Despite limited space for programmatic rule of law activities after the outbreak of the war in April 2023, UNDP played a critical role in reframing the UN Common Approach in Sudan to ensure that the rule of law and human rights, with accountability focus, remain priority areas. UNDP will take on core responsibilities related to the rule of law work as specified in the UNITAMS transition roadmap ahead of its departure.
Before the outbreak of the war, UNDP improved the understanding of prosecutors and legal advisors on a human rights-based approach to transitional justice and encouraged its application. UNDP organized a workshop on transitional justice for 100 participants (including 56 women), including victims of the war and their families, returnees and internally displaced persons (IDPs), which provided a safe space for the survivors of the war to share visions and demands for justice and reconciliation.
UNDP strengthened the capacity of Sudanese police officers (133 officers, 17 percent women) on preventing and investigating gender-based and conflict-related sexual violence, as well as community policing. The roundtable with the Sudanese Supreme Judicial Authorities, co-organized by UNDP, brought together Sudanese women judges to explore their pivotal role in preventing and addressing gender-based and conflict-related sexual violence.
In April 2023, war broke out between the Sudanese Armed Forces (SAF) and the Paramilitary Rapid Support Forces (RSF) that quickly spread across large parts of the country. The conflict has resulted in serious human rights violations and abuses, including killings, torture, enforced disappearances, rape and other forms of sexual and gender-based violence, grave child rights violations and mass arbitrary detention. Reports of escalating use of sexual and gender-based violence as a weapon of war, including gang rape, are widespread, while targeted attacks on civilians, based on ethnicity, continue unabated.
The conflict has caused a breakdown of the rule of law and severely impacted judicial systems and institutions, many of which have collapsed. Legal professionals were displaced or targeted which led to the shortage of qualified personnel to administer justice. As a result, there is no internal capacity in Sudan to conduct prompt, independent and credible investigations into allegations or to prosecute those responsible in a manner consistent with international human rights standards. This situation further emboldens warring parties and entrenches the sense of impunity. The overall lack of security and stability has severely limited the ability of the international community to implement rule of law interventions.
In Sudan, UNDP works closely with national and local authorities, civil society organizations (CSOs), UN agencies and other partners under the auspices of the UN Joint Programme on Rule of Law that ensures coordinated and collaborative approach. The implementation of UNDP’s portfolio was severely limited due to the outbreak of war in April 2023. Additionally, the decision of the Sudanese Government to terminate the mandate of the UN Integrated Transition Assistance Mission in the Sudan (UNITAMS) in the end of 2023 was indicative of the shrinking space for the rule of law, human rights and security programming.
UNDP has contributed to the UN Country Team’s (UNCT) reformulation of the UN Common Approach for Sudan. This updated framework document identifies justice and peace as critical areas emphasizing the need to prevent impunity for perpetrators of human rights violations, support accountability mechanisms and civil society organizations that represent survivors.
Moreover, UNDP will take on core responsibilities related to the rule of law work as specified in the UNITAMS transition roadmap ahead of its departure. The UN rule of law working group led by UNDP was tasked to map ongoing accountability initiatives and mechanisms, inside and outside Sudan, and to assess the compliance of Sudanese national mechanisms with international standards.
Before the outbreak of the war, UNDP in Sudan continued to implement its rule of law, human rights, justice and security portfolio. A three-day workshop on transitional justice was held in Kadugli, South Kordofan for 100 participants (including 56 women), including victims of the war and their families, returnees and internally displaced persons (IDPs). UNDP provided a safe space for the participants to share their visions, demands and priorities, as well as facilitated discussions on the challenges of transitional justice in the region.
In Khartoum, 40 lawyers (including six women) from the Bar Association, civil society and national institutions participated in a workshop on human rights and committed to promote the transitional justice policy based on international human rights standards. Further, UNDP organized a training for 133 Sudanese police officers (including 17 percent women police officers) on preventing and investigating gender-based and conflict-related sexual violence and community policing.
UNDP, UNITAMS and the UN Team of Experts on Rule of Law and Sexual Violence in Conflict co-organized a roundtable with the Sudanese Supreme Judicial Authorities. This event brought together Sudanese women judges to explore their pivotal role in handling cases related to gender-based and conflict-related sexual violence, and to identify which resources and training they need to bolster judicial capabilities and service delivery.
Lessons learned and good practices
By engaging with local stakeholders, using evidence-based methods, and adapting to changing circumstances, more sustainable and inclusive outcomes can be achieved.
Bottom-up engagement with community stakeholders and informal justice mechanisms proved to be critical, especially in times of conflict and institutional breakdown when localized reconciliation and grievance redress mechanisms remain the only avenue to access to justice for conflict-affected communities.
Looking forward
In 2024, within the scope of the UN Joint Programme on Rule of Law, UNDP will focus on filling the gap of the UNITAMS operations, in particular with regards to accountability. As atrocities against civilians are perpetrated on immense scale, timely, survivor-centered and context-specific accountability efforts are critical.
UNDP will continue to invest into community-level engagement to protect human rights and enable access to justice for victims of human rights violations during the conflict and in preparation for a post-conflict setting. A comprehensive assessment of justice needs of conflict-affected individuals and of existing accountability mechanisms at federal and state level will be critical to identify new programmatic entry points in 2024. Additionally, UNDP will strengthen the capacity of Sudanese civil society and affected communities enabling them to contribute to state-building and institution-shaping efforts in Sudan.