A/HRC/21/34 II. Background 9. After nearly two decades of civil war between the North and the South, and an interim period lasting five and a half years as an autonomous region under the Comprehensive Peace Agreement of 2005, South Sudan became independent on 9 July 2011 following a referendum held in January that same year, in which an overwhelming majority voted in favour of secession from the Sudan. 10. During the six-year interim period under the Comprehensive Peace Agreement, Southern Sudan, which had autonomous status, met key transitional political milestones and established national institutions. The transitional Constitution was promulgated to cover the interim period, articulating citizens’ rights and the core functions of various branches of Government. The Government launched the South Sudan Development Plan, which outlined key objectives and activities of the State. South Sudan also started to create and systematize key State functions, including taxation and revenue collection, and prepared essential legislation. The period also witnessed the return of more than 2 million South Sudanese, many of them from the neighbouring countries. 11. As a new State, however, South Sudan faces a number of daunting and complex challenges. Its capacity to deliver basic services, foster security and promote the rule of law and human rights remains weak. Its economy is almost entirely dominated by the oil sector, poverty is widespread and most of the country lacks infrastructure. Corruption is rampant and very few accountability mechanisms exist to deter misuse or mismanagement of public resources. More than 80 per cent of the State’s 2 billion dollar annual budget (now reduced owing to austerity measures following the suspension of oil exports, which accounted for 98 per cent of the country’s revenue) goes to the payment of salaries for security forces and the civil service, leading to an economy based solely on public sector wages. Investment in infrastructure and basic service delivery and development, especially outside of Juba, have been minimal, with a consequent lack of State infrastructure required to protect and integrate the vast number of returnees from the North and neighbouring countries. Furthermore, the new State has been beset by violence and insecurity caused by continued inter-communal tensions, abuses by security forces, weak rule of law institutions and fragile, tense relations with its neighbour, the Sudan. 12. Compounding these problems, decades of marginalization and war have left South Sudan with some of the worst human development indicators in the world. More than 90 per cent of the population is estimated to live below the poverty level and half of all children do not attend school. The region has the second highest maternal mortality rate in the world; 20 per cent of the population struggles to feed itself in a typical year. Less than 40 per cent of the population has access to health care. A 15-year-old girl in South Sudan is said to have a higher chance of dying during pregnancy or childbirth than of finishing secondary school. Underpinning these challenges is the high level of illiteracy, which translates into a lack of awareness of human rights and democratic values. 13. A key challenge is the development of governance and rule of law institutions based on principles of political inclusiveness and transparency. The capacity of many of the institutions of government, including not only the legislature, judiciary and key institutions in the executive, but also the ruling Sudan People’s Liberation Army (SPLA) and law enforcement agencies, remains weak. The legal framework and rule of law, including the customary law system, are inadequate. Many laws are not yet in place, while many others need to be harmonized with international human rights law. South Sudan has yet to ratify all the core international human rights treaties. 14. The lack of a meaningful State presence, particularly outside major urban areas, has led to increased militarization of civilians. In vast areas of the country, the police, 4