To: All Members of the UN Security Council
Dear Ambassador,
Re: Review of the Mandate of the UN Mission in South Sudan (UNMISS)
Since the latest conflict in South Sudan began more than five years ago, government and opposition forces and their allied militias have consistently targeted civilians and deliberately obstructed humanitarian agencies from reaching people in need and attacking humanitarian workers. Government and opposition forces have attacked health facilities and schools, burnt villages and looted civilian property, exacerbating a dire humanitarian situation and contributing to the creation of yet another lost generation.
A succession of ceasefires, and two peace agreements, have been signed since the crisis erupted in December 2013, all of which have been violated within a matter of days.
Parties to the conflict continue to commit crimes under international law and other serious human rights violations with near total impunity, wanton brutality and a complete disregard for human life. The government’s failure to hold to account alleged perpetrators of crimes under international law signals to them that their actions will go unpunished, and helps perpetuate the destructive cycles of violence, revenge attacks and conflict in the country.
This situation and the hostile operating environment has made it difficult for the UN Mission in South Sudan (UNMISS) to fulfil the four pillars of its mandate, namely: to protect civilians, help create conditions for the delivery of humanitarian assistance, monitor and report on human rights violations and abuses, and support the implementation of the peace agreement.
However, UNMISS still has a crucial role to play in South Sudan and the upcoming review of its mandate offers an opportunity to reflect on the changes needed to enable it to effectively execute its mandate.
To begin with, the Security Council should make strong demands on the Government of South Sudan (GoSS) to immediately take concrete and verifiable steps to improve this environment, and the Security Council must be ready to maintain and impose further travel bans and seize financial assets of individuals who are suspected of perpetrating crimes under international law or serious other human rights violations, or misusing public resources to finance such crimes or violations.
We also call on the Security Council to ensure the following measures are undertaken to strengthen fulfilment of the UNMISS mandate:
• The patrols that UNMISS already undertakes should be more strategic and have a stronger deterrent effect by regularly changing routes, being visible, disembarking and patrolling areas on foot, engaging more deeply with the communities whilst on patrol to effectively ensure the safety and security of civilians and protect women and girls from sexual violence.
• UNMISS should strengthen its early warning assessments for conflict and work with communities to identify conflict hot spots and triggers of conflict at the community level.
• The return, resettlement and reintegration of IDPs and refugees be done in a phased approach that is responsive to the dynamics of each PoC site and locality and in line with international human rights law and standards as enshrined in the 1998 UN Minimum Guiding Principles on Internal Displacement (the Kampala Convention) and the UN High Commissioner for Refugees (UNHCR) minimum standards for safe returns, resettlement and reintegration.
• UNMISS act swiftly and sternly, with the backing of the Security Council, to any act of violence or bureaucratic hurdle that negatively affects the much-needed humanitarian assistance.
• UNMISS steps up its efforts and continues to increase the frequency of public reporting of human rights violations and abuses and consider more and shorter flash reports to promptly expose violations and abuses by State and non-state actors.
• The UNMISS Human Rights Division (HRD) strengthen its efforts to collect and preserve information on individuals implicated in human rights violations and abuses for the purpose of future vetting processes, and in line with the United Nations Human Rights Due Diligence Policy on support to non UN Security Forces.
• UNMISS should proactively share information with the Commission on Human Rights in South Sudan (CHRSS) with due regard to the rights of witnesses and victims.
• UNMISS take all efforts to create a safe environment that enables civil society actors to operate freely and securely. The UNMISS Human Rights Division (HRD) should proactively investigate and issue periodic public reports on freedom of expression and opinion, peaceful assembly and association and related rights.
• UNMISS should strengthen collaboration with civil society actors that are still able to operate in South Sudan, especially those that monitor, document and report on human rights violations and abuses. Collaboration should extend to logistical support to these actors as well as longer-term and hands-on capacity-building support and technical assistance.
• UNMISS Military Liaison Officers (MLOs) should be empowered to report more proactively and detailed on the Cessation of Hostilities Agreement (CoHA) and troop movements to the Security Council to inform its swift action in engaging with parties to prevent or end violations.
• UNMISS should prioritize technical support to the transitional justice process by strengthening its transitional justice department as well as foster more political will for the process.
• UNMISS should actively be involved in the security sector reform process and the cantonment and training of the joint forces.
• UNMISS should collaborate with other actors to actively pursue accountability for crimes under international law and other human rights violations and abuses in South Sudan.