A/HRC/45/CRP.3
of the EAC Treaty, which South Sudan has undertaken to uphold by becoming a State
Party. The East African Court of Justice could therefore provide a potential avenue for
victims of starvation to seek redress for violations of the right to food.
4.
Transitional Constitution of South Sudan (2011) and national criminal law
46. At the national level, the right to food may be construed by Articles 9(3) and 11 of
the Transitional Constitution of South Sudan, which guarantee both the domestic
application of international human rights instruments to which South Sudan is a State
Party and the right to life and human dignity. The interdependence, indivisibility, and
interrelated nature of all human rights form another basis for the recognition of the right
to food. The rights to life and physical integrity are also protected by South Sudan’s
criminal law in several provisions of the Penal Code Act (2008), as amended by the Penal
Code (Amendment) Bill (2015). The SPLA Act also grants jurisdiction to civilian courts
against military personnel accused of crimes against civilians or civilian properties. 48
5.
Crimes against humanity
47. The Draft Statute of the Hybrid Court includes the following relevant crimes against
humanity when committed as part of a widespread or systematic attack directed against a
civilian population: (i) deportation or forcible transfer of population; (ii) persecution
against any identifiable group or collectively on political, racial, national, ethnic, cultural,
religious, gender or other grounds that are universally recognised as impermissible under
international law; and (iii) other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical health.49
48. The draft legislation pending before the National Legislative Assembly would add
a Section 206B to the Penal Code thereby allowing for the trial and punishment of certain
crimes against humanity at the national level.50
V.
Western Bahr el Ghazal State (2016-2019)
1.
Background to conflict and food insecurity
49. For more than seven years, Western Bahr el Ghazal State has been marred by
persistent ethnic tensions that have triggered on-going armed insurgencies between
Government and Sudan People’s Liberation Army in Opposition (pro-Riek Machar)
(SPLA-IO (RM)) forces, induced mass displacement, and generated acute levels of food
insecurity for tens of thousands of vulnerable South Sudanese women, men, and children.
Prior to the outbreak of national conflict on 15 December 2013, the population of Western
Bahr el Ghazal State comprised primarily the Balanda Boor (Fertit) and Luo ethnic
groups, both of which represent minority communities generally perceived by the
Government of South Sudan as being aligned with opposition forces.
50. Not long after South Sudan gained independence in 2011, the Government of
President Salva Kiir made the controversial decision on 19 October 2012 to transfer the
administrative headquarters of Wau County from Wau town to Baggari – a town 20
kilometres southwest of Wau – despite fierce objections by Fertit and Luo citizens in Wau
48
SPLA Act, Art. 37(4).
Draft Statute of the Hybrid Court for South Sudan, at Arts. 3(d), (h), and (j).
50 Article 206B Crimes Against Humanity: “Whoever directs widespread or systematic attack against any civilian population,
with intent of killing or extermination or enslavement or deportation or forcible transfer of population or imprisonment or other
severe deprivation of physical liberty in violation of fundamental rules of international law or torture or rape or sexual slavery or
pregnancy or enforced sterilization or any other form of sexual violence or comparable gravity or prosecution against any
identifiable group or collectively on political or racial or national or ethnic or cultural or religious or gender or enforced
disappearance of persons or crime of apartheid or any other inhuman acts of similar character commits an offences of crimes
against humanity and upon conviction shall be sentenced to death or life imprisonment.”
49
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