RES/29/13 Mission by the Office of the United Nations High Commissioner for Human Rights to improve human rights, accountability, reconciliation and capacity in South Sudan

Human Rights Council Twenty-ninth session

Agenda item 2

Resolution adopted by the Human Rights Council on 2 July 2015

29/13. Mission by the Office of the United Nations High

Commissioner for Human Rights to improve human rights,

accountability, reconciliation and capacity in South Sudan

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Guided also by the Universal Declaration of Human Rights, the African Charter on

Human and Peoplesʼ Rights and relevant human rights treaties,

Emphasizing that States have the primary responsibility for the promotion and

protection of human rights,

Recalling Human Rights Council resolution 5/1 of 18 June 2007, as well as Council

resolutions 18/17 of 29 September 2011, 21/28 of 28 September 2012, 23/24 of 14 June

2013 and 26/31 of 27 June 2014 on technical assistance and capacity-building for South

Sudan in the field of human rights, and President’s statement PRST 25/2 of 28 March 2014,

Taking note of all relevant decisions and communiqués of the African Union and the

Intergovernmental Authority on Development,

Taking note also of Security Council resolutions 2206 (2015) of 3 March 2015 and

2223 (2015) of 28 May 2015,

Deeply concerned by the allegations of human rights violations and abuses in the

report of the Secretary General on South Sudan,1 the reports of the United Nations Mission

in South Sudan dated 21 February 2014, 8 May 2014, 19 December 2014, and 9 January

2015, and the report of the United Nations High Commissioner for Human Rights,2

Noting with deep concern the prevailing situation on the ground marked by

continued fighting and attacks against civilians, access restrictions and other impediments

to humanitarian assistance, acute food insecurity and the dire humanitarian crisis, producing

large populations of internally displaced persons within South Sudan and refugees outside

the country,

1 S/2015/296.

2 A/HRC/28/49.

United Nations A/HRC/RES/29/13

General Assembly

Strongly condemning all ceasefire violations committed by the parties, as reported

by the Monitoring and Verification Mechanism of the Intergovernmental Authority on

Development, as well as the attacks and other egregious acts of violence and abuses of

human rights against civilians, including during the fighting in Upper Nile and Unity States

in April and May 2015,

Condemning in the strongest terms the attacks and other acts of violence and

harassment targeting humanitarian agencies and their personnel and assets, while

commending humanitarian agencies for their continued assistance to the affected

populations, and urging all actors concerned to cooperate fully with humanitarian agencies,

Deeply concerned at the situation of human rights in South Sudan and at reports of

atrocities committed since the outbreak of violence on 15 December 2013, exacerbated by

the recent upsurge in violent clashes, including the targeted killing of civilians and mass

displacements, and allegations of unlawful recruitment and use of child soldiers,

widespread incidents of arbitrary arrest and detention, and sexual violence,

Noting with grave concern the conclusions of the United Nations Mission in South

Sudan in its report of 8 May 2014 regarding violations and abuses of human rights,

violations of international humanitarian law and serious crimes,

Deeply concerned at the serious reports of violence against children, including rape

and other sexual violence, and brutal killing, including the slitting of throats, and burning

and allowing children to bleed to death,

Expressing particular concern at the reduction of democratic space in South Sudan,

including through the heightened restrictions on the exercise of the human rights to the

freedoms of expression, peaceful assembly and association and limitations on the operation

of civil society and the media,

Emphasizing that persistent barriers to the implementation of Security Council

resolution 1325 (2000) of 31 October 2000 will only be dismantled through a dedicated

commitment to women’s empowerment, participation and human rights, and through

concerted leadership, consistent information and action and support to build women’s

engagement at all levels of decision-making,

Welcoming the mediation efforts of the Intergovernmental Authority on

Development and its Plus mechanism, and the contribution of the African Union,

encouraging the renewed regional and international efforts to implement swiftly a

comprehensive solution to end the crisis in South Sudan, and urging all parties to engage

meaningfully in the peace process to bring about a political resolution to the crisis and an

end to the violence,

Noting the dialogue and agreement on the reunification of the Sudanese People’s

Liberation Movement of 21 January 2015, commending the role played by Chama Cha

Mapinduzi of the United Republic of Tanzania, the Ethiopian People’s Revolutionary

