A/HRC/31/49
entities. Indeed, supporting any capacity-building activities for current government entities
would implicitly condone the violations described in the present report. Capacity-building
activities for the transitional authorities could be viable if the transitional Government of
national unity were to commit to ending the violence against the civilian population, to
excluding perpetrators – including SPLA and the security services – from the structures of
the transitional Government, and to preventing further violations and abuses, and if it were
to demonstrate a commitment to further accountability, in particular by cooperating with
the hybrid court and other accountability mechanisms. If such commitments were made, the
High Commissioner would encourage exploring technical support for the section of the
Agreement on the Resolution of the Conflict in the Republic of South Sudan dedicated to
transitional justice, accountability and reconciliation, including assistance for consultations
and a needs assessment to inform efforts to achieve truth, justice, reparations, reconciliation
and guarantees of non-recurrence.
65.
The above-mentioned support should take into account the widespread displacement
and destruction witnessed throughout much of the country, which have severely weakened
and transformed communities and local government structures. Much of the population is
deeply traumatized by the years of violence. Initiatives related to reconciliation, including
awareness-raising and a national consultation process, much take such considerations into
account.
VI. Conclusions
66.
Since December 2013, gross human rights violations and abuses and serious
violations of international humanitarian law have been perpetrated in South Sudan.
These acts have included killings and other attacks against civilians, rape and other
sexual violence, arbitrary arrest and detention, the deprivation of liberty, abduction
and violations of the rights of children, including their recruitment and use in
hostilities. Throughout the conflict, sexual and gender-based violence has been
widespread. All parties to the conflict are responsible for violations of international
law. In 2015, however, the findings in the present report have shown that State actors
bear the greatest responsibility for the violations of both international human rights
law and international humanitarian law in the face of a weakened opposition force.
67.
The military offensive by the Government in Unity State was conducted with
the apparent purpose of spreading terror among civilians, including by means of
killings, widespread sexual and gender-based violence and the pillaging of property.
In addition to conflict-related violence, the Government increasingly suppressed
freedom of expression and other democratic rights.
68.
The Government’s failure to produce the reports of its investigations into the
violations committed in 2013 and 2014 or to undertake any investigations leading to
the prosecution of alleged human rights violations and human rights abuses and
violations of international humanitarian law raises questions with regard to its
commitment to ensuring accountability.
69.
The legacy of violence and revenge, the lack of political will, the patterns of
violations and abuses as documented in the present report and the impunity enjoyed
by perpetrators suggest that only far-reaching reforms in governance, the security
apparatus and the judicial system will be able to ensure respect of and protection for
human rights and prevent similar violations and abuses from recurring.
70.
The dismantlement of the apparatus of violence while holding to account those
responsible for the immense suffering of the population is the only viable, lasting
solution for ensuring the protection and promotion of human rights in South Sudan.
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