A/HRC/31/49
While reconciliation processes may be an essential part of peace efforts, the failure to
ensure accountability, including the failure to establish the hybrid court for South
Sudan and the other measures under the Agreement on the Resolution of the Conflict
in the Republic of South Sudan, will undoubtedly contribute to new cycles of violence.
VII. Recommendations
71.
The High Commissioner reiterates the recommendations made, but largely
unimplemented, in previous reports submitted to the Human Rights Council.
72.
Recognizing the urgent need to bring an end to the extensive violations and
abuses of human rights and violations of international humanitarian law in South
Sudan, and to provide for justice and accountability, the High Commissioner appeals
to all sides of the conflict promptly to cease hostilities and to support the
establishment of a transitional Government of national unity, in order to move
towards a State based on respect for human rights and the rule of law.
73.
The High Commissioner accordingly recommends that all parties to the
conflict:
(a)
Desist immediately from violations of international human rights law
and international humanitarian law, and abuses of human rights, in particular those
amounting to crimes under international law, and specifically attacks on civilians and
killings, and acts of rape and sexual and gender-based violence, arbitrary detention,
abduction and widespread looting.;
(b)
Declare and ensure that violations of international human rights law and
international humanitarian law, and abuses of human rights will not be tolerated, and
that those suspected of such acts will be removed from duties pending investigation or
will not be appointed.
74.
The High Commissioner recommends that the transitional Government of
national unity:
(a)
Ensure that, over time, all individuals in South Sudan who have suffered
violations or abuse of their rights are afforded an effective remedy
(b)
Ensure that all individuals responsible for orchestrating the violence in
South Sudan, namely the political and military leadership of the parties to the conflict,
do not enter the Government, and that those alleged to have committed violations and
abuses are precluded from standing for election;
(c)
Institute, as a matter of priority, a comprehensive vetting programme
compliant with standards of due process to remove from and prevent the recruitment
into State services (including SPLA, law enforcement and the national security
services) of individuals, in particular at senior levels, for whom there are reasonable
grounds to believe that they have been involved in violations of international human
rights law or international humanitarian law, or abuses of human rights;
(d)
Take steps to stop and prevent violations and abuses of the rights of
children, including by actively preventing and combating the recruitment and use of
children in hostilities by parties to the conflict;
(e)
Take effective action to eliminate sexual and gender-based violence,
including by implementing a gender-sensitive protection and reporting mechanism,
and by providing redress, rehabilitation services and access to justice for victims;
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