Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
The United Nations, human rights organizations, and media reported the government or its agents committed arbitrary or unlawful killings. Security forces, opposition forces, armed militias affiliated with the government and the opposition, and ethnically based groups were also responsible for extrajudicial killings in expanding conflict zones (see section 1.g.).
There were numerous reported unlawful killings similar to the following example: On July 11, John Gatluak, a radio journalist was shot and killed, allegedly by government forces, when the Terrain Hotel compound in Juba was attacked. According to multiple sources, Gatluak was targeted for being an ethnic Nuer.
Security and opposition forces, armed militias affiliated with the government or the opposition, and ethnically based groups abducted an unknown number of persons, including women and children (see section 1.g.). There were regular reports security forces conducted arbitrary arrests, including of journalists, civil society actors, and supposed political opponents.
There were numerous reported disappearances similar to the following: On June 4, journalist Isaac Vuni and his brother were kidnapped from their home near the border with Uganda, allegedly by men in military uniforms. On September 26, Vuni’s body was discovered on a farm in the vicinity. Vuni reportedly died from a gunshot wound. While the motivation for his murder remained unclear, Vuni had previously been detained in connection with his work. In 2009 he was arrested for reporting the SPLA and the government was implicated in a financial scandal. In 2011 he was detained during a crackdown on local journalists.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The transitional constitution prohibits such practices, but security forces tortured, beat, and harassed political opponents, journalists, and human rights workers (see sections 2.a. and 5). Government and opposition forces, armed militia groups affiliated with both, and warring ethnic groups committed torture and abuses in conflict zones (see section 1.g.).
There were numerous reported abuses similar to the following example: According to UN reporting, in July, during fighting in Juba and in the days following the fighting, government soldiers raped women and girls in the PoC sites and in area homes.
Prison and Detention Center Conditions
Prison conditions were harsh and potentially life threatening. Overcrowding and inadequate medical care at times resulted in illness and death. While some prisons employed doctors, medical care was rudimentary, and prison physicians often had inadequate training and supplies. There were reports of abuse by prison guards.
Physical Conditions: Men and women were generally, but not always, held in separate areas, but male and female inmates often mixed freely during the day due to space constraints. Due to overcrowding authorities did not always hold juveniles separately from adults and rarely separated pretrial detainees from convicted prisoners. Children, especially infants, often lived with their mothers in prison.
Health care and sanitation were inadequate, and basic medical supplies and equipment were lacking. According to NGOs, prisoners received one meal per day and relied on family or friends for additional food. Potable water was limited. In some locations prisoners slept in overcrowded open hallways and buildings lined with bunk beds. Ventilation and lighting were inadequate.
Malnutrition and lack of medical care contributed to inmate deaths, although no statistics were available.
Detention centers were under the control of local tribal or state authorities, and conditions were uniformly harsh and life threatening. Many facilities in rural areas consisted of uncovered spaces where authorities chained detainees to a wall, fence, or tree, often unsheltered from the sun. As with state run prisons, sanitary and medical facilities were poor or nonexistent, and potable water was limited. Detainees sometimes spent days outdoors but slept inside in areas that lacked adequate ventilation and lighting.
Conditions in SPLA run detention facilities were similar, and in some cases worse, with many detainees held outdoors with poor access to sanitary or medical facilities.
The UN Mission in South Sudan (UNMISS) maintained facilities at PoC sites in Juba, Malakal, Bentiu, and Bor to hold IDPs who were criminal suspects. Authorities did not intend the holding facilities to house IDPs for more than 72 hours but sometimes held IDP suspects longer due to delays in determining how to treat individual cases. UNMISS observed prisoners daily and offered medical treatment for serious complications. Prisoners received food twice a day.
The National Security Service (NSS) operated a detention facility in Juba that held civilian prisoners (see section 1.d.).
Administration: The National Prison Service (NPS) continued weekly reporting of prisoner totals from all state prisons to its Juba headquarters, including statistics on juveniles and persons with mental disabilities (see section 1.d.). There were no prison ombudsmen.
Nonviolent offenders were kept with violent offenders because of resource and spatial constraints. There were a reported 132 juveniles in detention. The NPS reported holding 162 inmates with mental disabilities determined by a judge to be sufficiently dangerous (and “mentally ill”) after referral by family or the community, incarcerating, medicating, and keeping them in detention until a medical evaluation revealed they were no longer ill and could depart.
