February 12, 2009

III. Recommendations

To the Government of National Unity

  • Transparently develop and enact legal reforms as required under the Comprehensive Peace Agreement (CPA) including revisions to the National Security Act and the Press and Publications Act, and the establishment of a National Human Rights Commission.
  • Provide support in accordance with obligations under the CPA to train and equip Joint Integrated Units (JIUs) and Joint Integrated Police Units (JIPUs) (deployed in Abyei) and ensure they protect and implement human rights and are held accountable for human rights violations.

To the Government of Southern Sudan

  • Hold soldiers accountable for all crimes against civilians including human rights violations committed in the course of duty. The Sudan People's Liberation Army (SPLA) should issue clear instructions to commanders that soldiers will be prosecuted for any crimes they commit against civilians, including illegally (or arbitrarily) arresting and detaining civilians. It should promulgate an enforceable code of conduct and ensure the code is disseminated to all soldiers.
  • Hold police accountable for human rights violations. The Southern Sudan Police Service should establish transparent accountability mechanisms, accessible to civilians, and ensure police are prosecuted for crimes they commit including illegal (or arbitrary) arrests and detentions. The GoSS should enact the Police Act and promulgate an enforceable code of conduct.
  • The Ministry of Legal Affairs and Constitutional Development should proactively supervise criminal investigations and ensure all detentions are legal. The Judiciary of Southern Sudan should, on its own accord, review all detentions at regular intervals to determine the legality and necessity of detention, and order release of detainees if none exists.
  • The judiciary, the Ministry of Legal Affairs and Constitutional Development, or any other legally mandated body such the Southern Sudan Human Rights Commission should regularly inspect all places of detention including police stations, military installations, and jails operated by traditional authorities.
  • Strengthen the police force with equipment and training in their appropriate roles and responsibilities, particularly within the criminal justice system. To the extent possible, increase their deployment numbers throughout Southern Sudan.
  • Ensure soldiers who are deployed to perform policing functions are trained in human rights and basic elements of policing.
  • Ensure that government committees investigating human rights violations produce reports that are transparently shared within legislative organs and published for communities.
  • Ensure the Southern Sudan Human Rights Commission, Anti-Corruption Commission, and Land Commissions are enabled with appropriate legislation and made effective and operational in all States.

To the United Nations and International Donors

  • Urge both parties to the CPA, the Sudan People's Liberation Movement and the Government of Sudan, to provide support to the Joint Integrated Units and Joint Integrated Police Units (deployed in Abyei) and ensure they uphold human rights and are held accountable for human rights violations.
  • Assess the need for increased support to the rule of law sector in Southern Sudan including more support for training police and soldiers in their roles and responsibilities, and projects that improve prison conditions, particularly for vulnerable groups.
  • The UNMIS should strengthen its civilian protection role and revise internal military directives accordingly. It should increase its monitoring of volatile areas in Southern Sudan especially in the three transitional areas governed by separate protocols to the CPA (Abyei, Southern Kordofan, and Blue Nile).
  • The Office of the High Commissioner for Human Rights and United Nations Mission in Sudan (UNMIS) should deploy more human rights officers across Southern Sudan, especially in disputed border areas and areas prone to frequent communal conflict, and provide regular public reporting on human rights violations.
  • Urge the Government of National Unity (GNU) to engage in a transparent legal reform process prioritizing reforms to the National Security Act and Press and Publications Act and establishing a National Human Rights Commission.
  • Provide technical support to the National Human Rights Commission when it is formed and to the Southern Sudan Human Rights, Anti-Corruption, and Land Commissions and assist them to become effective and operational in all ten states