A/HRC/43/56 of States, 9 but was unable to reach consensus or to obtain the support of at least seven members.10 20. Although the National Constitutional Amendment Committee had submitted a new draft constitution to the Minister for Justice and Constitutional Affairs in April 2017, it is still pending review. Moreover, by late January 2018, the Committee had further completed five amendment bills for the security laws, including the Sudan People’s Liberation Army Act (2009), the National Security Act (2014), the Police Services Act (2009), the Prison Services Act (2011) and the Wildlife Service Act (2011), although none had been adopted at the time of writing.11 During the period under review, it also began its review of the Public Finance Management and Accountability Act (2011), the National Audit Chamber Act (2011) and the South Sudan Anti-Corruption Commission Act (2009),12 Laws that address a number of issues relevant to human rights, the rule of law and democratic governance, while the amendments aim to ensure fair and inclusive recruitment and accountability. 21. The Commission notes with concern that stipulations enumerated in the Revitalized Agreement are being dealt with by signatories in an entirely formalist manner, as a “tick the box” exercise. Given this lack of political will, which led to minimal progress during the period under review, only meaningful engagement exercised in good faith can achieve the objectives enshrined in the Revitalized Agreement. B. Sanctions 22. Sanctions continued to be used, mainly by the United States of America, as a means of enforcing compliance with human rights standards and to ensure implementation of the Revitalized Agreement. In September and December 2017, the United States had announced targeted sanctions against four South Sudanese officials for their roles in threatening the peace, security and stability of South Sudan. 13 During the period under review, the United States sanctioned an additional eight South Sudanese, including First Vice President Taban Deng Gai, for alleged involvement in human rights violations and abuses or for “obstructing the reconciliation process or peace talks”. 14 C. Ongoing conflict and holdout rebel groups 23. The Commission remains concerned that the State apparatus is absent in large swathes of territory within South Sudan, which has not only exacerbated civilian suffering owing to the lack of effective service provision but has also enabled holdout groups and the opposition to take control. Because of the State’s absence, this dynamic led to a series of armed hostilities during the period under review. 24. Hostilities involving the SSPDF, local militias and the National Salvation Front (a member of South Sudan Opposition Movements Alliance) continued in flashpoint areas, including Yei and Lobonok (Central Equatoria) and Maiwut. Since November 2018, the National Salvation Front and the South Sudan United Front – both non-signatories of the Revitalized Agreement on the Resolution of the Conflict in South Sudan – continued to fight 9 10 11 12 13 14 Ibid., art. 1.15.7 Ibid., art. 1.15.9. The National Constitutional Amendment Committee also drafted the National Fire Brigade Act (2019) during the period under review. See the report on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan for the period 1st July to 30th September 2019, p. 6. See conference room paper containing the main findings of the Commission (A/HRC/40/CRP.1), available on the webpage of the Commission at www.ohchr.org/EN/HRBodies/HRC/CoHSouthSudan/Pages/Index.aspx. See press releases of the United States Department of the Treasury, “Treasury Sanctions Individuals for Roles in Atrocities and Other Abuses”, 10 December 2019, “Treasury Sanctions Two Senior South Sudanese Officials for Obstructing Reconciliation Efforts”, 16 December 2019, and “Treasury Sanctions South Sudanese First Vice President for Role in Serious Human Rights Abuse”, 8 January 2020. 7

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