AFTERNOON - Human Rights Council Discusses the Situation of Children in the Central African Republic and Strengthening Institutional Capacities in South Sudan
The Human Rights Council this afternoon held a high-level interactive dialogue to assess developments in the situation of human rights on the ground in the Central African Republic, followed by an interactive dialogue on the High Commissioner’s report on South Sudan.
Volker Türk, United Nations High Commissioner for Human Rights, said the people of the Central African Republic endured a daily reality of unpredictable outbreaks of violence. Every day, the civilian population was abused by armed groups, defence and security forces, and private military and security personnel. More than half a million children between the ages of 3 and 17 were out of school or at risk of dropping out of school due to a severe lack of qualified teachers and inadequate school facilities. Last year, the Human Rights Division identified 647 child victims of child rights violations, the majority of whom related to the use of children in armed conflict, violations of their physical integrity and freedom, arbitrary detention, and conflict-related sexual violence. Mr. Türk called on the Government to urgently adopt practical measures to prevent these grave violations, to provide comprehensive care for victims, and to implement the Child Protection Code. Widespread impunity remained one of the biggest challenges facing the country.
Arnaud Djoubaye Abazene, Minister of State in Charge of Justice, Human Rights and Good Governance of the Central African Republic, said the Government of the Central African Republic was resolved to ensure the promotion and protection of children’s rights, and fighting against their recruitment by armed groups, getting them out, and reintegrating them. The Government would prosecute and punish those guilty of crimes against children and other violations of child rights. Any allegations made would be investigated. The Government had taken legal, operational, practical and institutional steps in this regard, including adopting a Code of Protection for Children. At the highest level in the country, attention was being paid to all children’s issues.
Virginia Gamba de Potgieter, Special Representative of the Secretary-General of the United Nations for Children and Armed Conflict, said while there was a decrease in the number of verified grave violations against children in the Central African Republic in 2022 compared to 2021, boys and girls continued to be affected by the conflict and being exposed to conflict-related violence and grave violations. The recruitment and use of children remained the most prevalent violation verified in 2022. Steps were being made by the Government, including the adoption of a national plan against trafficking of children in April last year, with a focus on preventing the use of children by the armed forces of the Central African Republic. The international community needed to prioritise political, technical and financial support for long-term reintegration for boys and girls as they continued to be released or escaped from armed groups.
Mohamed Ag Ayoya, Deputy Special Representative of the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic and Resident Coordinator for the Central African Republic, said the situation was more worrying than ever. There were rapes, murders, maiming, enlistment and use of children. There was no way to roll out action plans aimed to prevent violence. Rape was often tried as a minor, trivialised crime, stopping peace and security efforts. Justice and accountability were vital for an environment in which children were protected: it was high time for all to lay down their weapons, for the sake of all in the country.
Yao Agetse, Independent Expert on the situation of human rights in the Central African Republic, said 10 years ago, the Constitutional order in the Central African Republic was broken and violence had erupted across the country. Efforts were being made to strengthen the State, however, more than 2 million people still required humanitarian assistance. Ten years down the road, there were still armed groups in the country and attacks on civilian people, as well as the country’s infrastructure. The situation of children was very alarming. Children’s lives were getting worse; they were victims of sexual abuse, violence and malnutrition. These children were living in great distress and if their cries were not heard, the development of the Central African Republic would be compromised.
Karoonawtee Chooramun, Member of the African Committee of Experts on the Rights and Welfare of the Child and Rapporteur for the Central African Republic, said the situation remained of great concern, with children being deprived of their fundamental human rights to life, education and health. The consequences of the conflict were staggering, with schools destroyed, leaving millions of children without access to education, and had impacted their access to health, with a shortage of health supplies and access to medical services. The Central African Republic must engage with the African Committee of Experts on the Rights of the Child, participate in the reporting process, and submit its initial report, which would allow it to receive support and guidance from the Committee to strengthen its efforts to protect and promote the rights of children.
