Justice Ruben Madol, the Minister of Justice and Constitutional Affairs - Credit: Moses Awan/Eye Radio, Date: April 17, 2023

The South Sudan government has set several conditions to be fulfilled by the United Nations Commission on Human Rights in South Sudan (UNCHR) before renewing its mandate in the country.

In March 2016, the UN Human Rights Council established the Commission on Human Rights in South Sudan for a one-year term, to monitor and report violations during the conflict.

The Council has since renewed the commission’s mandate on an annual basis, but it is about to expire in April 2024.

Dr. Gabriel Isaac Awow, Undersecretary of the Ministry of Justice says 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.

“We have said that what is being collected, and investigated by the commission is to be handed over to the accountability institution so that they take any legal or administrative measures,” Dr. Awow told Eye Radio.

Justice Awow 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.

The official said the second precondition is for UNCHR to hand over its role of monitoring violations to the UNMISS Human Rights Division based in Juba.

“The second one is all that information. It can be also collected by UNMISS, which also have a body called the Human Rights Division and they are also doing the same.”

“So, we are proposing that this body, which is UNMISS human rights, can also do the work on behalf of having a commission for Human Rights.”

Dr. Awow said the third condition for the government to accept the extension of the UNCHR mandate, is that the Commission should help in building the capacity of the South Sudan justice system.

“We will accept the state of allow of the commission for another one year under item where the Human Rights Commission can provide the government with technical assistance and capacity.”

Undersecretary Awow added that a government delegation will be heading to Geneva next months to respond to the pending UN Commission on Human Rights report on the country.

– ‘Impunity’ –

Meanwhile, Yasmin Sooka, the Chairperson of the Commission, said she was shocked to learn the government has not taken action against officials and individuals accused of human rights violations.

Speaking in a press conference on Friday, Ms. Sooka said lack of accountability will give perpetrators the belief that they can commit crimes with impunity.

“In one of our reports, in the impunity report we published last year, it was the first time where we named many people we regarded as implicated. And in fact, what we awaited eagerly was to see whether the government would take action against them and in fact, remove them from their posts,” she told the press.

“Now, that didn’t happen. And if you don’t have accountability, even if the details are there for you to read, then of course, it gives rise to the belief that in fact, you can commit these crimes, killings, rape, sexual violence and massacres with impunity.”

The Commission on Human Rights in South Sudan is an independent body mandated by the United Nations Human Rights Council.

The Commission is mandated to investigate the situation of human rights in South Sudan and to make recommendations to prevent a deterioration of the situation, with a view to its improvement.

The Commission is also mandated to determine and report the facts and circumstances of human rights violations and abuses, including by clarifying responsibility for crimes under national and or international law.