29/L.22 Report of the High Commissioner on technical cooperation and capacity-building for South Sudan in the field of Human Rights

GE.15-10972 (E)

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Human Rights Council Twenty-ninth session

Agenda item 10

Technical assistance and capacity-building

Algeria (on behalf of the African Group): draft resolution

29/… Report of the High Commissioner on technical cooperation and capacity-building for South Sudan in the field of Human Rights

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 Peoples’ 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 5/1 of 18 June 2007, as well as Council

resolutions 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 President’s statement PRST 25/2 of 28 March 2014,

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

Intergovernmental Authority on Development,

Taking note of the report of the United Nations High Commissioner for Human

Rights on the human rights situation in South Sudan,1

Noting with deep concern the prevailing situation on the ground marked by

continued fighting and attacks against civilians, as well as a dire humanitarian crisis,

including forced displacement, acute food insecurity, access restrictions and other

impediments to humanitarian assistance,

Strongly condemning all ceasefire violations committed by the parties, as reported

by the Monitoring and Verification Mechanism of the Intergovernmental Authority on

Development, as well as the attacks and other egregious acts of violence and abuses of

human rights against civilians, including during the fighting in Upper Nile and Unity States

in April and May 2015,

1 A/HRC/28/49.

Condemning in the strongest terms the attacks and other acts of violence and

harassment targeting the humanitarian agencies and their personnel and assets.

Commending the humanitarian agencies for their continued assistance to the affected

populations and, once again, urges all concerned actors to fully cooperate with them,

Deeply concerned by reports of alleged continued violence against children,

Expressing particular concern at increasing reduction in the democratic space in

South Sudan, including through the restrictions on the exercise of the human rights to

freedoms of expression, peaceful assembly and association,

Emphasizing that persistent barriers to the implementation of Security Council

resolution 1325 (2000) of 31 October 2000 will only be dismantled through a dedicated

commitment to women’s empowerment, participation and human rights, and through

concerted leadership, consistent information and action, and support to build women’s

engagement at all levels of decision-making,

Welcoming the leading mediation efforts of the Intergovernmental Authority on

Development and its new Plus mechanism, and the contribution of the African Union,

encouraging the renewed regional and international efforts to implement swiftly a

comprehensive solution to end the crisis in South Sudan, and urging all parties to engage

meaningfully in the peace process so to bring about a political resolution of the crisis and

an end to the violence,

Welcoming also the dialogue and Agreement on the reunification of the Sudanese

People’s Liberation Movement of 21 January 2015, commending the leading role played by

the United Republic of Tanzania in bringing together all groups of the Sudanese People’s

Liberation Movement – namely, the Sudanese People’s Liberation Movement in

Government, the Sudanese People’s Liberation Movement in Opposition and the Sudanese

People’s Liberation Movement–Former Detainees – to elaborate and finalize the

Agreement, also welcoming the recent reinstatement of the dismissed political leaders of

the Sudanese People’s Liberation Movement to their previous positions, and calls upon the

Sudanese People’s Liberation Movement in Opposition to fulfil its obligations under the

Arusha Agreement,

Calling upon the international community to support the national efforts made by

the Government of South Sudan to achieve sustainable peace in the country and urging the

United Nations Mission in South Sudan to continue to cooperate and to provide technical

support and capacity-building to South Sudan,

Mindful of the immense challenges facing South Sudan as one the least developed

countries in the world, facing acute food and water crises, slow progress in its infrastructure

and lack of services,

Welcoming the establishment and work of the African Union Commission of Inquiry

on South Sudan, and stressing the importance of thorough and genuine investigations into

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

with a view to bringing perpetrators to justice,

Welcoming also the communiqué of 13 June 2015 by the African Union Peace and

Security Commission, and the Commission’s plans to consider the report at a meeting in

July 2015, anticipating with interest to the Commission’s findings and recommendations,

and encouraging the public release of its final report as soon as possible,

1. Expresses grave concern at the ongoing human rights violations and abuses

and violations of international humanitarian law in South Sudan;

2. Demands that all actors halt all human rights violations and abuses and all

violations of international humanitarian law, and strongly calls upon the Government of

South Sudan to ensure the protection and promotion of human rights and fundamental

freedoms, in particular those of women and children;

3. Stresses the importance of accountability, reconciliation and healing as

prominent elements of a transitional justice mechanism, and also stresses that perpetrators

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

should be held accountable and brought to justice;

4. Calls upon the Government of South Sudan to investigate and report on

atrocities, including human rights violations and abuses and violations of international

humanitarian law, and to hold those responsible to account;

