The Committee on the Rights of the Child today concluded its consideration of the initial report of South Sudan, with Committee Experts praising South Sudan’s child act, and raising questions about the recruitment of children by Government forces and armed groups, and about school feeding schemes.
Several Committee Experts commended South Sudan on the child act, which one Expert described as having “ground-breaking provisions”.
Gehad Madi, Committee Expert and Coordinator of the Country Taskforce for South Sudan, expressed serious concern that children continued to be recruited by Government forces and armed groups. There was a lack of support for such children in reintegrating in society, and there was still impunity regarding this crime. What measures were in place to address the situation? Eighty children had been abducted by Government forces and security forces between 2018 and 2020. What was the fate of those children, and what had been done to punish those responsible?
Another Committee Expert said that South Sudan was facing food insecurity, and children and women were particularly affected as a result. What measures were in place to address the challenges of food insecurity and malnutrition? What efforts were being made to reintroduce school feeding schemes?
Addressing the issue of child recruitment, the delegation said that a new action plan on preventing the use of children in armed conflict was signed in 2020. Under the latest plan, committees had been established to collect recruited children, place them in training centres, and then reintegrate them back into their communities. Mobile justices dealt with cases of rights violations against children across the country.
Regarding school feeding schemes, the delegation said that the Ministry of Agriculture had developed a home-grown school feeding programme that was being piloted in schools. In this programme, schools were encouraged to cultivate their own food to feed their students. The World Food Programme planned to soon restore school feeding programmes in some schools.
In closing remarks, Mr. Madi said children in South Sudan faced many issues, and to tackle these, changes in mindset were necessary. The State needed to immediately abolish the recruitment of child soldiers and hold those who recruited children accountable. Mr. Madi called on the State party to give due attention to the Committee’s concluding observations, and called on non-governmental organizations and other stakeholders to also respond to these observations.
In her concluding remarks, Aya Benjamin Libo Warrille, Minister of Gender, Child and Social Welfare of South Sudan and head of the delegation, said that issues had emerged during the dialogue that the Government was committed to addressing. It would work to identify gaps, seek solutions and implement the Committee’s recommendations. The Government aimed to uphold the rights of all children in South Sudan.
The delegation of South Sudan consisted of representatives from the Ministry of Justice and Constitutional Affairs; Ministry of Gender, Child and Social Welfare; Transitional National Legislative Assembly; Ministry of Foreign Affairs and International Cooperation; South Sudan People’s Defense Forces; Ministry of General Education and Instructions; and the Permanent Mission of South Sudan to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of South Sudan at the end of its ninety-first session on 23 September. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s ninety-first session and other documents related to the session can be found here.
The Committee will next meet in public on Monday, 5 September at 3 p.m. to consider the combined fifth and sixth periodic report of Germany (CRC/C/DEU/5-6).
Report
The Committee has before it the initial report of South Sudan (CRC/C/SSD/1).
Presentation of Report
AYA BENJAMIN LIBO WARRILLE, Minister of Gender, Child and Social Welfare of South Sudan and head of the delegation, said that South Sudan had made efforts to implement the Convention and its Optional Protocols through the domestication and development of relevant policies at various institutions at all levels of the Government. Among others, policies were set up on children without appropriate care, national disability and inclusion, inclusive education, justice for children, social protection, and comprehensive action on children associated with armed conflict. The dialogue would inform the country’s approach to considering and implementing the Convention. It would also enhance the Government’s implementation of the reform provisions of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, 2018, which included the establishment of transitional justice institutions, judicial reforms and legislative reforms. The Minister expressed the commitment of the Government of South Sudan to the full implementation of all obligations enshrined in the Convention.
Questions by Committee Experts
GEHAD MADI, Committee Expert and Coordinator of the Country Taskforce for South Sudan, congratulated South Sudan on submitting an open and transparent report that identified many issues. The Committee did not wish to judge the State, but rather to assist it in the implementation of the Convention. The two main instruments to implement the Convention were the child act and the bill of rights. What progress had been made to bring customary laws into compliance with the Convention? The Committee had received the State’s report under the Optional Protocol on children in armed conflict, but the report under the Optional Protocol on the sale of children was overdue. What steps had been taken to ratify the third Optional Protocol?
