A/HRC/RES/40/19
Gravely concerned about ongoing reports of widespread sexual and gender-based
violence committed against women and girls and instances of conflict-related rape and gang
rape used as a weapon against the civilian population, including the rape of women and
girls near Bentiu, coupled with beatings, abductions, sexual slavery and forced marriage,
and recognizing the urgency and importance of timely investigations and of timely
assistance and protection for survivors of sexual and gender-based violence, including
sexual and reproductive health, psychosocial, legal and livelihood support and other
multisectoral services for survivors of sexual and gender-based violence, and of working
with communities to reintegrate those affected by sexual and gender-based violence, and
taking into account the specific needs of persons with disabilities,
Emphasizing the importance of good governance and the rule of law as key elements
of conflict prevention, peacekeeping, conflict resolution and peacebuilding, and stressing
the responsibility of the Government of South Sudan to promote and protect democratic
space in South Sudan, including through freedom of expression, of peaceful assembly and
of association, and by preventing attacks on and harassment of journalists, media workers
and human rights defenders, in the interest of fostering an open and inclusive political
environment that supports sustainable peace,
Expressing concern at continued impunity in South Sudan, while noting that the
prosecution and conviction of members of the national armed forces for the killing of a
journalist and rape of humanitarian aid workers at the Terrain Hotel in July 2016 represents
a step towards greater justice and accountability in South Sudan, and that the parties to the
Revitalized Agreement have re-endorsed the transitional justice mechanisms in its chapter
V,
Noting the establishment of investigation committees at the national and state levels
to investigate violations of human rights and international humanitarian law, and stressing
the need for these committees to produce credible, accurate and public reports while
respecting the rights of survivors and victims,
Recognizing that transitional justice mechanisms are important elements in a
national reconciliation process, as they, inter alia, address accountability, reparations, truthseeking and guarantees of non-recurrence, emphasizing the importance of the agreed
principles for transitional justice and the establishment of the hybrid court for South Sudan,
the commission for truth, reconciliation and healing and the compensation and reparation
authority, as outlined in chapter V of the Revitalized Agreement, and underlining the role
that domestic, regional and international accountability mechanisms can play in assisting
South Sudan to ensure accountability,
Recognizing also the importance of an inclusive political process, and noting that the
steps taken to unify the Sudan People’s Liberation Movement could be a part of that
process,
1.
Condemns in the strongest possible terms the ongoing violations and abuses
of human rights and violations of international humanitarian law in South Sudan, including
those involving the targeted killing of civilians and widespread sexual and gender-based
violence, including rape and gang rape, which continue to be used as a weapon of war, the
recurring unlawful recruitment and use of children by armed groups, arbitrary arrests and
detention, torture, the arbitrary denial of humanitarian access and attacks on schools, places
of worship, hospitals and United Nations and associated peacekeeping personnel by all
parties, and the impunity for such violence by all armed groups, and condemns the
harassment and violence directed at civil society, human rights defenders, humanitarian
personnel and journalists;
2.
Stresses that those responsible for violations and abuses of human rights and
violations of international humanitarian law, including any that amount to war crimes or
crimes against humanity, should be held accountable with a view to ending impunity and
ensuring redress while affording fair trial protections to the accused and supporting victims
and protecting potential witnesses before, during and after legal proceedings;
3.
Demands that all parties to the conflict put a halt to all violations and abuses
of human rights and all violations of international humanitarian law, and strongly calls
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