Updated Position on Returns to South Sudan – March 2015
In view of recent requests addressed to UNHCR Israel to provide an updated position on
returns of individuals to South Sudan, we would like to clarify that, based on current country
information, UNHCR’s recommendation against such returns remains unchanged.
As of March 2015, South Sudan remains in civil conflict. UNHCR’s formal position, issued
one year ago in February 2014, recommended that States suspend forcible returns of
nationals or habitual residents of South Sudan so long as the situation remains fluid and
uncertain and until such time as the security, rule of law and human rights situation in South
Sudan have improved sufficiently to permit a safe and dignified return of those determined
not to be in need of international protection. Underlying this position was the ethnic
dimension of the conflict in South Sudan, mainly between the Dinka and Nuer tribes, and
widespread reports of ethnically-motivated attacks by armed forces against civilians by both
sides, as well as attacks by civilians against civilians. [Annex A: UNHCR Position on Returns to
South Sudan]
As of today, large-scale displacement continues within and from South Sudan as a result of
the continuing civil conflict. As of 12 February 2015, UN OCHA, on the basis of reports from
UN agencies and NGOs, estimates a total of more than 1.5 million South Sudanese have
been displaced by the current civil conflict since 15 December 2013.
(See,
http://reliefweb.int/sites/reliefweb.int/files/resources/South_Sudan_Situation_Report_No_
74.pdf) UNHCR reports that an additional more than 500,000 South Sudanese individuals
have fled to neighbouring countries as refugees since that same date [Annex B: South Sudan
Emergency: Regional overview of refugees from South Sudan New arrivals since 15 Dec
2013 | as of 12 February 2015].
A UN News Service report from 14 December 2014 stated that an estimated 1.9 million
people have been displaced by the year-long crisis, and an additional 7 million persons are
estimated to be at risk of hunger and disease. [UN News Service, One year later, ongoing
South Sudan conflict ‘jeopardizes future of entire nation’, available at
http://www,refworld.org/cgi-bin/texis/vtx/rwmain?page=printdoc&docid=5492d4234].
An
additional UN News Service report from 15 December 2014 noted that tens of thousands of
civilians have been killed in the 12 month long conflict. [UN News Service, People of South
Sudan living in ‘tinderbox’ after tear of conflict, warns UN rights chief, available at
http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=printdoc&docid=5492d4bc4].
Another UN News Service Report from 19 December 2014 notes that, despite the signing of
Cessation of Hostilities Agreement on 23 January 2014 between the Government of the
Republic of South Sudan and the Sudan People's Liberation Movement (SPLM/A) in
opposition, the fighting has continued and the situation remains tense and unpredictable,
especially in Unity, Upper Nile and Jonglei States. The report specifically noted the
deliberate targeting of civilians by armed elements and the abduction of women by
opposition forces after which they were subjected to conflict-related sexual violence in the
capital city of Unity State, Bentiu. According to a report by the Human Rights Division of the
United Nations Mission in South Sudan (UNMISS), “(opposition) forces committed gross
human rights abuses and serious violations of international humanitarian law which may
amount to war crimes.” [UN News Service, South Sudan: UN probe uncovers targeting of
civilians, abductions, sexual violence, available at http://www.refworld.org/cgibin/texis/vtx/rwmain?page=printdoc&docid=549976144].
In conclusion, the human rights situation in South Sudan has continued to deteriorate since
the outbreak of the current civil conflict in 15 December 2013. Specifically, the rule of law
and the human rights situation in South Sudan have not improved sufficiently to allow for a
safe and dignified return. Accordingly, UNHCR’s February 2014 position that States suspend
forcible returns of nationals or habitual residents of South Sudan to the country still stands.
In light of the above, UNHCR recommends that the Government of Israel does not return
individuals to South Sudan at this time.
UNHCR Israel
March 2015