There were several reports of mismanagement of funds in South Sudan. What measures had been taken to tackle corruption, and how did the Government ensure an appropriate budget for measures to ensure children’s rights? What steps had been taken to develop a national plan on promoting the rights of the child? The Government faced challenges in ensuring coordination between national and state levels. What steps had been taken to overcome these? Did the Ministry of Gender, Child and Social Welfare have the authority to implement its mandate?
The State had reported that it was not prepared to establish an independent child commission. What had been done to address this? Data collection was a continuing issue that needed to be addressed. What measures were in place to make the public aware of the child act and the Convention? Were guidelines in place for businesses on protecting children’s rights? What measures had been taken to enforce the definition of childhood as being under 18 years of age?
Another Committee Expert said that the Government had developed several reforms at the legislative level, and the challenge now was to implement them. The civil registration act of 2018 was an important act, but the lack of a birth registration system was a serious concern. Most births took place at home, so it was necessary to have a system that could capture births and deaths in the home. What measures were in place to implement a functioning civil registration system? Had measures been taken to raise awareness about the importance of birth registration? Had the State party considered ratifying the international conventions on statelessness?
Children had no access to information or the media in some parts of South Sudan, and were not informed about issues taking place in the country. Many parents were illiterate. What measures were in place to address these challenges?
A Committee Expert asked about measures to put an end to discrimination against girls in all spheres, to guarantee that girls could access education and health, and to strengthen the national gender policy. Was there a mechanism that monitored the rights of children? What measures were in place to protect children with HIV/AIDS? What training was provided to professionals that worked with children?
The death penalty was still applied to children. What measures were being taken to ensure the non-application of the death penalty to children, and punish those who carried it out?
Was the State party taking steps to renew the national action plan on the removal of mines? What measures would the State party take to eliminate the preventable mortality of children? Had tools been developed to listen to children’s views?
One Committee Expert said that section 56 of the child act and gender-based violence management legislation were commendable. Penalties for teachers who engaged in corporal punishment were in place. Were there any concrete examples of the application of such punishment? There were reports that cases of child abuse were underreported, and that some cases only went to customary courts. What laws were used to judge such cases in customary courts?
Child marriage was punished by up to seven years imprisonment. Who did this penalty apply to? What measures had been taken to address child marriage? The practice of female genital mutilation was concentrated in the northern border regions. The practice was criminalised, and 80 per cent of the population opposed it. What had been done to discourage the practice?
What efforts were being taken to address gender-based violence? The Committee commended legislation banning corporal punishment. What non-legislative measures had been taken to prevent the practice? What efforts had been taken to establish a child helpline?
Responses by the Delegation
The delegation said that the law review commission examined compliance with the standards of the child act and the Convention, as well as numerous other laws. The Ministry of Justice had established a customary law centre to examine customary laws on issues of marriage, inheritance and succession. Legislation on customary laws would be implemented within two years. Anti-corruption laws were being amended to enhance the prosecution powers of the anti-corruption commission. There was also an oversight body dealing with issues of financial management reforms. The Human Rights Commission would be given more powers in accordance with the Paris Principles to allow it to better protect the rights of children. The child act defined a child, following the Convention, as being a person under the age of 18. The Constitution prohibited the use of the death penalty on persons under the age of 18, established the age of marriage as being 18 and above, and prohibited forced marriage. South Sudan had acceded to the two conventions on statelessness last year.
The Revitalised Agreement on the Resolution of the Conflict in South Sudan established oversight committees to monitor the use of public funds and implement measures to prevent corruption. The comprehensive action plan on the rights of the child had been passed in April this year, but the Government had yet to operationalise it.
The Ministry of Gender, Child and Social Welfare had a broad mandate, and needed adequate human resources to implement its mandate. The budget of the Ministry was 0.6 per cent of the overall budget last year. However, this year, it would receive an increased budget and be able to introduce new programmes. The Ministry aimed to establish a child commission soon. A facility to collect disaggregated data on children was being established. The Ministry was raising awareness about the child act and the Convention though training workshops. The State had not developed guidelines to protect children in business sectors, but would consider this as a future initiative. The civil registry act ensured that births were registered and protected children from rights violations. The Ministry was working hard to ensure that this act was operationalised.
The Government had established a gender focal person in all Ministries, and trained public officials on gender issues and gender planning. The Government was currently reviewing the national gender policy.
Technical working groups on land mine action were held regularly, and an action plan on protecting persons with disabilities had been implemented. Reducing the high maternal and infant mortality rates was another major challenge. South Sudan had made a commitment of zero tolerance for gender-based violence, and a commitment to reducing maternal and infant mortality. A study on investment to meet targets on reducing mortality was being carried out.