Joachim Dehaba, Project Coordinator for the non-governmental organization Espérance, said for several decades, there had been a series of crises draining family and State institutions in the Central African Republic, which had created unfavourable conditions for the protection of children. Children in the Central African Republic continued to be recruited and used, abducted, raped and forced into early marriages, maimed and killed, and separated from their biological parents. Since 2016, Espérance had been working to reach vulnerable children affected by armed conflict, based on supporting the identification, economic reintegration and reunification of self-demobilised, separated and unaccompanied children with their families.
In the ensuing discussion, speakers said the situation in the Central African Republic remained fragile, with children in the front lines. A significant number of the abuses could be blamed on the Wagner mercenaries, and their strategy of preying on the country was condemned: their presence was an obstacle to sustainable peace. Commitment of regional partners was vital: peace was only possible with a stable political climate. Peace and security were seriously threatened by non-State groups: to put an end to this, the disarmament process needed to be stepped up, as should the fight against impunity. Progress had been made, especially in protecting and promoting human rights, including child rights, thanks to a number of measures adopted on child protection, which set out clear targets, including on protecting girls, and on forced and early marriages. Durable peace required a commitment to good governance, respect for human rights, and accountability. The Central African Republic was at a critical period between peace keeping and peace building. All parties should aid it to achieve sustainable development.
Speaking in the discussion were European Union, Norway on behalf of a group of countries, Côte d'Ivoire on behalf of a group of African States, Portugal, United States, China, France, United Nations Children's Fund, Belgium, Morocco, Venezuela, Egypt, Togo, United Kingdom, Sudan, Angola, Senegal, Botswana, Benin, Russian Federation, and Chad.
Also speaking were Centre du Commerce International pour le Développement, Christian Solidarity Worldwide, Rencontre Africaine pour la defense des droits de l'homme, and Human Rights Research League.
The Council then held an interactive dialogue on the High Commissioner’s report on South Sudan.
Christian Salazar, Director for Field Operations and Technical Cooperation of the Office of the High Commissioner for Human Rights, said the report outlined the technical assistance and capacity building provided to South Sudan. The report contained recommendations for the Government and other stakeholders aimed at strengthening the promotion and protection of human rights in the country. Against this background, the capacity building and technical support provided were geared towards strengthening institutional capacities of the State to uphold the rule of law and advance accountability. The Human Rights Division of the United Nations Mission in South Sudan provided technical assistance through sensitisation, trainings, and workshops, in addition to engaging various stakeholders. To advance accountability in South Sudan, the United Nations Mission in South Sudan was providing technical and logistical support to the Government to establish and deploy mobile courts in areas with no or weak formal justice systems.
Ruben Madol Arol Kachuol, Minister of Justice and Constitutional Affairs of South Sudan, said the
Government was concerned about the inaccuracies and contradictions in the report of the Human Rights Division of the United Nations Mission in South Sudan. The report had exaggerated the number of trainings and workshops which could not be verified by the Government institutions claimed to have benefited from the workshops. To have a meaningful impact on technical assistance and capacity building for South Sudan, the Government was requesting tailored trainings and not workshops. Therefore, the Government rejected the extension of the mandate of the Commission on Human Rights in South Sudan under agenda item two, but would continue to engage with the international community. South Sudan appealed to the Council to renew the resolution under agenda item 10 on technical assistance and capacity building, and to request the Office of the United Nations High Commissioner for Human Rights to enhance the implementation of the resolution.
In the ensuing discussion, speakers said the report outlined once again the ongoing violence and the gross human rights violations, including sexual and gender-based violence, arbitrary detentions and extra-judicial killings, most notably of journalists. The suffering of the population in South Sudan continued and remained immense. The political leaders of the country should work together in the spirit and letter of the Peace Agreement and assume responsibility to end the persisting violence and the horrendous human rights violations and abuses. The country was at a decisive moment in the extended transitional period and needed to accelerate progress in implementing the roadmap towards a full and peaceful end of the transitional period and free and fair elections. The international community should ensure technical support to South Sudan which would allow it to investigate the human rights violations in the country. Transitional justice efforts must be continued: the failure to create transitional justice mechanisms more than four years after they were agreed to showed that while technical assistance was useful, it required political engagement in order to succeed.
