Uganda: Deeply Flawed HIV Bill Approved

(Kampala) – The HIV Prevention and Control Act passed by the Ugandan parliament on May 13, 2014, is discriminatory and will impede the fight against AIDS,Legal Link International, Human Rights Watch, HEALTH Global Action Project, and Uganda Network on Law, Ethics and HIV/AIDS said today.

The bill includes mandatory HIV testing for pregnant women and their partners, and allows medical providers to disclose a patient’s HIV status to others. The bill also criminalizes HIV transmission, attempted transmission, and behavior that might result in transmission by those who know their HIV status.

“This HIV bill is yet another step backward in the fight against AIDS in Uganda,” said Maria Burnett, senior Africa researcher at Human Rights Watch. “It is founded on stigma and discrimination and based on approaches that have been condemned by international health agencies as ineffective and violating the rights of people living with HIV.”

Mandatory HIV testing and the disclosure of medical information without consent are contrary to international best practices and violate fundamental human rights, the three groups said. The criminalization of HIV transmission, attempted transmission, and behavior that might result in transmission by those who know their HIV status is overly broad, and difficult to enforce.

UNAIDS and other international agencies have discouraged such laws, which can disproportionately target women, who because of health care during pregnancy may be more likely to know their HIV status.

The bill has been pending inUganda's parliament since 2010. It passed even though the Health Ministry’s AIDS Control Program, the Uganda AIDS Commission, and many independent health rights groups in Uganda do not support the contentious clauses and urged Uganda to fight HIV with more effective legislation.

“For Uganda to address its HIV epidemic effectively, it needs to partner with people living with HIV, not blame them, criminalize them, and exclude them from policy making,” said Dorah Kiconco, executive director of Uganda Network on Law, Ethics & HIV/AIDS. “The president should not sign this bill and instead ensure a rights-based approach, recognizing that people living with HIV will prevent transmission if they are empowered and supported.”

According to the Uganda’s Health Ministry 2012 AIDS Indicator Survey, an estimated 1.5 million Ugandans were living with HIV. There are at least 140,000 new infections annually, including 28,000 from maternal to child transmission. Uganda’s HIV policies over the last decade have emphasized abstinence-only approaches for youth and marital fidelity. Combined with punitive laws against sex workers and homosexuals, these approaches are felt by many to have increased the stigma and discrimination around HIV and discouraged more people from being tested and treated.

“At the upcoming international AIDS conference, Uganda will be the example to all the countries gathered of how not to write laws on the HIV response,” said Asia Russell, international policy director at Health GAP (Global Access Project). “Parliamentarians are doing precisely the opposite of what Uganda should be doing to fight HIV.”

KENYA:STOP ARRESTS AND ILEGAL DENTENTION OF SOMALIES

Kenyan police and other security agencies should stop arbitrary arrests and detentions, extortion, and other abuses against Somalis during security operations,  Human Rights Watch and Legal Link International said today. The government should also halt summary deportations and ensure that any undocumented Somalis are given the opportunity to file asylum claims.

On April 4 and 8, 2014, Human Rights Watch and Legal Link International visited Pangani police station in Eastleigh and found hundreds of detainees packed into cells designed to accommodate 20 people. Detainees had no room to sit, and the cells were filthy with urine and excrement. Police were also holding detainees beyond the 24-hour limit proscribed under Kenyan law, without taking them to court. One man at Pangani station complained to Legal Link International that he had been held for eight days without being taken to court.

“Scapegoating and abusing Somalis for heinous attacks by unknown people is not going to protect Kenyans, Somalis, or anyone else against more attacks,” said Gerry Simpsom, senior refugee researcher at Human Rights Watch. "Kenay’s deportation of Somalis to their conflict-ridden country without allowing them to seek asylum would be a flagrant breach of its legal obligations.”

Since April 2, almost 4,000 people are reported to have been arrested and detained in Nairobi and Mombasa. According to Human Rights Watch research, some of the detainees have been released after they produced identification documents, but only after days in deplorable detention conditions or after they paid bribes. On April 9, the Kenyan authorities summarily deported 82 undocumented Somali nationals from the capital, Nairobi, to Somalia. Kenyan officials have said that they plan to deport all undocumented Somali nationals as part of the response to recent grenade and other attacks in Kenya by unidentified people.

