A/HRC/40/CRP.1
without discrimination. This includes the obligation to ensure a prompt, adequate, and
effective remedy to those whose rights have been violated, including the provision of
reparations and to investigate and bring to justice perpetrators of human rights violations.
In addition to responsibility for acts by State actors, a state may be held generally
responsible for the wrongful conduct of non-State individuals or groups when the latter are
acting in “complete dependence” on the State.287 A State may also be held responsible in
cases in which non-State individuals or groups act on its instructions or under its direction or
its “effective control”,288 and also when its own agents acknowledge and adopt the conduct
of non-State groups.289
International human rights law applies both in times of peace and armed conflict.290
South Sudan is a party to seven United Nations human rights treaties: the Convention
against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (CAT) and
its Optional Protocol; the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and its Optional Protocol; the Convention on the Rights of the
Child (CRC) and two of its Optional Protocols. South Sudan is also the Convention Relating
to the Status of Refugees and its Protocol.291 It acceded to number of treaties in 2018 which
are discussed in detail below.
South Sudan has also ratified the African Charter on Human and Peoples’ Rights (the
African Charter),292 the Protocol to the African Charter on the Rights of Women in Africa
(Maputo Protocol), with reservations,293 and the African Union Convention Governing
Specific Aspects of Refugee Problems in Africa.294 The Government has signed but not
ratified the African Charter on the Rights and Welfare of the Child (ACRWC), and the
Convention for the Protection and Assistance of Internally Displaced Persons in Africa
(Kampala Convention).295
33rd Ordinary Session of the African Commission on Human and Peoples’ Rights, 29 May 2003, Meeting in Niger, Holding, p.
14. See also paras. 7, 72, 88, 90.
287 International Court of Justice (ICJ), Application of the Convention on the Prevention and Punishment of the Crime of Genocide
(Bosnia and Herzegovina v. Serbia and Montenegro), Judgment, 2007 paras. 392, 399.
288 International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, Article 8, See also
ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment,
1986 paras. 109-110; and Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia
and Herzegovina v. Serbia and Montenegro), Judgment, 2007 paras. 400, 401.
289 International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, Article 11. In its
General Comment No. 3 on the African Charter on Human and Peoples’ Rights: The Right to Life (Article 4), the African
Commission on Human and Peoples’ Rights expressed the view that a State could be held responsible for killings by non-State
actors if it approved, supported or acquiesced in those acts. See also para. 9 of the General Comment General Comment No. 3 on
the African Charter on Human and Peoples’ Rights: The Right to Life (Article 4) Adopted during the 57th Ordinary Session of
the African Commission on Human and Peoples’ Rights held from 4 to 18 November 2015 in Banjul, The Gambia. See also the
Report on the Commission of Inquiry on Burundi, September 2017 (A/HRC/36/54), paras. 23-27.
290 ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1. C.J. Reports 1996, p. 226, para. 25; ICJ, Legal
Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p.
136, para. 106; ICJ, Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), Judgment,
I.C.J. Reports 2005, p. 168, para. 216.
291 South Sudan became a party to the CRC on 23 January 2015 and its Optional Protocols on 27 September 2018, to CAT and its
Optional Protocol and to CEDAW and its Optional Protocol on 30 April 2015. They each came into force 30 days after
ratification. South Sudan did not enter any limitations to, derogations from and reservations to the rights contained therein. The
CAT Optional Protocol establishes an international inspection system for places of detention. The CEDAW Optional Protocol
establishes complaint and inquiry mechanisms which allows the Committee on the Elimination of Discrimination against Women
to hear complaints from individuals or inquire into "grave or systematic violations" of the Convention. CEDAW is
complemented by United Nations Security Council Resolution (UNSCR) 1325 (2000), UNSCR 1820 (2008); UNSCR 1888
(2009), UNSCR 1960 (2010) UNSCR 2106 (2013), UNSCR 2122 (2013) and UNSCR 2242 (2015).
292 Also known as the Banjul Charter. South Sudan ratified the African Charter on 19 May 2016 and it came into effect for South
Sudan on 19 August 2016.
293 South Sudan ratified the Maputo Protocol, with reservations, on 16 October 2017. It came into effect on the same day.
Reservations relate to Article 6(c) which encourages monogamy over polygamy, and Article 14(1)(a) and (b) and 14(2)(c)
regarding women’s reproductive rights.
294 South Sudan ratified the African Union Convention Governing Specific Aspects of Refugee Problems in Africa on 4 December
2013 and the instruments of accession were deposited at the African Union in Addis Ababa on 19 May 2016 and the Convention
entered into force in South Sudan.
295 South Sudan signed the ACRWC and the Kampala Convention on 24 January 2013.
41
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents