Report of the Commission on Human Rights in South Sudan (A/HRC/52/26) [EN/AR]

Summary

In the present report, submitted pursuant to Human Rights Council resolution 49/2, the Commission on Human Rights in South Sudan gives an overview of the human rights situation in South Sudan and updates the Council on critical developments and incidents that occurred in 2022.The report ends with conclusions and recommendations.
An accompanying conference room paper has been prepared that reflects in greater detail the main findings of the Commission.

Introduction

1. In 2016, in its resolution 31/20, the Human Rights Council established the Commission on Human Rights in South Sudan for a period of one year. In April 2017, in its resolution 34/25, the Council extended the Commission’s mandate for another year and requested it to continue to monitor and report on the situation of human rights in South Sudan, to make recommendations to prevent further deterioration of the situation and to report and provide guidance on transitional justice.

2. The Commission is also mandated to determine and report the facts and circumstances of, collect and preserve evidence of and clarify responsibility for alleged gross violations and abuses of human rights and related crimes, including sexual and gender-based violence, with a view to ending impunity and providing accountability. The Human Rights Council has requested the Commission to make such information available to transitional justice mechanisms, including those to be established pursuant to chapter V of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, including the Hybrid Court for South Sudan, to be established in cooperation with the African Union.

3. The Human Rights Council subsequently extended the mandate of the Commission, each time for an additional year, in its resolutions 40/19, 43/27, 46/23 and 49/2. The current members of the Commission, appointed by the President of the Council, are Yasmin Sooka (Chair), Andrew Clapham and Barney Afako.

4. The Commission is supported by a secretariat based in Juba. In 2022, it conducted several missions to locations within South Sudan. It also conducted missions to Kenya and Uganda. The Commission met with victims, witnesses, government officials, members of civil society and other key stakeholders. It received detailed witness statements, conducted meetings, organized focus group discussions and gathered confidential records. The evidence collected and all other information gathered is preserved in the Commission’s secure and confidential database and archives.

5. Members of the Commission conducted two visits to South Sudan in 2022 and participated in various meetings and conferences, including in Addis Ababa, which hosts the headquarters of the African Union.

6. The Commission extends its gratitude to the Government of South Sudan for facilitating its missions in South Sudan and is grateful for the cooperation that it received from governments in the region. It also expresses its appreciation for the assistance of and contributions from the African Union, the United Nations Mission in South Sudan (UNMISS) and various United Nations agencies, civil society organizations and independent experts.