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Reports persist of abuses against civilians, journalists, and human rights defenders (HRDs), and the country’s long-standing internal conflict has left a legacy of insecurity and political instability. While recent developments suggest that there is an opportunity for transformative change, the path to a fully functional, rights-respecting nation remains difficult.
The cornerstone for improving South Sudan’s human rights record lies in full implementation of the provisions of the 2018 Revitalized Peace Agreement (R-ARCSS). The agreement established critical frameworks for peace and justice, including mechanisms for Transitional Justice, which must be expedited.
The creation of a Hybrid Court to prosecute individuals responsible for serious human rights violations is a central provision of the agreement. Delaying this process sends a savage message that perpetrators will not be held accountable. In addition, the establishment of a Commission for Truth, Reconciliation, and Healing is essential for understanding the root causes of South Sudan’s conflict and fostering national reconciliation.
These mechanisms must be fully operational if South Sudan is to create a durable peace and address historical injustices.
Moreover, the Compensation and Reparations Authority mandated by the peace agreement is vital for acknowledging the harm done to victims of violence, conflict, and displacement. These reparations must be tangible measures to help restore dignity and support the recovery of affected individuals and communities.
A robust, independent judiciary is foundational to ensuring human rights are respected in South Sudan. Currently, the justice system is underfunded, inefficient, and often lacks independence due to political interference. If the South Sudanese government is committed to long-term stability and peace, judicial reform must be a priority.
This involves ensuring that courts are well-resourced and accessible to all citizens, regardless of their socio-economic status. A transparent and accountable legal system would foster public trust and ensure that justice is served fairly. Furthermore, the legal framework must clearly guarantee the right of all citizens, including civil society groups, journalists, and political activists, to operate freely and without fear of persecution.
In tandem with judicial reforms, there should be an emphasis on training judges and law enforcement officers in human rights principles. These reforms should be guided by international human rights standards to ensure that South Sudan’s legal system respects the dignity and rights of every citizen.
Human Rights Defenders and Journalists are at the forefront of efforts to expose human rights abuses in South Sudan. However, their work often places them in direct danger, with reports of harassment, arbitrary detention, and censorship. As South Sudan seeks to strengthen its human rights record, providing legal protections for these individuals is essential.
The government must implement laws that explicitly protect HRDs and journalists from state-sponsored intimidation and violence. These laws should include safeguards against arbitrary detention, protection from physical harm, and the right to access and disseminate information without fear of retaliation. South Sudan could draw inspiration from the African Charter on Human and Peoples’ Rights, which guarantees the protection of HRDs and journalists across the continent.
Furthermore, CSOs and Journalists must be protected by law, and they should be consulted in decision-making processes related to human rights policy. Engaging civil society in these discussions ensures that reforms are comprehensive and reflective of the needs of the citizens of South Sudan.
The widespread violence in South Sudan, particularly in the sub-national levels, has resulted in gross human rights violations. These include killings during inter and intra communal clashes, sexual violence, and forced displacement, often committed by armed groups. Strengthening the capacity of the South Sudan’s security forces is important in protecting civilians and maintaining law and order. However, this must be coupled with accountability to prevent further abuses.
The government should ensure that security personnel are properly trained in human rights standards. This includes the development of clear rules of engagement and a system for holding security forces accountable for violations. The establishment of independent oversight mechanisms to investigate complaints against security forces is also essential.
Impunity for powerful individuals is often the norm in South Sudan. This issue should be tackled through the establishment of strong investigative bodies capable of probing violations regardless of the perpetrator’s rank or status. Only by ensuring accountability for violations can South Sudan begin to rebuild trust between its citizens and the state.
Grassroots organizations are central to advancing human rights in South Sudan, as they work tirelessly to raise awareness and promote peace within local communities. Often serving as first responders to human rights abuses, they possess a deep understanding of the needs of those affected by conflict and violence.
Supporting these community-based groups is essential, and this can be achieved through financial aid, capacity-building initiatives, and fostering partnerships with local, regional, and international stakeholders. Their contributions to conflict resolution, peace-building, and human rights education can be enhanced when they receive adequate support.
Equally important is the inclusion of women, youth, and marginalized groups in decision-making processes. This not only strengthens the impact of reforms but also ensures that peace and stability benefit all sectors of society. Empowering these groups fosters a more diverse, inclusive, and sustainable approach to human rights in South Sudan.
South Sudan’s journey towards improving its human rights record can be facilitated through collaboration with regional bodies such as the African Union (AU) and the United Nations. International technical assistance, capacity-building initiatives, and resource mobilization will be key in supporting the government’s efforts to implement reforms.
South Sudan can benefit from the expertise of international human rights organizations and neighboring countries that have faced similar challenges. The African Union and the United Nations have the experience, resources, and political clout to assist South Sudan in handling these challenges, ensuring that reforms are consistent with international human rights standards.
In conclusion, while the challenges facing South Sudan are formidable, the country is at a crossroads. It has an unprecedented opportunity to improve its human rights record and build a more just, equitable society by committing to meaningful judicial and legal reforms, protecting HRDs and journalists, holding perpetrators accountable for violations, and empowering local communities. South Sudan can begin to reverse its human rights trajectory.
The author, James Bidal, is passionate about defending Human Rights and is a researcher. He can be reached via email at goodbidal@gmail.com.
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