South Sudan: Tensions with North, Human Rights Violations Mar Independence Celebrations
By Henry Neondo
JUBA---As South Sudan marks her first anniversary of independence, the celebrations are however marred by tensions with Sudan and allegations of serious human rights violations.
A year after the independence of the country, the only human rights legal framework lies in the Constitutional Bill of rights.
The Government has not yet ratified any single international human rights instrument and only very few laws have been adopted by the Parliament which contain human rights provisions, with the exception of the Child Act.
Executive and Legislative human rights units exist, but there remain a strong need to build the capacity of their holders despite the important efforts undertaken by the international community.
The judiciary is still in its formative stages with limited or no capacity to carry out effective oversight over arrests and detentions.
The legal profession is also still weak and not self-regulating. The Minister of Justice still controls the regulation of the legal profession. The South Sudan Law Society is a mere civil society, while a new Bar Association has been set up with the aim that it becomes the regulating body for the legal profession.
The law establishing such a body has not yet been promulgated. With a weak judiciary and a legal profession that is not self-regulating, the country does not have an effective legal protection mechanism for human rights.
The South Sudan Human Rights Commission, though established and showing strong willingness to implement its large mandate, seems to have limited powers of enforcement. It is also heavily dependent on the government for funding its activities.
In the meantime, victims of human rights violations lack effective national, regional and international recourse. “This is an unacceptable situation in light of the massive humanitarian and human rights violations arising from the Heglig war with Sudan, and the Jonglei inter-ethnic clashes, as well as, violations of fundamental rights and liberties, such as women’s rights, the right to security of the person, freedom of information and expression, and the right to human rights defending among others,” said Arnold Tsunga, Vice-President of the International Federation for Human Rights (FIDH) in a report released ahead of the celebrations.
"South Sudan has experienced 20 years of war against the Sudanese army, a period in which force prevailed over law and impunity was the rule. Certain politicians and elements of the security forces have retained their guerrilla reflexes. The repressive practices of former Sudanese governance prevail. “The judiciary is dilapidated", declared Mohammed Badawi, expert from FIDH member organization, the African Centre for Justice and Peace Studies (ACJPS).
Accordingly, South Sudan must urgently develop a legal and institutional framework to protect human rights.
FIDH calls upon the South Sudanese authorities to ratify as soon as possible the main international and regional conventions for the protection of human rights.
They must adopt, after a fully inclusive process, a Constitution guaranteeing fundamental rights; enact legislation, particularly regarding the press and freedom of association; and undertake legislative reform, including in respect of the state’s criminal law and procedure.
Moreover, South Sudan must strengthening the capacity of agents and commissions responsible for human rights protection within the Ministries and Parliament to make an impact, strengthening the human and financial resources of the National Commission on Human Rights, and taking all necessary measures to establish an efficient judicial system imbued with public confidence.
"Without a legal and institutional framework to protect human rights, the authorities’ commitments to fundamental freedoms are meaningless. This issue must be urgently addressed if the country wants to achieve successful transition towards a peaceful rule of law and respect for democratic principles", declared Souhayr Belhassen, FIDH President.
"Military clashes between Sudan and South Sudan, which peaked in intensity in March and April 2012 around the Heglig oil region, have raised fears of an outbreak of war and its tragic consequences for civilians if the parties fail to achieve a lasting agreement on issues dividing them soon", declared Tsunga.
Whilst conciliatory negotiations between the two states have only just resumed under the auspices of the African Union High Level Implementation Panel on Sudan (AUHIP), FIDH calls upon the international community to consider the imposition of immediate sanctions should agreement through these talks not be reached on time.
Civilians are the primary victims of Sudan and South Sudan’s disagreements on the status of Abyei, demarcation of the border, alleged support for rebel groups operating in South Kordofan/Blue Nile States and Southern Sudan, and oil transit costs.
The deterioration of the relationship between the two states has been evident in the indiscriminate aerial bombings, summary executions, forced displacement and other serious human rights violations directed mainly at civilians. On both sides of the border, civilians are also the main victims of the severe economic crisis resulting from the closure of South Sudan’s oil valves in early 2012.
FIDH recalls that the African Union and the United Nations Security Council have set a 02 August 2012 deadline for the implementation of provisions in their roadmap to end the crisis, including achieving agreement on issues related to the sharing of oil revenues, citizenship and the status of Abyei.
The civil war in Sudan, fought since 1983, arose out of opposition to the Central Government of Khartoum and its Sudanese armed forces by the Sudan People’s Liberation Movement and Army (SPLM/A) regarding issues around sharing of resources, political participation and religious matters.
This civil war ended with the signing of the Comprehensive Peace Agreement (CPA) on 9 January 2005.
After more than 20 years of war, which caused the death of 2.5 million people, the CPA, mediated by the Inter-Governmental Authority on Development (IGAD) with the assistance of the International Community, was a set of agreements concerning ceasefire and security arrangements, power and wealth sharing.
It also established a timetable by which Southern Sudan would have a referendum on its independence and conflict resolutions in the “Three Areas”: Abyei, South Kordofan and Blue Nile. But while independence has been achieved, issues around demarcation of border between the two neighbours remain thorny.