A/HRC/9/13
page 17
to integrate these often widely respected systems as an official part of the judicial system and, as
part of this process, ensure their compliance with fundamental human rights norms. Given the
other complications affecting the administration of justice in the transitional areas, however,
such initiatives have been extremely limited.
VI. SOUTHERN SUDAN
64. Many interlocutors in Southern Sudan display a commitment to human rights, but the
Government of Southern Sudan should take a more proactive approach to implementing a broad
human rights agenda by allocating resources to institutions that support human rights, such as
independent commissions, the police and the judiciary. Without financial support, which requires
political will, commendable commitment will not necessarily have an impact. There are major
human rights concerns linked to prevailing insecurity and the proliferation of firearms, as well as
the role of the SPLA in civilian law enforcement. Concerns also include the impunity of SPLA
personnel, the administration of justice, the conditions in detention centres and the lack of
progress on the fulfilment of social and economic rights.
65. The Southern Sudan Human Rights Commission (SSHRC) was established by the
Government of Southern Sudan (GoSS) as an independent Commission under article 149 of the
Interim Constitution of Southern Sudan with a mandate to protect and promote human rights and
fundamental freedoms. Since the last report of the Special Rapporteur the Commission has made
significant progress towards carrying out its role as an independent oversight mechanism,
promoting human rights standards and raising concerns with the relevant authorities. Its first
annual report was published in June 2008 and it plans to expand its presence beyond Juba.
Strong international support, including technical, financial and logistical assistance, plays an
essential role in continuing these positive developments, improving the capacity of the SSHRC
and extending its reach. As of July 2008 the GoSS had still not passed and signed the enabling
act for the Commission. It is imperative that the SSHRC is backed up by a strong law clearly
defining its role and powers according to the Paris Principles.12
66. Numerous people in Southern Sudan are killed as a result of localized armed clashes and
general insecurity. A particular security concern is the continuing presence of the Lord’s
Resistance Army (LRA) and other armed groups across a wide area of Southern Sudan.
67. Localized armed clashes between tribes commonly occur over disputes related to land,
cattle, other resources and family affairs. Because of the proliferation of weapons and the so far
limited effect of disarmament, demobilization and reintegration programmes, in many cases the
Government has not intervened or taken sufficient action to protect the lives and property of
those affected by inter- and intra-tribal fighting. In other instances the Government has
intervened so forcefully as to aggravate rather than alleviate the situation. The latter is of
particular concern in the light of the President of Southern Sudan’s operation order No. 1/2008
regarding the disarmament of the civilian population, which was issued in May 2008. If
disarmament does not occur voluntarily, it may cause some violence.
12
General Assembly resolution 48/134.
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