Sudan had made considerable progress in reforming its institutions and laws, but had yet to appoint commissioners for the country's national human rights body, the Independent Expert of the Human Rights Council on the situation of human rights in Sudan said in Khartoum on 11 February.

Speaking at an UNMIS press conference at the end of his first visit to Sudan, which began on 23 January, Justice Mohamed Chande Othman said he welcomed passage of laws on children, the press, elections, human rights commissions, the referenda (for the south and Abyei) and consultations for Blue Nile and Southern Kordofan states.

"In the case of Southern Sudan, it is encouraging to note that Human Rights Commissioners have been appointed and the Commission is fully functional," Mr. Othman said.

But the independent expert expressed concern that the Government of National Unity had yet to appoint commissioners eight months after the Independent National Human Rights Commission Act had been enacted.

"I encourage the government to put in place a transparent process to nominate and select Commissioners and to ensure that the Commission becomes operational," said Mr. Othman.

He also noted the continued provisions in the intelligence and security, criminal procedure and public order laws that infringed basic rights, stating that several cases of alleged violations, including arbitrary arrest and detentions, had been brought to his attention in Darfur.

"Most of these reports named the National Intelligence and Security Services as the main entity responsible," the expert said.

Members of political parties had further complained about harassments, intimidations, and restrictions related to electoral and political activities, said Mr. Othman. "With the date of election fast approaching, it is essential that the government provides a conducive environment for free and fair elections."

On Southern Sudan, he expressed concern about increasing tribal violence and loss of lives, especially among women and children, pointing to a weak capacity to ensure rule of law and protect rights.

"Serious deficiencies exist in the justice sector. Prison facilities are inadequate, courts are non-existent in some areas, and in areas where they exist, they are ill-equipped and under resourced. The police force remains poorly trained and ill-equipped," Mr. Othman said.

The expert said he was also appalled by high levels of poverty and lack of basic services in many areas of Southern Sudan. "Years of prolonged conflict have created a whole generation of youth with little or no education. Food and water shortages continue to affect whole communities ... and many people have no access to basic health and sanitation facilities."

In Abyei, he noted that no formal structures existed to deliver justice, despite the establishment of an Abyei administration. "The void created by the absence of the judiciary has been filled by traditional courts which handle criminal cases that ought to have been the subject of the jurisdiction of the formal courts."

Mr. Othman praised the government for taking steps to implement recommendations of the Group of Experts on Darfur, including the deployment of more police personnel. He also noted that the government had "established specialized prosecutors for children and child and family units as part of law enforcement agencies in the three Darfur states".

But he remained concerned about the serious capacity and resource gaps that continued to affect administration of justice in Darfur. "Access to justice continues to be a major challenge in light of the weak presence of law enforcement and rule of law institutions outside the main urban centers."

The expert was also troubled that to date very few perpetrators have been brought to trial for crimes committed during the Darfur conflict. And the Emergency and Public Safety Protection Act still granted state walis (governors) wide discretionary powers of arrest and detention without any effective judicial remedy.

"During my visit to North Darfur, I met a group of detainees who informed me that they have been in detention since 2 August last year without being charged with an offence or brought before a court of law to allow them the opportunity to defend themselves."

During his visit, Mr. Othman met with senior government, intelligence and security officials as well as human rights, election, civil society and media representatives. He also spoke with victims of human rights violations.

In Darfur, he met with state walis, local authorities, prosecutors, lawyers and civil society. He visited Shalla prison and Abou Shok internally displaced person (IDP) camp in North Darfur, Nyala Central prison in South Darfur and Hassa Hisa IDP camp in West Darfur.