5. Recognizes the importance of independent and public human rights

monitoring, investigation and reporting mechanisms for their useful role in laying the

groundwork for justice, accountability, reconciliation and healing among members of all

South Sudanese communities;

6. Welcomes the continued positive engagement of Intergovernmental Authority

on Development through the IGAD-Plus mechanism to further push forward the peace

process and political dialogue to bring about peace and stability in South Sudan;

7. Also welcomes the steps taken towards the implementation of the Agreement

on the Reunification of the Sudan People’s Liberation Movement of 21 January 2015, notes

the efforts of the Chama Cha Mapinduzi of the United Republic of Tanzania, the African

National Congress of South Africa and the Ethiopian People’s Revolutionary Democratic

Front of Ethiopia in this regard aimed at reuniting the Sudan People’s Liberation

Movement, and the subsequent return of former political detainees, and encourages all

parties, in particular the former detainees, to fully play the role expected of them in

fostering dialogue and understanding among the leaders of the Sudan People’s Liberation

Movement, in the overall interest of their country and people, as part of the search for

peace, security and reconciliation in South Sudan;

8. Further welcomes the appointment of the former President of Mali, Alpha

Oumar Konaré, as the African Union High Representative for South Sudan;

9. Urges all parties to respect and implement the agreements mediated by the

Intergovernmental Authority on Development and to commit to inclusive dialogue,

reconciliation and peacebuilding; notes with concern that, since the signing of the Cessation

of Hostilities Agreement in January 2014, breaches have continued from both sides of the

conflict; calls for this agreement to be respected and for all fighting to cease; and urges the

parties to reach a peace agreement to end the conflict;

10. Expresses its appreciation for the support of neighbouring countries to

refugees, and calls upon the international community to help neighbouring countries

hosting refugees, especially women, children and persons with disabilities;

11. Calls upon the international community to provide financial and technical

assistance to South Sudan in order to improve the conditions of the Human Rights through

addressing the acute food and water crises, and improving infrastructure and basic services,

including education and health-care services;

12. Urges the Government to take immediate steps to protect the human rights to

freedoms of expression, peaceful assembly and association;

13. Welcomes the implementation by the Government of South Sudan of the

revised plan of action to end recruitment of children and to prevent violations committed

against them, and strongly urges the Sudan People’s Liberation Movement/Army in

Opposition to fully and immediately implement its commitment to end violations and

abuses against children signed on 10 May 2014;

14. Recognizes the important role that women play in building peace, calls for

the protection and promotion of women’s rights, their empowerment and participation in

peacebuilding, conflict-resolution and post-conflict processes, in accordance with Security

Council resolution 1325 (2000), and the need to honour commitments made by all parties

and to take action to tackle sexual violence, and in this regard calls upon South Sudan to

meet the commitments from the joint communiqué on sexual violence signed with the

United Nations on 11 October 2014;

15. Reiterates the importance of sustaining an objective assessment of the human

rights situation in South Sudan;

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

Rights:

(a) To engage with the Government of South Sudan to monitor, assess and report

on the situation of human rights with a view to providing support to the country to fulfil its

human rights obligations in consultation with the Government, and to make

recommendations on technical assistance and capacity-building and on ways to improve the

human rights situation in the country;

(b) To engage the Government of South Sudan and other relevant stakeholders,

to incorporate a gender perspective, and to consider a full range of information, including

from relevant human rights mechanisms, in particular the Human Rights Division of the

United Nations Mission in South Sudan in the fulfilment of this mandate with a view to

help the country to fulfil its human rights obligations;

(c) To support domestic, regional and international efforts towards

accountability, reconciliation and other transitional justice measures, including through

recommendations concerning appropriate technical assistance, taking into consideration the

findings and recommendations in the report of the African Union Commission of Inquiry

on South Sudan;

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

of the High Commissioner in the implementation of the present resolution, including by

facilitating visits and access to the country;

18. Encourages the Office of the High Commissioner and relevant special

procedures mandate holders to provide, in consultation with the Government of South

Sudan, advice and technical assistance on implementing the above-mentioned steps;

19. Calls upon the Government of South Sudan to continue to cooperate

constructively with the United Nations, including the United Nations Mission in South

Sudan;

20. Requests the High Commissioner to present to the Human Rights Council at

its thirty-first session a preliminary oral report, and to present a full report to the Council at

its thirty-second session in an interactive dialogue;

21. Requests the Office of the High Commissioner provide all necessary and

appropriate resources to fulfil the present resolution;

22. Decides to remain seized of the matter.