The Kenyan government began a massive security operation in Nairobi’s predominantly Somali Eastleigh district on April 2. On April 9, Interior Cabinet Secretary Joseph Ole Lenku told the mediathat, during “Operation Usalama Watch,” police had arrested “almost 4,000 people.” An Administration Police spokesman, Masoud Mwinyi,said police had arrested and screened 3,000 people of whom 467 had been detained for further investigation. He said police had also charged 67 people with various unspecified offenses.

According to Kenyan officials, the operation began in response to a number of attacks in Nairobi and Mombasa in March that killed a total of 12 people and injured 8 more. An attack on a Nairobi shopping mall in September 2013 killed 67 people and injured hundreds.

Kenyan police operations in Nairobi and Mombasa in the wake of attacks have resulted on numerous occasions in serious human rights violations against both refugees and Kenyan citizens, Human Rights Watch said.

In the Pangani police station, Human Rights Watch witnessed police whipping, beating, and verbally abusing detainees. There have been numerous credible accounts of Kenyan security forces extorting money and beating people during the arrests and in detention. 

Hundreds, and possibly thousands, of people have also been detained in the Kasarani sports stadium in Nairobi. Independent investigators and media were denied access to Kasarani until April 9, when a limited visit was permitted. People who participated said that they were only provided limited access and were not able to freely interview detainees in the stadium.

On April 8,Lenku said, “The process will continue until we do not have illegal aliens and those found to have refugees documents are taken to refugees camps.”

Kenyan security forces, including the Administration Police and General Service Unit (GSU) have a  record of committing serious human rights violations during security operations against communities of ethnic Somalis, Human Rights Watch said.

A May 2013 Human Rights Watch report described how Kenyan police in Nairobi tortured, raped, and otherwise abused and arbitrarily detained at least 1,000 refugees, including women and children, between mid-November 2012 and late January 2013, following grenade and other attacks in Eastleigh. The police called the refugees “terrorists” and said they should move to the refugee camps.

“For the second time in less than two years, the world is looking on aghast as Kenyan security forces abuse countless men, women, and children alike in the heart of Kenya, just a stone’s throw from government ministries and the United Nations,”  Simpson said.

The police sweeps follow announcement on March 26th that all urban refugees were required to move to refugee camps. Such a move would violate a July 26, 2013 Kenya High Court ruling, which quashed an identical government refugee relocation plan from December 2012.

According to credible sources, some Somali refugees arrested in Eastleigh in the April operation were released with an order to report to the refugee camps within two weeks.

On April 9, Somalia’s ambassador to Kenya told journalists that Kenya had deported 82 Somali nationals to Mogadishu, the Somali capital.

Kenya should stop summarily deporting Somali nationals, which risks violating its obligations under Kenyan and international law not to return anyone to situations of persecution or generalized violence. Any undocumented individuals should be given the opportunity to file an application for asylum, Human Rights Watch said.

The Kenyan government should provide full access to staff of the United Nations High Commissioner for Refugees (UNHCR) to interview and register asylum claims of undocumented Somalis.

In January, the United Nations refugee agency issued guidelines on returns to Somalia and called on countries not to return anyone before interviewing them and ensuring they do not face the threat of persecution or other serious harm if returned. UNHCR said that Somalia remains “a very dangerous place” and that no Somali national should be “forcibly returned to Somalia unless the returning state is convinced that the persons involved would not be at risk of persecution.”

Human Rights Watch said the Kenyan authorities were obliged to allow UNHCR to register asylum claims from anyone in Kenya, regardless of how long the person had been in Kenya before lodging a claim. Although Kenyan refugee law says an asylum seeker should lodge their claim with the authorities within 30 days of arrival, UNHCR does not impose any such deadline. Somali nationals’ access to UNHCR is all the more important after Kenya suspended all services to urban refugeesa, including registering new asylum seekers, in December 2012.

