Human rights violation and its protection in the Republic of South Sudan
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Date
2013-12
Authors
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Journal ISSN
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Publisher
Kampala International University, school of Law
Abstract
This thesLs~ Is an assessment on the adequacy of the law on human ri~ihts protection in the Republlc of South Sudan as well as examining the level of human rights violation and its protection in the Republlc of South Sudan. The researcher examine the level of Government’s commitment in addressing the circumstances leading into the protection of human Rights. It
examine the compatibillty of key National legislations in ilne with International and Regional Human Riqhts standard laws in Protection of Human Riqhts in South Sudan as well as examining human ri:ghts protection within South Sudan in the context of Regional and International arrangement. And the method used in the study was the descriptive designs or qualltative design, In which the study is based on the information acquired from Unpubllshed and Publlshed materials. I also focus on examining the different forms and causes of Human Rights violations in South Sudan as well as on Human Rights Protection mechanism provides for by the Law at nationai~, Regional and International level. The study intended to examine the law enforcement mechanism and the justifiability of the exIsting Statutes with a aims of establishing the extent to which these laws provide both reparation and restoration to both victims and perpetrators of human ri~jhts violations in South Sudan, The researcher focus on the relevant international legislations connected to the subject and assessment thereoi~ and the extent of implementation. I conduded that;, protection of human rights in South Sudan is one of the greater priority in which the Government is yet to address as it~s much emphasizes, and has been demonstrated and incorporated in several Laws of South Sudan which were adopted between 2006 and 201Z many of whom have aspects related to human ri~’hts protection. As well as the major impediment to the Protection of Human Rights in South Sudan, are the bad Cultural practices which leads into the violations of women ‘s rights; inter-tribal and ethnic conflicts contributing to large-scale loss of life, massive internal displacement and proliferation
of arms; Lack ofInstitutional capacity ofgovernment;, legislature andjudiciary induding Sudan
People~c Liberation Army (SPLA) and other law enforcement Agents, to protect and promote
human rights, Tense poiltical dilmate among rullng and dominant Sudan People ~s Liberation
Movement (SPLM) and opposition parties as well as poiltically motivated armed conflict between
SPLA and breakaway factions; Hiqh level of iilteracy and lack of awareness of Human Rights
and democratic values; Widespread impunity and lack of institutional and personal
accountabillty for human r:qhts violations; Ineffective justice system and lack of access to
appropriate and affordable justice; widespread violations of human rights in administrations of
justice, induding perennial delays in trials, excessive remands, prolonged pre-trail detentions,
and poor prlsvn conditions. I recommended that Government should hold perpetrators of
torture and inhuman degrading treatment accountable for their action without immunity;
investigate the causes of the conflict;, arrest and try the suspects and prosecute the
perpetrators of violence in areas affected in South Sudan; Government in collaboration with
NGO5 and international organizations should strengthen peace building conferences and enter
community dialogue to promote peace, harmony and co-existence among different ethnic
communities in South Sudan; Government should carry out a comprehensive disarmament
campaiqn to remove illegal arms possessed by individuals and communities in South Sudan;
And to ratify all international and regional human r,~’hts instruments.
Description
A thesis presented to the College Of Higher Degrees And Research Kampala International University in partial fulfillment of the requirements for the award of Master Degree of Laws
Keywords
Human rights violation, Human rights violation and its protection, Republic of South Sudan