Speaking in the discussion were European Union, Côte d'Ivoire on behalf of a group of African States, Sierra Leone, United States, China, France, Venezuela, Egypt, Netherlands, Democratic People's Republic of Korea, United Kingdom, Sudan, Uganda, Mauritania, Botswana, Sri Lanka, Kenya, Russian Federation, Romania, and Senegal.
Also speaking were East and Horn of Africa Human Rights Defenders Project,Centre Independent de Recherches et d'Iniatives pour le Dialogue, Rencontre Africaine pour la defense des droits de l'homme, Interfaith International, Human Rights Watch, Advocates for Human Rights, Human Rights Research League, and Amnesty International.
The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-second regular session can be found here.
The Council will next meet on Monday, 3 March, at 9 a.m., when it will hold an interactive dialogue with the Independent Fact-Finding Mission on Libya. It will then hear the presentation of the report of the Board of Trustees of the Voluntary Fund Technical Cooperation and of the High Commissioner’s annual presentation on technical cooperation, followed by the general debate under agenda item 10.
High-Level Interactive Dialogue to Assess Developments in the Situation of Human Rights on the Ground in the Central African Republic
Presenters
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said the people of the Central African Republic endured a daily reality of unpredictable outbreaks of violence. Every day, the civilian population was abused by armed groups, defence and security forces, and private military and security personnel. In each quarter of 2022, the number of casualties documented by the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic’s Human Rights Division was significantly higher than the previous one – it more than doubled from 564 in the first quarter to 1,300 in the last. According to evidence before the Office, defence and security forces and their allies committed 58 per cent of violations in the last quarter of 2022, including unlawful arrest and detention, ill-treatment and torture, mutilation and killing. They specifically targeted Peuhl and Muslim communities, accused or suspected of being complicit with armed groups.
During the same period, it was estimated that the armed groups that had signed the peace agreement were responsible for 35 per cent of the documented abuses, including destruction and appropriation of property, killing and other violations of the right to life, abduction, detention, ill-treatment and maiming. In December 2022, near Bakouma, in Mbomou prefecture, combatants from the Union for Peace in the Central African Republic, part of the Coalition of Patriots for Change, ambushed civilians, shot dead five of them, wounded others and looted all their property.
In the Central African Republic, more than half a million children between the ages of 3 and 17 were out of school or at risk of dropping out of school due to a severe lack of qualified teachers and inadequate school facilities. Last year, the Human Rights Division identified 647 child victims of child rights violations, the majority of which related to the use of children in armed conflict, violations of their physical integrity and freedom, arbitrary detention, and conflict-related sexual violence. Mr. Türk called on the Government to urgently adopt practical measures to prevent these grave violations, to provide comprehensive care for victims, and to implement the Child Protection Code.
Widespread impunity remained one of the biggest challenges facing the country. Progress had been made, including through the investigation of 14 cases by the Special Criminal Court. However, the Bambari Court of Appeal, designed to deal with cases of human rights violations and abuses, had not yet begun its criminal sessions. The majority of courts set up six years ago to try military personnel suspected of human rights violations were still not operational. The establishment and functioning of all criminal and other tribunals, in accordance with international standards, was essential and must be accelerated. The authorities needed to support transitional justice institutions, in particular the Special Criminal Court.
The Government needed to invest heavily in health and education systems. For the millions of internally displaced people, in particular, it was of utmost importance that the Government guaranteed them adequate shelter and food, as well as access to clean water and sanitation. The international community needed to assist and ensure that the people of the Central African Republic had the support and resources needed to rebuild their lives.
ARNAUD DJOUBAYE ABAZENE, Minister of State in Charge of Justice, Human Rights and Good Governance of the Central African Republic, said he would focus particularly on the rights of children in the context of this conflict. The Government was resolved to ensure the promotion and protection of children’s rights, fighting against their recruitment by armed groups, getting them out and reintegrating them. The Government would prosecute and punish those guilty of crimes against children and other violations of child rights. Any allegations made would be investigated. The Government had taken legal, operational, practical and institutional steps in this regard, including adopting a Code of Protection for Children. A strategic committee had been set up to combat gender-based violence and trafficking in persons, among other things.
