The 52nd Session of the Human Rights Council
27 February – 4 April 2022
Agenda item 10 – Technical assistance and capacity building
31 March 2023
By Bethany Morley / GICJ
Executive Summary
On the 31st of March 2023, at the 52nd Session of the Human Rights Council, an interactive dialogue took place on the report of the High Commissioner into the human rights situation in South Sudan, submitted in accordance with res. 49/35 of the Council. The discussions of the Council coalesced around high levels of violence, shrinking civic spaces and a severe lack of political will in addressing capacity building and technical assistance..
Mr. Christian Salazar, Director for Field Operations and Technical Cooperation (OHCHR), introduced the report, noting the report focused on violations that still persist in South Sudan, such as; the country still continuing to suffer high levels of violence committed by community based militias, and/or civil defence groups, conventional parties to the conflict; the exclusion of members of civil society organisations and ordinary citizens from governance processes, necessitating promotion and protection of the civic space in South Sudan; an increase in reports of conflict related sexual violence being committed in the country, in 2022 there was a 96% increase compared to the number of victims in 2021; the need for the country to create a functioning justice system and reinforce a victim centered transitional justice process.
Geneva International Centre for Justice (GICJ) commends the High Commissioner for his report. Further, we acknowledge South Sudan’s advancements since the last report in 2022 to the Human Rights Council. However, we are extremely concerned with reports of an increase in conflict related sexual violence in the past year and the fragility of the human rights situation in the country. We condemn all forms of violence and attacks towards civilians, journalists and human rights defenders.
Further, we reinforce the need to strengthen the institutional capacity of the state to uphold the rule of law in order to hold parties who commit such violence accountable. Commend the report presented by the High Commissioner, and urge the international community to support South Sudan in creating a functioning justice system and move forward with peace and transitional justice.
Background
The Human Rights Council considered the report of the High Commissioner on technical assistance and capacity building for South Sudan (A/HRC/52/82). The Human Rights Council established the Commission on Human Rights in South Sudan in 2016, for an initial one-year term, (A/HRC/RES/31/20) with a mandate to present an annual report followed by an interactive discussion by states. The mandate has been extended annually since 2016.
The current report is submitted in accordance with Human Rights Council resolution 49/35, in which the Council requested that the Office of the United Nations High Commissioner for Human Rights prepare a comprehensive written report regarding technical assistance and capacity-building in South Sudan. The report covers the period from January to December 2022.
The Commission's mandate is to determine and report the facts and circumstances of, collect and preserve evidence of, and clarify responsibility for alleged gross violations and abuses of human rights and related crimes, including sexual and gender-based violence and ethnic violence, with a view to ending impunity and provide accountability.
Interactive Dialogue
First, Director for Field Operations and Technical Cooperation (OHCHR), Mr. Christian Salazar noted that the report contained in A/HRC/52/82 describes the technical assistance and capacity building provided to South Sudan by OHCHR through the Human Rights Unit at the United Nations Mission in South Sudan (UNMISS). He welcomed the director of the UNMISS team, Mr. Musa Gassama, and thanked all the team for their work.
Mr. Salazar outlined that the report contains recommendations for the government and other stakeholders to strengthen the promotion and protection of human rights
in the country, despite an overall decrease in violence of 27% in 2022 compared to 2021. However, the country still continues to suffer high levels of violence. UNMISS reported at least 3,469 civilians subjected to killings, injuries, abductions and conflict-related violence between January and December 2022. These were committed by community-based militias, and/or civil defence groups, conventional parties to the conflict and other armed elements that bare a link to the conflict based on differing factors.
Further, Mr. Salazar reported that the legitimate exercise of the rights to freedom of opinion and expression, as well as effective civic participation in public life remains a challenge in South Sudan. Incidents have been documented of journalists, activists and individuals who express critical views of the government being injured, abducted and arbitrarily deprived of liberty.
Conflict related sexual violence continues to be committed in various locations in the country. In 2022, the Human Rights Division of UNMISS documented 30 victims of conflict related sexual violence, a 96% increase compared to the number of victims in 2021. To prevent and effectively respond to conflict-related sexual violence, the Womens Protection Advisory Unit of UNMISS conducted visits to military training facilities to convey messages of zero tolerance towards conflict related sexual violence.
Finally, Mr. Salazar stressed the need for consistent and continuous progress to meet the benchmarks in the roadmap of the peace agreement. He emphasised the critical need for the establishment of the hybrid court for South Sudan. Noting that though we should treasure what has been achieved thus far in the country, there is far more to be done.
Interactive Dialogue
In the ensuing discussion, speakers and delegates opened a critical line of questioning regarding the fragility of the human rights situation in South Sudan.
The representative of China noted that 2023 is a crucial year for South Sudan promoting political transition. He encouraged all parties to keep up with their political investment and act with a greater sense of urgency to meet the benchmarks set out in the agreement and roadmap in full preparation for the political transition. The representative emphasised that the international community should remain patient and give their full support to help the country overcome difficulties in implementing the agreement.