The NPS allowed prisoners access to visitors and permitted them to take part in religious observances, but NSS and SPLA authorities were less likely to do so. The NPS allowed prisoners to submit complaints to judicial authorities without censorship and to request investigation of allegations of inhuman conditions; prison authorities sometimes investigated such allegations, although they seldom took action.
Independent Monitoring: The NPS permitted visits by independent human rights observers, including UNMISS human rights officers, nongovernmental observers, international organizations, and journalists. Although authorities sometimes permitted monitors to visit detention facilities operated by the SPLA, they rarely, if ever, permitted monitors to visit facilities operated by the NSS, which held both military prisoners and civilians without legal authority.
d. Arbitrary Arrest or Detention
The transitional constitution prohibits arbitrary arrest and detention without charge. The government, however, arrested and detained individuals arbitrarily. Since the start of the crisis in 2013, there were numerous reports of arbitrary arrests and detentions (see sections 1.a., 1.c., and 1.g.). While not legally vested with the power to arrest or detain civilians, the SPLA often did so. The NSS also routinely detained civilians. Security services rarely reported such arrests to police, other civilian authorities, or, in the case of foreigners arrested, diplomatic missions. Police also routinely arrested civilians based on little or no evidence prior to conducting investigations and often held them for weeks or months without charge or trial.
There were numerous reported arbitrary arrests or detentions similar to the following example: On June 26, men in military intelligence uniforms arrested the former governor of newly created Wau State, Elias Waya Nyipuoch, at his residence in Juba. He remained in detention, and by year’s end no charges had been brought against him. Nyipuoch had been relieved of office on June 24.
ROLE OF THE POLICE AND SECURITY APPARATUS
The South Sudan National Police Service, under the Ministry of Interior, is responsible for law enforcement and maintenance of order. It consisted largely of former SPLA soldiers, was poorly trained, corrupt, and widely distrusted. Authorities often based detentions on accusations rather than investigations. They rarely investigated complaints of police abuse. Police often went months without pay; they solicited bribes or sought compensation, often in the form of food or fuel, for services rendered to civilians.
The SPLA is responsible for providing security throughout the country and ostensibly operates under the Ministry of Defense and Veterans’ Affairs; current and former military personnel staff the ministry. The SPLA does not have law enforcement authority, unless acting at the request of civil authorities. Nevertheless, the SPLA regularly exercised police functions, in part due to the limited presence and general ineffectiveness of law enforcement in many areas. It routinely detained persons, including in SPLA run detention facilities to which monitors generally had little or no access. The SPLA’s approach to internal security and civilian disarmament was often unsystematic and disproportionate, contributing to conflict within and between communities while undermining the government’s legitimacy in conflict areas. The law requires cases of SPLA abuse of civilians to be heard in civilian courts, but there were no reports of cases being referred.
The NSS, which has arrest and detention authority only in matters relating to national security, often detained civil society activists, businesspersons, NGO personnel, journalists, and others to intimidate them, particularly if the NSS believed they supported opposition figures. Authorities rarely investigated complaints of arbitrary detention, harassment, excessive force, and torture.
Impunity of the security services was a serious problem. Although some internal investigations within the army and police were reportedly launched, no cases of security sector abuse were referred to civilian courts. According to media reports, the SPLA court-martialed at least 60 soldiers accused of looting and other human right abuses in July in Juba; however, undue command influence over the military justice system was a persistent problem.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
While the law requires police to bring arrested persons before a public prosecutor, magistrate, or court within 24 hours, there were no public prosecutors or magistrates available below the county level in most areas. Court dockets often were overwhelmed, and cases faced long delays before coming before a judge. Police may detain individuals for 24 hours without charge. A public prosecutor may authorize an extension up to one week, and a magistrate may authorize extensions of up to two weeks. Authorities did not always inform detainees of charges against them and regularly held them past the statutory limit without explanation. Police sometimes ignored court orders to bring arrested persons before the court. Police, prosecutors, defense lawyers, and judges were often unaware of the statutory requirement that detainees appear before a judge as quickly as possible. Police commonly conducted arrests without warrants, and warrants were often irregular, handwritten documents. Warrants were commonly drafted in the absence of investigation or evidence.