At the highest level in the country, attention was being paid to all children’s issues. The Government had established a National Council for the Protection and Promotion of Childhood, aiming at building on all the activities of those working on child protection, which was multi-sectoral in nature. With support from international partners working on child protection issues, the Government had crafted a global strategy document: the national policy for child protection, aiming to improve children’s lives, give them chances to develop, strengthening the legal framework, improving access to social services, ensuring protection for vulnerable groups, and others. However, there were still many challenges.
VIRGINIA GAMBA DE POTGIETER, Special Representative of the Secretary-General for Children and Armed Conflict, said while there was a decrease in the number of verified grave violations against children in the Central African Republic in 2022 compared to 2021, boys and girls continued to be affected by the conflict and be exposed to conflict-related violence and grave violations. The recruitment and use of children remained the most prevalent violation verified in 2022. While boys were most affected, girls were also recruited and used by parties to the conflict and most of them were subjected to sexual violence during their association. It was concerning that children were also used by the national armed and security forces and by other security personnel to operate checkpoints and to run errands. Attacks on schools and hospitals taxed the already fragile health infrastructures and educational systems, while children abducted and recruited were denied any chance of obtaining an education.
Steps were being taken by the Government, including the adoption of a national plan against trafficking of children in April last year, with a focus on preventing the use of children by the armed forces of the Central African Republic. The Government also worked with the United Nations towards the development of a national prevention plan on all six grave violations against children. Previously, in June 2020, the national legal framework was strengthened through the promulgation of the Child Protection Code. Three armed groups had signed action plans with the United Nations in 2018 and 2019 to end and prevent grave violations. The reintegration of children affected by conflict back into society contributed to the prevention of violations by creating a pull-factor to attract children out of armed groups. The international community needed to prioritise political, technical and financial support for the long-term reintegration of boys and girls as they continued to be released or escaped from armed groups.
MOHAMED AG AYOYA, Deputy Special Representative of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic and Resident Coordinator for the Central African Republic, said the situation was more worrying than ever. The ongoing conflict drained the Mission’s capacity to protect civilians, including children. There were rapes, murders, maiming, enlistment and use of children. There was no way to roll out action plans aimed at preventing violence. There was still a lot of impunity: accountability following the two reports published by the Office of the High Commissioner for Human Rights on sexual violence and an attack on a Muslim community had led to nothing. Inequality between the sexes was made worse by armed men in communities who forced girls into marriage, in some cases tantamount to slavery. Rape was often tried as a minor, trivialised crime, stopping peace and security efforts. All partners must support the Government to bring an end to inequality and bring justice to the victims of rape.
Dialogue nevertheless continued – the Mission had been in dialogue with the Lord’s Resistance Army to have women and children freed, and the Government was trying to disarm people to make sure that others could return safely. Work was being done to raise awareness of thousands of armed forces, the police and the judiciary. The Mission was working on the national prevention plan and to prevent children from being close to military bases, as well as on plans to get children back to school so that they could resume education. Reintegration efforts must be supported: the international community must make these a priority so that there was long-term protection and lasting reintegration of children into their communities. Justice and accountability were vital for an environment in which children were protected: it was high time for all to lay down their weapons, for the sake of all in the Central African Republic.
YAO AGBETSE, Independent Expert on the situation of human rights in Central African Republic, said 10 years ago the Constitutional order in the Central African Republic was broken and violence had erupted across the country. In seeking to respond to that, the Human Rights Council had created a mandate for an Independent Expert. Ten years later there were more questions than answers. Efforts were being made to strengthen the State, however, more than 2 million people still required humanitarian assistance. The international community had mobilised more than USD 400 million earlier this year to help the Central African Republic. Ceasefires meant there was no longer violence in the country, although armed groups were still present. More than 7,000 people were refugees in neighbouring countries. Many members of the armed forces were being blamed for a high level of human rights abuses, and many cases had been brought to trial. The forces had now changed their behaviour, thanks to the work carried out by the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic. There needed to be an end to all attacks on the Mission.
