Human Rights Violation And Its Protection In The Republic Of South Sudan

ABSTRACT

This thesLs~ Is an assessment on the adequacy of the law on human ri~ihts protection in the Republlc of South Sudan as well as examining the level of human rights violation and its protection in the Republlc of South Sudan. The researcher examine the level of Government’s commitment in addressing the circumstances leading into the protection of human Rights. It examine the compatibillty of key National legislations in ilne with International and Regional

Human Riqhts standard laws in Protection of Human Riqhts in South Sudan as well as examining human ri:ghts protection within South Sudan in the context of Regional and International arrangement. And the method used in the study was the descriptive designs or

qualltative design, In which the study is based on the information acquired from Unpubllshed and Publlshed materials. I also focus on examining the different forms and causes of Human Rights violations in South Sudan as well as on Human Rights Protection mechanism provides for by the Law at nationai~, Regional and International level. The study intended to examine the law

enforcement mechanism and the justifiability of the exIsting Statutes with a aims of establishing

the extent to which these laws provide both reparation and restoration to both victims and perpetrators of human ri~jhts violations in South Sudan, The researcher focus on the relevant international legislations connected to the subject and assessment thereoi~ and the extent of

implementation. I conduded that;, protection of human rights in South Sudan is one of the greater priority in which the Government is yet to address as it~s much emphasizes, and has been demonstrated and incorporated in several Laws of South Sudan which were adopted between 2006 and 201Z many of whom have aspects related to human ri~’hts protection. As

well as the major impediment to the Protection of Human Rights in South Sudan, are the bad Cultural practices which leads into the violations of women ‘s rights; inter-tribal and ethnic conflicts contributing to large-scale loss of life, massive internal displacement and proliferation

of arms; Lack ofInstitutional capacity ofgovernment;, legislature andjudiciary induding Sudan People~c Liberation Army (SPLA) and other law enforcement Agents, to protect and promote human rights, Tense poiltical dilmate among rullng and dominant Sudan People ~s Liberation Movement (SPLM) and opposition parties as well as poiltically motivated armed conflict between SPLA and breakaway factions; Hiqh level of iilteracy and lack of awareness of Human Rights

and democratic values; Widespread impunity and lack of institutional and personal accountabillty for human r:qhts violations; Ineffective justice system and lack of access to

appropriate and affordable justice; widespread violations of human rights in administrations of justice, induding perennial delays in trials, excessive remands, prolonged pre-trail detentions, and poor prlsvn conditions. I recommended that Government should hold perpetrators of torture and inhuman degrading treatment accountable for their action without immunity; investigate the causes of the conflict;, arrest and try the suspects and prosecute the

perpetrators of violence in areas affected in South Sudan; Government in collaboration with NGO5 and international organizations should strengthen peace building conferences and enter community dialogue to promote peace, harmony and co-existence among different ethnic

communities in South Sudan; Government should carry out a comprehensive disarmament campaiqn to remove illegal arms possessed by individuals and communities in South Sudan; And to ratify all international and regional human r,~’hts instruments.

TABLE OF CONTENTS

DECLARATION

APPROVAL ii

DEDICATION iii

ACKNOWLEDGEMENT iv

LIST OF CONVENTIONS AND STATUTES vi

LIST OF CASES vii

LIST OF ACRONYMS AND ABREVIATIONS viii

ABSTRACT x

TABLE OF CONTENTS xi

CHAPTER ONE 1

1.0 General Introduction 1

1.1.0 Background of the study 1

1.2 Statement of the Problem 13

1.3 Rationale of the study 16

1.4 Scope of the study 16

1.5.0 Objectives of the study 17

1.5.1 General objectives 17

1.5.2 Specific objectives 17

1.6 Research questions 18

1.7 Significance of the study 18

1.8 Methodology followed 19

1.9 Review of Literature 20

1.10 Clarification or Definitions of key terms 29

xi

CHAPTER TWO .34

INTERNATIONAL, REGIONAL (OF AFRICA) AND NATIONAL EFFORTS ON THE

PROTECTION OF HUMAN RIGHTS AND THE CONCEPTS OR PHILOSOPHIES ON

HUMAN RIGHTS PROTECTION 34

2.0 Introduction 34

2.1 Protection of Human Rights at International level 34

2.2 The Human Rights Protection at the Regional level of Africa 43

2.3 Protection of Human Right at National level in South Sudan 47

CHAPTER THREE 52

FACTORS OR THE CIRCUMSTANCES THAT CONTRIBUTE TO THE VIOLATIONS

OF HUMAN RIGHTS IN SOUTH SUDAN 52

3.0 Introduction 52

3.1 Illegal arrest and arbitrary detention, lack of political freedom, Infringement to

freedoms of expression and unlawful killing 52

3.2 Respects for the Integrity of the Persons 57

3.3 Corruption and Lack of Transparency in Government Institutions 72

3.4 Governmental Abuse of Human Rights in Regards to International and Non~

governmental Investigation of Alleged Violations of Human Rights 75

3.5 Human Rights Violations during the Inter-Ethnic Conflict ~. 76

3.6 Human Rights Abuse During the Disarmament campaign 79

3.7 Customary practices contribute into the violation of Human Rights in South Sudan.

81

CHAPTER FOUR 90

EXPOSITION OF THE LEGAL FRAMEWORK IN THE PROTECTION OF HUMAN

RIGHTS IN SOUTH SUDAN AND CRITIQUES AS TO THE IMPLEMENTATION OF

THE LAW 90