A/HRC/7/22
page 18
death row who do not benefit from any legal assistance. Cases of illegal transfers from one State
to the other without their corresponding files based on orders from senior civilian authorities
have been documented and fortunately readdressed following the intervention of the UNMIS
Human Rights Office. Poor detention conditions and lack of progress in their files causes
widespread dissatisfaction among the prison population, as was demonstrated by a prison strike
in Rumbek on 19 December.
71. Ill-treatment used to punish suspects and to extract information is widely practised during
arrest and in detention by local authorities, chief courts and law enforcement officials. The
practice is sometimes performed in public as an example to others. A case in point was witnessed
in Malakal, where the customary court sentenced 10 young women to 50 lashes each for public
nuisance under section 232 of the Penal Code. The punishment was illegal as it went beyond the
limits permitted by Southern Sudanese law.
72. Tribal clashes over water points, land and cattle continue. In Jonglei and Bor, clashes
between the Murle and the Dinka Bor were reported on various occasions, resulting in human
and material loss. Cattle rustling, abduction of children and revenge killings have continued.
In one attack, more than 7,000 cattle were reportedly stolen by the Murle in Meden Boma,
leading to a subsequent attack by the Dinka on a hospital operated by Médecins Sans Frontières,
where some Murle were undergoing treatment. Reports suggest that at least 45 people were
killed during the attack. Tension subsequently rose among the population; as a result, Joint
Integrated Unit troops were sent to the area. A high-level delegation from the Government of
Southern Sudan also visited the area to calm the situation. The insecurity in the border area
between Warap and Unity States resulting from attacks and cattle rustling was reported to have
caused the displacement of people.
73. Organized returns were temporarily suspended in Jonglei owing to the insecurity in the
area caused by tribal clashes. Concerns over the return of refugees from Uganda and Kenya into
the Equatoria States remain as land continues to be occupied by internally displaced persons and
SPLA members. The conflict between those claiming the land and those occupying it in many
cases appears to be a conflict between ethnic groups. Owing to the gravity of the situation, the
Central Equatoria Legislative Assembly has established a committee of investigation on land
grabbing and malpractices; a draft bill on land tenancy has been submitted to the Ministry of
Legal Affairs and Constitutional Development for approval.
74. The lack of respect for economic and social rights is of particular concern in
Southern Sudan. A recent Southern Sudan Ministry of Health report showed that the Sudan
had the world’s worst maternal mortality rate: 102 infants in every 1,000 live births die;
13.5 per cent of Southern Sudanese children die before they reach the age of 5; it takes an
average of 45 minutes to reach a water source; only 16 per cent of children go to primary school;
only 1.9 per cent complete it. Access to basic facilities is further endangered by insecurity in
certain areas following tribal clashes, as has been reported on numerous occasions. For example,
women are unable to collect water or work in the field where cases of harassment by men in
uniform have been reported, while those displaced as a result of the conflict continue to face
enormous challenges when attempting to fulfil their basic needs.
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