The code of criminal procedure allows bail, but this provision was widely unknown or ignored by justice sector authorities, and they rarely informed detainees of this possibility. Because pretrial appearances before judges often were delayed far past statutory limits, authorities rarely had the opportunity to adjudicate bail requests before trial. Those arrested had a right to an attorney, but the country had few lawyers, and detainees were rarely informed of this right. The transitional constitution mandates access to legal representation without charge for the indigent, but defendants rarely received legal assistance if they did not pay for it. Authorities sometimes held detainees incommunicado.
Arbitrary Arrest: Security forces arbitrarily arrested opposition leaders, civil society activists, businesspersons, journalists, and other civilians due to ethnicity or possible affiliation with opposition forces. The SPLA and NSS often abused political opponents and others whom they detained without charge. Ignorance of the law and proper procedures also led to many arbitrary detentions. Many justice sector actors, including police and judges, operated under a victim-centric approach that prioritized restitution and satisfaction for victims of crime, rather than following legal procedure. This approach led to many arbitrary arrests of citizens who were simply in the vicinity when crimes occurred, were of a certain ethnicity, or were relatives of suspects. For example, there were numerous reports women were detained when their husbands, accused of having unpaid debts, could not be located.
Pretrial Detention: Lengthy pretrial detention was a problem, due largely to the lack of lawyers and judges, the difficulty of locating witnesses, misunderstanding of constitutional and legal requirements by police, prosecutors, and judges, and the absence of a strong mechanism to compel witness attendance in court. The length of pretrial detention commonly equaled or exceeded the sentence for the alleged crime. Estimates of the number of pretrial detainees ranged from one-third to two-thirds of the prison population. The chronic lack of access to law enforcement officers and judicial systems became even more severe as armed conflict displaced officials (see section 1.g.). In October the NPS reported approximately 30 children were being held in pretrial detention in Juba Central Prison, some for up to eight years.
Detainee’s Ability to Challenge Lawfulness of Detention before a Court: The Code of Criminal Procedure Act, 2008 (Article 50 (305)) provides compensation for wrongful arrest if the court determines there was no sufficient ground for detention. In practice, there were no known cases where an appellant successfully sought compensation for wrongful detention.
e. Denial of Fair Public Trial
The transitional constitution provides for an independent judiciary and recognizes customary law. While the law requires the government to maintain courts at federal, state, and county levels, lack of infrastructure and trained personnel made this impossible, and few statutory courts existed below the state level.
In the majority of communities, customary courts remained the principal providers of justice services. Customary courts maintained primary authority to adjudicate most crimes other than murder. Customary courts can deal with certain aspects of murder cases if judges remit the cases to them to process under traditional procedures and determine compensation according to the customs of the persons concerned. If this happens, the judge can sentence the individual who commits a killing to no more than 10 years. Government courts also heard cases of violent crime and acted as appeals courts for verdicts issued by customary bodies. Legal systems employed by customary courts varied, with most emphasizing restorative dispute resolution and some borrowing elements of sharia (Islamic law). Government sources estimated customary courts handled 80 percent of all cases due to the capacity limitations of statutory courts.
Political pressure, corruption, discrimination toward women, and the lack of a competent investigative police service undermined both statutory and customary courts. Patronage priorities or political allegiances of traditional elders or chiefs commonly influenced verdicts in customary courts. Despite numerous pressures, some judges appeared to operate independently.
Human rights organizations raised concerns about a court martial that reportedly convicted approximately 77 soldiers of crimes associated with the July violence. In early August, monitoring groups were told there would be a court-martial and they would be provided with information so they could attend the proceedings. Approximately two weeks later, they were informed the proceedings had already taken place. An advocate for one of the accused reported he had not had time to confer with his client.
Under the transitional constitution defendants are presumed innocent and have the right to be informed promptly and in detail of charges (with free interpretation as necessary), be tried fairly and publicly without undue delay, be present at any criminal trial against them, confront witnesses against them, present witnesses and evidence, not be compelled to incriminate themselves, and to legal counsel.
