A/HRC/21/34
support to the Government on the establishment of an interministerial working group to
review draft legislation and undertake preparatory work on treaty ratification.
46.
The UNMISS Human Rights Division has provided technical and advisory services
to the National Assembly through the latter’s Human Rights and Humanitarian Affairs
Committee. Assistance has included comprehensive legal reviews of the Citizenship Act
and media bills, which were aimed at harmonizing draft legislation with international and
regional human rights standards. In addition, the Division has made use of its network of
field offices to conduct training workshops on the promotion and protection of human
rights, targeting members of parliament, in particular in the states of Unity and Northern
Bahr el Ghazal. To fulfil its objective of monitoring the performance of the executive
power in human rights and humanitarian affairs issues, Committee members would benefit
from further training on international human rights law, exchanges of experience with
parliaments from neighbouring countries and capacity-building on promotion and
monitoring activities.
B.
Judiciary
47.
Priority areas with regard to technical assistance to the judiciary include continuous
training of judges, prosecutors and lawyers, legal aid, mobile courts and the building of a
comprehensive juvenile justice framework.
48.
South Sudanese prosecutors, lawyers and judges would benefit from continued
training in criminal justice legislation, as well as in domestic and international human rights
and women’s rights law. In addition, most lawyers start law practice almost immediately
after completion of law school, as the country lacks a professional training school. Support
for the establishment of a legal training institute would also improve the capacity of legal
staff members in the ministries and other relevant institutions.
49.
The UNMISS Human Rights Division has conducted pilot initiatives relating to the
application of customary law in South Sudan. In this context, UNMISS developed and
delivered a series of training programmes for traditional authorities in Western Equatoria
State to support and strengthen human rights through specific interventions focused on their
jurisdictional powers and mechanisms. UNMISS is also mentoring court liaison and
probation officers and training them to address issues of prolonged and arbitrary detention.
Such programmes should be supported and replicated in other parts of the country.
50.
Legal aid is also an area for technical assistance. As acknowledged by the Ministry
of Justice, most South Sudanese are not aware of the right to free legal aid or of the right to
have legal representation in serious criminal, civil, land and family matters. The Ministry of
Justice is expected to develop a legal aid strategy for the period 2012–2014.
51.
Members of the judiciary, representatives of the Ministry of Justice and international
actors working with the judiciary, all aware that statutory courts are not likely to expand
considerably in the near future, have expressed interest in setting up mobile courts in South
Sudan. The right to access to justice is unlikely to be fulfilled unless creative measures,
such as mobile courts, are taken.
52.
The Government acknowledges that there is no comprehensive juvenile justice
system in South Sudan. The Child Act is yet to be implemented and the Independent Child
Commission to be formed. Neither are prosecutors and law enforcement officers familiar
with the Act. The existing juvenile justice units within the Ministry of Justice are in need of
strengthening and a comprehensive policy framework for juvenile justice should be
developed.
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