A/HRC/23/31 III. Human rights challenges and priorities 14. Against the background described above, South Sudan has continued to face daunting challenges to improving respect for human rights two years after its declaration of independence. While the historical legacy of conflict and underdevelopment, combined with the current difficulties (austerity measures have stifled efforts to improve the climate for advancing economic, social and cultural rights), have constrained the Government’s ability to make significant progress in protecting and promoting human rights, some positive developments have been registered in the creation of policies and laws to protect human rights and fundamental freedoms. 15. For instance, human rights norms and standards from key international human rights conventions have been enshrined in the transitional Constitution of South Sudan. Another significant achievement was marked when the Council of Ministers, in November 2012, adopted a national agenda for human rights, which was drafted by the Human Rights Commission with the support of OHCHR. 16. The ability of South Sudan to guarantee human rights remains limited, with some signs of deterioration. Civilians living in conflict-prone areas continue to suffer from violence and intimidation, while in the capital of Juba violations of human rights attributed to members of the security forces have been reported. With a shortage of qualified personnel and an overreliance on customary and traditional justice systems outside the main population centres, the rule of law remains frail and the fight against impunity weakened. Arbitrary arrest, and acts of intimidation and harassment, of journalists, human rights defenders, foreign nationals or members of the political opposition still take place, with little accountability. These manifestations of a lack of respect for freedom of expression run counter to the Government’s publicly stated commitment to a democratic system based on the rule of law, pluralism and tolerance of diverse opinions. This commitment needs to be translated into action and reinforced at all levels. 17. In addition to the expulsion of a United Nations senior Human Rights Officer in October 2012 and the temporary detention of two others in January 2013, United Nations Human Rights Officers have faced a number of obstacles in carrying out monitoring and investigation work, including a frequent lack of access to detainees held in military or national security facilities. Denial of access has hampered the information-gathering process in some areas, hindering the ready identification of possible areas for technical assistance. 18. The Human Rights Commission has not been able to carry out its mandated functions effectively. Although the process to ratify the main international human rights treaties has been cumbersome, some progress was noted. 19. The capacity of the Government to protect civilians, particularly those who suffer the brunt of criminality and armed conflict, needs to be strengthened. A. Protection of civilians 20. The Government is responsible for ensuring the protection of the civilian population. The civilian population is, however, still subject to harm as a consequence of the violence, especially in Jonglei and the tri-State area, which shows the authorities are not fulfilling this responsibility. According to data collected by the Office for the Coordination of Humanitarian Affairs, inter-communal violence poses the greatest threat to civilians in South Sudan, particularly when linked with cattle raiding, which accounts for 73 per cent of all conflict-related deaths since independence. The perpetrators of violent acts largely 5