Update on the Human Rights Situation in South Sudan

By Stephanie Freel, MGA

Following Sudanese independence from British and Egyptian rule in 1956, southern Sudanese leaders swiftly accused Khartoum of failing to create a representative political system. As such, the yearsfollowingindependenceboreunrelentingviolence.OnJuly 9, 2011, the Republic of South Sudan gained independence from its northern counterpart, the Republic of Sudan, through an overwhelming majority referendum: 98 percent of South Sudanese voted in favour of separation. The referendum formed part of the 2005 Comprehensive Peace Agreement, which marked the end of a half century-long civil war between North and South Sudan.

Despite state autonomy, South Sudan remains fraught with ongoing territorial disputes, inter-communal violence, and human rights abuses. This article provides a window into the current situation in South Sudan by assessing the ongoing inter- and intra-state conflicts.

Since the independence of South Sudan, a myriad of conflicts with the North remain unresolved. These tensions relate to the financial division of oil proceeds, border demarcations, territorial claims over the oil-rich region of Abyei, citizenship rights, and political bolstering of rebel groups. Under the Comprehensive Peace Agreement, oil revenues were equally divided between the South (where an estimated 75% of oil reserves are located) and the North (which possesses oil refineries and the pipeline to the Red Sea). The independence of South Sudan marked the end of this revenue sharing agreement – an economic nightmare for South Sudan, given that 98 percent of its Gross Domestic Product relies on petroleum proceeds. The ongoing stalemate on oil talks resulted in South Sudanese military occupation of Abyei in early 2012, bringing oil production to a complete standstill. South Sudan soon encountered a cascade of violence in border regions and a rapidly plummeting economy, with inflation rates reaching 80 percent.

Amidst this inter-state conflict, both promising and worrying political developments have taken place. For instance, the recent withdrawal of South Sudanese military troops from the border region represents a promising step forward in negotiations between Sudan and South Sudan. On the other hand, legislation regarding oil-rich Abyei remains unresolved. In January 2013, South Sudan rejected joint governance with the Republic of Sudan over the region, which would split seats equally in the Joint Abyei Area Legislative Council (AJOC). Grim negotiation prospects have led to calls for international assistance in the process. 

Beyond political issues, the high influx of South Sudanese returning to the region from the north continues to set pressure on underdeveloped infrastructure, and has resulted in tensions with host communities over natural resources. In the wake of independence, South Sudanese populations residing in the Republic of Sudan had their citizenships revoked, effectively rendering them stateless. In May 2012, the first of approximately 500,000 South Sudanese exiled from Sudan arrived in Juba, South Sudan. According to UN High Commissioner for Refugees (UNHCR) statistics, South Sudan currently hosts over 175,000 South Sudanese and Sudanese refugees either exiled or fleeing from the Republic of Sudan. The growing presence of refugees is also reducing agricultural land and sparking tensions with indigenous South Sudanese, resulting in refugee harassment, sexual abuse, and rape.

Compounding these problems are issues of inter-communal violence. Since late 2011, inter-communal violence in South Sudan increased between the Murles and Lou Nuer ethnic groups, two shepherd clans which represent 2 of 200 ethnicities in South Sudan. A 2012 report by the UN Mission in South Sudan (UNMISS) and the UNHCR estimated the death toll at 900 within just 12 days as a result of armed attacks by 6,000 to 8,000 armed youth. Since independence, inter-communal violence has claimed the lives of thousands of South Sudanese and resulted in the abduction of women and children, the destruction of homes and livelihoods, and widespread civilian displacement. These tensions are significantly aggravating internal struggles to improve infrastructural and economic development, political inclusion, and the judicial system.

Despite the initial national fervour surrounding South Sudanese independence, the government is falling short of rallying its citizens under the banner of one flag. A splintering of the population along ethnic lines is increasingly visible, as demonstrated by the growing scope of inter-communal violence. The frightening mix of weak central governance and feeble rule of law, potent non-state actors, and a predatory northern Sudanese state, lead many to question whether South Sudan will become a failed state. Bi-lateral negotiations in the international arena are thus pivotal in ensuring the political and economic viability of South Sudan. Most importantly, civilian protection, judicial recourse, and economic opportunity need to be cultivated in order to diffuse conflict. It remains highly questionable whether these goals will be achieved in the absence of population consultation and political inclusion. Failing to address the root causes will continue to place South Sudan at the brink of large-scale conflict and economic turmoil.