Introduction
South Sudan attained independence in 2011 after a long struggle with Sudan. The momentum to become a separate entity gained ground when South Sudan formed an interim government in 2005 through Comprehensive Peace Agreement. The Comprehensive Peace Agreement, which was the result of peace talks aimed at resolving the conflict that had split Sudan into north and south, signalled the end of two decades of civil war in the country. Geographically, the country is located in the east-central part of Africa. It shares border with Ethiopia (East), Uganda (South), Central African Republic (West) and Sudan (North). There are 64 major ethnic groups in the South Sudan, and their diversity is an inherent opportunity for the country to benefit from its rich cultural heritage. South Sudan is a unitary state with a multi-party-political system. The Government is composed of a three-tier system consisting of national government, state governments, and local governments. South Sudan is rich in natural resources with abundant mineral wealth and oil resources.
Since its independence in 2011, the country faced numerous challenges such as: political tensions, ethnic strife, and armed conflict. The outbreak of civil war adversely impacted the socio-economic, political and cultural aspects of the country. It increased poverty, famine, starvation in South Sudan, impacting very negatively the humanitarian situation. Acknowledging these facts, the Government of South Sudan established normative and institutional frameworks for protecting and promoting the rights of South Sudanese people.
Background of Civil War in South Sudan
The situation in post-independent South Sudan got adverse in December 2013. [i]On the night of December 15, 2013, a gun battle had erupted in South Sudan’s capital, Juba, as the guards loyal to President Salva Kiir clashed with soldiers loyal to Vice President Riek Machar. This event triggered a national conflict that has since claimed thousands of innocent civilians, displaced approximately 2.2 million people from their homes and plunged much of the country into a humanitarian crisis. [ii] Again in 2016, another phase of civil war erupted between the Sudan People’s Liberation Army (SPLA) faithful to the President and soldiers loyal to the Vice President in Juba. Due to reliance on ethnic militia groups, civil unrest became ethnically charged between the two dominant ethnic groups: the Dinka in support of President and the Nuer in support of Vice-President. [iii] These two civil wars can be attributed to the following; power politics, battle for natural resources, ethnic disputes, mishandling of economy and feeble institutional frameworks.
The Civil war and subsequent armed struggle put the country into fragility, economic stagnation, famine, poverty and instability. They disproportionately affected the socio-economic and cultural aspects of the country. The civil war severely affected crops and agriculture production which contributed to famine and poverty. According to the 2018 Crop and Food Security Assessment Mission (CFSAM) Report, conflict was the major factor influencing national food security during the period of violence from 2013-2018. [iii] Then in mid-2016, conflict intensified and spread into its major agriculture producing regions including Western Equatoria, Central Equatoria, parts of Eastern Equatoria, and Western Bahr el Ghazal.
Source: UNFCC Report 2018
Furthermore, natural calamities like droughts and climate change have also created starvation and food insecurity in the country. [iii] Around 80 percent of households live in rural areas with a dependency on agriculture, forestry and fishing as the primary livelihood. [iii] In 2019, the country experienced catastrophic floods, which increased the prevalence of weeds, pests, and diseases in crop fields and caused crops loss. Similarly, conflicts had damaged other aspects of South Sudan including its oil production. South Sudan is rich in oil, exports of which generate income.
