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These conflicts have included those between Muslim-Christian, Arab-African and nomad-farmer groups, e. The rule of law is but one of many casualties resulting from the permanent presence of conflict or threat thereof in the South, West and Eastern regions. The complexity of these factors renders it extremely difficult to distil a comprehensive overview of formal and informal Sudanese laws that are currently in operation.
Rather, this article will attempt to present an elementary overview of principle Sudanese laws, as well as some contextual background as to the nature of the informal justice mechanisms that operate outside the formal legal mechanisms. A final section is included that lists important domestic legislation; as well as primary treaty law to which Sudan is a signatory.
A list of useful electronically available resources is also provided, in particular, links to extensive reporting on human rights practices in Sudan.
Governance history and current political landscape Prior to independence inSudan was jointly administered by Anglo-Egyptian forces following their capture of Khartoum in The north and southern regions of Sudan were administered separately untilafter which political power was placed within the hands of a northern elite that was composed largely of Arab ethnicity.
Following independence, the North and South have been in almost constant conflict; the first civil war lasting from - and the second from to At present, "Sudan has an authoritarian government in which all effective political power lies in the hands of President Omar Hassan al Bashir and the National Congress NC Party inner circle, who have been in power since a military coup that was instigated and supported by the fundamentalist National Islamic Front NIF.
Not surprisingly, the early mixture of British and Arab rule, combined with more recent assertions of Islamisation by political forces in Khartoum have had significant implications upon the composition of Sudanese laws.
Indeed, the religious composition of the warring groups has also influenced the nature of laws administered in areas controlled by the Muslim-dominated central government and the Christian rebel movement in the South.
Despite the death of SPLM leader and Vice-President elect John Garang in Augustthe peace process continued with the ratification of a new constitution in Octoberthe swearing-in of a new government that divided executive posts between the ruling parties of the North and South and the functioning of an autonomous Southern legislature and government.
The UN has deployed a multilateral peacekeeping observer mission to the South that is mandated to monitor the implementation of the agreement and support the building of national capacity until a referendum on the sovereignty of the south can be held in The issues in dispute included the designated commissions by agreement, Abyei borders, withdrawal of the government army beyond the Independence border of Januarythe volume and revenue of oil production, and the democratic transition, which had been extremely sluggish.
The central government responded by arming Arab "Janjaweed" militia, in addition to deploying the Sudanese army. Some estimate that Darfur conflict has displaced almost 2 million and taken anywhere from-lives.
With much of the civilian population permanently displaced, the rule of law appears virtually non-existent. Humanitarian agencies such as International Rescue Committee together with the United Nations Development Fund have undertaken efforts to build "Justice Confidence Centres" in displacement camps, which aim to create community spaces for resolving disputes as well as information on human rights and local laws.
To the East, a third conflict may escalate between the Government and the opposing "Eastern Front", who are in negotiations towards a peace agreement. The Islamist Ruling Party known as the NCP - National Congress Party is alleged to maintain dominance over the region by measures not unknown in Darfur - undercutting support for the opposition through patronage, divide-and-rule policies, and the creation of tribal militias.
Both situations bode poorly for rule of law and access to justice for local populations. The Judicial System Arbiters of disputes and administrators of formal and informal laws come in various forms throughout Sudan, depending on ethnic, religious and political factors.
Judicial courts are provided for under both statute and customary law while informal community practices also rely upon local chiefs, known as Sultans, to resolve disputes between community members.
Indeed, " t he judiciary relies greatly on popular justice for solving disputes through methods of conciliation and the application of tradition. Case reporting of decisions by the formal courts is published in the Sudan Law Journal and Reports, whilst laws are published in the Sudan Gazette.
Sherif, Northern "judiciary structures are more developed but the independence of the judiciary seems to have been compromised - as evidenced by the arbitrary dismissal of qualified judges, attorneys-general and law officers. Existing legislation fails to guarantee the full spectrum of human rights and fundamental freedoms, while military decrees and emergency laws undermine those rights currently protected by statutory law.
Outside of Khartoum, the Association is viewed as being overly urban in both composition and its substantive focus and therefore removed from the daily needs and challenges outside of the capital.
However, it is unfair to characterize an entire bar; indeed, the Association has endured its own difficulties even within Khartoum. For the first time in its history, the SBA has been reduced to another trades union.
Department of State, members of the legal profession are harassed by the Government viewed as political opponents; some have been detained, including the Director of the Darfur Lawyers Association, Mohamed Adomo, who was later released.
In this case the Chief Justice convenes a five member panel, the majority of whom must not have participated in reaching the disputed decision in order to receive the matter.
The court disposes of appeals against the judgments of the courts of appeal in civil, criminal and personal matter cases.
Interpretation of the constitution when requested to do so by the President of the Republic, the National Assembly, half of the Governors of the states or half of the State Assemblies. Suits from any aggrieved person to protect the freedoms and rights guaranteed by the Constitution after exhausting the executive and administrative remedies available.
Suits concerning jurisdictional conflicts between national and federal bodies. Criminal procedures against the President of the Republic and the Governors under the Constitution or the laws. Objections concerning the acts of the President of the Republic, the Council of Ministers or a National or Federal Minister if the objection concerns any infringement of the national constitutional system or the constitutional inviolable freedoms or rights.
Any other matters determined to be within the competence of the Constitutional Court. The security forces are under the effective control of the Government.
Members of the security forces commit numerous, serious human rights abuses. For example, individuals associated with armed forces rebelling against the government can be accused of crimes against the state Chapter 5, Criminal Act Created under the Special Courts Act, security courts constituted of three civilian judges convene to hear such cases.The Telecommunications Act of is the first major overhaul of telecommunications law in almost 62 years.
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Telecommunications Act of , Pub. L. No. , Stat. 56 (Feb. 8, ), codified as amended in scattered sections of 15 and 47 U.S.C.
Overview Edit In , Congress enacted comprehensive reform of the nation's statutory and regulatory framework for telecommunications by passing the Act, which substantially amended the Communications.
TELECOMMUNICATIONS ACT OF OVERVIEW. On February 8, , President Clinton signed landmark telecommunications reform legislation into law. The overwhelming bipartisan support for this new law demonstrated America's commitment to ensuring that all citizens benefit from the information superhighway now and in the next century.
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