As a result of the conflict, people in the Central African Republic were now dependent on humanitarian assistance. Ten years down the road there were still armed groups in the country and attacks on civilian people, as well as the country’s infrastructure. The situation of children was very alarming. Despite the Code which had been adopted, there were still problems with forced and early marriage and with trafficking. Children’s lives were getting worse; they were victims of sexual abuse, violence and malnutrition. More needed to be done to combat this. Children recruited in armed groups were living in great distress and if their cries were not heard, the development of the Central African Republic would be compromised.
KAROONAWTEE CHOORAMUN, Member of the African Committee of Experts on the Rights and Welfare of the Child and Rapporteur for the Central African Republic, said the situation remained of great concern, with children being deprived of their fundamental human rights to life, education and health. The African Union had taken critical steps to address this issue. There was an urgent need for increased protection of and response to children involved in armed conflict. The phenomenon of child soldiers, sexual exploitation of girls and other linked phenomenon were serious threats to their health and welfare. The ongoing attacks by armed groups in the Central African Republic had contributed to an alarming human rights situation. There was an urgent need for continued aid and attention. The African Union was committed to continuing to address the issue.
The consequences of conflict were staggering, with schools destroyed, leaving millions of children without access to education, and had impacted their access to health, with a shortage of health supplies and access to medical services. Civil society organizations had launched campaigns, educating communities on their role in establishing the civic status of children. Children were often not included in re-integration programmes, and having a national plan in this regard was urgent, as although there were civil society organizations with programmes, they were insufficient at the national level. The Central African Republic must engage with the African Committee of Experts on the Rights of the Child, participate in the reporting process, and submit its initial report, which would allow it to receive support and guidance from the Committee to strengthen its efforts to promote and protect the rights of children so that they could grow up in a safe and nurturing environment, safe from the effects of conflict.
JOACHIM DEHABA, Project Coordinator for the non-governmental organization Espérance, said for several decades, there had been a series of crises draining family and State institutions in the Central African Republic, which had created unfavourable conditions for the protection of children. Children in the Central African Republic continued to be recruited and used, abducted, raped and forced into early marriages, maimed and killed, and separated from their biological parents. Often, they could not go to school because schools in occupied areas were regularly looted or used by armed forces. They were often left no alternatives but to enlist in armed groups. Once recruited into armed groups, these children were forced to play various roles, including combatants, sex slaves and spies. Once self-demobilised and reintegrated into families, these children suffered from stigma and stereotyping in addition to post-traumatic stress, and were often forced to move away. The majority of enlisted children did not have birth certificates and were not officially recognised by the State.
Since 2016, Espérance had been working to reach vulnerable children affected by armed conflict. The work was based on supporting the identification, economic reintegration and reunification of self-demobilised, separated and unaccompanied children with their families. From 2017 to 2022, 1,140 associated children, including 910 boys and 230 girls, were identified and temporarily cared for in foster families. They received psycho-social support prior to the search for their families and their reunification. However, there were difficulties in resource mobilisation. Only three armed groups had pledged to demobilise and stop recruiting children. Mr. Dehaba called on all parties to the armed conflict to stop the recruitment, use, and other violations against children, recognising that children belonged in schools.
Discussion
Many speakers noted that the situation in the Central African Republic remained fragile, with children in the front lines. A significant number of the abuses could be blamed on the Wagner mercenaries, and their strategy of preying on the country was condemned: their presence was an obstacle to sustainable peace. There could be no peace without justice: renewing the mandate of the Supreme Court was a positive sign. Taking up arms was not a viable solution. The commitment of regional partners was vital: peace was only possible with a stable political climate. Peace and security were seriously threatened by non-State groups: to put an end to this, the disarmament process needed to be stepped up, as should the fight against impunity.
Many speakers remained deeply concerned about the security, humanitarian, and human rights situation in the Central African Republic. The scope and character of the human rights violations and abuses continued to alarm and grieve speakers. The perpetrators were not only the armed groups. The Central African armed forces and their Russian allies were responsible for the majority of the human rights violations. The Government should investigate all incidents and hold perpetrators accountable in order to build peace.
