A/HRC/43/56
government forces in Equatoria. While parts of Central Equatoria State were controlled by
elements of the National Salvation Front and the Sudan People’s Liberation Army in
Opposition (pro-Riek Machar) (SPLA-IO (RM)), others remained under the control of
government forces. The fragmentation of armed actors in Greater Upper Nile and Central
Equatoria also contributed to ongoing violence and human rights violations, including
conflict-related sexual violence.
IV. Human rights context
25.
Years of armed conflict before South Sudan gained independence left a legacy of a
divided country in which predatory and unaccountable political elites have pursued violent
struggles for power and resources at the expense of the security and well-being of their
citizens. The consequent dire situation of human rights throughout South Sudan is
characterized by the deliberate starvation of civilians, the largest refugee and internal
displacement crises in Africa, and sexual and gender-based violence. The norm has become
increased securitization of State institutions that sow fear and terror in an environment in
which citizens are deprived of their fundamental human rights, and where torture,
intimidation, unlawful and arbitrary detention and enforced disappearances have become the
norm.
26.
During the period under review, government forces were responsible for most of the
attacks against civilians, including pillaging, conflict-related sexual violence together with
other forms of sexual and gender-based violence, arbitrary arrest and detention, denial of the
freedoms of expression, opinion and assembly, the recruitment and the use of children in
armed forces and arbitrary restrictions on humanitarian aid, in violation of human rights law
and international humanitarian law. Armed groups have also committed serious violations of
human rights law and international humanitarian law, including through the recruitment and
the use of children.
27.
Since independence, South Sudan has been mired in ethnic conflict, with hardly any
investment in state-building or any infrastructural development in the country. Entrenched
and systemic corruption is the greatest hindrance to peace and stability. Weak institutional
capacity to deliver the most basic services expected of a functioning and accountable
government undermine the resilience of the State. Deeply entrenched impunity is manifested
in the lack of accountability for serious crimes; the failure to establish transitional justice
mechanisms; the prioritization by the State of financing for the military and security
apparatus over investment in public service, infrastructure and livelihoods; and rentierism,
characterized by economic crimes, including corruption and embezzlement, severely
weakening the functionality of the State.
28.
While domestic law and the international treaties to which South Sudan has
voluntarily acceded contain key safeguards to protect human rights and promote
accountability, respect for and implementation of these provisions has remained inadequate.
As the lack of effective rule of law institutions contributed to destabilizing safety and
security, accountability for atrocity and other crimes remained deficient during the reporting
period. The statutory court system in South Sudan continued to suffer from a trust deficit
among citizens. Inadequate infrastructure, resources and capacity further diminished the
ability of the State to provide civilians with access to meaningful justice. The Commission
learned in a confidential meeting on 20 August that vacant judicial positions and unpaid
salaries paralyzed the functioning of certain courts, including in Juba.
29.
In Bor (Jonglei) and Bentiu (Unity), the prevalent use of customary law courts not
mandated to hear serious criminal cases, which lacked procedural safeguards and exhibited
deeply entrenched cultural biases towards women and girls, also impeded meaningful access
to justice. Beginning in October 2018, the United Nations-supported mobile court system,
however, improved access to justice in at least 10 locales.15
15
8
See United Nations Development Programme (UNDP), “Mobile Courts in South Sudan”, 25 March
2019, available from https://reliefweb.int/report/south-sudan/mobile-courts-south-sudan; and “Mobile
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