Despite these protections, law enforcement officers and statutory and customary court authorities commonly presumed suspects to be guilty, and suspects faced serious infringements of their rights. Free interpretation was rarely, if ever, offered. Most detainees were not informed promptly of the charges against them. Prolonged detentions often occurred, and defendants generally did not have adequate access to facilities to prepare a defense. While court dates were set without regard for providing adequate time to prepare a defense, long remands often meant detainees with access to a lawyer had sufficient time to prepare. Defendants generally did not have access to government evidence, which often was minimal due to the government’s lack of forensic capability. Magistrates often compelled defendants to testify, and the absence of lawyers at many judicial proceedings often left defendants without recourse.
Public trials were the norm both in customary courts, which usually took place outdoors, and in statutory courts. Some high level court officials opposed media access to courts and asserted media should not comment on pending cases. The right to be present at trial and to confront witnesses was sometimes respected, but in statutory courts, the difficulty of summoning witnesses often precluded exercise of these rights. No government legal aid structure existed.
Defendants did not necessarily have access to counsel or the right of appeal, and discrimination against women was common. Some customary courts, particularly those in urban areas, had fairly sophisticated procedures, and verdicts were consistent. Some customary court judges in Juba kept records that were equal to or better than those kept in government courts.
POLITICAL PRISONERS AND DETAINEES
There were reports of political prisoners and detainees, which civil society groups estimated to number in the dozens at any given time. Authorities typically held them from a few hours to a few days or weeks prior to release, usually without charge, reportedly in an effort to intimidate or stifle opposition.
For example, Professor Leonzio Angole Onek, Dean of the College of Applied and Industrial Sciences at the University of Juba, was arrested in December 2015 and detained until April 25 without charge. According to Amnesty International, Onek was one of 35 individuals detained illegally at NSS headquarters in Juba. Reportedly, most had been detained for contacts with the SPLM-IO and/or SPLA-IO. Onek was released in April, apparently because of a worsening medical condition.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Statutory and customary courts provided the only options for those seeking to bring claims to address human rights violations, and these claims were subject to the same limitations that affected the justice sector in general.
The government rarely provided proportionate and timely restitution for the government’s confiscation of property.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The transitional constitution prohibits interference with private life, family, home, and correspondence. Authorities, however, reportedly violated these prohibitions.
To induce suspects to surrender, officials at times held family members in detention centers.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The transitional constitution provides for freedom of speech and press. The government and its agents frequently violated these rights, however, and the downward trend in respect for these freedoms since 2011 continued.
Freedom of Speech and Expression: Civil society organizations must register with the government under the 2013 NGO Act (and the subsequent 2016 Act). The government regularly attempted to impede criticism by monitoring, intimidating, harassing, arresting, or detaining members of civil society who publicly criticized the government.
Press and Media Freedoms: The government maintained strict control of media, both print and electronic. The government suppressed dissenting voices, forcing some civil society organizations and media houses to shut down or flee the country. Most organizations practiced self-censorship to ensure their safety. During the year, the government temporarily closed newspapers for printing content deemed antigovernment. The newspapers were generally allowed to reopen a few days later. One newspaper, the Nation Mirror, was closed on September 14 after publishing the details of a report by international advocacy group The Sentry that alleged misuse of state funds by the nation’s leaders, and remained closed at year’s end. In November, NSS closed the independent radio station Eye Radio, reportedly because it aired a voice clip from SPLM-IO leader Machar; the station resumed broadcasts more than one week later. Since the outbreak of conflict in 2013, the government tried to dictate media coverage of the conflict and threatened those who tried to publish or broadcast the opposition’s views. NSS regularly harassed, intimidated, and summoned journalists for questioning. The environment for media workers remained precarious throughout the year.
Authorities made some progress on implementing the three media bills signed into law in 2013, which were intended to resolve disputes between the government and journalists through established boards responsible for the right to access information, public service broadcasting, and media authority. President Kiir appointed chairpersons and members of the boards.
Government officials or individuals close to the government regularly interfered in the publication of articles and broadcasting of programs, and high-level government officials stated press freedom should not extend to criticism of the government or soliciting views of opposition leaders.