Democratic Front of Ethiopia and the African National Congress of South Africa in

fostering dialogue and understanding among the leaders of the Sudan People’s Liberation

Movement, and noting also the recent reinstatement of dismissed political leaders of the

Sudan People’s Liberation Movement to their previous positions,

Recognizing the critical work of the Human Rights Division of the United Nations

Mission in South Sudan,

Mindful of the immense challenges facing the people in South Sudan owing to its

acute food and water crises, slow progress in its infrastructure and lack of services,

including education and health care, all exacerbated by this man-made crisis, while

encouraging the international community to continue to provide humanitarian assistance to

the people of South Sudan in this regard,

Expressing concern that the situation in South Sudan continues to be characterized

by impunity,

Welcoming the establishment and work of the African Union Commission of Inquiry

on South Sudan and stressing the importance of thorough and genuine investigations into

all human rights violations and abuses, and violations of international humanitarian law,

with a view to bringing perpetrators to justice,

Underlining the role that domestic, regional and international accountability

mechanisms can play in assisting South Sudan to ensure accountability,

Taking note of the conclusions on children and armed conflict in South Sudan

adopted by the Security Council Working Group on Children and Armed Conflict on 8 May

2015, welcoming the accession of South Sudan to the Convention on the Rights of the

Child, and welcoming also the steps taken to accede to the Optional Protocol to the

Convention on the Rights on the Child on the involvement of children in armed conflict,

and calling for their swift implementation,

1. Expresses grave concern at the ongoing human rights violations and abuses

and violations of international humanitarian law in South Sudan, including those involving

alleged targeted killings, ethnically targeted violence, rape and other forms of sexual and

gender-based violence, the recruitment and use of children, arbitrary arrests and detention,

alleged torture, arbitrary denial of humanitarian access, violence aimed at spreading terror

among the civilian population, and attacks on schools, places of worship, hospitals and

United Nations and associated peacekeeping personnel, by all parties, as well as the

incitement to commit such abuses and violations condemns the harassment and violence

directed at civil society, humanitarian personnel and journalists, and emphasizes that those

responsible for violations and abuses of human rights and violations of international

humanitarian law must be held accountable;

2. Demands that all actors put a halt to all human rights violations and abuses

and all violations of international humanitarian law, and strongly calls upon the

Government of South Sudan to ensure the protection and promotion of human rights and

fundamental freedoms, especially for women and children;

3. Stresses the importance of accountability, reconciliation and healing as

prominent elements of a transitional justice mechanism, and also stresses that perpetrators

of violations of international humanitarian law and human rights violations and abuses,

alleged crimes against humanity and war crimes should be held accountable and brought to

justice;

4. Calls upon the Government of South Sudan to investigate and report on

atrocities, including human rights violations and abuses and violations of international

humanitarian law, and to hold those responsible to account, while affording fair-trial

protections and supporting victims;

5. Welcomes the communiqué of 13 June 2015 by the African Union Peace and

Security Commission, and its plans to consider the report of the African Union Commission

of Inquiry on South Sudan at a meeting in July 2015, anticipates with interest the findings

and recommendations of the Commission of Inquiry, and encourages the public release of

its final report as soon as possible;

6. Recognizes the importance of independent and public human rights

monitoring, investigation and reporting mechanisms, including by South Sudan, for their

usefulness in laying the groundwork for justice, accountability, reconciliation and healing

among members of all South Sudanese communities;

7. Notes the continued positive engagement of the Intergovernmental Authority

on Development and its Plus mechanism, and welcomes the appointment of the former

President of Mali, Alpha Oumar Konaré, as the African Union High Representative for

South Sudan, to bring about peace and stability in South Sudan;

8. Urges all parties to respect and implement the agreements mediated by the

Intergovernmental Authority on Development and to commit to inclusive dialogue,

reconciliation and peacebuilding; notes with concern that, since the signing of the Cessation

of Hostilities Agreement in January 2014, breaches have continued from both sides of the

conflict; calls for the Agreement to be respected and for all fighting to cease; and urges the

parties to reach a peace agreement to end the conflict;

