Yasmin Sooka [Right], the chairperson of the UN Human Rights Commission, and Barney Afako [Left], UN Human Rights Commissioner during a press briefing in Juba - credit |Atem Jenifer/Eye Radio | February 11, 2022

Lack of proper governance and political accountability and the diversion of national resources have stalled South Sudan’s transition, and led to the most recent extension of the 2018 peace agreement, the UN Commission on Human Rights in South Sudan said.

Addressing the UN General Assembly on Wednesday, the UN rights commissioners said the cycle of extensions has further exacerbated an already dire human rights situation in the country.

“South Sudanese are suffering immensely from the catastrophic deteriorating humanitarian and economic crises. They are tired of waiting for political leaders to end their obfuscation in implementing the peace agreement,” said one of then commissioners, Barney Afako.

“The people desperately want an accountable and responsive government that is committed to their wellbeing and will deliver on its human rights obligations and guarantee protection for citizens.”

The Commission expressed its concern over the latest two-year extension of the Revitalized Agreement, in September 2024, which again postponed what would be the first elections since South Sudan’s independence in 2011.

“The crucial issue facing South Sudanese is not merely delay or lack of elections: it is the sabotage of the democratic transformation they are entitled to, and the mounting human consequences of this abject failure to protect and respond to the social and economic entitlements of citizens,” said Yasmin Sooka, Chair of the Commission.

The Commission noted that the unification of armed forces stipulated in the Revitalized Agreement has still not been significantly implemented, among other key provisions, including developing a permanent constitution and establishing transitional justice institutions.

“Failures to implement these commitments contribute to the ongoing armed violence, conflict, displacement and human misery present across the country,” the statement added.

The commission said corruption and systematic diversion of public funds remain rampant in South Sudan, adding that its investigations find that national revenues, especially from oil, continue being grossly mismanaged to benefit political elites and their patronage networks.

“Allocations for essential services to citizens are grossly inadequate, with international organizations left to fill the gaps, which they are unable to address given their funding and access limitations, and the vast scale of need,” it said.

It points out that most South Sudanese live with acute food insecurity, while civil servants and members of armed forces have not received salaries for almost one year.

The Commission said has documented horrific conflict-related sexual violence, the use of children in armed forces, abductions, extrajudicial killings, cattle raiding and revenge killings, and other cruel and inhumane treatment during attacks and counterattacks by belligerent groups.

“The persistent violence, which often takes on ethnic dimensions, follows a clear pattern of political competition and contestation over territory and economic resources – and is enabled by the absence of effective security and justice responses,” said Mr. Afako.

“The State’s failure to establish meaningful transitional justice measures and hold perpetrators of past and present human rights violations accountable, fosters impunity and fuels cycles of violence, by emboldening both State and non-State actors.”

On his part, Commissioner Carlos Castresana Fernandez said justice and accountability processes are the only way to break the cycle of violence and atrocities in South Sudan, while urging strong judicial reforms.

“Criminal accountability sends a clear message to perpetrators, and it is crucial in a country where citizens continuously suffer at the hands of conflicting parties that repeatedly commit violations.”

“South Sudan needs strong judicial reforms matched by requisite funding so that justice actors can function effectively and impartially, without interference. At the same time, the establishment of the three transitional justice mechanisms, is essential to address the legacies of conflict and human rights violations, and to prevent their recurrence.

The UNHRC further raised concerns of the government’s hesitancy in taking steps to form the Hybrid Court with the African Union as a vital component of transitional justice.

This, it said, is despite the parliament’s passing of bills for the establishment of a Commission for Truth, Reconciliation and Healing, and a Compensation and Reparation Authority in September 2024.

– Recommendations –

The Commission called on South Sudan’s political leaders to urgently promote a credible and participatory constitution-making process, which would be the basis for elections.

It said a permanent constitution would promote accountability and recovery by investing in justice, stop the corruption and plunder of resources, prioritize protecting the rights of women and girls and end the repression of civic and political space.

It urged UN Member States to renew their support, by demanding that South Sudan takes concrete, corrective steps to credibly conclude the transitional period, and to respect, protect, and fulfil the human rights of citizens.

The Commission on Human Rights in South Sudan is an independent body mandated by the United Nations Human Rights Council. First established in March 2016, it has been renewed annually since.

Its three Commissioners are not UN staff, they are not remunerated for their work as Commissioners, and they serve independently in their capacity as experts.

In February 2024, South Sudan government set several conditions to be fulfilled by the UN Commission on Human Rights in South Sudan (UNCHR) before renewing its mandate in the country.

Dr. Gabriel Isaac Awow, Undersecretary of the Ministry of Justice, said one of the conditions is for the UN rights commission to submit a copy of its investigative reports to the South Sudan government before taking it to the headquarters in Geneva, Switzerland.

He said the commission should not work independently without cooperation and coordination with the accountability institutions, which are the Judiciary and Ministry of Justice.

Justice Awow further said the submission of full UNCHR investigative reports will enable the government to hold perpetrators of human rights violations accountable.

He argued that the judiciary can act upon the reports to arrest and prosecute individuals accused of human rights violations in a court of law.