Violence and Harassment: Security forces commonly intimidated or detained journalists whose reporting they perceived as unfavorable to the military or government. Security forces confiscated or damaged journalists’ equipment and restricted their movements. During the year, journalists were interrogated, harassed, detained, and imprisoned, and there were instances of severe violence and suspicious death. NSS representatives frequently harassed journalists by detaining them at NSS headquarters or local police stations without formal charges. Government harassment was so pronounced that several journalists fled the country. Journalists and media agencies that reported on news of the opposition could expect questioning and possibly closure. Journalists in Juba experienced threats and intimidation and routinely practiced self-censorship. On several occasions high level officials publicly used intimidating language directed toward media outlets and representatives.
There were numerous reported such abuses similar to the following example: On July 16, Alfred Taban, a journalist and editor in chief of the Juba Monitor, was arrested after publication of an editorial in which he called for the removal of President Kiir and First Vice President Machar, criticizing them for their failure to implement the August 2015 peace agreement. Taban was released on bail 13 days later. At year’s end, there was no date set for his trial.
On October 11, Malek Bol, a reporter for the Arabic-language daily al-Maugif, was found badly injured and showing signs of torture in a cemetery in Juba. According to Reporters Without Borders, fellow journalists found him three days after he disappeared. Bol had recently posted an article on social media critical of President Kiir.
In December 2015, NSS members arrested Joseph Afandi, an editor for the Arabic daily El Tabeer, at the newspaper’s offices in Juba after he wrote an editorial critical of the ruling party. Afandi was released without charge six weeks later. According to international watchdog agencies, Afandi was abducted in March, severely tortured, and dumped in a graveyard four days later.
The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority. The government, however, targeted and intimidated individuals who were critical of the government in open online forums. Additionally, in an October 12 press statement, Information Minister Michael Makuei Lueth threatened to “disconnect” social and other online media, after (false) rumors of the president’s death circulated and contributed to widespread fear of violence or a coup in Juba. The internet was unavailable in most parts of the country due to lack of electricity and communications infrastructure. According to the International Telecommunication Union, 18 percent of the population used the internet in 2015.
ACADEMIC FREEDOM AND CULTURAL EVENTS
There were no known government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
FREEDOM OF ASSEMBLY
The transitional constitution provides for freedom of peaceful assembly, and the government generally respected this right, but many citizens did not gather due to fear of targeted violence. Security officials lacked nonviolent crowd control capabilities and at times fired live ammunition into the air to disperse crowds.
FREEDOM OF ASSOCIATION
The transitional constitution provides for freedom of association, but the government did not respect this right for those suspected of associating with or having sympathies for opposition figures (see section 1.g.). Some civil society leaders interpreted the 2012 Political Parties Act as an attempt to suppress opposition to the SPLM (see section 3).
In February the president signed into law a bill that strictly regulates the activity and operations of civil society. The law focused particularly on NGOs working in the governance, anticorruption, and human rights fields, and imposed a range of legal barriers including limitations on the types of activities in which organizations can engage, onerous registration requirements, and heavy fines for noncompliance.
During the September 2-5 visit of the UN Security Council (UNSC) to South Sudan, UNSC Permanent Representatives met with CSOs that argued in favor of the deployment of a Regional Protection Force. Before the UNSC delegation had even left Juba, security forces began to target CSOs, detaining and threatening several CSO representatives. Security officials informed others they had to shut down their operations and their assets would be seized, because of the “antigovernment” messages they had been spreading.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The transitional constitution provides for freedom of internal movement, foreign travel, and repatriation. The government, however, often restricted these rights, and routinely blocked travel of political figures within the country and outside the country. The transitional constitution does not address emigration.
Abuse of Migrants, Refugees, and Stateless Persons: Refugees sometimes suffered abuse, such as armed attacks, killings, gender-based violence, forced recruitment, including of children, and forced labor, according to the UN High Commission for Refugees.
In-country Movement: IDPs remained on UNMISS PoC sites due to fear of retaliatory or ethnically targeted violence by armed groups, both government- and opposition-affiliated. The government often obstructed humanitarian organizations seeking to provide protection and assistance to IDPs and refugees. Continuing conflict between government and opposition forces restricted the movement of UN personnel and the delivery of humanitarian aid (see section 1.g.).