There was concern for the grave violations and abuses committed against children. Increased efforts must be carried out to protect them. Their childhood, education and future were at stake, and thus, the future of the Central African Republic. The Government must take specific measures to give effect to the provisions of the Child Protection Code to prevent and punish the recruitment and use of children in conflict, early marriages, and trafficking in persons.
The will of the Government to collaborate with the Independent Expert was commended. Progress had been made, especially in promoting and protecting human rights, including child rights, thanks to a number of measures adopted on child protection, which set out clear targets, including on protecting girls, and on forced and early marriages. The Government should continue to seek to strengthen the legal framework that existed to protect children from serious human rights violations. The Office of the High Commissioner for Human Rights should continue to provide the Government with all assistance required to build capacity for the protection of children’s rights.
Durable peace required a commitment to good governance, respect for human rights, and accountability. The Central African Republic was at a critical period between peace keeping and peace building. All parties should help it to achieve sustainable development. Some speakers said there should be African solutions to African problems. The international community should support the Government’s efforts to promote human rights, and provide technical assistance. It was vital for the peace process to result in tangible outcomes. Access to justice for victims and accountability were crucial to ensure a stable peace that continued, and there must be equal participation of women in all linked processes.
Among questions raised by speakers were: what priority actions could aid the process of disarmament and stabilisation; a request for an elaboration on the progress on the Government’s implementation of the Child Protection Code; how could the international community work with the authorities to strengthen protection from human rights abuses; and what role did the panel see for regional human rights bodies in protecting children’s rights and the rights of people in the Central African Republic in general?
Concluding Remarks
KAROONAWTEE CHOORAMUN, Member of the African Committee of Experts on the Rights and Welfare of the Child and Rapporteur for the Central African Republic, said there was a need for the Central African Republic to submit its first report to the Committee in order for it to receive guidance. The State needed to come forward with the first report to the Committee, to enable the country to receive assistance and to live in a peaceful environment.
YAO AGBETSE, Independent Expert on the situation of human rights in the Central African Republic, said there needed to be a continued support of the peace process. There needed to be a viable pan-republic dialogue. Technical partners could use their offices to facilitate this. The international community needed to contribute to the dissolution of armed groups. The local elections were a real opportunity to put in place local mechanisms which could respond to local needs and local challenges. On 18 March, the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic was able to arrest a high-profile general who was on the sanctions list. It was important that this continued to happen if peace was to return to the Central African Republic. The Central African Republic needed a lot of support. The international community needed to contribute more so that the people could be protected from the worst effects of the crisis.
JOACHIM DEHABA, Project Coordinator for the non-governmental organization Espérance, said when he took the floor earlier, he had emphasised the need for resources for psychological care and full care for children. What was being seen in the field was that there were programmes that were limited to one year - this was insufficient to care for a child who had been the victim of a human rights violation. There was need for longer care support. The international community must work to ensure that the programmes provided could really treat children for the effects of trauma.
MOHAMED AG AYOYA, Deputy Special Representative of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic and Resident Coordinator for the Central African Republic, said there was a security and protection crisis in the Central African Republic, particularly when it came to protecting children, and he called upon the different partners and donors to increase support to help the Central African Republic build peace, reconciliation, health, medicine and sanitation. There were enormous needs, and donors must plug the gap. Humanitarian workers must not be targeted, and Governments must invest so that decentralised development activities could take place. There was an opportunity this year for local elections, which would end in a local governance model allowing locals to invest and take ownership.
