN RIGHTS VISITS
SUDAN


Classified By: P/E Chief E. Whitaker, Reason: Section 1.4 (b) and (d)


1. (C) SUMMARY: United Nations Special Rapporteur on Human
Rights in Sudan, Dr. Sima Samar, briefed diplomats yesterday
in Khartoum at the end of her week-long visit to Sudan.
Though Samar reported little progress on national security
reform or the creation of national human rights institutions,
she did say that Sudan had promised to ratify the Convention
to End All Forms of Discrimination Against Women (CEDAW) by
the end of the year -- a major &shift in thinking8 since
her last visit. She also explained the challenges of
drafting human rights law in Southern Sudan, and called upon
the international community to provide technical assistance.
By her own account, Samar,s visit went well -- or at least
better than reported in the Khartoum papers -- though the
real question now is whether this visit will be her last.
END SUMMARY.


2. (C) The United Nations Special Rapporteur on the Situation
of Human Rights in Sudan, Dr. Sima Samar, told foreign
diplomats on March 5 that Sudan,s Government of National
Unity (GNU) had promised to ratify the Convention to End All
Forms of Discrimination Against Women (CEDAW) by the end of
the year, but that it still faced several obstacles before it
fully implemented the Comprehensive Peace Agreement (CPA),
especially in terms of legal reform. Samar briefed the
diplomatic corps in Khartoum at the conclusion of a seven-day
visit to Sudan; the trip was her second since she was named
Rapporteur in July 2005.

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Mixed Results on Security Reform, CPA Commissions
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3. (C) Samar,s visit focused on the reform of the national
security apparatus and the creation of national human rights
institutions, as mandated by the CPA. Her meetings with
officials from Sudan,s National Intelligence and Security
Service (NISS) went &well,8 though she was concerned that
the NISS was actually expanding its role in society, rather
than reducing it. According to Samar, GNU Minister of State
for Presidential Affairs Telar Deng said the NISS would add
120 new positions this year, partially in response to the
situation in Darfur.


4. (C) She also questioned the tight schedule for
establishing human rights protection commissions under the
CPA. &Sudan is trying to do in a year what it took us three
years to do in Afghanistan,8 explained Samar, who also
served as Deputy Chair of the Interim Government of
Afghanistan, and is now Chair of the Afghanistan Independent
Human Rights Commission. Her comments were echoed by a
representative from the Delegation of the European
Commission, who complained that the GNU was &rushing to meet
certain time schedules8 -- particularly in the establishment
of national commissions -- without first undertaking real
legal reform.

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But Real Progress on Women,s Issues
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5. (C) Asked by POLOFF about the government,s poor record on
violence against women, Samar did report some progress in
efforts to persuade Sudan to ratify the Convention to End All
Forms of Discrimination Against Women (CEDAW). When she last
met with officials from the Ministry of Justice, in November
2005, there had been &overwhelming opposition8 to
ratification, with one minister complaining that &it was
impossible for a Muslim country.8 Now, however, Samar
reported the Ministry was &working on it,8 and the same
minister told her Sudan would ratify the convention by the
end of 2006 -- though possibly with reservations on some of
the articles. In her mind, this represented a real &shift
in thinking8 on the part of the GNU.

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Southern Sudan: The Challenge of Legal Reform
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6. (C) Responding to a question from the Ambassador of the
Netherlands about her visit to Juba, Samar told the gathering
that the only human right people enjoyed in Southern Sudan
was &freedom of movement.8 Moreover, though authorities in
the North had some experience in government, former rebel
groups in the South had very little background in government,
law, or human rights. Implementing human rights protections
in the South required merging the laws of the &New Sudan8
with local customary law and the laws of the North -- a
challenge under any circumstances, but a particularly

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daunting one for a society without trained jurists.
Nevertheless, Samar believed the United Nations could play a
key role ¬ just in criticizing them (the Sudan People,s
Liberation Army),but in showing them how to make it work,8
and urged the international community to provide technical
assistance for legal reform in Southern Sudan.

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A &Heated Discussion8 with Lawmakers over New NGO Law
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7. (C) Samar,s calm disposition during the session with
diplomats was at odds with reports in Khartoum,s Arabic
language newspapers, which said she had been &kicked out8
of the National Assembly one day earlier, following a meeting
with lawmakers. An Embassy contact at the United Nations
Mission in Sudan (UNMIS) Human Rights Office who accompanied
Samar to the National Assembly denied the story, explaining
that the Special Rapporteur had asked legislators several
questions about the recently passed Humanitarian and
Voluntary Work Law. (The law places new restrictions on
international NGOs operating in Sudan; Post will provide a
detailed report on the new law in septel). The lawmakers and
the Special Rapporteur had a &heated discussion8 about the
law, with one member demanding &Who do you think you are to
talk to us like that?8 Samar left the session without
incident, according to the contact.

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Comment: Will She Come Back?
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8. (C) Samar will no doubt have plenty to report to the
United Nations Commission on Human Rights, though it is not
clear that Sudan has made much progress since her last visit.
Her real utility may come from being an articulate, Muslim
woman from a predominately Islamic war-torn country speaking
out on the need to protect human rights in another largely
Islamic war-torn country. But when asked by POLOFF whether
or not she plans to return to Sudan before her one year term
expires, she deflected the question deftly: &That depends
on what your country decides to do with the Human Rights
Council.8
WHITEHEAD