A/HRC/21/34
C.
Protection of the freedoms of expression, association and assembly
27.
Journalists and human rights defenders in South Sudan face intimidation and arrest
in the conduct of their activities. State security forces have been reported to subject
journalists to harassment, arbitrary arrest and detention for publishing stories critical of the
Government. In November 2011, security forces arrested without charge the editor and
deputy editor of a local newspaper following the publication of an article critical of the
President. Both journalists reported that they were beaten and tortured while in detention.
Likewise, in May 2012, a radio journalist was detained in Rumbek, Lake State, for
participating in a radio talk show during which the police was criticized by callers for
demanding money before allowing citizens to file complaints.
28.
Partly owing to fear of harassment and intimidation, civil society organizations have
not been able to play an effective role in raising awareness about human rights in South
Sudan. This is compounded by the fact that the majority of such organizations lack the
training, expertise and resources necessary to contribute meaningfully to the process of
democratization and to the promotion and protection of human rights. A key challenge is to
provide the necessary support to effectively strengthen the capacity of civil society to
monitor and report on human rights and to engage in advocacy with the Government.
29.
Members of several political and opposition groups from around the country have
also been arbitrarily arrested and detained by the SPLA in connection with their political
activities. In Upper Nile State, the United Nations was denied access to nine members of
the Sudan People’s Liberation Movement for Democratic Change reportedly in SPLA
custody. The SPLA has denied that the men were in their custody. Similarly, the United
Nations was also denied access to Sudanese detainees, mostly of Darfurian and Misseriya
origin, believed to be held by the SPLA for political reasons.
D.
Promoting and protecting the rights of women
30.
Women and girls in South Sudan continue to face discrimination and abuse,
including domestic violence, forced marriages and sexual violence. In spite of the
Government’s stated commitment to the empowerment of women, discrimination against
women remains endemic and widespread, exacerbated in part by cultural and traditional
practices. Women and girls are routinely deprived of their basic rights, such as the right to
education and the right to choose a spouse or own and to inherit property.
31.
Although the transitional Constitution of South Sudan and statutory laws contain
protection guarantees for women and girls, they are rarely enforced. Serious crimes against
women are rarely investigated. Family law, marriage, divorce and custody issues also tend
to be addressed under customary law, which does not grant equal rights to women and men
and focuses more on reconciliation than on ensuring accountability. These entrenched
inequalities affect all women in the country, but impoverished women living in rural
communities in particular.
E.
Economic, social and cultural rights
32.
In a climate of extreme poverty and underdevelopment, the enjoyment of economic,
social and cultural rights remains beyond the reach of the vast majority of the South
Sudanese, in particular the rights to food, health, access to clean and safe water and
sanitation, education and adequate housing. Indeed, 78 per cent of people in South Sudan
live below the poverty level. Illiteracy is widespread, with only four per cent of children
attending school in Unity State, for example. South Sudan has one of the highest maternal
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