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South Sudan- Letter to President Salva Kiir Mayardit to Commit to Improve Rights Ahead of Election for International Body

H.E. President Salva Kiir Mayardit
President of the Republic of South Sudan

Commander in Chief of the Sudan People's Liberation Army (SPLA)

 

Dear President Kiir,

We, the undersigned, are a diverse group of nongovernmental organizations (NGOs) from around the world. With elections to the United Nations Human Rights Council quickly approaching, and with South Sudan standing as a candidate, we are writing to urge your government to demonstrate its commitment to the protection and promotion of human rights.

 

UN General Assembly Resolution 60/251, which established the Human Rights Council, states that members of the Council “shall uphold the highest standards in the promotion and protection of human rights” and “fully cooperate with the Council”.  Earlier this week, more than 40 civil society groups wrote to you and all other UN member states emphasizing the importance of this commitment, and their expectations for states seeking elections to the Council. We believe it is essential that South Sudan and other candidate states adhere to these criteria. Thus we would like to draw your attention to some key areas where we believe swift and urgent reform could improve human rights conditions in South Sudan.

Hold Abusive Security Forces to Account

In 2013, Soldiers from South Sudan’s army, the Sudan People’s Liberation Army (SPLA), and officers from the Auxiliary Police Force unlawfully killed over 95 people from the Murle ethnic group and Murle members of the security forces during an armed conflict in Pibor County, Jonglei state. These killings are serious violations of international human rights and humanitarian law and the government of South Sudan has an obligation to hold those responsible to account.

While some welcome steps towards accountability have been taken by the SPLA for those abuses, including the arrest and prosecution of two soldiers for killing two women in Pibor town and the arrest of the commander for this area, we believe that the government has not done enough to ensure justice for victims. We understand that the SPLA is conducting some other investigations, but we are concerned these do not address the majority of documented crimes against civilians and urge the government to investigate all incidents, including for example killings of civilians by soldiers in the Lotho village on December 4, 2013, in Pibor town on January 27, 2013 or in Manyabol town on May 26, 2013.

The government should also deploy judge advocates and military police to all locations where SPLA is stationed in order to investigate and deter further abuses and deploy civilian prosecutors and judges to try cases of abuses against civilians, as required under South Sudanese law. In addition, although the SPLA have arrested and are investigating one commander, James Utong, it should transfer all other soldiers and commanders alleged to have committed abuses out of Pibor county.

We are also concerned that there has been an insufficient response to the abuses committed by security forces in Wau, Western Bahr el Ghazal state. On December 9, 2012, security forces shot into a peaceful protest, killing eight men. The government has yet to carry out a full and transparent investigation into the excessive use of force during this incident.  This should be urgently rectified. The lack of justice for these events contributes to underlying inter-ethnic tensions in the area and also represents a failure to address a serious violation of freedom of association and expression.

Protect Human Rights Defenders and Stop Harassment and Arrests of Journalists

Human rights defenders, whether individuals, civil society organizations, lawyers, or journalists have a crucial role in South Sudan’s development. Human Rights Defender’s reporting on government and army human rights violations have been subject to intimidation, threats, and institutional barriers to their work.  A number have since fled into exile. There has been no progress by the authorities in identifying the killers of a prominent commentator and journalist, Isaiah Abraham, who was shot by gunmen on December 5, 2012.

Across South Sudan, National Security Service (NSS) officers and other security forces have unlawfully harassed, arrested and temporarily detained journalists, leading to self-censorship and a chilling effect in the media, and violating the right to freedom of expression enshrined in the Transitional Constitution of South Sudan. Several editors were summoned to the National Security Service office in Juba in late 2012 and in 2013 to explain articles that appeared in their newspapers. In January 2013, in Juba, three NSS members arrested a journalist at gunpoint and held him overnight in an NSS detention center. As the National Security Service has no legal mandate in South Sudan at this time authorities should ensure that all its activities cease.  Your leadership has expressed its commitment to democratization and human rights on numerous occasions in the past. Ensuring a free and open media, as a cornerstone of democracy, would demonstrate a genuine commitment to the protection and promotion of human rights in South Sudan.

We encourage the government to promote an enabling environment for South Sudanese journalists and human rights defenders to meaningfully engage in national dialogue and with regional and international human rights mechanisms without fear of reprisals.

