Sudan

The laws of Sudan do not establish a right to sanitation or water. Sudan voted in favor of both U.N. General Assembly Resolution 64/292 (2010) recognizing a right to safe and clean drinking water and sanitation as a human right and U.N. General Assembly Resolution 72/178 (2017) reaffirming the human rights to safe drinking water and sanitation. Dr. Tabitha Botros Shokai, Sudan’s Federal Minister of Health, signed the eThekwini Declaration in 2008. In the 2019 GLAAS Report, Sudan reports that its Constitution establishes both a human right to sanitation or a human right to drinking water.

Equity and non-discrimination

The Constitution sets forth both principles of non-discrimination and equal protection. Discrimination on the basis of race, religion, culture, sex, color, gender, social or economic status, political opinion, disability, regional affiliation or any other cause is prohibited. Persons are afforded equal protection under the law without discrimination between them on the basis of ethnicity, color, gender, language, religious faith, political opinion, racial or ethnic origin, or any other reason. Four policies mention gender and social equity; however, limited information is included on policies, strategies and programs adopted to reduce such inequities.

Responsibility for each stage of the Sanitation Value Chain

Several institutions are created under the Environmental (Protection) Act and Water Resources Act for the purpose of protecting environmental and water resources including the Environment and Natural Resources Supreme Council, Environment and Natural Resources Councils at the state-level, and the National Council of Water Resources. The Councils are responsible for developing policies that protect environmental and water resources from contamination. The Ministry is responsible for issuing water use licenses and monitoring water inputs and may issue regulations necessary for the implementation of the Water Resources Act.

The National Sanitation and Hygiene Strategic Framework designates the Federal Ministry of Health as the lead institution for sanitation and hygiene. The Water Supply and Environmental Sanitation Policy states that the national government is responsible for promoting environmental sanitation rather than implementation. Rural environmental sanitation is the responsibility of each household and community and urban environmental sanitation is primarily the responsibility of local government and the household. The national government should set laws, regulations, policies, strategies, guidelines, standards, and sector plans. The national government should also monitor and regulate service providers. State governments should secure the financial resources necessary to build environmental sanitation systems. They are also responsible for ensuring the provision of safe, adequate, and reliable environmental sanitation services to its population without discrimination.

Law should prevent contamination by fecal waste

The law does not set forth a general prohibition on contaminating the environment, natural resources, or water resources. However, the Environmental Protection Act allows for persons convicted of polluting water resources to be fined and/or imprisoned. The Act also requires an environmental feasibility study to be conducted if a project may affect the environment. Otherwise, prohibitions are specific to certain activities or actors. For example, the release of sewage, treated or not, into potable water resources. Furthermore, environmental sanitation facilities must ensure that they do not pollute the environment, surface waters, or groundwater.

Several policies prioritize increasing access to environmental sanitation, water supply, and hygiene. The need for water quality and effluent discharge standards, for improved monitoring and evaluation of contamination, and increased financing are commonly identified as policy priorities. While individual sanitation disposal systems are allowed to be installed, sewerage systems are identified as the better option.

Enforcement power

Persons have the right to litigate and have the right to access the justice system. All persons can initiate a civil suit where there is an injury to the environment irrespective of whether they have personally suffered the injury.

Penalties

Persons convicted of polluting water sources or of violating the provisions of related acts can be fined, imprisoned or both. Policies state that the polluter pays principle and that polluters, individuals and organizations alike, are responsible for remedying damage.

Roadmap to sanitation laws

Laws, such as the Constitution, Environmental Protection Act and the Water Resources Act, created rules that may govern the provision of sanitation with respect to the use of water for sewerage system and the prevention of pollution and contamination. Policies, such as the Water Supply and Environmental Sanitation Policy and Country Strategy on Integrated Water Resources Management, set limited policy positions and strategies on sanitation.

Governance, generally

The Constitutional Charter for the 2019 Transitional Period will govern Sudan for thirty-nine Gregorian months following the date the Charter is signed. Article 7. Therefore, the structure of governance described may change. The Republic of Sudan is a decentralized state composed of three levels of government including federal, state and local. Article 9. Three transitional governmental bodies are formed: the Sovereignty Council, the Cabinet and the Transitional Legislative Council. Article 10. The Sovereignty council is the head of state and Supreme Commander of the Armed Forces. Article 11. The Council is made up of 11 members, five civilians selected by the Forces of Freedom and Change and five are selected by the Transitional Military Council. The eleventh member is selected by both groups. Article 11. The Council appoints the Prime Minister, confirms Cabinet members appointed by the Prime Minister, confirms governors of states or provinces, confirms the formation of the Supreme Judicial Council, can declarare war, can declare a state of emergency, can sign laws passed by the Transitional Legislative Council, can sign international and regional agreements and will oversee the peace process with armed movements. Article 12. The Transitional Cabinet is composed of a Prime Minister and no more than twenty ministers. Article 15. The Cabinet is responsible for working to stop the wars, initiating the drafting of laws, supervising the enforcement of the law, amongst other responsibilities. Article 16. The Transitional Legislative Council is an independent legislative authority that cannot be dissolved. Article 24. No less than 40% of the no more than 300 members of the Council must be women. Article 24. 67% of members are to be selected by the Forces of Freedom and Change and 33% are selected by other forces that did not sign the Freedom and Change Declaration. Article 24(2). The Council is authorized to enact laws and legislation. Article 25. The Supreme Judicial Council selects the members of the Constitutional Court which adjudicates constitutional disputes. Article 29, 31. A Judicial Authority is also established, independent from the Sovereignty Council and the Transitional Legislative Council and the executive branch and has jurisdiction to adjudicate disputes and issue rulings in accordance with the law. Article 30. State agencies are responsible for carrying out reform, rebuilding and developing the rights and justice system and ensuring the independence of the judiciary and rule of law. Article 8(5).

Lawmaking, policy making processes

The Constitutional Charter for the 2019 Transitional Period does not establish a process by which laws are adopted by the Transitional Legislative Council. However, the laws adopted by the Council must be passed by a simple majority. Article 25.