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Lessons Learned from South Sudan Protection of Civilian Sites 2013–2016

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<strong>Lessons</strong> <strong>Learned</strong> <strong>from</strong> <strong>South</strong> <strong>Sudan</strong> <strong>Protection</strong> <strong>of</strong> <strong>Civilian</strong> <strong>Sites</strong> - 7<br />

Foreword by Special Rapporteur on the Human Rights <strong>of</strong> Internally Displaced Persons<br />

On 9 July 2011, <strong>South</strong> <strong>Sudan</strong> became the world’s newest nation, invoking feelings <strong>of</strong> hope, pride and stability<br />

among <strong>South</strong>ern <strong>Sudan</strong>ese who had suffered through decades <strong>of</strong> war, famine and hardship. Tragically, less than<br />

four years later, <strong>South</strong> <strong>Sudan</strong> is embroiled in another vicious civil war, internally displacing nearly 1.7 million<br />

people. Millions live under the constant threat <strong>of</strong> violence, with limited access to even the most basic services.<br />

When I was appointed to my current position as Special Rapporteur on the Human Rights <strong>of</strong> Internally Displaced<br />

Persons (IDPs), only eight months prior to <strong>South</strong> <strong>Sudan</strong>’s independence, I rejoiced with the world community in<br />

the great optimism for the people <strong>of</strong> this new country. Only two and half years later, I was angered and saddened<br />

by the renewal <strong>of</strong> warfare in <strong>South</strong> <strong>Sudan</strong> in December 2013. I had undertaken an <strong>of</strong>ficial mission to <strong>South</strong><br />

<strong>Sudan</strong> in November 2013, approximately a month before the outbreak <strong>of</strong> the armed conflict. I was struck by<br />

the absence <strong>of</strong> formal structures and systems for the protection <strong>of</strong> IDPs both on the part <strong>of</strong> the United Nations<br />

Mission in <strong>South</strong> <strong>Sudan</strong> (UNMISS) and the Government <strong>of</strong> <strong>South</strong> <strong>Sudan</strong>. I had urged that these be established as<br />

a matter <strong>of</strong> urgency but events took over in December 2013. I returned to <strong>South</strong> <strong>Sudan</strong> to undertake a working<br />

visit to address the situation <strong>of</strong> IDPs in the PoC sites in September 2015 and received positive responses <strong>from</strong><br />

the leadership <strong>of</strong> the United Nations Mission in <strong>South</strong> <strong>Sudan</strong> (UNMISS), and the <strong>Protection</strong> Cluster.<br />

As established by the 1998 Guiding Principles on Internal Displacement, the 2006 International Conference <strong>of</strong><br />

the Great Lakes' Protocol, and the 2009 African Union Convention for the <strong>Protection</strong> and Assistance <strong>of</strong> Internally<br />

Displaced Persons, the primary duty to protect and provide assistance to IDPs rests with the national authorities.<br />

Consequently, the vast majority <strong>of</strong> IDPs in <strong>South</strong> <strong>Sudan</strong> today are seeking protection <strong>from</strong> the government itself,<br />

and yet its capacity to do so is severely constrained.<br />

Therefore, I am enormously proud <strong>of</strong> the action taken by UNMISS for having opened their gates to protect<br />

civilians fleeing the violence with nowhere else to turn. More than 100,000 people sought protection at UNMISS<br />

compounds within the first six months <strong>of</strong> the conflict, and this figure doubled after the long “fighting season”<br />

in 2015. It is an unprecedented achievement, in so far as conditions allow, for a UN peacekeeping mission to<br />

provide protection for 200,000 people within their bases. Alongside the peacekeeping mission, UN and relief<br />

agencies have proved indispensable by providing life-saving humanitarian services at both UNMISS <strong>Protection</strong><br />

<strong>of</strong> <strong>Civilian</strong> (PoC) sites and numerous IDP settlements throughout the country in which the majority <strong>of</strong> IDPs reside,<br />

including in host families and communities.<br />

This report takes a critical look at the protection <strong>of</strong> civilians in <strong>South</strong> <strong>Sudan</strong> and presents lessons learned during<br />

the first two years <strong>of</strong> the conflict. The research brings to light challenges <strong>of</strong> the protection <strong>of</strong> civilians in a volatile<br />

environment through the voices <strong>of</strong> more than 100 interviewees <strong>from</strong> UNMISS, humanitarian agencies and, most<br />

importantly, the IDP community itself. My sincere hope is that this report leads to an open discussion among<br />

key actors, improving the response and protection <strong>of</strong>fered to IDPs in UNMISS bases. Ultimately, the primary<br />

mandates <strong>of</strong> UNMISS and humanitarians are the same: the protection <strong>of</strong> civilians. It is critically important that<br />

both work together toward this common objective.<br />

I am pleased to provide the foreword to this report and trust it will be <strong>of</strong> practical assistance to UNMISS and<br />

UN and non-governmental humanitarian actors. I am appreciative to the Government <strong>of</strong> Switzerland and the<br />

International Organization for Migration (IOM) for their support, and, especially, to Michael Arensen for writing<br />

this important report.<br />

Dr Chaloka Beyani<br />

Chaloka Beyani is the United Nations Special Rapporteur on<br />

the Human Rights <strong>of</strong> Internally Displaced Persons. He is also<br />

an Associate Pr<strong>of</strong>essor <strong>of</strong> International Law, a member <strong>of</strong> the<br />

Centre for the Study <strong>of</strong> Human Rights and Chair <strong>of</strong> its Advisory<br />

Board, and a member <strong>of</strong> the Centre for Climate Change at the<br />

London School <strong>of</strong> Economics and Political Science.

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