A/HRC/34/63
ending violence. Both regional and international actors seem unable to exert any
substantial influence on the warring parties to stop the conflict, while regional
national interests undermine collective action to save South Sudan.
92.
The Commission notes with concern that critical evidence is being lost every
day as witnesses are killed or disappeared, and the whereabouts of displaced witnesses
becomes unknown. Physical evidence degrades, and documentary and other similar
evidence is lost, concealed or destroyed.
B.
1.
Recommendations
Government of South Sudan
93.
The Commission recommends that the Government of South Sudan:
(a)
Immediately cease hostilities and conclude a permanent ceasefire. It
should renew publicly its commitment to the full implementation of the Agreement on
the Resolution of the Conflict in the Republic of South Sudan, including by
establishing and implementing all three institutions described in chapter V thereof.
The Government should cooperate with the African Union in the speedy
establishment of the hybrid court for South Sudan, and set a timetable for the prompt
conclusion of an agreement on cooperation;
(b)
As a priority, comply with its obligations under both national and
international law to promote and protect the rights of civilians, take measures to
prevent future violations, including torture, rape and conflict-related sexual violence,
arbitrary detention, abductions, and killings by the security forces, and ensure that
those responsible are held accountable. Compliance with obligations includes the
prohibition of amnesties for serious crimes;
(c)
Prioritize security sector reform with a view to building a pluralistic and
ethnically inclusive security sector. Trust in the security forces, including the military,
police and national security services, has been eroded because of the role they have
played in the conflict and in the perpetration of serious crimes;
(d)
Give unfettered access to the United Nations, the International
Committee of the Red Cross, local human rights defenders and humanitarian workers
to allow them to carry out their work in accordance with international law and their
mandates;
(e)
Establish conditions that are conducive to the return of internally
displaced persons and refugees to their homes, allowing them to live in freedom and
dignity;
(f)
End its repressive campaign against the media and civil society actors,
including those who cooperate with the United Nations, and create an environment in
which the rights to freedom of speech and of association and to freedom of the media
are respected. All senior political and government officials, including the President,
should refrain from hate speech and speech that fuels ethnic tensions. The President,
senior government officials and politicians should commit publicly to a policy of
ethnic plurality and diversity, and inclusiveness, upholding the principles of equality
and non-discrimination;
(g)
Repeal laws that have the effect of restricting or weakening the activities
of civil society and non-governmental organizations, including activities involving
monitoring and reporting on government policies and human rights violations;
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