CRES\003\4\2015: RESOLUTION ON SOUTH SUDAN

CRES\003\4\2015: RESOLUTION ON SOUTH SUDAN
We, the participants of the Forum on the Participation of NGOs in the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 30th African Human Rights Book fair held in Banjul, The Gambia from 16th to 19th April 2015;
Concerned by the continuously deteriorating human rights and humanitarian situation in South Sudan ;
Recalling that since the outbreak of the conflict in mid December 2013, civilians have been victims of extreme acts of violence, including mass killings, rape and other forms of sexual crimes, torture, enforced disappearances, forced recruitment of child soldiers, forced displacement. Further recalling that such crimes could amount to international crimes reprehensible under the Rome Statute of the International Criminal Court (ICC) ;
Recalling that the African Union Commission (AUC) established, in March 2014, a Commission of Inquiry mandated to “investigate the human rights violations and other abuses committed during the conflict and make recommendations on the best ways and means to ensure accountability, reconciliation and healing” ; Furtherrecalling that the establishment of the Commission of Inquiry demonstrated the African Union’s commitment to condemning and rejecting impunity as provided for in its Constitutive Act ;
Dismayed however by the failure of the African Union Peace and Security Council to publish the report of the Commission of Inquiry. Furtherdismayed by the failure of the Government of South Sudan to conduct credible and independent investigations with a view to prosecuting and holding accountable persons suspected of international humanitarian and human rights law violations. Considering that these failures seriously compromise prospects for justice and reconciliation in South Sudan and contribute to the continuation of serious human rights abuses and the culture of impunity ;
Concerned in particular by the continuing forced recruitment of children into the ranks of fighting troops of parties to the conflict ; Alerted particularly by the forced recruitment, between January and March 2015, of hundreds of children by government forces and their allies in Upper Nile and Unity States ;
Concerned by the restrictions to the work of human rights defenders and journalists who are increasingly subjected to arbitrary arrest and detention, intimidation, threats and other acts of harassment and reprisals, in particular when they document and report on conflict-related human rights abuses and call for accountability, or seek to engage with international human rights forums;
Concerned bythe recent passing of a Bill granting the National Security Service (NSS) sweeping powers of arrest, detention, search and seizure and the potential of this legislation to further reduce the space for human rights defenders and journalists ;
Concerned by the fact that over 2 million people are still internally displaced in South Sudan, that over 500,000 have been forced to seek refuge in neighbouring countries and that 2.5 million are facing food insecurity ;
Recalling the ACHPR’s Resolution 265 on the human rights situation in South Sudan, calling upon the Government of South Sudan to “ensure full protection of the civilian population” and to “ensure that perpetrators of the human rights violations are held accountable”;
The NGO Forum calls upon the ACHPR to adopt a resolution:
1. Calling upon the African Union Peace and Security Council to immediately consider and publish the report of the AU Commission of Inquiry on South Sudan and implement any recommendations that would contribute to ensuring justice and reparations to victims of human rights violations and abuses ;
2. Supporting in the holding of fair, transparent and credible investigations into the international humanitarian and human rights law violations and abuses committed in South Sudan since mid December 2013 with a view to prosecuting those suspected of responsibility for such crimes through the establishment of a hybrid judicial mechanism and/or investigations by the International Criminal Court (ICC) ;
3. Calling upon the parties to the conflict to immediately cease all violations of international human rights and humanitarian law. In particular, all forces should immediately cease unlawful killings, forced recruitment of children, acts of sexual violence and other attacks on civilians ;
4. Calling upon the parties, the AU and Intergovernmental Authority on Development (IGAD) mediators to exclude amnesty for crimes under international law and to support the establishment of a vetting system to ensure that members of the South Sudanese military and security personnel about whom there is evidence of serious human rights violations do not remain, or are not placed in, positions where they could repeat such violations or impede justice processes ;
5. Calling upon the Government of South Sudan to guarantee the protection of fundamental rights and freedoms, including freedom of expression and freedom of association;
6. Calling upon the Government of South Sudan to ensure in particular that human rights defenders and journalists can operate freely, without fear of being arbitrarily arrested, detained or intimidated, or subject to reprisals on the basis of their engagement with regional or international human rights forums, and ensure that violations of their rights are effectively investigated and sanctioned;
7. Calling upon South Sudan’s parliament to repeal or substantially amend the National Security Service Law, to ensure it provides adequate safeguards against human rights abuses, and meets regional and international legal standards;
8. Calling upon the government of South Sudan to guarantee the protection and security of civilians, particularly internally displaced persons ;
9. Calling upon the African Commission’s Special Rapporteur on the Situation of Human Rights Defenders to conduct an urgent academic visit to the country, to investigate and report on the worsening environment for human rights defenders;
10. Requesting the mobilization of adequate humanitarian support to ensure that the basic needs of all populations affected by the conflict are met ;
11. Calling upon the Government of South Sudan to immediately complete ratification of the African Charter on Human and Peoples’ Rights (the African Charter) and the African Charter on the Rights and Welfare of the Child (ACRWC) by depositing instruments of
ratification with the African Union ; and to initiate the internal process for ratifying other regional human rights treaties, particularly the Protocol to the African Charter on the Rights of Women in Africa and the African Charter on Democracy, Elections and Governance ;
12. Calling upon the Government of South Sudan to accede to the Rome Statute and consider making a declaration under article 12 (3) of the Statute granting the ICC jurisdiction over crimes that have occurred during the conflict.
Done in Banjul, The Gambia – 19 April 2015