Children’s participation in political life was important. The Government promoted children’s participation on various national days, such as the Day for Girls and the Day against Children in Armed Conflict. The Government always ensured that children’s views were taken into consideration.
Around 98 per cent of the survivors of gender-based violence were women and girls. The needs of both female and male survivors of gender-based violence, including children, were taken into consideration by the Government. Draft legislation on female genital mutilation had been prepared and was being deliberated. Campaigns were being held to end child marriage by 2030, and human rights champions appointed by the African Union were travelling around the country to encourage an end to child marriage. A strategic action plan on ending child marriage by 2030 had been released this February. Alcohol and other drugs were a major cause of family violence, and the State was working to address substance abuse. The Ministry of Gender, Child and Social Welfare aimed to establish a child helpline as well as a gender-based violence hotline in the coming year with the support of the World Bank.
Questions by Committee Experts
A Committee Expert commended South Sudan on the child act, which had ground-breaking provisions. Were its provisions in conflict with customary law? Did customary law have parity with national legislation, or did national legislation have superiority? The Expert called for a campaign to eliminate female genital mutilation entirely. The Expert was happy to note that the death penalty was not allowed to be implemented on persons below the age of 18. How did the State party ensure that this legislation was abided by?
GEHAD MADI, Committee Expert and Coordinator of the Country Taskforce for South Sudan, said he understood “customary laws” as a form of “family law”. Did customary laws deal with issues such as inheritance and marriage?
A Committee Expert asked if life sentences could be imposed on children. What specific plans were in place to clear mines and reduce maternal and infant mortality?
Another Committee Expert said that sexual abuse against girls was prohibited in the child act. Were there provisions prohibiting sexual violence against boys? One of the main problems relating to violence against children was substance abuse. What measures were in place to stop cheap alcohol coming into South Sudan from neighbouring countries? Was polygamy a contributor to violence against children? How was polygamy addressed? Did the State party intend to source finances for measures to promote the rights of children domestically or from overseas?
A Committee Expert said that it was not clear what measures had been taken to improve children’s access to information or the media and other means of communication. Had measures been taken to provide households with telephones?
One Committee Expert asked about the laws examined by the customary law commission. Were children’s rights being considered by the Human Rights Commission? The Expert congratulated the State on its efforts to raise awareness about the use of children in armed conflict. What initiatives were being taken to prevent the practice?
Another Committee Expert asked for clarification regarding whether life sentences and the death penalty did not apply to persons who were children at the time of committing an illegal act, or at the time of prosecution.
Responses by the Delegation
The delegation said that there was a limited number of health facilities, so the Government was working to open more health facilities in rural areas through the women health initiative. The Government needed to train midwives and health workers to attend to deliveries. Child marriage was another contributing factor to maternal mortality. The State was encouraging children to be immunised and to receive health check-ups frequently.
Substance abuse was a serious issue in South Sudan. The Government was working to regulate the use of substances and support the rehabilitation of children who abused substances.
Polygamy led to the abuse of children. Children born in polygamous families ended up living and working on the street, and were often subjected to violence. Polygamy needed to be regulated in South Sudan. The State ensured that the views of children were respected in child custody cases.
During the COVID-19 pandemic, the “Education on Air” initiative had been launched, which provided long-distance education for children. Youth were involved in consultations regarding initiatives to combat gender-based violence and female genital mutilation. In the 2021 census, data on children with disabilities was collected and disaggregated based on disability. Children were required to submit birth certificates to enrol in school. Children without birth certificates were asked to receive an age assessment at a hospital. The Ministry of Education was encouraging girls to stay in school.
The Constitution was the only supreme law, and customary law was not prioritised over common law. The child act mentioned only female children in article 26, but other provisions protected male children from abuse. Female genital mutilation was also listed as a punishable offence in this law. Common law could not be applied retrospectively. When a child committed an offence, they could not be punished with the death penalty after reaching the age of 18. Children had not been issued life imprisonment sentences. Children in prisons were provided with training from the United Nations Development Programme, and the Government was working to establish reformatory schools.
The Human Rights Commission monitored the activities of the Government and ensured that it upheld human rights and children’s rights. It could receive complaints from children who were abused.
South Sudan had established a juvenile court, and training had been provided to judges and prosecutors. South Sudan was engaged in reforming the judicial system, and aimed to bring in judges from other common law jurisdictions.