E/C.12/SDN/CO/2

Sudan (CESCR 27-10-2015)

The Committee on Economic, Social and Cultural Rights considered the second periodic report of the Sudan on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/C.12/SDN/2) at its 66th and 67th meetings (see E/C.12/2015/SR.66 and 67), held on 1 and 2 October 2015, and adopted the following concluding observations, at its 78th meeting, held on 9 October 2015.

Concluding observations

C. Principal subjects of concern and recommendations

Non-discrimination

19. The Committee notes with concern the discriminatory provisions affecting women, religious minorities and lesbian, gay, bisexual, transgender and intersex persons that are still in force in the State party, including those contained in the Criminal Law Act, the Personal Status Act, the Public Service Regulations, the Social Insurance Act and the Sudanese Nationality Act. The Committee is also concerned at the lack of legislation to implement the constitutional and Covenant provisions on non-discrimination. Moreover, the Committee is particularly concerned at reports of discrimination of individuals on the basis of religion and of sexual orientation and gender identity. (art. 2)
20. The Committee urges the State party to amend legal provisions that are discriminatory or have a discriminatory effect on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, in accordance with article 2 of the Covenant. The Committee also recommends that the State party adopt a comprehensive anti-discrimination law defining, prohibiting and punishing discrimination. The law should cover not only direct but also indirect discrimination and provide for the implementation of temporary special measures and remedies for victims. Furthermore, the Committee recommends that the State party condemn and punish acts of discrimination against religious minorities as well as against individuals on the basis of sexual orientation and gender identity. The Committee refers the State party to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.