A/HRC/5/6
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recommendations, underlined that these commitments must be specified as concrete time-bound
actions. The experts group also welcomed the commitment of the Government to respond to all
pending communications submitted by the special procedures of the Human Rights Council.
23. The experts group noted the Joint Communiqué on humanitarian access, of March 2007,
but reiterated that the mere existence of an agreement or law is insufficient to ensure the rights of
its beneficiaries, which can only be measured through improvements on the ground. At the same
time, the experts group noted that the Government of the Sudan, while accepting the importance
of implementing the Joint Communiqué and protecting humanitarian workers, disagreed with the
experts group’s analysis of the seriousness of the situation on the ground. The experts group also
noted the Government’s disagreement with the recommendation on the protection of
humanitarian workers and humanitarian access as well as the recommendation to grant human
rights monitors the ability to carry out unannounced visits to places of detention while giving
assurances that visits to places of detention would be allowed whenever the necessary
notification is provided to the relevant authorities.
24. The Sudanese delegation disagreed with the premise that the Government of the Sudan is
under a legal obligation to cooperate with the International Criminal Court (ICC) because its
national courts have reportedly investigated all allegations of war crimes and crimes against
humanity. The Government further stated that whenever such allegations were found to be
substantiated, the suspects have been sent to court and victims have been compensated.
25. The Government of the Sudan also clarified its position with regards accession to
international conventions such as the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT) and the Optional Protocol to CAT,
which were also included as recommendations in the matrix. While in principle the Government
of the Sudan is reportedly not against ratification of these Conventions, and is indeed considering
accession with certain reservations, the Government is unable to commit to ratify them within
the recommended time frame because of the purported need to raise awareness in society and
because the Government cannot anticipate the outcome of legislative procedures necessary to
ratify them.
26. In conclusion, the experts group noted with satisfaction the expressed willingness of the
Government to take steps to partially or fully implement or to continue implementing the
following recommendations included in the annexed matrix: 1.1.1; 1.1.4; 1.1.5; 1.2.1; 1.2.2;
1.2.3; 1.2.4; 1.3.1; 1.3.2; 1.3.3; 1.4.1; 1.4.3; 1.4.4; 1.5.1; 1.6.1; 1.6.2; 2.2.3; 3.1; 3.2; 3.4; 3.5; 4.5;
4.6; 4.7.
27. The experts group is of the opinion that there is scope for a rapprochement of positions on
other recommendations and therefore recommends continuing dialogue with the Government of
the Sudan on these issues.
VI. CONSULTATIONS WITH THE INTERNATIONAL COMMUNITY
28. In order to facilitate a common understanding of the spirit of resolution 4/8, and also to
ensure transparency, on several occasions the experts group briefed relevant partners of the
international community in Geneva on progress made towards implementation of resolution 4/8.