RES/31/20 Situation of human rights in South Sudan

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Human Rights Council Thirty-first session

Agenda item 4

Resolution adopted by the Human Rights Council on 23 March 2016

31/20. Situation of human rights 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 29/13 of 2 July 2015, in which the

Council requested the Office of the United Nations High Commissioner for Human Rights,

inter alia, to undertake a comprehensive assessment of allegations of violations and abuses

of human rights and to recommend appropriate follow-up action,

Recalling also Human Rights Council resolutions 5/1 of 18 June 2007, 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 the President’s statement PRST 25/2 of 28 March 2014,

Recalling all relevant decisions and communiqués of the African Union and the

Intergovernmental Authority on Development,

Recalling also Security Council resolutions 1809 (2008) of 16 April 2008, 2033

(2012) of 12 January 2012, 2206 (2015) of 3 March 2015, 2223 (2015) of 28 May 2015,

2241 (2015) of 9 October 2015 and 2252 (2015) of 15 December 2015 and the statements

by its President S/PRST/2014/16 of 8 August 2014, S/PRST/2014/26 of 15 December 2014

and S/PRST/2015/9 of 24 March 2015,

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

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

in South Sudan dated 21 February 2014, 8 May 2014, 19 December 2014, 9 January 2015

United Nations A/HRC/RES/31/20

General Assembly

and 4 December 2015, and the reports of the United Nations High Commissioner for

Human Rights,1

Deeply concerned also about the prevailing situation in South Sudan, which is

marked by the atrocities committed since the outbreak of violence in December 2013, acute

food insecurity, a deepening economic crisis and the dire humanitarian crisis, producing

mass displacements within South Sudan and outside the country, access restrictions and

other impediments to humanitarian assistance, while commending humanitarian agencies

for their continued assistance to the affected populations, and urging all actors concerned to

cooperate fully with humanitarian agencies,

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

Sudan in its reports dated 8 May 2014 and 4 December 2015 that the violations and abuses

of human rights and the violations of international humanitarian law that have been

committed may constitute war crimes and crimes against humanity,

Gravely concerned about the increase in sexual and gender-based violence and

instances of conflict-related rape and gang rape, coupled with beating and abductions, as

reported by the Secretary-General to the Security Council in February 2016,2

Expressing grave concern at the new trend of wholesale destruction of villages,

indiscriminate targeting of civilians and health-care facilities, attacks on places of worship,

the attack on the protection-of-civilians site of the United Nations Mission in South Sudan

in Malakal, the continued obstruction and extortion of humanitarian assistance convoys and

the wholesale looting and destruction of humanitarian compounds in the Greater Pibor

Administrative Area, Unity and Upper Nile States and Juba,

Condemning in the strongest terms the violence which erupted in the protection-of-

civilians site of the United Nations Mission in South Sudan in Malakal on 17 and 18

February 2016, and emphasizing the inviolability and sanctity of the United Nations

compound,

Underlining that attacks against civilians and United Nations premises may

constitute war crimes,

Expressing concern that civilians who sought safety in the protection-of-civilians

site of the United Nations Mission in South Sudan have been attacked, killed, traumatized

and displaced, and that serious damage was caused to the entire site, including to medical

clinics and schools, which were burned down and destroyed,

Recalling that the protection of civilians in South Sudan is a responsibility of the

Government of South Sudan,

Urging all parties to the conflict in South Sudan to protect civilians and allow safe

and immediate humanitarian access,

Emphasizing that mediation can play an important role in the peaceful settlement of

disputes, conflict resolution and prevention, including the prevention of human rights

violations and abuses,

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

including through the heightened restrictions on freedom of expression, peaceful assembly

and association, including attacks on journalists and media workers, and limitations on the

operations of civil society and the media, and in this regard noting with concern that the

1 See A/HRC/31/49 and A/HRC/31 CRP.6, which were made publicly available only after the start of

the thirty-first session of the Human Rights Council on 11 March 2016.

2 S/2016/138.

recently signed bills on non-governmental organizations and the Relief and Rehabilitation

Commission could disrupt international and national non-governmental organizations,

including those that provide ongoing humanitarian assistance, and stressing the

responsibilities of a transitional Government of national unity to address these issues in

accordance with the Agreement on the Resolution of the Conflict in the Republic of South

Sudan,

Welcoming the signing of the Agreement and the leading role that the

Intergovernmental Authority on Development played to mediate the Agreement, and calling

on all parties to fully implement the Agreement and abide by the ceasefire,

Welcoming also the report of the African Union commission of inquiry on South

Sudan, and emphasizing its hope that this and other credible reports will be considered by

any transitional justice mechanisms for South Sudan, including those provided for in the

Agreement,

Recognizing that accountability and transitional justice can be important elements in

a national reconciliation process and in implementing the Agreement, including by

addressing issues of reparation, truth-seeking and non-recurrence,

Welcoming the African Union Peace and Security Council communiqué of 26

September 2015, which, inter alia, reaffirmed the commitment of the African Union to

combating impunity, reiterated condemnation of the violence and abuses committed by

armed actors in South Sudan, agreed to the establishment of an independent hybrid court

and supported the establishment of a commission for truth, reconciliation and healing

consistent with the Agreement and, in this regard, inviting the Chairperson of the African

Union Commission to take all steps necessary to establish these bodies,

Underlining the role that domestic, regional and international accountability

mechanisms can play in assisting South Sudan to ensure accountability,

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

by impunity,

1. Condemns 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 and attacks on schools, places of worship,

hospitals and United Nations and associated peacekeeping personnel, by all parties, also

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, as well as the transitional Government of national unity, once

formed, to ensure the protection and promotion of human rights and fundamental freedoms;