Kenyan immigration law allows the authorities to regulate who is in Kenya, and Kenya may prevent certain categories of people from entering or remaining in the country, including those deemed to be a security threat.

However, Kenyan and international law prohibit refoulement – forcible return to persecution on account of race, religion, nationality, membership of a particular social group, or political opinion, or to a situation where a person would be at real risk of torture or cruel, inhuman, or degrading treatment. Kenya is also prohibited from returning anyone to a place where their “life, physical integrity, or liberty would be threatened on account of external aggression, occupation, foreign domination, or events seriously disturbing public order.”

In its January 2014 guidelines, UNHCR said that it “consider[s] the options for Somalis to find protection from persecution or serious harm within Southern and Central Somalia to be limited,” especially in the large areas that remain under the control of the Islamic militant group Al-Shabaab.

Al-Shabaab has continued to forcibly recruit people into its ranks, including children, and to target individuals perceived to support the Somali government and its partners. On March 5, al-Shabaab publicly executed three alleged spies in Barawe, one of the group’s strongholds.

UNHCR also noted an increase in al-Shabaab attacks in 2013 in Mogadishu that killed civilians. Conflict related injuries in Mogadishu and the southern port town of Kismayo also increased in early 2014.

According to UNHCR, 1.1 million people are currently displaced within Somalia, including 369,000 in Mogadishu. In a March 2013 report, Human Rights Watch found that members of state security forces and armed groups had raped, beaten, and otherwise mistreated displaced Somalis in Mogadishu.A February 2014 Human Rights Watch report documented high levels of rape and sexual abuse against displaced women and girls in the capital throughout 2013.

In other parts of south-central Somalia, a joint military offensive by the African Union Mission to Somalia (AMISOM) and the Somali National Armed Forces (SNAF) against al-Shabaab has resulted in new internal displacement, according to the UN Office for the Coordination of Humanitarian Affairs.

Foreign donors to Kenya and UNHCR should vigorously and publicly oppose summary deportations of Somalis, Human Rights Watch said.

“Kenya’s summary deportation of Somali nationals should end,” Simpson said. “Undocumented people should be given the opportunity to file an asylum application rather than being summarily deported back to the dangers of south-central Somalia.”

UN Human Rights Chief Condemns Crackdown On Journalists and bloggers in Ethiopia

The United Nations human rights chief today condemned the crackdown on journalists in Ethiopia and the increasing restrictions on freedom of opinion and expression in the Horn of Africa nation.

The comments by High Commissioner for Human Rights Navi Pillay follow the recent arrest and detention of six members of the blogging collective Zone Nine and three journalists in the capital, Addis Ababa.

"I am deeply concerned by this recent wave of arrests and the increasing climate of intimidation against journalists and bloggers prevailing in Ethiopia," she stated in a news release.

The nine people arrested last week remain in custody. On 27 April, they appeared before the Arada Court of First Instance. Although the exact charges against each of them remain unclear, the UN human rights office has received information that they were arrested for "working with foreign human rights organizations and inciting violence through social media to create instability in the country."

They reportedly are being held incommunicado and some of their family members who tried to bring them food over the weekend were denied access.

Since January 2012, a number of journalists have been convicted under the Anti-terrorism Proclamation to sentences ranging from 5 years to life imprisonment. Two journalists arrested in July 2012 and January 2013 under the same law are currently in detention, awaiting their trial.

"The fight against terrorism cannot serve as an excuse to intimidate and silence journalists, bloggers, human rights activists and members of civil society organizations. And working with foreign human rights organisations cannot be considered a crime," said the High Commissioner.

"Over the past few years, the space for dissenting voices has been shrinking dramatically in Ethiopia," she added.

Ms. Pillay stressed that in its efforts to combat terrorism, the Ethiopian Government must comply at all times with its human rights obligations under international law. The country is party to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights, both of which guarantee the right to freedom of expression.

The High Commissioner urged the Ethiopian Government to release all bloggers and journalists currently in detention for simply exercising their right to freedom of expression. She also reiterated her appeal for there to be a review of current anti-terrorism and civil society legislation to ensure its conformity with international human rights standards.

