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AMNESTY INTERNATIONAL REPORT 2016/17

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discovered in a shallow grave. Parts of her<br />

body had been sold to traditional healers.<br />

Two other men who pleaded guilty to the<br />

murder had each been sentenced in<br />

September 2015 to 20 years’ imprisonment.<br />

Hate crime legislation<br />

In October, the draft Hate Crimes Bill was<br />

introduced. It aims to address racism, racial<br />

discrimination, xenophobia and<br />

discrimination based on gender, sex, sexual<br />

orientation and other issues, by providing an<br />

offence of hate crime. It includes<br />

controversial provisions that criminalize hate<br />

speech in ways that could be used to<br />

impermissibly restrict the right to freedom of<br />

expression.<br />

RIGHT TO EDUCATION<br />

Children with disabilities<br />

Children with disabilities continued to face<br />

multiple challenges of discrimination,<br />

exclusion and marginalization which, among<br />

other things, denied them equal access to<br />

education despite legal and policy<br />

frameworks guaranteeing inclusive<br />

education. On 27 October, the<br />

UN Committee on the Rights of the Child<br />

recommended a review of Education White<br />

Paper No.6 to develop a framework for<br />

inclusive education that would see expansion<br />

of full-service schools and the inclusion of<br />

children with disabilities in mainstream<br />

education.<br />

1. South Africa: Decision to leave International Criminal Court a “deep<br />

betrayal of millions of victims worldwide” (News story, 21 October)<br />

2. South Africa: Smoke and mirrors – Lonmin’s failure to address<br />

housing conditions at Marikana (AFR 53/4552/<strong>2016</strong>)<br />

3. South Africa: Human rights defenders under threat (AFR<br />

53/4058/<strong>2016</strong>)<br />

SOUTH SUDAN<br />

Republic of South Sudan<br />

Head of state and government: Salva Kiir Mayardit<br />

Despite the Agreement on the Resolution of<br />

the Conflict in the Republic of South<br />

Sudan (ARCSS), fighting continued<br />

between government and opposition forces,<br />

along with violations and abuses of<br />

international human rights and<br />

humanitarian law. A Transitional<br />

Government of National Unity (TGoNU) was<br />

formed in April, but it fell apart following<br />

heavy fighting between government and<br />

opposition forces in Juba in July. The<br />

reconstituted government in Juba was<br />

accepted by the international community<br />

but rejected by opposition leader Riek<br />

Machar and his allies. The ongoing fighting<br />

continued with devastating humanitarian<br />

consequences for civilian populations.<br />

Government security services actively<br />

suppressed independent and critical voices<br />

from the opposition, media and human<br />

rights defenders.<br />

BACKGROUND<br />

Implementation of the ARCSS, the peace<br />

agreement, was slow and faced numerous<br />

hurdles including disagreement over the<br />

number of states, the cantonment of<br />

opposition fighters and security arrangements<br />

in the capital Juba.<br />

On 26 April, opposition leader Riek<br />

Machar returned to Juba to be sworn in as<br />

First Vice-President of the TGoNU, as<br />

provided for in the ARCSS. Ministers of the<br />

TGoNU were sworn in the following week.<br />

In early July, a series of violent clashes<br />

between government and opposition forces in<br />

Juba heightened tensions and led to a deadly<br />

shoot-out on 8 July between bodyguards of<br />

President Salva Kiir and then First Vice-<br />

President Riek Machar outside the<br />

Presidential Palace, where the two were<br />

meeting. On 10 and 11 July, there were<br />

heavy clashes between government and<br />

opposition forces in Juba.<br />

The fighting in Juba forced Riek Machar<br />

and opposition forces to flee southward,<br />

where they evaded active pursuit by<br />

government forces over the next month.<br />

Meanwhile President Salva Kiir dismissed<br />

Riek Machar as First Vice-President and<br />

Amnesty International Report <strong>2016</strong>/<strong>17</strong> 333

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