Further, he noted that China has always called for constructive dialogue and cooperation in the field of human rights, where they oppose politicisation and tactics to pressure people in this field. He commended South Sudan for ratifying four international instruments, including the Convention on the Rights of Persons with Disabilities (CRPD), The International Covenant on Economic, Social and Cultural Rights (ICESCR), and the country's attention to civil rights. The representative reiterated the need for the International Community to respect the sovereignty, independence and territorial integrity of South Sudan,
The delegate of the United States of America welcomed OHCHR’s continual reporting on the
Human Rights situation in South Sudan. However, she noted the United States of America’s concern over reports of widespread conflict related abuses, including sexual violence, and restricted civic space. The delegate called on South Sudan to increase meaningful efforts to tackle impunity and ensure accountability for such conflict related abuses.
She outlined how transitional justice efforts in South Sudan have been supported by the United States of America and other countries for years, including providing millions of dollars to assist survivors and train judges and lawyers to investigate atrocities. However, four years after these mechanisms were agreed to, the transitional justice mechanisms are yet to be created. This shows that while technical assistance is useful, it needs political will to succeed.
The delegate asked the panellists, how can we create conditions for the protection of fundamental freedoms which are a prerequisite to an open and inclusive process for drafting a constitution and the eventual conduct of free and fair elections?
The representative of the United Kingdom reiterated the dire human rights, humanitarian and security situation in South Sudan. He expressed how the state is in desperate need of technical assistance and capacity building to help improve its human rights situation and to build a sustainable peace.
The delegate of Senegal endorsed the statement made by Côte d'Ivoire, on behalf of the
African group and thanked the High Commissioner for the report on South Sudan. The representative noted that the civilian population in South Sudan continue to suffer abuses due to conflict and attacks perpetrated by armed groups and community militias, which seriously compromises protection for their rights and leads to violations of their rights. He emphasised the need for the international community to provide further assistance and effective solidarity due to the deterioration in the humanitarian situation. The Senegalese delegation is of the view that the cooperation with HRC and its mechanisms will allow for progress to be built upon within the legal and institutional framework of the protection of Human Rights.
He agreed with the recommendation to take additional measures to guarantee the protection of human rights and to protect civilians against attacks. The representative called on the international community to support South Sudan in its effort to settle the crisis.
The South Sudanese delegation replied to the questions and concerns raised throughout the dialogue. It was noted that to address some of the identified needs, the Human Rights Division provided capacity-building support, including training sessions and workshops on human rights and transitional justice
Further, regarding efforts to strengthen the rule of law and accountability institutions in South Sudan and address the lack of functional judicial systems in some States, there has been deployment of mobile courts, joint special mobile courts and court martials in different locations are supported and advocated for. The deployment of which has enabled justice to be administered to some victims of human rights violations and abuses.
NGOs and National Human Rights Institutions
Some NGOs noted that 95 NGOs called for the renewal of the mandate of the Commission of Human Rights in South Sudan, highlighting how any technical assistance requested by South Sudan is already offered by the resolution in the mandate. He noted that political tensions are rising, indicating a risk of relapse into full scale conflict, with civic spaces under extreme pressure.
Other NGOS recognised the important role that technical assistance can play. However, they noted it can only be effective if matched by political will. When it comes to accountability for crimes under international law, the government of South Sudan has shown a severe lack of such political will. The government must amend the penal code to include provisions on torture and forced disappearance. He noted that until such measures are taken the Human Rights Council must continue to scrutinise the country,
Concluding remarks
The representative of South Sudan, Mr Garsiano Waja, noted that the report of the High Commissioner focuses on the challenges the country faces. He reiterated their commitment to the implementation of the revitalised peace agreement and the road map of August 2022, which political parties endorsed.
South Sudan rejected proposals to extend the mandate of the Commission on Human Rights in South Sudan, claiming that the country has shown its willingness to address its needs through the more collaborative means of technical assistance and capacity building. He called on the Council to listen to the request and voices of South Sudan by supporting their position.
Mr. Salazar, following the example of South Sudan, gave the floor to Mr. Musa Gassama, Head of the Human Rights Unit at the United Nations Mission in South Sudan (UNMISS), to answer questions presented by the delegations. Mr. Gassama thanked the delegations for their interventions. He noted that from his perspective, he believes the first element is to advocate for greater political will, which is key in addressing capacity building and technical assistance. Further, there is a need to make space for non-state actors to participate in public discussions. As South Sudan approaches elections in 2023, it is vital to ensure these steps are taken.
Mr. Gassama noted that the country will continue to stress the importance of accountability, as it is important in bringing peace to South Sudan. Often perpetrators believe that nothing will happen to them. Therefore, there is a sense of impunity. However, the country will continue to mobilise national and regional responses to accountability concerns to hold these perpetrators accountable.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) commends the High Commissioner for his report. Further, we acknowledge the advancements South Sudan has made since the last report. However, we are extremely concerned with reports of an increase in conflict related sexual violence in the past year and the fragility of the human rights situation in the country. We condemn all forms of violence and attacks towards civilians, journalists and human rights defenders, an increase in violence can be prevented by holding parties committing such violence accountable. However, there is a worrying absence of transitional justice mechanisms in South Sudan.
Therefore, we reinforce the need to strengthen the institutional capacity of the state to uphold the rule of law in order to hold parties who commit such violence accountable. We align ourselves with the report presented by the High Commissioner, and urge the international community to support South Sudan to create a functioning justice system and move forward with peace and transitional justice Further, we acknowledge critical need for the establishment of the hybrid court for South Sudan
The human rights violations and abuses currently being committed in the country cannot be tackled without technical assistance and capacity building being at the forefront of the priorities of the United Nations, its mechanisms and the international community.
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