The human rights chief's call comes on the eve of World Press Freedom Day, observed annually on 3 May. The Day is an opportunity to celebrate the fundamental principles of press freedom; assess the state of press freedom throughout the world; defend the media from attacks on their independence; and pay tribute to journalists who have lost their lives in the line of duty.

South Sudan Risks Spiralling Out of Control Amid Revenge Killings, Human Rights Abuses, Impending Famine, Security Council Warned

document-Legal Link International

With the sharp and drastic deterioration of the human rights situation in South Sudan, and the accompanying spiral of revenge killings, the country was at risk of a wide-spread humanitarian crisis, the United Nations human rights chief told the Security Council today.

Navi Pillay, United Nations High Commissioner for Human Rights, said her recent visit to South Sudan, accompanied by the Secretary-General's Special Adviser on the Prevention of Genocide, had revealed not only extensive violence, but also a real fear of disaster among the population, including the likelihood of a massive famine. That atmosphere had been fuelled by elements on all sides of the conflict calling publicly for their supporters to hunt down members of different ethnic groups, including a rebel radio broadcast urging the rape of women from other communities.

Adding to that was the prevailing lack of concern for innocent civilians, she continued, adding that, with the planting season almost halfway over, she and her colleague had urged leaders of both the Government and rebels sides to call a 30-day ceasefire to facilitate the planting of food crops in order to avert famine. Judging from the leaders' reaction, that was not an overriding concern, she noted. "I fear that South Sudan's leaders are locked in a purely personal power struggle, with little or no regard for the appalling suffering that it inflicts on their people."

However, international pressure seemed to be having some effect, she noted. Peace talks between the warring sides had reopened in Addis Ababa under the auspices of the Intergovernmental Authority for Development (IGAD), the East African subregional bloc, earlier in the week. Still, she reminded the Council, it had agreed in December to increase the number of peacekeepers in South Sudan from 7,700 to 13,200, but the troop-contributing countries had still not supplied some two thirds of the extra troops. "They are desperately needed," she emphasized, adding that the Mission must have a full complement of personnel and an adequate budget.

Adama Dieng, Special Adviser of the Secretary-General on the Prevention of Genocide, recalled the recent brutal attacks on Bentiu, in Unity State, and on Bor, in Jonglei State, emphasizing that unless such attacks were not be stopped immediately, South Sudan could plunge into serious violence and spiral out of control. Yet, in consultations with senior Government officials in Juba and with rebel leader and former Vice-President Riek Machar, both sides had either denied attacks against civilians or justified by claiming they had been carried out in self-defence against a vengeful group.

"If we are to ensure the protection of the civilian population in this country," he said, "the State must acknowledge that it has the primary responsibility to protect all South Sudanese, irrespective of nationality, ethnicity or political affiliation." However, if the parties did not clearly demonstrate their intention to end the violence, the Council should consider taking additional measures to prevent the situation from deteriorating further. The violence was not motivated by a desire to change the country, but rather by self-interest related to gaining access to oil wealth and development resources, he said. "The international community must not be complicit in this agenda," he stressed.

Rwanda's representative recalled the day three years ago when South Sudan had been welcomed into the United Nations as a Member State, while ruing the current violence and crisis. "You can't fight for independence for years and then turn around and kill your people; it's a shame." He said the international community had just commemorated the anniversary of his own country's genocide and had said "never again". Now, the call was "lessons learned", words that Rwanda feared were merely "cosmetic". Why was it that when politicians fought for power, it was the people who paid the price?, he asked.

South Sudan's representative, however, emphasized that a democratically elected Government could not be placed on the same moral, political and legal footing as a rebel group using violence to overthrow that Government. Although South Sudan understood that the United Nations needed to take into account the urgent need to protect civilians, deliver humanitarian assistance and promote respect for human rights, the country also needed support for capacity-building, now more than ever before. Withdrawing that support could only compound the crisis, he cautioned.

