Dorcas Francis, a South Sudanese dedicated human rights advocate - Courtesy

Advancing Justice in South Sudan: The Urgent Need to Ratify the African Court on Human and Peoples’ Rights and Deposit the Article 34(6) Declaration

Brief Background on South Sudan’s Civil Conflict and Human Rights Challenges

South Sudan’s long history of civil war with Sudan culminated in its independence in July 2011, marking a significant milestone in African history. However, just two years later, the country descended into another civil war, driven primarily by ethnic divisions and power struggles.

This conflict claimed thousands of civilian lives.  The 2013 and 2016 conflicts were marked by severe human rights violations, widespread displacement, and mass exodus across borders.

According to the Human Rights Watch World Report 2016, “many atrocities were committed by both warring parties—Sudan People’s Liberation Army in Government (SPLA-IG) and Sudan People’s Liberation Army in Opposition (SPLA-IO)—such as extrajudicial killings, rape, recruitment of child soldiers, destruction of property, torture, arbitrary detention, and enforced disappearances.”

Despite these grave violations, there have been no adequate mechanisms to hold perpetrators accountable, leaving victims without justice or closure.

Overview of the African Court on Human and Peoples’ Rights

In response to recurring patterns of impunity and human rights violations across the continent, the Organization of African Unity (now the African Union) established the African Court on Human and Peoples’ Rights (AfCHPR).

The court was adopted in June 1998 and came into force in January 2004. It was created as a response to tragedies such as the Rwandan Genocide and the brutal conflicts in Liberia and Sierra Leone in the 1990s.

The court’s mission is to strengthen Africa’s human rights protection system and ensure compliance with the African Charter on Human and Peoples’ Rights and other international instruments through judicial processes.

It supplements the protective mandate of the African Commission on Human and Peoples’ Rights and applies legal provisions from the African Charter and other ratified human rights instruments.

The court safeguards civil and political rights, including the right to free and fair elections, equal treatment under the law, and protection from torture and arbitrary arrest.

African Court Access: Benefits for South Sudanese Individuals and NGOs

South Sudan ratified the African Charter on Human and Peoples’ Rights on 23 October 2023 but has not yet ratified the Protocol establishing the African Court, nor deposited the Article 34(6) declaration. This declaration is essential to grant individuals and NGOs direct access to the African Court.

The African Court plays a vital role in addressing impunity, strengthening the rule of law, and promoting a culture of accountability. It offers a path to justice when domestic mechanisms are ineffective or inaccessible.

An illustrative example is the Center for Human Rights and Others v. United Republic of Tanzania. In this case, transnational human rights organizations—including the Centre for Human Rights (University of Pretoria), the Institute for Human Rights and Development in Africa (IHRDA), and the Legal and Human Rights Centre (LHRC)—brought a case on behalf of persons with albinism.

The court held Tanzania accountable for abuses against this vulnerable group. The ruling set a critical legal precedent and reinforced obligations under the African Charter on Human and Peoples’ Rights and the African Charter on the Rights and Welfare of the Child.

Such rulings are binding on states, provide justice to victims, and serve as a wake-up call for governments to improve their human rights frameworks.

To date, only 34 African countries have ratified the Protocol, and only seven have deposited Article 34(6) declarations. South Sudan’s absence from this list deprives its citizens and NGOs of the opportunity to access this crucial judicial body.

NGOs in South Sudan play a key role in advocating for human rights. They work closely with vulnerable communities and elevate their voices. Ratifying the Protocol and making the Article 34(6) declaration would empower these organizations to bring human rights cases before the African Court.

Conclusion

The ratification of the Protocol establishing the African Court and the deposit of the Article 34(6) declaration would mark a pivotal step forward for South Sudan’s justice system. It would enhance accountability, strengthen the rule of law, and solidify the country’s commitment to upholding human rights and good governance.

About the Author: Dorcas Francis is a dedicated human rights advocate with a profound commitment to justice and equality. She holds a Bachelor of Laws from the University of Juba and is currently pursuing her Master of Laws (LLM) in Human Rights and Democratisation in Africa at the University of Pretoria, South Africa.

Editor’s Note: The views expressed in the above articles, as published by Eye Radio, are entirely those of the writer. Any claims made are the responsibility of the author, not Eye Radio.