10.2005 - Source: Bertelsmann Stiftung

Overview of the rule of law ("Bertelsmann Transformation Index 2006") [ID 15891]

"In theory, lawmaking is the responsibility of the elected parliament. In effect, however, Sudan is a one-party state run by the NCP, and although in recent years there has been more open debate there is no effective counter to the overwhelming power of the executive. According to the constitution, the judiciary is independent. In reality, the courts have been packed with regime appointees and no significant challenge has been mounted to the power of the executive. The constitution specifies Islamic law as the basis of the legal system, and in the early years of the regime, repressive Islamic punishments were frequently applied in order to frighten the population, though this practice has been eased in recent years. However, there is not yet a belief that the law is applied equally, or that political connections do not provide protection for those the regime favors. In areas outside government control, there is scarcely any pretence of rule of law. Most of the South has no rule of law, although there have been efforts to establish local courts in some of the areas under the control of the SPLA. Lawlessness has been growing for years in Darfur, even before the revolt that started in 2003. Since the fighting started, there have been calls on the government to rein in the militias that it armed and to arrest and try the perpetrators of the numerous human rights abuses that have been taking place. However, only a small number of lowlevel figures have been detained and the government shows little sign of endeavoring to restore the rule of law to the region."

Document(s): Open document