Also speaking today were representatives of the United States, Australia, Nigeria, China, Chad, Russian Federation, United Kingdom, France, Jordan, Lithuania, Chile, Argentina, Luxembourg and the Republic of Korea.

The meeting began at 3:04 p.m. ended at 5:15 p.m.

Background
Meeting this afternoon, members of the Security Council had before them reports of the Secretary-General on Sudan and South Sudan.

Briefings

NAVI PILLAY, United Nations High Commissioner for Human Rights, said her recent visit to South Sudan with Adama Dieng, the Secretary-General's Special Adviser on the Prevention of Genocide, had revealed a "sharp and drastic deterioration" in the human rights situation in the country, marked by a spiral of revenge killings that had generated a real fear of disaster for the people, as well as the likelihood of wide-spread famine. The United Nations Mission in South Sudan (UNMISS) had opened its door to some 80,000 people, sheltering and protecting them as best they could. The United Nations Children's Fund (UNICEF) had reported that both sides had recruited more than 9,000 children into their armed forces, a elements on both sides of the conflict had called publicly for their supporters to hunt down other ethnic groups. Following their capture of Bentiu this month, rebels had commandeered a local radio station and called for revenge, including the rape of women from other communities. According to media reports, the Governor of the Great Lakes region had told youths at a gathering that, "what we are doing today is eye for eye. You pinch me, I pinch you, too, no forgiveness... ".

Noting that the rainy season had begun and the planting season was half over, she said that, in light of the spectre of wide-spread famine, she and Mr. Dieng had urged leaders on both sides to call a ceasefire for 30 days to enable people to return to their fields and plant as much as possible. "Shockingly, their reaction indicated that this was not an overriding concern," she said. Furthermore, the pervasive culture of impunity in South Sudan had fuelled the current violence. It was critical to establish immediately a national judicial system with the capacity effectively to ensure accountability, a concern that had been conveyed to President Salva Kiir and his senior Cabinet Ministers. Discussions had also been held with opposition leader and former Vice-President Riek Machar about the killings in Bentiu. The Government had said it would investigate the mass killing of civilians in Juba, and Mr. Machar had pledged to investigate the slaughterer in Bentiu. She said that she had stressed that investigations must be transparent and consistent with international standards, moving swiftly to hold alleged perpetrators accountable. Unfortunately, that might not be the case, she said. "I fear that South Sudan's leaders are locked in a purely personal power struggle, with little or no regard for the appalling suffering that it inflicts on their people."

International pressure seemed to be having some effect, she noted. The Government had released four prisoners accused of plotting a coup, and peace talks had reopened in Addis Ababa between the warring sides under the auspices of the East African subregional bloc the Intergovernmental Authority for Development (IGAD) earlier this week. IGAD was pushing for the quick deployment of the proposed Protection and Deterrent Force to provide protection for the Monitoring and Verification Teams, she said, adding that she had also met with four members of the African Union Commission of Inquiry, who had just returned from their first visit to South Sudan. IGAD and regional leaders shared the same outrage over the crisis, viewing the conflict as a showdown between two leaders for political power and control of oil revenues. Recalling that the Council had agreed in December to increased the number of UNMISS peacekeepers from 7,700 to 13,200, she said troop-contributing countries had still not supplied some two thirds of the extra troops. "They are desperately needed," she said, urging the Council to do its utmost to ensure that the Mission had a full complement of personnel and an adequate budget.

ADAMA DIENG, Special Adviser of the Secretary-General on the Prevention of Genocide, recalled the recent brutal attacks in Bentiu, Unity State, and in Bor, Jonglei State, which seemed to have changed the conflict's trajectory. If such attacks were not stopped immediately, South Sudan could plunge into serious violence, spiralling out of control. In Bentiu, more than 200 civilians of Dinka ethnicity had been massacred and over 400 injured, reportedly by opposition forces allied to former Vice-President Machar. According to United Nations reports, the attackers had separated ethnic Dinka from ethnic Nuer civilians and then executed the former and others perceived to support the Government. In Bor, armed Government-affiliated elements had forced entry into the UNMISS camp, killing more than 50 civilians, mostly of Nuer ethnicity, and over 100 others.

