A/HRC/21/34
establishing effective human rights mechanisms to ensure respect for human rights,
including national human rights institutions in line with the Paris principles; ratifying the
main international human rights treaties; and establishing a moratorium on executions with
a view to the definitive abolition of the death penalty. 2 Most of the universal periodic
review recommendations remain to be fully implemented.
18.
The main human rights challenges underlined in the present report echo the
universal periodic review recommendations, and relate to the Government’s inability to
protect civilians, the weak administration of justice and rule of law, the need to protect the
rights of women, the lack of enjoyment of social and economic rights, and the need to
address gaps in the legal framework.
A.
Protection
19.
The Government of South Sudan bears primary responsibility for providing security
and protection to its civilian population. Large-scale loss of life in South Sudan as a result
of armed conflict highlights the State’s inability to protect civilians. The overwhelming
majority of victims of acts of violence in the country are civilians, including women and
children. Perpetrators range from individual bandits to heavily armed ethnic groups,
sometimes mobilized en masse. Although tensions between different groups in South Sudan
have existed for generations, violence has increased dramatically as a result of the
widespread proliferation of firearms. In 2011 alone, more than 3,000 people reportedly died
from violent conflicts in South Sudan.3 The escalation of conflict is likely to increase as
disputes over already limited resources arise between host communities and the growing
numbers of returnees from the Sudan and neighbouring countries.
20.
In December 2011 and January 2012, the State of Jonglei witnessed serious intercommunal violence which resulted in a large number of casualties as well as mass
displacement of civilians. A report published by UNMISS following the incident concluded
that the failure of the Government to protect civilians from violence, investigate previous
incidents and hold perpetrators accountable contributed to the attacks, which resulted in
more than 800 deaths.4 In mid-October 2011, the Government launched a civilian
disarmament operation in Jonglei to address the widespread proliferation of arms in that
State. Allegations of violations of human rights, including sexual violence by security
forces, were reported in the context of the disarmament operation.
21.
Civilians also continue to bear the brunt of the border clashes between South Sudan
and the Sudan. Despite the ongoing efforts made by the international community to resolve
the disputes between the two States, during the reporting period, the Sudan continued to
carry out indiscriminate aerial attacks on South Sudan, resulting in death and the massive
displacement of civilians along the border areas. The massive influx of displaced persons
has created acute protection challenges. Heavy rains have restricted access to the main
camps along the border, including for human rights monitors, leaving the displaced to face
a humanitarian catastrophe. In addition, the situation of generalized insecurity has
reportedly led to numerous instances of sexual abuse.
2
3
4
6
See A/HRC/18/16, paras. 83-84.
See the United Nations Development Assistance Framework report on South Sudan (2012 – 2013).
See UNMISS report on incidents of inter-communal violence in Jonglei, South Sudan, 25 June 2012.
Available from http://unmiss.unmissions.org/Default.aspx?tabid=4969&language=en-US.
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