E/C.12/SDN/CO/2
expenditures diverting funds away from sectors such as education, health and social
protection, which receive only marginal allocations from the State budget. (art. 2)
16.
The Committee urges the State party to:
(a)
Improve public governance and ensure transparency, in law and in
practice, in the conduct of public affairs, including in the administration of
humanitarian and development aid, and the granting of natural resources exploitation
licences and the management of revenues therefrom;
(b)
Combat corruption and related impunity effectively, including by
protecting whistle-blowers, strengthening the independence of anti-corruption
institutions and putting in place safe mechanisms at the national and local levels for
submitting complaints and reporting irregularities;
(c)
Invest every effort, including through the national reconciliation process,
to seek a sustainable settlement of the conflicts in the State party, reduce security and
military spending and allocate more resources to the reconstruction of conflictaffected areas;
(d)
Increase public social investments to address the concerns contained
herein related to the limited enjoyment of economic, social and cultural rights.
Austerity measures
17.
While noting the need for fiscal adjustments subsequent to the loss of an important
share of the State party’s budget revenue, the Committee is concerned that measures taken
to mitigate the effect of the austerity programme have further corroded the enjoyment of
certain Covenant rights, such as the right to food, especially by the most marginalized and
disadvantaged groups. (art. 2)
18.
Referring to the letter dated 16 May 2012 addressed by the Chair of the
Committee to States parties on austerity measures, the Committee recalls that policy
reforms should identify and protect the minimum core content of Covenant rights at
all times and should not disproportionately affect marginalized and disadvantaged
groups. The Committee also recommends that the State party ensure that its
obligations under the Covenant are duly taken into account in negotiations with
international financial institutions such as the International Monetary Fund.
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
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