However, during consultation with senior Government officials in Juba and with Mr. Machar, he said, both sides had either denied having conducted attacks against civilians or justified them by claiming self-defence against a vengeful group. There were worrying reports that the security forces of both camps were homogenizing. The perception that those supporting Riek Machar were mostly ethnic Nuer and President Kiir's supporters mostly Dinka had heightened the risk that individuals could be targeted on the basis of ethnicity. "If we are to ensure the protection of the civilian population in this country, the State must acknowledge that it has the primary responsibility to protect all South Sudanese, irrespective of nationality, ethnicity or political affiliation," he emphasized. He commended UNMISS for its efforts under difficult circumstances, saving lives by opening its gates in Bentiu, Bor, Malakal and other places.

The Mission was under stress, however, and troop-contributing countries must expedite the deployment of additional personnel, he said. Furthermore, if the parties did not clearly demonstrate their intention to end the violence, the Council should consider taking additional measures to prevent the situation from deteriorating further. The issue of weaknesses in governance must be addressed by development partners, he said, pointing out that the national authorities, seemingly disregarding the people's situation, had ignored corruption, thereby creating clear motivation for others to take up arms in order to access nation resources for personal gain. The violence in South Sudan was not motivated by a desire to change the country, but rather by self-interested goals, such as gaining access to oil wealth and development resources, he emphasized. "The international community must not be complicit in this agenda," he stated, stressing that preventing further violence required a coordinated international response, including a new posture by development partners. Any resolution must reflect that, he added.

SAMANTHA POWER ( United States) condemned the targeting of civilians and said that far from an end to hostilities, the situation had spiralled into wide-spread violence and ethnically motivated assaults in many areas. More fighting meant more displaced people needing more help from humanitarian groups. Recalling that the new nation had enjoyed a bright start with ample international and civil society support, she emphasized, however, that a country required effective leadership. Personal rivalries had led to the conflicts fuelling the current catastrophe, she said, adding that, in order to prevent the situation from worsening, military action must end, human rights must be respected and there must be a return to the peace process. Responsibility for ending the violence rested with the leadership, but the Council could play a role and should consider imposing sanctions to deter outrageous attacks against civilians.

GARY QUINLAN ( Australia) said that the horrifying events in South Sudan, including the use of radio broadcasts to incite ethnic killings and sexual violence against women and girls, was chilling and harrowing. There could be no military solution to the conflict, and President Salva Kiir and Mr. Machar must uphold their responsibility to protect civilians and commit to a ceasefire. Commending the Mission's swift action to establish protection sites, he called for the urgent recasting of its mandate to provide it with more focused priorities reaffirming neutrality. With the spectre of famine looming, no effort should be spaced to facilitate humanitarian access, he said, noting that Australia had provided more than $10 million in emergency aid. Fighting in oil-rich States demonstrated that competition over natural resources and revenues was a driver of conflict fuelled by the proliferation of small arms and light weapons, he said, stressing that it was time the Council considered applying military, financial and travel sanctions.

USMAN SARKI ( Nigeria) said the situation had degenerated to a point that threatened South Sudan's future, with recent incidents eerily resembling the events that had led up to the genocide in Rwanda. The Council must put a stop to the slaughter of innocent civilians, he emphasized, calling for the arrest and persecution of those who had perpetrated the recent massacres. Welcoming the resumption of peace talks this week, he said there could be no military solution to the conflict, and both sides must embrace dialogue as the only path to peace and stability.

SHEN BO ( China) said that, given the increasing numbers of displaced persons affected by the growing humanitarian crisis, both sides must adhere to the ceasefire, coordinate with IGAD and settle their differences. Welcoming the recent resumption of peace talks, he expressed hope that they would advance positively. Meanwhile, China condemned all attacks against civilians and peacekeepers, he said, emphasizing that the authorities must investigate such incidents. The international community should help South Sudan to "weather the crisis", he said, adding that his country had made efforts to promote peace talks and had offered financial support to IGAD initiatives.

