The African Centre for Justice and Peace Studies is dedicated to promoting human rights and the rule of law in Sudan through ongoing monitoring of human rights violations in the country, promotion of legal reform and the understanding of legal challenges facing Sudan and national and international advocacy on these issues.

The Legal Reform Programme

The promotion of legal reform inside Sudan is a central focus of the Centre. Our legal reform program builds upon the planned legislative reform envisaged by the Comprehensive Peace Agreement, signed by the National Congress Party government in Khartoum and the former Southern rebels, the Sudan Peoples' Liberation Movement (SPLM), under which a new interim constitution was adopted in 2005. The Interim Constitution includes a progressive bill of rights, and Sudan's national laws are to be reformed under the terms of the agreement in order to ensure conformity with the new constitution and international standards.

The National Assembly which was appointed for the interim period has been considering such legislative changes. However, the process for legal reform has been beset by a number of challenges: 

• Opposition legislators have no staff resources to allocate for research or analysis of draft legislation.
• There are no clear criteria for the legal reform programme ongoing in Sudan.
• There is an ongoing lack of political will to enforce human rights standards in national legislation.
• There is no specialised body overseeing the programme of legal reform as a whole in Sudan.
• Civil society organisations and other relevant stakeholders are not generally consulted in the legal reform process.
• There is a tension between the standards of sharia law and international standards. 

In addition, there has been pressure from the National Congress Party to press for tightening of the legal regime, rather than the liberalisation envisaged by the CPA. The NCP is able to use its majority position in the National Assembly to avoid real dialogue with partners about the content of law reform, and to push through revisions which are contrary to the spirit and letter of the CPA.

The Centre’s Legal Programme focuses on facilitating dialogue on legal reform through promotion of awareness of the need for, and goals of, legal reform, monitoring and analysis of recent legislative changes, monitoring the performance of the judiciary and legal aid, as well as engagement with key legal issues relevant to human rights, such as conditions of detention.

Research and Monitoring Programme

In the aftermath of the March 2009 announcement by the International Criminal Court of the issuance of a warrant of arrest against Sudanese President Omar Al Bashir, human rights defenders and organisations in Sudan have been the subjects of an ongoing crackdown by the government of Sudan. The closure of three national human rights organisations and the expulsion of 13 humanitarian NGOs has closed off many of the most critical sources of ongoing monitoring of the human rights situation in Sudan.

The Centre’s monitoring program is focussed on reactivating and enhancing monitoring capacity in Sudan. The situation in Darfur is a particular priority, although the Centre will maintain a national focus.

This monitoring will feed into press releases and briefing notes on relevant issues, as well as informing determinations about the most relevant areas for more in-depth research and legal analysis.

Advocacy Programme

International actors played a critical role in facilitating the negotiation of the CPA and in acting as supporters of the political process which it envisages. Similarly, the international community’s response to the crisis in Darfur is likely to play an important role in the resolution of the crisis.

The United Nations and the African Union have both played critical roles in responding to the crisis through both by facilitating the process of political negotiations and in deploying peacekeepers to the region. In addition, the international community has played a critical role in ensuring accountability for the very serious crimes committed in Darfur by, first, through the United Nations Security Council, referring the situation in Darfur to the International Criminal Court. More recently, the African Union and the Arab League have played a critical role in engaging with the government of Sudan to explore ways in which domestic efforts to ensure accountability can be supported.

For this reason, the Centre will prioritise direct engagement with these international actors. The advocacy programme is aimed at ensuring that those in a position to make policy are informed by detailed information about the human rights situation in Darfur and the views of national civil society.