ARNAUD DJOUBAYE ABAZENE, Minister of State in Charge of Justice, Human Rights and Good Governance of the Central African Republic, said progress made in the Central African Republic was evident. A lot had been done, but many challenges remained. With the support of partners, the Government had managed to restore security to the country, although there was still insecurity in some areas. Those who were responsible for this insecurity needed to be brought to justice. This kind of violence meant the State’s ability to protect children’s rights was limited. The work by the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic and the United Nations Children’s Fund to extradite children from armed groups needed to be commended, although the projects were often too short. Taking care of children required a holistic approach. There needed to be increased technical assistance from the international community
MAARIT KOHONEN SHERIFF, Chief of the Africa Branch, Office of the High Commissioner for Human Rights, said children in the Central African Republic needed specialised services regarding mental health, education, and legal and livelihood support, and the role of the international community was critical in this regard. Improvements in the human rights situation could only be done by tackling the root causes of the fragility. This included creating jobs, addressing regional disparities, and tackling corruption.
Interactive Dialogue on the High Commissioner’s Report on South Sudan
Report
The Council has before it the report of the High Commissioner ontechnical assistance and capacity building for South Sudan (A/HRC/52/82).
Presentation of Report
CHRISTIAN SALAZAR, Director for Field Operations and Technical Cooperation of the Office of the High Commissioner for Human Rights, said the report outlined the technical assistance and capacity building provided to South Sudan by the Office of the High Commissioner for Human Rights through the Human Rights Division of the United Nations Mission in South Sudan. The report contained recommendations for the Government and other stakeholders aimed at strengthening the promotion and protection of human rights in the country. Against this background, the capacity building and technical support provided was geared towards strengthening institutional capacities of the State to uphold the rule of law and advance accountability. The Human Rights Division of the United Nations Mission in South Sudan provided technical assistance through sensitisation, trainings, and workshops, in addition to engaging various stakeholders, including national and state authorities, national human rights institutions, security forces, as well as civil society organizations, on the protection of human rights.
To advance accountability in South Sudan, the United Nations Mission in South Sudan was providing technical and logistical support to the Government to establish and deploy mobile courts in areas with no or weak formal justice systems. However, more measures must be taken to provide full remedy to victims – including victims of sexual violence – ensuring that they received timely, adequate, holistic, transformative, and survivor-centred reparations. Authorities must also immediately and effectively investigate extra-judicial executions and prosecute those responsible. The national consultations on the establishment of the Commission for Truth, Reconciliation and Healing in May 2022 offered an entry point to intensify efforts with regard to the holistic implementation of the transitional justice mechanisms. The Office stressed the need for consistent and continued progress towards meeting the benchmarks in the roadmap of the Peace Agreement and called for international support to help the Government fulfil its commitments. The international community should continue to support South Sudan in its efforts to build a functioning justice system and institutions of transitional justice, and the Office would continue supporting efforts to strengthen coordination of the technical assistance provided to South Sudan.
Statement by Country Concerned
RUBEN MADOL AROL KACHUOL, Minister of Justice and Constitutional Affairs of South Sudan, said the Government welcomed the statement made on 6 March 2023 to the United Nations Security Council, which highlighted some of the achievements made and challenges facing the Government in the implementation of the 2018 Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan. In April 2022, the Human Rights Council adopted resolution A/HRC/RES/49/35 requesting the Office of the United Nations High Commissioner for Human Rights, in cooperation with the Government of South Sudan and relevant mechanisms of the African Union, to urgently provide technical assistance and capacity building to South Sudan. Since the passing of the resolution, for the first time on 16 December 2022, the Government, the United Nations Mission in South Sudan, and the Director of the United Nations Development Programme met to discuss the establishment of coordination mechanisms for the implementation of the technical assistance and capacity building programme for South Sudan. The second meeting would be held in two weeks.
The Government was concerned about the inaccuracies and contradictions in the report of the Human Rights Division of the United Nations Mission in South Sudan. The report had exaggerated the number of trainings and workshops which could not be verified by the Government institutions claimed to have benefited from the workshops. To have a meaningful impact on technical assistance and capacity building for South Sudan, the Government was requesting tailored trainings and not workshops. Therefore, the Government rejected the extension of the mandate of the Commission on Human Rights in South Sudan under agenda item two, but would continue to engage with the international community. South Sudan appealed to the Council to renew the resolution under agenda item 10 on technical assistance and capacity building, and to request the Office of the United Nations High Commissioner for Human Rights to enhance the implementation of the resolution.