MAHAMAT ZENE CHERIF ( Chad) said that, since the chances for peace seemed to be waning, the international community must exert pressure on both parties with a view to ending violence against civilians and UNMISS sites. Welcoming the decision by neighbouring countries to send in troops to protect civilians, he called upon the warring parties to cease their actions against the Mission and to allow it to meet its mandate fully.

ALEXANDER PANKIN ( Russian Federation), noting that millions had been displaced and millions more needed humanitarian assistance, stressed that a political settlement of the armed conflict was critical to both leaders, who must set aside their own goals. Commending IGAD and other international actors, he called upon the Council to support such an effort, emphasizing, however, that sanctions should be addressed with caution. Extensive experience with such measures had shown that they were far from a panacea, because they could undermine the spirit of cooperation. Furthermore, the latest tragic events called into question the leadership of UNMISS, he said.

MARK LYALL GRANT (United Kingdom), recalling that the international community had recently commemorated the 1994 genocide in Rwanda , said the occasion had been a reminder of the world's failure to act 20 years ago. Recent events in South Sudan should, therefore, serve as a wake-up call to all, he said, urging the application of all tools within the United Nations system, including radio broadcasts to challenge recent announcements calling upon supporters to rape women of other ethnicities. He also called for efforts to end impunity and increase political support for mediation efforts in order to prevent a "devastating slide" to repeated atrocities, and a continuing and clear message that the United Nations would not accept the violence. Mediation efforts must be complemented by sanctions against those who sabotaged peace, he emphasized. South Sudan's needs were urgent and clear, and the international community must meet them. The Government of the United Kingdom would be contributing $65 million to that end.

EUGÈNE-RICHARD GASANA ( Rwanda) recalled the General Assembly resolution welcoming South Sudan as the newest Member State of the United Nations. It had been with hope, anticipation and pride that the international community had stood ready with South Sudan to build the State. Three years later, however, and in light of the wide-spread killings of civilians, the world could not remain bystanders, he emphasized. "You can't fight for independence for years and then turn around and kill your people; it's a shame," he stressed. Yet, almost five months had passed since the beginning of the conflict, with ethnic killings and the displacement of millions all happening while the world watched. Recalling that the international community had just commemorated the anniversary of his own country's genocide -- having said "never again" -- now the call was "lessons learned". Had that become just become another "cosmetic" word?
"What do we do about the atrocities?", he asked. "What do we do about the radio station, about the rape in retribution?" Would the Council again condemn and adopt statements expressing outrage? Instead, Rwanda hoped it would do whatever it would take to stop the killing of innocent people in South Sudan, he said, stressing that the world must do more. It was critical that action be taken without wasting further time, he reiterated, asking why the people always paid the price when politicians fought for power. Such leaders would be held responsible for all the people over whom they ruled, he said.

GÉRARD ARAUD ( France) said his country supported IGAD-led mediation efforts, but the political process had come to a complete halt, as had the ceasefire agreement. The Security Council could not remain inactive, he emphasized, saying it should rapidly renew the Mission's mandate, according priority to protecting civilians. It was also important to ensure access to humanitarian assistance. Given the absence of political will to end the violence, the Council should also impose a sanctions regime, he said. Impunity must end, independent investigations must be conducted and the guilty brought to justice, he stressed. Attacks against United Nations bases constituted a war crime, and the International Criminal Court should become involved, given the scale of the violations, he added.

MAHMOUD HMOUD ( Jordan) said that, in spite of the commitments made by both parties, the situation on the ground had deteriorated. It was essential to identify and locate the most vulnerable areas of human rights violations and to protect civilians, he said, reiterating the need for the Government of South Sudan and the opposition to take responsibility for bringing perpetrators to justice. The International Criminal Court should also get involved, he added.

RAIMONDA MURMOKAITĖ ( Lithuania) said the personal rivalry between two leaders was dragging the whole country into all-out war. Situation reports read like catalogues of barbarity, with all actors committing shocking crimes, such as targeted killings, rapes and attacks on the basis of ethnicity. Those were the ingredients that led to genocide, she said, emphasizing that impunity for crimes against humanity must end. The threat of sanctions was very real and imminent if the warring parties failed to change their behavior, and referral to the International Criminal Court could also be considered. The Council was looking to revise the mandate of UNMISS in such a way as to prioritize the protection of civilians, she said.

