The African Commission on Human and Peoples’ Rights (the Commission) follows with deep alarm the outbreak of violence and fighting between government forces and their supporters on the one hand and forces aligned with the Sudan People’s Liberation Movement – In Opposition (SPLM-IO) and the resultant threats to human and peoples’ rights and the security of the civilian population in South Sudan.
The African Commission deplores the death and displacement of civilians since the beginning of the current conflict, including the reported indiscriminate aerial bombing in the areas of Nasir and Ulang in Upper Nile and Akobo in Jonglei.
The African Commission condemns the reported death of 20 people from airstrikes and the displacement of over 84,000 people with approximately 50,000 in Nasir and 34,000 in Ulang as well as the more than 10,000 individuals who fled across the border into Ethiopia’s Gambella region.
The Commission expresses its deep concern that the fighting that is expanding to different parts of the country accompanied by arbitrary detention of key political figures and the recent arrest of the First Vice President of the Government of National Unity of South threatens to unravel the 2018 Peace Agreement and to push the country back to civil war.
Considering that these developments pose grave threats to the fundamental rights and freedoms guaranteed under the African Charter on Human and Peoples’ Rights, particularly the right to life (Article 4), the right to personal liberty and security (Article 6), the right to due process and protection from arbitrary detention (Article 7) and the right to peace and security (Article 23), the Commission:
1. Unconditional Cessation of Hostilities:
Urges the parties to the 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) to immediately and unconditionally cease all hostilities in all the areas where fighting broke out.
2. Protection of Civilians:
The Commission urgently reminds the Government and all other parties that they bear legal responsibility to ensure the protection of civilians and that indiscriminate use of force endangering the lives and personal security of civilians constitutes a violation of the African Charter and international human rights amounting to war crimes and crimes against humanity.
3. Responsibility for facilitating and providing humanitarian assistance
The Government of South Sudan and all other parties in the current conflict have the responsibility to create the conditions for assistance and rehabilitation of the displaced and for cooperation with and provide unhindered space for humanitarian action.
4. Respect for Rule of Law and Due Process:
The Government of South Sudan has a binding responsibility under national and international law to uphold due process and protect the personal liberties of all individuals, irrespective of their status. Any measures taken must adhere to legal standards and judicial oversight.
5. Upholding Peace and Security as a Right:
The Government of South Sudan have an obligation under Article 23 of the African Charter as part of ensuring the right of South Sudanese to peace and security to fully and unconditionally cooperate with the initiatives for safeguarding the R-ARCSS as critical measure for restoring peace and stability and preventing South Sudan’s relapse back to civil war and to pursue inclusive dialogue and peaceful means of resolving the disputes.
Reaffirming its unwavering commitment to supporting the Republic of South Sudan in fulfilling its human rights obligations, the African Commission will continue to monitor the situation.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on Human Rights Situation in the Republic of South Sudan, the Focal Point for Human Rights in Conflict Situations and Transitional Justice.
Done this 27th day of March 2025