Emigration and Repatriation: The 2012 Cooperation Agreements signed by the governments of Sudan and South Sudan cover security, economic, and other matters, including an agreement to protect freedoms of residence, movement, economic activity, and property ownership for citizens of both countries residing in Sudan or South Sudan. Although negotiating parties made progress in October 2015 in Addis Ababa on border issues, the governments failed to make substantial progress on aspects of the agreement relating to each other’s nationals.
Citizenship: During the year, the government revoked the diplomatic and official passports of some SPLA-IO representatives abroad whom they deemed enemies of the state; however, there were no reports the government revoked citizenship for political reasons.
INTERNALLY DISPLACED PERSONS
In mid-year, conflict in the country intensified and spread to areas previously less affected by fighting. The result was mass population displacement, both within the country and into neighboring countries, and high levels of humanitarian and protection needs, which strained the ability of UN and international humanitarian personnel to provide protection and assistance. According to OCHA, conflict and food insecurity have displaced more than 1.8 million persons since December 2013, including more than 79,200 in and around Western Bahr el Ghazal State’s Wau town, and more than 1.2 million in remote areas of conflict-affected Jonglei, Unity, and Upper Nile states. Approximately 224,100 persons were sheltering in UNMISS PoC sites throughout the country as of December 12, an increase from the 193,800 sheltering in PoC sites at the end of 2015. The increased violence and food insecurity forced relief actors to delay plans for the safe return and relocation of some IDP populations.
On July 8, fighting broke out in Juba that killed hundreds of persons and newly displaced as many as 42,000 persons; nearly 39,000, both newly and previously displaced, remained in the town’s UNMISS PoC sites at year’s end. A July 11 ceasefire calmed active fighting in Juba, but reports of armed elements kidnapping and raping women outside the PoC sites increased. Relief workers recorded more than 100 cases of sexual and gender-based violence in the city in July, and noted the number was likely much higher due to underreporting.
The July violence spread from Juba to the Greater Equatoria region of Central Equatoria, Eastern Equatoria, and Western Equatoria states, an area traditionally less conflict prone. Nearly 426,000 persons were displaced in the region as of October 31, and many fled the country. In addition fighting in Unity state’s Leer County escalated in July, resulting in further population displacements within the state and to neighboring countries. As of December 5, approximately 1 million citizens had sought refuge in neighboring countries, including nearly 371,000 who fled to Uganda after July 1.
IDPs suffered significant abuses, such as armed attacks, killings, ethnically targeted violence, arbitrary detention, gender-based violence, and recruitment of child soldiers. Both government and opposition forces targeted IDPs.
PROTECTION OF REFUGEES
Access to Asylum: The South Sudan Refugee Act provides for protection of refugees as well as the granting of asylum and refugee status. The government allowed refugees from a variety of countries to settle and generally did not treat refugees differently from other foreigners.
Access to Basic Services: While refugees sometimes lacked basic services, this generally reflected a lack of capacity in the country to manage refugee problems rather than government practices that discriminated against refugees. Refugee children had access to elementary education in refugee camps through programs managed by international NGOs and the United Nations. Some schools were shared with children from the host community. Refugees had access to judiciary services in principle, although a lack of infrastructure and staff meant these resources were often unavailable.
Due to continuing conflict and scarcity of resources, some tension existed between refugees and host communities over access to resources.
Durable Solutions: The government accepted refugees and returnees for resettlement, although it did not publish a national strategy for facilitating integration or reintegration into local communities. No national procedures were in place to facilitate the provision of identity documents for returnees or the naturalization of refugees beyond procedures that were in place for all citizens and other applicants.
Citizenship is derived through birth if a person has a South Sudanese parent, grandparent, or great-grandparent on either the mother’s or the father’s side, or if a person is a member of one of the country’s indigenous ethnic communities. Individuals also may derive citizenship through naturalization. Birth in the country is not sufficient to claim citizenship.
Section 3. Freedom to Participate in the Political Process
The transitional constitution provides that every citizen has the right to participate in elections in accordance with the constitution and the law. While the 2010 Sudan-wide elections did not wholly meet international standards, international observers believed Kiir’s election reflected the will of a large majority of Southern Sudanese. International observers considered the 2011 referendum on South Sudanese self-determination, in which 98 percent of voters chose to separate from Sudan, to be free and fair.
