A/HRC/14/41
H.
Children associated with armed conflict
42.
The situation of children associated with armed conflict remains precarious in
certain areas and localities. From a socio-economic point of view, children find it more
attractive to be associated with the military than to face unemployment, marginalization or
exclusion, particularly in urban areas. In Southern Sudan, a substantial number of
demobilized children often returned of their own accord to the army barracks. The
integration of children into society as an aspect of the demobilization and integration
exercise has not been fully successful because incentives are rarely provided in the
programmes to entice children away from the military.
I.
Economic, social and cultural rights
43.
The impoverishment of Southern Sudan as a direct consequence of years of armed
conflict continues to have an impact on the enjoyment of human rights. Well-resourced
government institutions responsible for delivering basic social services such as health care,
basic education and housing are either not operational or non-existent. Food and water
shortages continue to affect whole communities on a daily basis, and many people have no
access to basic health and sanitation facilities. Years of prolonged fighting have created a
whole generation of youths with little or no education; for example, only one in every five
school-age child attends school in Warrap State. In Northern Bahr el Ghazal, some schools
are located in temporary buildings, and classes sometimes are conducted under trees. Many
teachers are untrained, and some have not even completed basic education. Girls are often
prevented from attending school because of domestic responsibilities.
V. Transitional areas: Abyei
44.
The independent expert visited Abyei from 30 January to 1 February 2010. The
enactment of the Abyei Area Referendum Act is expected to pave the way for the residents
of Abyei to determine their future administrative status by voting either (a) to maintain their
status as a special administrative district in Northern Sudan; or (b) to be part of Bahr el
Ghazal in Southern Sudan. In spite of provisions made in the Constitution, there is no
formal judiciary in Abyei. Justice continues to be dispensed by traditional courts, which
often operate without supervision from a higher judiciary authority. The traditional courts
have also tried serious cases, including murder and rape, which are not within their
jurisdiction.
45.
The traditional courts unchallenged application of traditional beliefs, as opposed to
an established penal code, affects women more than any other group. The decisions of the
courts are plagued in many instances by blatant discrimination against women. For
example, on 9 November 2009, a traditional court in Abyei sentenced a woman to eight
months’ imprisonment or a 400 Sudanese pound fine for “showing disrespect to her
husband in public”. In another case, a court in Agok ordered the arrest of a woman and her
husband of 10 years on adultery charges. Although the woman’s previous husband had died
many years earlier, his brother managed to open a police case against her, arguing that she
belonged to him by inheritance under Dinka custom. The case was only dismissed
following the intervention of UNMIS human rights monitors. Despite the inherent
usefulness of traditional courts in terms of access to justice to a large segment of the
population, urgent reform should be seriously considered by the Governments of National
Unity and of Southern Sudan, including the possibility of an appeal process and other
procedures aimed at ensuring the guarantees of fair trial and due process.
GE.10-13648
11
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