9. Expresses its appreciation for the support of neighbouring countries to

refugees, and calls upon the international community to help neighbouring countries

hosting refugees, especially women, children and persons with disabilities;

10. Urges the Government of South Sudan to take immediate steps to protect the

human rights to freedoms of expression, peaceful assembly and association by, among

other things, ensuring that civil society organizations and the media can operate freely and

without discrimination, in accordance with international human rights obligations;

11. Strongly urges all parties to end and prevent violations committed against

children, and calls upon the armed forces of all parties to end immediately all forced or

unlawful recruitment of children and to release all children that have been recruited to date;

12. Recognizes the important role that women play in building peace, calls for

the protection and promotion of the rights of women, their empowerment and participation

in peacebuilding, conflict resolution and post-conflict processes, in accordance with

Security Council resolution 1325 (2000), and the need to honour commitments made by all

parties and to take action to tackle sexual violence, and in this regard calls upon South

Sudan to meet the commitments made in the joint communiqué on sexual violence signed

with the United Nations on 11 October 2014;

13. Reiterates the importance of an objective assessment of the situation of

human rights in South Sudan;

14. Requests the Office of the United Nations High Commissioner for Human

Rights:

(a) Urgently to undertake a mission to engage with the Government of South

Sudan, to monitor and report on the situation of human rights, and to undertake a

comprehensive assessment of allegations of violations and abuses of human rights with a

view to ensuring accountability and complementarity with the African Union Commission

of Inquiry;

(b) To make recommendations for technical assistance and capacity-building and

ways to improve the situation of human rights in the country with a view to providing

support to the country in fulfilling its human rights obligations;

(c) To recommend on the basis of the above-mentioned assessments and the

benchmarks outlined in paragraph 15 below the follow-up action that would be appropriate

for the Human Rights Council to consider, including the possibility of a mechanism, as

appropriate;

(d) To engage with the Government of South Sudan and other relevant

stakeholders to incorporate a gender perspective, and to consider a full range of

information, including from relevant human rights mechanisms, in particular the Human

Rights Division of the United Nations Mission in South Sudan and civil society entities in

the fulfilment of the present mandate with a view to help the country to fulfil its human

rights obligations;

(e) To support domestic, regional and international efforts towards

accountability, reconciliation and other transitional justice measures, including through

recommendations concerning appropriate technical assistance, while taking into

consideration the findings and recommendations made by the African Union Commission

of Inquiry in its report;

15. Also requests the Office of the High Commissioner, in carrying out the above

mandate, to assess the effectiveness of steps taken by the Government of South Sudan to

ensure accountability for human rights violations and abuses, which could include work to

establish appropriate criminal justice mechanisms; to decrease and prevent violence against

children and the recruitment of child soldiers; to investigate, arrest and prosecute

perpetrators of any human rights violations and abuses, and of rape and sexual violence,

including those in armed groups and the military; to investigate, arrest and prosecute

perpetrators of targeted killings; to increase democratic space, especially for the media and

civil society; and to prevent arbitrary detention;

16. Calls upon the Government of South Sudan to cooperate fully with the Office

of the High Commissioner in the implementation of the present resolution, including by

facilitating visits and access to the country and by providing relevant information;

17. Encourages the Office of the High Commissioner and relevant special

procedures mandate holders to provide, in consultation with the Government of South

Sudan, advice and technical assistance on implementing the above-mentioned steps;

18. Calls upon the Government of South Sudan to cooperate constructively with

the United Nations, including the United Nations Mission in South Sudan;

19. Requests the High Commissioner to present a preliminary oral report to the

Human Rights Council at its thirtieth session, and to present a full report in an interactive

dialogue, including on the issue of sexual violence, to the Council at is thirty-first session;

20. Requests that the Office of the High Commissioner be provided with all

necessary and appropriate resources to fulfil the present mandate;

21. Decides to remain seized of the matter.

44th meeting

2 July 2015

[Adopted without a vote.]