Elections and Political Participation
Recent Elections: The transitional constitution required an election be held by July 9, the date on which the first post-independence presidential term ended. The peace agreement, which calls for elections at the end of a transitional period, superseded the transitional constitution. Intense violence in Greater Upper Nile region and insecurity throughout the country following the outbreak of violence in Juba in 2013 were additional factors in the government’s decision to postpone elections. In March the TNLA passed amendments to the transitional constitution extending the terms of the president, the national legislature, and the state assemblies for three years until July 2018.
Under the terms of the peace agreement signed in August, elections are to be held 30 months following the formation of a Transitional Government of National Unity. Interim objectives include the drafting and approval of a new constitution, completing a national census, improving the capacity of the National Elections Commission, and implementing an extensive outreach campaign to educate voters and to bring them into the political process.
An unfavorable environment for media and citizen expression hampered participation in political processes.
Political Parties and Political Participation: The SPLM enjoyed a near monopoly of power in the government and continued to be the most broadly recognized political entity since the signing of the Comprehensive Peace Agreement in 2005. SPLM membership conferred political and financial advantages, and there was great reluctance by opposition parties to shed the SPLM name. For example, the main opposition party was referred to as the SPLM-IO, and most other political parties were either offshoots of the SPLM or affiliated with it.
Under the terms of the August 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan (“the peace agreement”), President Kiir’s SPLM faction was allocated a 53 percent share of the executive branch. A 33 percent share was assigned to the SPLM-IO, led by Riek Machar Teny, who returned to Juba in April to serve as first vice president. After fighting between the SPLA and SPLA-IO broke out in Juba in July, however, Machar fled the country. His SPLM-IO fractured into two factions, and, after the July violence, the government recognized only the faction led by current First Vice President Taban Deng Gai.
Under the terms of the peace agreement, opposition parties head 14 of 30 ministries. They also held a small minority of seats in the TNLA and the Council of States. Many opposition members who are supporters of Machar argued the current SPLM-IO led by Taban Deng Gai is no longer “the true opposition,” characterizing its membership to consist of opposition figures who have defected to the government.
Opposition parties complained that at times the government harassed party members. The Political Parties Act, passed in 2012, mandated specific requirements for those political parties that existed in a unified Sudan prior to South Sudan’s independence in 2011. The Political Parties Council (an independent body created by the law and created in early February to manage political party matters) representatives estimated the requirements affect approximately 25 parties. In October the Political Parties Council issued a call for pre-independence parties to register within 90 days, stating no party had officially registered since independence; 11 political parties were registered in April. Parties formed after independence are not subject to the 90-day deadline. Registration (for both pre-and post-independence parties) included strict requirements that a party show a minimum number of supporters in eight of the country’s 10 states (to avoid ethnically based parties) and adopt a party constitution and manifesto before the deadline.
Participation of Women and Minorities: The transitional constitution requires at least 25 percent female participation in the legislative and executive branches of government at the national and state levels. The Local Government Act requires at least 25 percent of county commissioners and 25 percent of county councilors be women. The Council of Traditional Authority Leaders Act requires at least two of nine members of the council be women.
These laws were inconsistently implemented at both the state and national levels. While women have made gains in both the TNLA and in the executive branch (see below), they remained marginalized in the judiciary, local governments, and among traditional leaders. Representation was particularly poor at the local level, where implementation of the 2009 act’s provisions was particularly wanting. The current system also devolved substantial candidate selection power to political party leaders, very few of whom were women.
Women held 87 of the 296 filled seats in the TNLA but occupied only six of the 50 seats in the Council of States. That number increased with appointment of more women to the TNLA (no exact figure was available). The government did not meet the 25 percent representation requirement for women at the state level. No women were selected for posts during the president’s December round of caretaker governor appointments. The governor of Warrap state, the only female governor, was relieved of her duties. Six women served in the 30-member cabinet, and one of eight deputy ministers was a woman.
Women tended to be discouraged from assuming leadership positions because of the belief such activities conflicted with their domestic duties.
Several ethnic groups remained underrepresented or unrepresented in government, and the conflict exacerbated ethnic tensions and the imbalance in national and state level political institutions.
The absence of translations of the constitution in Arabic or local languages limited the ability of minority populations to engage meaningfully in political dialogue and contributed to low turnout for several consultations on a permanent constitution that took place around the country.