A/HRC/21/34
mortality rates in the world, while indicators worryingly suggest that HIV is on the
increase. Access to food is also a matter of grave concern; five States show pre-famine
indicators, and 40 per cent of the population is dependent on food rations. Only 25 per cent
of the population has access to safe water. These indicators are expected to further decline
with the influx of persons of South Sudanese origin from the Sudan.
F.
Gaps in the legal framework for the protection of human rights
33.
South Sudan has taken important but incomplete steps to establish a legal framework
for the promotion and protection of human rights. Notably, the National Legislative
Assembly passed the Human Rights Commission legislation in 2006, and the Government
has engaged in broad consultations on the draft legislation on political parties and electoral
matters. Important pieces of legislation remain to be enacted, however, including on the
media, national civil society and the national intelligence services.
34.
South Sudan employs a plural legal system in which customary and statutory laws
coexist. Under article 5 (c) of the transitional Constitution of the Republic of South Sudan
of 2011, “customs and traditions of the people” are recognized as one of the sources of law
in South Sudan . The Constitution recognizes the application of customary law in courts,
subject to the Constitution and the law, as stated in article 167(3). The application of
customary laws imposes customs, traditions and norms that contravene human rights
principles enshrined in the Bill of Rights of the transitional Constitution of South Sudan.
35.
South Sudan acceded in July 2012 to the Geneva Conventions, but has yet to ratify
the main international human rights instruments, including the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the International Convention on the Elimination of All Forms of Racial
Discrimination and the Convention on the Elimination of All Forms of Discrimination
against Women. It is also not a party to the main regional human rights instruments, such as
the African Charter on Human and Peoples’ Rights. Ratification of international human
rights treaties will constitute an important step towards the creation of a climate conducive
to the promotion and protection of human rights. The Government has committed to the
ratification of all the main international human rights treaties to lay the foundation for a
national legal framework designed to protect human rights.
IV. Priority areas for technical assistance
36.
Technical assistance to South Sudan in the field of human rights should build on the
policies and programmes currently being implemented by the Government of South Sudan
with the support of UNMISS, the United Nations country team and the country’s
development partners.
37.
Significant efforts and funds have already been invested for the development of a
legal and policy framework that prioritizes the protection of human rights. In August 2011,
the Government adopted the South Sudan Development Plan for the period 2011-2013,
which spells out the development and State-building priorities of the new State, and
identifies human rights and gender equality as cross-cutting issues.
38.
In July 2012, the United Nations country team and the Government signed the
United Nations Development Assistance Framework for South Sudan, which is aligned
with the South Sudan Development Plan. One of its goals is to improve access to justice
and the rule of law, especially the core government function relating to the judiciary, law
enforcement and corrections. In addition, the United Nations Development Programme
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