Investigate Inter-communal Violence in Jonglei State

An ongoing lack of accountability for inter-communal crimes and the failure by South Sudan’s security forces to provide adequate protection of civilians has contributed to the ongoing cycle of violence in Jonglei state and elsewhere in South Sudan. Most recently, in October almost 80 people were killed in Twic East county of the state according to authorities from the area. We recognize that the roots of this violence lie in South Sudan’s unique history of conflict and that the justice and security infrastructure required to confront this problem are still in development. However, the government has an obligation under international law to bring perpetrators of serious human rights violations to justice. The government of South Sudan should arrest and prosecute those most responsible for the violence and consider establishing a thorough, Jonglei-wide investigation into the cycle of violence, and invite independent experts from the UN and/or AU to participate and contribute to recommendations to your government.

Fully fund the South Sudan Human Rights Commission

South Sudan’s Human Rights Commission is mandated to investigate human rights abuses in South Sudan, report violations and make recommendations to South Sudan’s Legislative Assembly. However a lack of funds has severely reduced the capacity of the commission, contributing to a paucity of information about human rights violations in South Sudan within the government. The commission received only half of funding promised from the government this financial year, and has been forced to recall almost all its state-based staff to Juba. Its work has also been hampered by a lack of transport. We request that the government prioritize providing the funding and support necessary to make the commission effective in conformity with the Paris Principles of 1993.

Ensure Key International Human Rights Instruments are Ratified by South Sudan and Pass Domestic Media Laws

The South Sudan Legislative Assembly recently ratified two key regional conventions that protect human rights, the African Charter on Human and Peoples’ Rights and the AU Convention Governing Specific Aspects of Refugee Problems in Africa. We welcome these important steps. In the month remaining in the current legislative session, the South Sudan Legislative Assembly should prioritize the passage of five further instruments, the International Covenant on Civil and Political Rights, Convention to Eliminate All Forms of Discrimination Against Women (CEDAW), the Convention Against Torture and the Convention for the Elimination of Racial Discrimination.

Three media bills, including the Access to Information Bill languished for years before being passed earlier this year by the South Sudan Legislative Assembly. We understand that these bills have now been returned to the assembly by your office for revision. These bills should be prioritized, so that they can adopted and signed into law in a form that meets international best standards for such legislation.

In addition, we urge your office to swear in members of the Political Parties Council. Under the South Sudan Political Parties Act of 2012, all political parties are to be re-registered or registered for the first time by a new Political Parties Council before beginning political work or other activities at the national or state level. Political parties have been unable to register because the council has not yet been operationalized.

Commit to ending Child and Forced Marriage

Reform of South Sudan’s laws on marriage, separation, divorce and related matters is still needed. Almost half of South Sudanese girls between 15 and 19 are married, some as young as 12. South Sudan has no legislation that clearly sets 18 as the minimum age of marriage. The lack of a national plan of action that sets out comprehensive strategies to address child marriage has undermined efforts to curb the practice. We urge you to publicly call for: the inclusion in the constitution of 18 as the minimum age for marriage, the comprehensive reform of South Sudan’s laws on marriage, separation, divorce, and related matters, and a national action plan to end child marriage.

Stop Confirming Death Sentences and Put in Place an Official Moratorium on Capital Punishment

Sentencing people to death who have not had access to proper legal assistance violates international fair trial standards. Nonetheless, the vast majority of people who are sentenced to death and executed in South Sudan do not have access to legal counsel. On December 20, 2012, the Government of Southern Sudan voted in favor of the fourth UN General Assembly Resolution on a moratorium on executions with a view towards abolishing the death penalty. This was a welcome step forward and the Government of South Sudan should be commended for having the courage to take this position. We now urge you to take the next step and put in place an official moratorium on capital punishment.

Cooperate with the Human Rights Council

UN General Assembly Resolution 60/251 calls for all members of the Human Rights Council to fully cooperate with the Council, including with its special procedures. In this regard, we call on the South Sudanese government to fully cooperate by issuing without delay a standing invitation to all UN special procedures mandate-holders and facilitate visits by the special rapporteurs on enforced disappearances (requested in 2011) and on discrimination against women in law and in practice.

The Human Rights Council election provides an important moment for South Sudan to demonstrate an enhanced commitment to addressing human rights concerns. We appreciate your prompt consideration of those concerns mentioned in this letter.

 

 Sincerely,

 

African Centre for Justice and Peace Studies

Agency for Independent Media

Amnesty International

Cairo Institute for Human rights Studies

Community Empowerment for Progress Organisation

East and Horn of Africa Human Rights Defenders Project

Egyptian Initiative on Personal Rights

Human Rights Watch

Institute for the Promotion of Civil Society

International Service for Human Rights

Justice Africa

South Sudan Human Rights Society for Advocacy

South Sudan Law Society

South Sudan Women Lawyers Association

The Strategic Initiative for Women in the Horn of Africa

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