Impact of Civil War
In South Sudan, the situation of violence and injustice is complex and has deep-rooted origins, spanning decades of conflict marred by, and consequent mass displacement of people to other places. The political situation has deprived people of their fundamental and basic human needs as they are living without shelter, food, health amenities, and education services. The ongoing conflicts violate the principles of international humanitarian law which comprises different treaties and customs that oversee the conduct of armed conflicts; and ensure the protection of those who are victims of armed conflicts. Armed groups have allegedly committed crimes and other human rights violations including unlawful killing, forced displacement, and sexual violence. [iv]Vulnerable groups like women, children, persons with disability and refugees are facing a high proportion of human rights violations in the wake of civil war. The ‘Report of the Secretary- General on Children and armed conflict in South Sudan’ highlighted 466 verified cases of grave violations committed against 335 children. According to UN estimates ‘there are 2.3 million internally displaced people in South Sudan -among this number, 65 per cent are children. [v] Before the ongoing conflict in Sudan, South Sudan was already hosting more than 300,000 refugees and asylum seekers in addition to more than 2.3 million internally displaced people. [vi]
Progress and Challenges
In acknowledging these realities, the Government of South Sudan has taken appropriate steps for building consensus and institutional frameworks for promoting human rights. The ‘Transitional Constitution of South Sudan’ 2011, (amended in 2013) is the most important human rights document that describes the rights and freedoms of South Sudanese. In addition, the establishment of ‘National Human Rights Commission’ under Chapter IV of the Transitional Constitution was also considered as a remarkable step for addressing human rights issues in the country. The functions of the Human Rights Commission are to:
The South Sudan government ratified several international and regional human rights conventions and treaties for protecting the rights of their citizen. The following table gives the details regarding the humanitarian/human rights conventions ratified by the government of South Sudan,
No |
Name of the Humanitarian/ Human Rights Conventions |
Objectives of the Conventions |
Year of Ratification |
1 |
IV Geneva Convention relative to the protection of civilian persons in time of war and Its Additional Protocol I and II |
This Convention emphasized the need for the protection of civilians in armed conflicts including internally displaced persons, women, children, refugees and stateless persons etc. |
2013 |
2 |
Convention on the Elimination of All Forms of Discrimination against Women |
An international bill of rights for women. it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination |
2015 |
3 |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
The Convention absolutely prohibits torture and other acts of cruel, inhuman, or degrading treatment or punishment. States parties agree to prevent acts of torture in connection with activities |
2015 |
3 |
Convention on the Rights of the Child |
It aims to protect children and their rights from all forms of abuse, exploitation, recruitment, illegal activities etc. |
2015 |
4 |
African Charter on Human and People’s Rights (1986) |
This charter ensures the protection of the rights of human and people in the African continent. |
2013 |
5 |
Convention Governing the Specific Aspects of Refugee Problems in Africa (1969) |
This regional instrument governing the protection of refugee in Africa. |
2016 |
United Nations Peacekeeping Mission in South Sudan
Seeing grave war crimes committed against the civilians in the war in South Sudan, the UN deployed a peacekeeping mission -United Nations Mission in South Sudan (UNMISS).‘The Security Council has extended the UNMISS mandate until 15 March 2024. It also emphasized that the Mission should continue advancing its three-year strategic vision defined in resolution 2567 (2021) to prevent a return to civil war, build durable peace and support inclusive, accountable governance as well as free, fair and peaceful elections in accordance with the Revitalized Peace Agreement. [viii]The mandates of UNMISS include the protection of civilians; creating conditions conducive for the delivery of humanitarian assistance; supporting the implementation of the revitalized agreement and the peace process; and monitoring and investigating human rights. In particular, the UNMISS emphasized to restore peace and protect human rights. Additionally on the ground level, the mission includes to monitor, investigate, verify and report on human rights violations and abuse, as well as violations of international law. [viii] It is also requested to report specifically and publicly on violations and abuse committed against women and children, including sexual and gender-based violence, and accelerate implementation of new mechanisms to monitor, analyse and report on conflict -related sexual violence and abuses against children.[viii]
The Revitalized Agreement for Resolution of Conflict in South Sudan (R-ARCSS)
The Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), was finalized in September 2018, and marked an attempt to quell violent conflict in South Sudan, and ushered in a ‘transitional period’ that would lead to elections in 2024(this has recently been extended by two years) . The purpose of the Agreement was to end the civil war and maintain peace in the country. The agreement is a power sharing settlement, grounded in both democratic and conflict management practices. Initially the agreement was initiated for a transitional phase intended to culminate by the 2024 election, but now the timeline has been extended by two years. The agreement was brokered by the Intergovernmental Authority on Development (IGAD) between Salva Kiir and Riek Machar. Chapter I of the agreement is largely a framework for political power sharing, which is encapsulated in the yet to be formed Revitalized Transitional Government of National Unity. In terms of scope, the R-ARCSS covers issues relating to the Pre-Transitional, Transitional and Revitalized Transitional Government of National Unity governance structures and institutions; transitional security arrangements, humanitarian assistance and reconstruction arrangements; agreed frameworks for resource, economic and financial management; agreed principles and structures for transitional justice , accountability, reconciliation and healing; parameters for guiding the permanent constitution.[ix]The R-ARCSS is a promising peace settlement and has transformative elements, such as institutional and constitutional reforms. The implementation of the R-ARCSS provisions relating to the establishment of the Commission for Truth, Reconciliation, and Healing, Hybrid Court for South Sudan, and the Compensation and Reparation Authority will promote justice, unity, reconciliation and address impunity. [ix]
Hybrid Court for South Sudan
In 2018, the leaders of the various warring factions opted to re-commit to the 2015 peace deal. The peace deal calls for establishment of a Hybrid Court for South Sudan, to hold the perpetrators accountable for their crimes. An AU-led hybrid court has been set up which will have the mandate to investigate and prosecute individuals bearing the responsibility for the serious crimes committed since 15 December 2013 in South Sudan – including the deliberate killing of civilians, rape and other sexual violence, forced recruitment of children, forced displacements, among other crimes. In addition, the Court jurisdiction encompasses genocide, war crimes, crime against humanity and other serious crimes under both international law and South Sudanese law. [x]
In response to the conflict in South Sudan, there are various parties and actors operating to provide humanitarian aid and assistance. The United Nations, United Nations Development Program (UNDP), World Food Program (WFP), the African Union and the European Union (EU) have delivered humanitarian assistance in South Sudan. The humanitarian aid includes health and nutrition, water and sanitation, food assistance, and education services. The Humanitarian Response Plan (HRP) provided funds for getting basic amenities and institutional building in South Sudan. In 2023, the UNDP and WFP together published a Report titled ‘Humanitarian Assistance and State building in Conflict –Affected South Sudan: Lessons Emerging for Nexus Programming’ which emphasized humanitarian assistance and measures taken by them for state building in South Sudan. With the launch of the Revised National Development Plan (2021-2024), South Sudan is calling on humanitarian, development, and peace actions to work together by adopting a Humanitarian Development Peace (HDP) nexus approach to support the country’s development and to build state institutions. At the national level, the government of South Sudan established certain institutions that work for ensuring humanitarian assistance. The key institutions are ‘Relief and Rehabilitation Commission, Ministry for Humanitarian Affairs and Disaster Management, Commission for Refugee Affairs’.
Challenges
However, the situation in South Sudan is complex due to the involvement of various parties originally tasked with safeguarding and protecting the population such as the ruling government and the state security forces, which are engaged in conflict with opposition parties and militant groups. The peace in South Sudan has also been negatively impacted by ongoing disputes with Sudan over oil revenues, land borders, armed groups, rebellions, and intercommunal violence. These political tensions have adversely impacted the environment, and economy of the country. Additionally, the inter-ethnic fights, particularly between Dinka and Nuer, significantly impacted the rights and freedoms of the people. South Sudan’s future prosperity depends on maintaining peace and stability and on respect for the implementation of the peace agreement pertaining to the resolution of the conflict in the Republic of South Sudan, which all parties have agreed upon and signed. The Sudanese government, along with other stakeholders including the African Union, United Nations, IGAD, European Union, from time to time have attempted to restore and establish various norms and institutions aimed at overseeing the protection of human rights in South Sudan. These attempts have however so far not been sufficient which calls for more concerted effort in this direction by all the stakeholders.
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*Syamkumar V, Research Associate, Indian Council of World Affairs, New Delhi.
Disclaimer: Views expressed are personal.
References