1. The African Commission on Human and Peoples’ Rights (the African Commission) is following up with concerns, about the accelerating state of unrest in Kudok, the Capital of Fashoda County in the Upper Nile State, arising from the inter-communal and sub-national conflicts perpetrated by militia forces from the Northern Holei State, aided by several Sudan People’s Liberation Amy in Opposition (SPLA-IO) and Soldiers.
2. It is reported that at least 10,000 civilians in Kodok are at risk of attack while others have reportedly fled to the border or crossed into Sudan whereas reports of deaths, injuries, and abductions continue to rise with rising humanitarian needs leading to a state of fear amongst the civilian population, especially women and children, who are now running in search of safety to neighbouring settlements, UN bases and others into the bush and swamps;
3. The Commission is concerned with these reports that, if true, would stand to constitute a grave violation of several rights enshrined in the African Charter on Human and Peoples’ Rights (the African Charter) including Article 1 on the obligation to adopt legislative or other measures to give effect to the provisions of the African Charter; Article 4 on the right to respect for the life and integrity of the person; Article 3(2) on the Right to Equal protection of the law; Article 6 on the right to liberty and the security of person; Article 16 on the right to enjoy the state of health; Article 20 on the right of all peoples to existence; and Article 23 on the right of all peoples to peace and security; and various declarations and resolutions adopted specifically for the Republic of South Sudan calling for among other things restoration of peace and security; and
4. While remaining seized with the matter, the Commission respectfully urge the Government of the Republic of South Sudan
- to urgently deploy protection measures to avert the imdending attacks on civilians
- to ensure immediate restoration of peace and security in the region;
- to launach an independent investigation into the factors leading to and the range of violations that tool place;
- to faciliate in collaboration with humanitrain actors and the UN the protection of individuals and communities affected by the crisis and
- to initiate the required institutional, legislative and policy measures to end the conditions that lead to the eruption of violent conflicts.
Issued in Banjul, Republic of the Gambia, 19 December 2022
Hon. Commissioner Solomon Ayele Dersso
The country rapporteur on the situation of human rights in
the Republic of South Sudan