A/HRC/21/34
(UNDP) provides material and technical support to the Ministry of Justice, the judiciary,
the police and prison services and the Human Rights Commission.
39.
UNMISS also provides assistance to the police and prison services, civil and
military justice, the security sector and the Human Rights Commission through the
mission’s specialized offices, namely the United Nations police, the Rule of Law and
Security Institutions Support Office and the Human Rights Division.
40.
UNMISS, in partnership with UNDP, is implementing the United Nations Rule of
Law Indicators project, an instrument designed to monitor changes in the performance of
criminal justice institutions, namely law enforcement, judicial and corrections institutions,
and to establish a baseline against which progress may be assessed. The project will provide
an essential tool for the design of future capacity-building and technical assistance
programmes.
41.
OHCHR carries out its human rights programme in South Sudan through the
UNMISS Human Rights Division. The Division has the mandate to monitor and report on
the situation of human rights and to provide technical assistance. A specific unit has been
set up within the Division for technical cooperation activities. The Division is also a
member of the United Nations country team, where its key role focuses on furthering the
integration of human rights in humanitarian and development programming.
A.
Legal framework
42.
The institutions involved in developing the legal framework in South Sudan should
be adequately supported to ensure that legislation is compliant with international
obligations and that the constitutional review and legislative processes are inclusive and
transparent. Such institutions include the South Sudan Constitutional Review Commission,
the Law Review Commission, the Ministry of Justice and the National Legislative
Assembly.
43.
The Constitutional Review Commission, established by article 200 of the
transitional Constitution, is mandated to review the transitional Constitution. The work of
the Commission must be supported to ensure that it may fulfil its mandate, in particular
with regard to collecting views and suggestions from all stakeholders and conducting a
nationwide public information and civic education programme.
44.
The South Sudan Law Reform Commission was established as an independent
constitutional body by the provisions of article 137 of the transitional Constitution to
conduct research with a view to developing, modernizing and reforming the law. The
Commission should be assisted in its tasks of harmonizing customary law regimes with the
statutory laws of South Sudan and the principles of international law. Experiences from
other countries that have similar mixed legal systems should continue to be shared with
South Sudan through legal literature and conferences, study trips and technical assistance.
In this context, the Ministry of Justice has already established the Customary Law Resource
Centre in Rumbek, an initiative which should be further supported.
45.
The Directorate of International Treaties and Conventions of the Ministry of Justice,
in collaboration with the Ministry of Foreign Affairs and International Cooperation,
expressed interest in broadening its knowledge of the process of ratification of and
accession and adherence to international treaties. In response to that request, the UNMISS
Human Rights Division organized three training workshops on this issue in February,
March and April 2012, in collaboration with the Human Rights Commission, the
Directorate on Treaties and Human Rights of the Ministry of Justice, the Human Rights
Department of the Ministry of Foreign Affairs and the Human Rights Committee of the
National Assembly. Following the workshops, the United Nations has also provided
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