Address by Ms. Kate Gilmore, United Nations Deputy High Commissioner for Human Rights at the 32th session of the Human Rights Council - ID on South Sudan

Geneva, 22 June 2016

Salle XX, Palais des Nations

Mr. President, Members of the Human Rights Council,
Excellences, Ladies and gentlemen,

Thank you for the opportunity to deliver the opening remarks for this enhanced dialogue on the human rights situation in South Sudan, and on the steps taken by the Government of South Sudan to ensure accountability for human rights violations and abuses.

Two and a half years have passed since this crisis in South Sudan began, and still the country’s security is extremely volatile marked by consequent human rights violations and abuses.

As you will recall, during this Council’s 31st session and as you had requested, the High Commissioner presented the findings of his Office’s comprehensive assessment of the allegations of human rights violations and abuses and of violations of international humanitarian law committed in South Sudan since the outbreak of violence in December 2013.

The findings were that, despite the signing of a peace agreement in August 2015, killings, sexual violence, displacement, destruction and looting continued unabated throughout 2015, with state actors bearing the greatest responsibility for violations during that period.

A glimmer of hope shone through last April with the formation of a new transitional government of national unity in accordance with the peace agreement.

Yet violence has continued in some areas – particularly in Greater Equatoria and Greater Bahr el Ghazal, which were not previously affected by the conflict. Civilians in these areas are now caught in the middle of sporadic fighting between the SPLA and an increasing number of armed groups that have emerged in response to the government’s highly militarized approach to addressing insecurity in the country.

The country has plunged deep into humanitarian crisis thanks to the conflict. As we speak, about 1.6 million people have been displaced from their homes and some 600,000 have sought refuge in neighbouring countries.

About 160,000 of the internally displaced are living in UN compounds with bleak prospects of return. Most parts of the country face severe food insecurity and possible famine. OCHA recently reported an increase in violent incidents – including shooting, ambushes, assaults, harassment, robberies and even the killing of three humanitarian workers, bringing the reported number of aid workers killed in South Sudan to 55 since the conflict began in December 2013.

Moreover, the space for civil society and independent media to express themselves has significantly narrowed since the beginning of the conflict. The Government has increased its attacks on freedoms of opinion and expression, peaceful assembly and freedom from arbitrary arrest and detention. Civil society activists, human rights defenders, humanitarian actors, journalists and print media have been subject to threats, intimidation, harassment, arbitrary detention and in some instances death: In 2015, at least seven journalists were killed. Human rights defenders and activists seeking to cooperate with this Council have also been the subject to threats and reprisals.

Consistently various reports by the UN and the AU have found that the parties to the conflict and their allied forces have killed civilians, raped women and girls as a weapon of the conflict, and pillaged and destroyed civilian property including humanitarian infrastructure, schools, and medical facilities. Some of these abuses may amount to war crimes and/or crimes against humanity.

Yet despite repeated commitments made by the parties to the conflict to end the violence and bring those responsible for human rights abuse to account, there is still no evidence of any genuine effort by the Government or the opposition SPLA/IO to investigate, prosecute and punish violations and abuses.

The Government has initiated multiple accountability measures since the conflict started, including establishing a national investigation committee into human rights abuses. Yet there has been little evidence or public information available of any genuine Government effort to ensure that this delivers accountability for those who have perpetrated these injustices.

The August 2015 Agreement for the Resolution of the Conflict in South Sudan brought renewed hope for justice and a chance to break the cycle of impunity that has plagued the country. Chapter V of the agreement includes provision to create a Commission for Truth, Reconciliation and Healing to establish a record of violations of human rights and a Hybrid Court for South Sudan to try genocide, war crimes, crimes against humanity and other serious crimes that violate international and South Sudanese law. The AU has been tasked with establishing the hybrid court while the Transitional Government of National Unity is expected to initiate the formation of the Truth Commission. But so far there is is little evidence of progress made towards establishing these institutions.

Accountability is essential. The current conflict has its roots in the absence of accountability for past violations. Without accountability now a sustainable peace to in South Sudan will remain elusive with grave consequences for its people. The pervasive culture of impunity and cycle of violence in South Sudan can only be stemmed by the establishment of an effective transitional mechanism which addresses the root causes of conflicts in the country and holds perpetrators accountable.

It is therefore of utmost importance that this Council remains seized of the question of accountability for past and present violations of international human rights and humanitarian law in South Sudan – and I hope that this enhanced interactive dialogue will contribute to accountability and reconciliation. I also hope that the new Commission on Human Rights in South Sudan will provide much-needed support to national, regional and international efforts to promote accountability for human rights violations and abuses.

Thank you.