Discussion
In the ensuing discussion, some speakers said the report on South Sudan outlined once again the ongoing violence and the gross human rights violations, including sexual and gender-based violence, arbitrary detentions, and extra judicial killings, most notably of journalists. The suffering of the population in South Sudan continued and remained immense. The dire humanitarian situation did not only affect the local population, but also humanitarian workers. The political leaders of the country should work together in the spirit and letter of the Peace Agreement and assume responsibility to end the persisting violence and the horrendous human rights violations and abuses. It was crucial to effectively protect the citizens of South Sudan.
The respect for fundamental and human rights was indispensable for achieving progress in South Sudan. The country was in a decisive moment in the extended transitional period and needed to accelerate progress in implementing the roadmap towards a full and peaceful end of the transitional period and free and fair elections. Important progress had been made, but there were human rights challenges, as listed in the report. Greater efforts should be made towards programmes supporting national reconciliation: this was necessary for the full implementation of the Peace Agreement.
Some speakers said South Sudan’s cooperation with United Nations bodies was appreciated: it was important to continue this cooperation and constructive progress, including with human rights mechanisms and regional groups. The commitment to hold general elections by 2025 was a positive step. Technical assistance and capacity building under agenda item 10 were the best way to establish the rule of law and bolster the peace process in the country. The international community should ensure technical support to South Sudan, which would allow it to investigate the human rights violations in the country.
Reports of restricted civil and political space were of concern, some speakers said. Transitional justice efforts must be continued: the failure to create transitional justice mechanisms more than four years after they were agreed to showed that while technical assistance was useful, it required political engagement in order to succeed. All parties must act with greater urgency in political investment to meet the benchmarks set out in the roadmap in order to achieve the conditions necessary for holding elections. There should be constructive dialogue, and no politicisation and pressure in this context. The international community should fully respect the sovereignty, independence and territorial integrity of South Sudan.
In spite of a decline in violence, attacks perpetrated by armed groups persisted, and these claimed the lives of 3,400 civilians last year, and the perpetrators still enjoyed impunity. The end of a transition was not an end in itself: it was up to the authorities to strengthen the rule of law and ensure stability, including conditions that were conducive for the participation of civil society, women and young people. The Council must base its work on genuine dialogue and cooperation, the fundamental pillars of its work.
Speakers asked how could South Sudan create the conditions for the protection of fundamental freedoms which were vital for the drafting of a Constitution and the eventual holding of free and fair elections?
Concluding Remarks
RUBEN MADOL AROL KACHUOL, Minister of Justice and Constitutional Affairs of South Sudan, said resolution 49/35 requested the Office of the High Commissioner to update the Council on the technical assistance and capacity building provided to South Sudan. However, the report focused more on challenges. South Sudan objected to the extension of the mandate of the Commission of Human Rights in South Sudan under agenda item two. South Sudan had shown willingness to reach a solution, but the points of negotiation had been ignored. The United Kingdom had said that it was not the right time for South Sudan to jump to agenda item 10. South Sudan called on the Council to listen to the voices of South Sudan by supporting the position of South Sudan in regards of technical assistance and capacity building and not the long-term plan suggested by the United Kingdom.
MUSA GASSAMA, Head of the Human Rights Unit at the United Nations Mission in South Sudan, said it was important to advocate for greater political will in South Sudan, which was key in addressing capacity building and assistance. This was important in 2023, as the elections were approaching. Steps that were necessary to implement the peace process included parity in the implementation of the Peace Agreement. There was a need to enhance the capacity of all stakeholders participating in the Peace Agreement. Accountability was important and vital to bringing about peace in South Sudan. Any capacity support would aim at deterring harm against civilians. The response of national and regional partners would continue to be mobilised through dialogue, capacity building, technical assistance and coordination with the South Sudanese Government. Although positive steps had been taken towards accountability, a lot of work remained to be done. Mr. Gassama reiterated calls for the implementation of the roadmap in its entirety. The Government’s cooperation with the Office of the High Commissioner for Human Rights was appreciated, and it was hoped that the coordination mechanism would support the Government in achieving greater human rights protection.
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HRC23.054E