As South Sudanese Face Genocide, UN "Human Rights" Council Dithers

At an emergency session of the UN Human Rights Council to discuss the worsening human rights situation in South Sudan, Russia blocked a proposal to strengthen the protection of human rights in the country. Tens of thousands of South Sudanese have been killed and millions displaced since the conflict between South Sudanese President Salva Kiir and his former deputy Riek Machar, members of feuding tribal groups, commenced in 2013.

At the December 14, 2016 emergency session, held upon the request of 16 of the 47 member states, the Human Rights Council considered a resolution which called for the extension of the mandate of the UN Commission on Human Rights in South Sudan by an additional year. (The original mandate of the Commission, created by the Human Rights Council in March 2016, was to monitor, report, and provide recommendations on the situation of human rights in South Sudan for a period of one year.) The resolution also called for the Commission's mandate to be strengthened to include investigating crimes and human rights abuses to ensure accountability. However, Russia successfully introduced oral revisions to the resolution which removed the Commission's one year extension and the strengthening of the Commission's mandate. The resolution as orally revised was adopted without a vote.

Original language:

"13. Decides to extend the mandate of the Commission on Human Rights in South Sudan, composed of three members, for a period of one year beyond its original mandate, renewable as authorized by the Human Rights Council, with the following amended mandate:
(a) To monitor and report, including publicly, on the situation of human rights in South Sudan, and to make recommendations to prevent further deterioration of the situation with a view to its improvement;
(b) To investigate alleged violations and abuses of human rights and related crimes, including those involving sexual and gender-based violence and ethnic violence, to establish the facts and circumstances thereof, and to identify alleged perpetrators of such alleged violations and abuses and of crimes perpetrated with a view to avoiding impunity and ensuring accountability;
(c) To assess past reports on the situation of human rights since December 2013 in order to establish a factual basis for transitional justice;
(d) To provide guidance on transitional justice, including accountability, and reconciliation and healing, as appropriate, and – once the Government commits to ending the violence against the civilian population and to cooperating with the hybrid court for South Sudan – to make recommendations on technical assistance to the Government to support accountability, reconciliation and healing;
(e) To engage with the Government of the Republic of South Sudan, international and regional mechanisms, including the United Nations, the United Nations Mission in South Sudan, the African Union and its African Commission on Human and Peoples' Rights, the Joint Monitoring and Evaluation Commission Chair and civil society, with a view to providing information based on its engagement with relevant stakeholders, and to provide support to national, regional and international efforts to promote accountability for human rights violations and abuses, including those involving sexual and gender-based violence and ethnic violence;
(f) To make recommendations on technical assistance and capacity-building, as appropriate, in the promotion and protection of human rights, including on addressing sexual and gender-based violence and ethnic violence;"

Adopted language:

"13. Decides to reaffirm the mandate of the Commission on Human Rights in South Sudan, with renewed emphasis on the need to establish the facts and circumstances of alleged violations and abuses of human rights with a view to ensure that those responsible are held to account, in order to present additional recommendations to the Council at the 34th session on ending impunity and ensuring accountability"