CRISTIÁN BARROS ( Chile) said accountability in human rights should be at the centre of the Mission's renewed mandate as the situation threatened to spiral into a "humanitarian catastrophe". The Council must act using all mechanisms at its disposal to save lives. The grim reports heard today, including the recruitment of child soldiers, massacres of communities in towns and radio broadcasts inciting attacks and calling for sexual violence against women and girls, must end. Targeted sanctions should be considered. The bravery of Hilde Johnson, head of the Mission, as well as its personnel, in protecting civilians are to be commended. Now, the Council and the United Nations must redouble their efforts to prevent the "disintegration" of the youngest member of the Organization.

MARÍA CRISTINA PERCEVAL ( Argentina) said her country supported the Mission, which had prevented many deaths. Serious human rights violations had been perpetrated by both parties in South Sudan recently. Future inquiries would investigate possible crimes against humanity. The African Union Commission of Inquiry's work was essential for bringing those responsible to justice. All efforts must establish who held responsibility at the highest level, all the way up the chain of command. An agreement to end hostilities must be reached. Death had spoken loudly, she said, as had been seen with many being murdered only for their ethnicity. Now, the Council must hear that voice and continue to support a package of measures, including bolstered troop numbers in the Mission that would better protect civilians and an end to impunity.

SYLVIE LUCAS ( Luxembourg) said given the ongoing human rights violations, it was imperative that both parties worked to end the carnage. Since the Government and opposition forces had violated the ceasefire agreement, she supported the IGAD-led mediation and called on the parties to return to the negotiating table. Mr. Kiir and Mr. Machar had grave responsibilities to publicly reject all attacks against civilians. Those responsible for grave human rights violations must be brought to justice. She said it was essential that the Council refer human rights atrocities committed in South Sudan to the International Criminal Court. The Council must also use every tool at its disposal, including sanctions, to end the violence and to prevent an already dire situation from escalating into one of incalculable consequences.

OH JOON ( Republic of Korea) said the Council had shared the urgent call for the attention and action needed to stop the unacceptable violence ravaging South Sudan. The use of radio broadcasts to incite violence seemed to be "a prelude to a catastrophe", he said, calling on leaders to reject all attacks on civilians. Ahead of the rainy season, he was concerned of the large displacement of people and a strategy for civilian protection was needed. The United Nations and IGAD needed to swiftly finalize monitoring and verification mechanisms of the cessation of hostilities agreement. The Security Council must also stand ready to take additional measures, as needed.

FRANCIS MADING DENG ( South Sudan) emphasized that placing a democratically elected Government on the same moral, political and legal footing as a rebel group using violence to overthrow that Government could not be justified. It was also well known that the Sudan People's Liberation Army (SPLA) had ended the recruitment or deployment of child soldiers since 2003. Recent recruitments had not involved children at all entailed, he said, stressing that the rebel army, by contrast, was known for recruiting and deploying child soldiers.

It was also unfortunate that the attack on the United Nations compound in Bor was being equated with the atrocities committed by the rebel army in Bentiu and Malakal, he continued. The incident had been provoked when young people in Bor had heard internally displaced persons in the United Nations compound celebrating the capture of Bentiu by the rebels, who had only recently destroyed Bor and massacred its inhabitants. The youth had intended to submit a protest letter requesting the removal of the internally displaced from Bor, but when peacekeepers had fired in the air, they had forced their way in, construing the gunfire as an attack against them.

He said the Government of South Sudan understood why the United Nations must reconsider its priorities on the ground, taking into account the urgent need to protect civilians, deliver humanitarian assistance and promote respect for human rights. However, South Sudan now needed support for capacity-building more than ever before. Withdrawing that support, whether for lack of resources or as a punitive measure, could only compound the crisis, he cautioned, urging the United Nations to consider maintaining strong support for capacity-building, even if it was not through UNMISS.