3. Welcomes the report of the Office of the United Nations High Commissioner

for Human Rights assessment team dated 11 March 2016 and takes note of the

recommendations contained therein;

4. Also welcomes the signing, under the auspices of the Intergovernmental

Authority on Development, of the Agreement on the Resolution of the Conflict in the

Republic of South Sudan;

5. Further welcomes the establishment of the Joint Monitoring and Evaluation

Commission and the appointment of the former President of Botswana, Festus Mogae, as

its Chair;

6. Recognizes the important role of the Joint Monitoring and Evaluation

Commission in monitoring and overseeing implementation of the Agreement and its

ceasefire provisions, and urges all parties and international partners to constructively

engage with the Commission and other bodies created by the Agreement;

7. Welcomes the African Union Peace and Security Council communiqué of 26

September 2015, which, inter alia, reaffirmed the commitment of the African Union to

combating impunity and reiterated its condemnation of the violence and abuses committed

by armed actors in South Sudan;

8. Calls upon all local, regional and international partners to collaborate with

and support the processes aimed at achieving the implementation of a sustainable peace;

9. Urges the speedy formation of an inclusive transitional Government of

national unity to ensure full implementation of the Agreement, and stresses that perpetrators

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

including any that amount to war crimes or crimes against humanity, should be held

accountable;

10. Recognizes the important contribution of the Joint Monitoring and Evaluation

Commission in working with the parties towards the establishment of a transitional

Government of national unity and urges continued support from all relevant domestic and

international stakeholders for their efforts;

11. Calls upon the Government of South Sudan, as well as the transitional

Government of national unity, once formed, to investigate all human rights violations and

abuses and violations of international humanitarian law, and to hold those responsible to

account, while affording fair trial protections to the accused and supporting victims and

protecting potential witnesses, before, during and after legal proceedings;

12. Urges the Government of South Sudan, as well as the transitional

Government of national unity, once formed, to take steps immediately to protect the rights

to freedom of expression, peaceful assembly and association in accordance with its

international human rights obligations and to, among other things, ensure that members of

civil society organizations and the media can operate freely and without intimidation;

13. Strongly urges all parties to end and prevent human rights violations and

abuses committed against children, and calls upon all parties to end immediately the

unlawful recruitment of children and to release all children that have been unlawfully

recruited to date;

14. 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) of 31 October 2000 and subsequent resolutions on

women, peace and security, including Council resolution 2242 (2015) of 13 October 2015;

15. Supports the establishment of transitional justice institutions, including an

independent hybrid court and a commission for truth, reconciliation and healing, consistent

with the Agreement, and in this regard calls for the establishment of these bodies without

delay and calls upon all parties to fully cooperate with them;

16. Expresses serious concern about the lack of progress made by the

Government of South Sudan in improving the promotion and protection of human rights,

especially in the areas outlined in paragraphs 14 and 15 of Human Rights Council

resolution 29/13;

17. Calls upon the Government of South Sudan to cooperate fully and

constructively with the Office of the United Nations High Commissioner for Human Rights

and the United Nations Mission in South Sudan, as well as regional, subregional, and

international mechanisms on the ground;

18. Decides to establish a Commission on Human Rights in South Sudan,

composed of three members, for a period of one year, renewable as authorized by the

Human Rights Council, with the following mandate:

(a) To monitor and report on the situation of human rights in South Sudan and

make recommendations for its improvement;

(b) To assess past reports on the situation of human rights since December

2013 in order to establish a factual basis for transitional justice and reconciliation;

(c) To provide guidance on transitional justice, accountability, reconciliation and

healing, as appropriate, and — once the transitional Government of national unity is fully

formed, operational and commits to ending the violence against the civilian population and

to cooperating with the hybrid court for South Sudan — to make recommendations on

technical assistance to the transitional Government of national unity to support transitional

justice, accountability, reconciliation and healing;

(d) To engage with other international and regional mechanisms, including the

United Nations, the United Nations Mission in South Sudan, the African Union and its

African Commission on Human and Peoples’ Rights, the Joint Monitoring and Evaluation

Commission Chair and civil society, with a view to providing support to national, regional

and international efforts to promote accountability for human rights violations and abuses;

19. Requests the immediate operationalization of the mandate and the

appointment of the Commission on Human Rights in South Sudan by the President of the

Human Rights Council as soon as possible and no later than by the conclusion of the thirty-

second session of the Council;

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

Rights to provide the full administrative, technical and logistical support needed to enable

the Commission on Human Rights in South Sudan to carry out its mandate;

21. Acknowledges that the Government of South Sudan has committed to

cooperating with the Commission on Human Rights in South Sudan in the fulfilment of its

mandate, including by authorizing travel to and within the country and providing all the

meetings and information relevant and requested to support the fulfilment of the mandate;

22 Requests that representatives of the Office of the United Nations High

Commissioner for Human Rights, the African Union, the Joint Monitoring and Evaluation

Commission, the African Commission on Human and People’s Rights and other

stakeholders, as appropriate, be invited to discuss the human rights situation in South Sudan

and steps taken by the Government to ensure accountability for human rights violations and

abuses in an enhanced interactive dialogue at the thirty-second session of the Human Rights

Council;

23. Requests the Commission on Human Rights in South Sudan to present a

comprehensive written report, in an interactive dialogue, to the Human Rights Council at its

thirty-fourth session;

24. Requests that the reports of the Commission on Human Rights in South

Sudan be submitted to the Human Rights Council and then shared with the General

Assembly and the African Union;

25. Decides to remain seized of the matter.

63rd meeting

23 March 2016

[Adopted without a vote.]