COVID-19 and Sudan: The Impact on Economic and Social Rights in the Context of a Fragile Democratic Transition and Suspended Constitutionalism

Mohamed Abdelsalam Babiker

doi:10.1017/s0021855321000383

Abstract

AbstractThis article argues that the lockdown imposed in Sudan due to the COVID-19 pandemic has seriously affected the livelihood of vulnerable populations and their right to live a dignified life. It explores how emergency measures were aimed at containing the spread of the pandemic. The article argues that these measures have seriously affected the enjoyment of core economic and social rights, particularly in the context of a weak legislative framework of social protection. It concludes by arguing that Sudan's transitional government is not subject to parliamentary scrutiny and exercises legislative and executive powers that are de facto illegitimate, as they are not subject to review by the courts and because of the current suspension of constitutional organs and governance structures. This incomplete governance structure is concerning from a rule of law perspective and has prevented scrutiny of COVID-19 emergency measures, particularly those affecting the basic rights of vulnerable groups.

Highlights

Sudan’s peaceful revolution in 2018 created fresh hope for a democratic Sudan where the rule of law and constitutionalism could be observed
This article argues that the lockdown imposed in Sudan due to the COVID-19 pandemic has seriously affected the livelihood of vulnerable populations and their right to live a dignified life
It concludes by arguing that Sudan’s transitional government is not subject to parliamentary scrutiny and exercises legislative and executive powers that are de facto illegitimate, as they are not subject to review by the courts and because of the current suspension of constitutional organs and governance structures. This incomplete governance structure is concerning from a rule of law perspective and has prevented scrutiny of COVID-19 emergency measures, those affecting the basic rights of vulnerable groups

Summary

INTRODUCTION

Sudan’s peaceful revolution in 2018 created fresh hope for a democratic Sudan where the rule of law and constitutionalism could be observed. It raises the question of whether the mere existence of a pandemic precludes the application of human rights treaties and give states carte blanche to derogate, in situations where the state violates or restricts the enjoyment of core rights in the ICESCR rather than the ICCPR Without doubt, such emergency situations create “an insurmountable dilemma” for governments because, on the one hand, governments are under an obligation to protect the integrity of the state and control health epidemics, while, on the other, they are under an obligation to protect rights and freedoms.[74] This represents an uneasy compromise between the protection of citizens’ rights and a state’s control over domestic affairs.[75] “[i]nternational law is faced with the challenge of finding a middle course between the recognition of the legitimate right of states to defend their constitutional order and the prevention of misuse of the right of emergency merely to maintain de facto positions of power”.76. 75 F Hartman “Derogation from human rights treaties in public emergencies” (1981) 22 Harvard International Law Journal 11 at 12

76 M Nowak ICCPR Commentary

Findings

CONCLUSION