Distinguished President,

Members of the Commission of Enquiry,

Excellencies,

At the outset, I wish to express appreciation for the cooperation extended by the Government of South Sudan to Office of the High Commissioner for Human Rights, the Human Rights Division of the United Nations Mission in South Sudan, and to the Commission on Human Rights in South Sudan.

As South Sudan advances towards elections, scheduled in December 2024, OHCHR urges the Government of South Sudan to establish a conducive environment for free, fair, credible and inclusive elections. This includes inter alia establishing the necessary electoral infrastructure and framework and opening up civic space.

OHCHR notes concrete progress on institutional electoral preparations, as well as some signs of openness and dialogue with civil society actors, both essential elements for the credibility and inclusiveness of the process. Beyond establishing and empowering these important institutions, free, fair, credible and inclusive elections require an open political and civic space. This is critical to create the necessary conducive environment for the people of South Sudan to fully exercise their democratic right to vote.

Currently, the rights to freedom of opinion, expression, peaceful assembly, and association all remain severely restricted. Censorship, harassment, arbitrary arrests, and detention of journalists and dissenting voices continue. This impedes genuine public engagement in the electoral process. For instance, it is essential that security institutions cease practices such as incommunicado detention of political and civil society actors who are critical of the government.

The overall human rights situation in South Sudan still remains of great concern. Ongoing inter and intracommunal violence perpetrated by community-based militias and self-defence groups continue to pose significant human rights threats, notably in Warrap, Jonglei, and Eastern Equatoria States.

In 2023, the Human Rights Division of the United Nations Mission in South Sudan documented 885 incidents, affecting 3,340 civilians, including 2,221 men, 516 women and 603 children. Compared to 2022, this represents a 24 per cent increase in the number of incidents and a four per cent decrease in the number of civilian casualties. I would like to highlight that the number of documented abductions increased by 20 percent, while the number of documented victims of conflict-related sexual violence decreased by 57 percent.

The humanitarian situation also remains alarming. According to OCHA, approximately 9 million people continue to experience critical needs, with limited livelihood opportunities and food insecurity. These include more than half a million refugees and returnees that have arrived from neighbouring Sudan. 1.6 million children are at risk of acute malnutrition.

I wish to pay tribute to the numerous aid workers who continue to place their lives at great risk to bring humanitarian relief to communities in need. Regrettably, four of them lost their lives in 2023. We will continue to strongly condemn attacks against humanitarian workers and call for safe and unhindered access for aid workers and organizations.

Excellencies,

Accountability mechanisms for human rights violations and abuses, for violations of international humanitarian law and for adherence to the rule of law remain weak. This contributes to pervasive impunity and lack of effective remedies for victims.

Last year, the High Commissioner had stressed that authorities urgently needed to restore lawful measures to address the overall human rights situation. I reiterate his plea and call on authorities to immediately investigate and prosecute the perpetrators of all human rights violations and abuses.

In 2023, OHCHR noted some progress in the advancement of transitional justice. But progress is slow. The bill on the Commission for Truth Reconciliation, and Healing, and the one on the Compensation and Reparation Authority were presented to the Reconstituted Transitional National Legislative Assembly. They are yet to be adopted and enacted into law.

OHCHR encourages the Government to continue to conduct public consultations on the bills, with key stakeholders including civil society organizations and victims and survivors’ networks to ensure their views and opinions are considered, and that the Bills are in compliance with human rights principles and standards.

OHCHR reiterates its concern and call for the Government of South Sudan to sign the Memorandum of Understanding with the African Union on the establishment of the Hybrid Court for South Sudan. The transitional justice architecture will not function without the Hybrid Court. This Court is expected to prosecute alleged perpetrators.

Finally, I would like to recognize a positive development. On 5 February 2024, South Sudan acceded to the International Covenant on Economic, Social and Cultural Rights, and its Optional Protocol, the Convention on the Rights of Persons with Disabilities, the International Covenant on Civil and Political Rights and we will continue to support the country in making these rights a reality.

Thank you very much.