Situation of Human Rights in South Sudan

A/HRC/RES/31/20No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 4Human rights situations that require the Council's attention, published in 2016.

What other versions does this mandate have?

7 versions · 2016–2021

This is an older version — the most recent is A/HRC/RES/46/23

2021A/HRC/RES/46/23Situation of human rights in South SudanLatestCompare with previous version
2020A/HRC/RES/43/27Situation of human rights in South SudanCompare with previous version
2019A/HRC/RES/40/19Situation of human rights in South SudanCompare with previous version
2018A/HRC/RES/37/31Situation of human rights in South SudanCompare with previous version
2017A/HRC/RES/34/25Situation of human rights in South SudanCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

12 topics

Accountability Human Rights Human Rights Monitoring Human Rights Violations Interim Governments Internal Security International Humanitarian Law Peace Agreements Reconciliation South Sudan Technical Cooperation Transitional Justice

What does this mandate say?

29 operative paragraphs

Condemns the ongoing human rights violations and abuses and violations of international humanitarian law in South Sudan, including those involving alleged targeted killings, ethnically targeted violence, rape and other forms of sexual and gender-based violence, the recruitment and use of children, arbitrary arrests and detention, alleged torture, arbitrary denial of humanitarian access and attacks on schools, places of worship, hospitals and United Nations and associated peacekeeping personnel, by all parties, also condemns the harassment and violence directed at civil society, humanitarian personnel and journalists, and emphasizes that those responsible for violations and abuses of human rights and violations of international humanitarian law must be held accountable;

Demands that all actors put a halt to all human rights violations and abuses and all violations of international humanitarian law, and strongly calls upon the Government of South Sudan, as well as the transitional Government of national unity, once formed, to ensure the protection and promotion of human rights and fundamental freedoms;

Welcomes the report of the Office of the United Nations High Commissioner for Human Rights assessment team dated 11 March 2016 and takes note of the recommendations contained therein;

Also welcomes the signing, under the auspices of the Intergovernmental Authority on Development, of the Agreement on the Resolution of the Conflict in the Republic of South Sudan;

Further welcomes the establishment of the Joint Monitoring and Evaluation Commission and the appointment of the former President of Botswana, Festus Mogae, as its Chair;

Recognizes the important role of the Joint Monitoring and Evaluation Commission in monitoring and overseeing implementation of the Agreement and its ceasefire provisions, and urges all parties and international partners to constructively engage with the Commission and other bodies created by the Agreement;

Welcomes the African Union Peace and Security Council communiqué of 26 September 2015, which, inter alia, reaffirmed the commitment of the African Union to combating impunity and reiterated its condemnation of the violence and abuses committed by armed actors in South Sudan;

Calls upon all local, regional and international partners to collaborate with and support the processes aimed at achieving the implementation of a sustainable peace;

Urges the speedy formation of an inclusive transitional Government of national unity to ensure full implementation of the Agreement, and stresses that perpetrators of violations of international humanitarian law, human rights violations and abuses, including any that amount to war crimes or crimes against humanity, should be held accountable;

Recognizes the important contribution of the Joint Monitoring and Evaluation Commission in working with the parties towards the establishment of a transitional Government of national unity and urges continued support from all relevant domestic and international stakeholders for their efforts;

Calls upon the Government of South Sudan, as well as the transitional Government of national unity, once formed, to investigate all human rights violations and abuses and violations of international humanitarian law, and to hold those responsible to account, while affording fair trial protections to the accused and supporting victims and protecting potential witnesses, before, during and after legal proceedings;

Urges the Government of South Sudan, as well as the transitional Government of national unity, once formed, to take steps immediately to protect the rights to freedom of expression, peaceful assembly and association in accordance with its international human rights obligations and to, among other things, ensure that members of civil society organizations and the media can operate freely and without intimidation;

Strongly urges all parties to end and prevent human rights violations and abuses committed against children, and calls upon all parties to end immediately the unlawful recruitment of children and to release all children that have been unlawfully recruited to date;

Recognizes the important role that women play in building peace, calls for the protection and promotion of the rights of women, their empowerment and participation in peacebuilding, conflict resolution and post-conflict processes, in accordance with Security Council resolution 1325 (2000) of 31 October 2000 and subsequent resolutions on women, peace and security, including Council resolution 2242 (2015) of 13 October 2015;

Supports the establishment of transitional justice institutions, including an independent hybrid court and a commission for truth, reconciliation and healing, consistent with the Agreement, and in this regard calls for the establishment of these bodies without delay and calls upon all parties to fully cooperate with them;

Expresses serious concern about the lack of progress made by the Government of South Sudan in improving the promotion and protection of human rights, especially in the areas outlined in paragraphs 14 and 15 of Human Rights Council resolution 29/13;

Calls upon the Government of South Sudan to cooperate fully and constructively with the Office of the United Nations High Commissioner for Human Rights and the United Nations Mission in South Sudan, as well as regional, subregional, and international mechanisms on the ground;

Decides to establish a Commission on Human Rights in South Sudan, composed of three members, for a period of one year, renewable as authorized by the Human Rights Council, with the following mandate:

To monitor and report on the situation of human rights in South Sudan and make recommendations for its improvement;

To assess past reports on the situation of human rights since December 2013 ‎in order to establish a factual basis for transitional justice and reconciliation;

To provide guidance on transitional justice, accountability, reconciliation and healing, as appropriate, and — once the transitional Government of national unity is fully formed, operational and commits to ending the violence against the civilian population and to cooperating with the hybrid court for South Sudan — to make recommendations on technical ‎assistance to the transitional Government of national unity to support transitional justice, accountability, reconciliation and healing;

To engage with other international and regional ‎mechanisms, including the United Nations, the United Nations Mission in South Sudan, the African Union and its African Commission on Human and Peoples’ Rights, the Joint Monitoring and Evaluation Commission Chair and civil society, with a view to providing support to national, regional and international efforts to promote accountability for human rights violations and abuses;

Requests the immediate operationalization of the mandate and the appointment of the Commission on Human Rights in South Sudan by the President of the Human Rights Council as soon as possible and no later than by the conclusion of the thirty-second session of the Council;

Requests the Office of the United Nations High Commissioner for Human Rights to provide the full administrative, technical and logistical support needed to enable the Commission on Human Rights in South Sudan to carry out its mandate;

Acknowledges that the Government of South Sudan has committed to cooperating with the Commission on Human Rights in South Sudan in the fulfilment of its mandate, including by authorizing travel to and within the country and providing all the meetings and information relevant and requested to support the fulfilment of the mandate;

Requests that representatives of the Office of the United Nations High Commissioner for Human Rights, the African Union, the Joint Monitoring and Evaluation Commission, the African Commission on Human and People’s Rights and other stakeholders, as appropriate, be invited to discuss the human rights situation in South Sudan and steps taken by the Government to ensure accountability for human rights violations and abuses in an enhanced interactive dialogue at the thirty-second session of the Human Rights Council;

Requests the Commission on Human Rights in South Sudan to present a comprehensive written report, in an interactive dialogue, to the Human Rights Council at its thirty-fourth session;

Requests that the reports of the Commission on Human Rights in South Sudan be submitted to the Human Rights Council and then shared with the General Assembly and the African Union;

Decides to remain seized of the matter.

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