The Committee on the Rights of the Child today concluded its consideration of the initial report of South Sudan, with Committee Experts praising South Sudan’s child act, and raising questions about the recruitment of children by Government forces and armed groups, and about school feeding schemes. Several Committee Experts commended South Sudan on the child act, which one Expert described as having “ground-breaking provisions”. Gehad Madi, Committee Expert and Coordinator of the Country Taskforce for South Sudan, expressed serious concern that children continued to be recruited by Government forces and armed groups. There was a lack of support for such children in reintegrating in society, and there was still impunity regarding this crime. What measures were in place to address the situation? Eighty children had been abducted by Government forces and security forces between 2018 and 2020. What was the fate of those children, and what had been done to punish those responsible? Another Committee Expert said that South Sudan was facing food insecurity, and children and women were particularly affected as a result. What measures were in place to address the challenges of food insecurity and malnutrition? What efforts were being made to reintroduce school feeding schemes? Addressing the issue of child recruitment, the delegation said that a new action plan on preventing the use of children in armed conflict was signed in 2020. Under the latest plan, committees had been established to collect recruited children, place them in training centres, and then reintegrate them back into their communities. Mobile justices dealt with cases of rights violations against children across the country. Regarding school feeding schemes, the delegation said that the Ministry of Agriculture had developed a home-grown school feeding programme that was being piloted in schools. In this programme, schools were encouraged to cultivate their own food to feed their students. The World Food Programme planned to soon restore school feeding programmes in some schools. In closing remarks, Mr. Madi said children in South Sudan faced many issues, and to tackle these, changes in mindset were necessary. The State needed to immediately abolish the recruitment of child soldiers and hold those who recruited children accountable. Mr. Madi called on the State party to give due attention to the Committee’s concluding observations, and called on non-governmental organizations and other stakeholders to also respond to these observations. In her concluding remarks, Aya Benjamin Libo Warrille, Minister of Gender, Child and Social Welfare of South Sudan and head of the delegation, said that issues had emerged during the dialogue that the Government was committed to addressing. It would work to identify gaps, seek solutions and implement the Committee’s recommendations. The Government aimed to uphold the rights of all children in South Sudan. The delegation of South Sudan consisted of representatives from the Ministry of Justice and Constitutional Affairs; Ministry of Gender, Child and Social Welfare; Transitional National Legislative Assembly; Ministry of Foreign Affairs and International Cooperation; South Sudan People"s Defense Forces; Ministry of General Education and Instructions; and the Permanent Mission of South Sudan to the United Nations Office at Geneva. The Committee will issue its concluding observations on the report of South Sudan at the end of its ninety-first session on 23 September. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s ninety-first session and other documents related to the session can be found here. The Committee will next meet in public on Monday, 5 September at 3 p.m. to consider the combined fifth and sixth periodic report of Germany (CRC/C/DEU/5-6). Report The Committee has before it the initial report of South Sudan (CRC/C/SSD/1). Presentation of Report AYA BENJAMIN LIBO WARRILLE, Minister of Gender, Child and Social Welfare of South Sudan and head of the delegation, said that South Sudan had made efforts to implement the Convention and its Optional Protocols through the domestication and development of relevant policies at various institutions at all levels of the Government. Among others, policies were set up on children without appropriate care, national disability and inclusion, inclusive education, justice for children, social protection, and comprehensive action on children associated with armed conflict. The dialogue would inform the country’s approach to considering and implementing the Convention. It would also enhance the Government’s implementation of the reform provisions of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, 2018, which included the establishment of transitional justice institutions, judicial reforms and legislative reforms. The Minister expressed the commitment of the Government of South Sudan to the full implementation of all obligations enshrined in the Convention. Questions by Committee Experts GEHAD MADI, Committee Expert and Coordinator of the Country Taskforce for South Sudan, congratulated South Sudan on submitting an open and transparent report that identified many issues. The Committee did not wish to judge the State, but rather to assist it in the implementation of the Convention. The two main instruments to implement the Convention were the child act and the bill of rights. What progress had been made to bring customary laws into compliance with the Convention? The Committee had received the State’s report under the Optional Protocol on children in armed conflict, but the report under the Optional Protocol on the sale of children was overdue. What steps had been taken to ratify the third Optional Protocol? There were several reports of mismanagement of funds in South Sudan. What measures had been taken to tackle corruption, and how did the Government ensure an appropriate budget for measures to ensure children’s rights? What steps had been taken to develop a national plan on promoting the rights of the child? The Government faced challenges in ensuring coordination between national and state levels. What steps had been taken to overcome these? Did the Ministry of Gender, Child and Social Welfare have the authority to implement its mandate? The State had reported that it was not prepared to establish an independent child commission. What had been done to address this? Data collection was a continuing issue that needed to be addressed. What measures were in place to make the public aware of the child act and the Convention? Were guidelines in place for businesses on protecting children’s rights? What measures had been taken to enforce the definition of childhood as being under 18 years of age? Another Committee Expert said that the Government had developed several reforms at the legislative level, and the challenge now was to implement them. The civil registration act of 2018 was an important act, but the lack of a birth registration system was a serious concern. Most births took place at home, so it was necessary to have a system that could capture births and deaths in the home. What measures were in place to implement a functioning civil registration system? Had measures been taken to raise awareness about the importance of birth registration? Had the State party considered ratifying the international conventions on statelessness? Children had no access to information or the media in some parts of South Sudan, and were not informed about issues taking place in the country. Many parents were illiterate. What measures were in place to address these challenges? A Committee Expert asked about measures to put an end to discrimination against girls in all spheres, to guarantee that girls could access education and health, and to strengthen the national gender policy. Was there a mechanism that monitored the rights of children? What measures were in place to protect children with HIV/AIDS? What training was provided to professionals that worked with children? The death penalty was still applied to children. What measures were being taken to ensure the non-application of the death penalty to children, and punish those who carried it out? Was the State party taking steps to renew the national action plan on the removal of mines? What measures would the State party take to eliminate the preventable mortality of children? Had tools been developed to listen to children’s views? One Committee Expert said that section 56 of the child act and gender-based violence management legislation were commendable. Penalties for teachers who engaged in corporal punishment were in place. Were there any concrete examples of the application of such punishment? There were reports that cases of child abuse were underreported, and that some cases only went to customary courts. What laws were used to judge such cases in customary courts? Child marriage was punished by up to seven years imprisonment. Who did this penalty apply to? What measures had been taken to address child marriage? The practice of female genital mutilation was concentrated in the northern border regions. The practice was criminalised, and 80 per cent of the population opposed it. What had been done to discourage the practice? What efforts were being taken to address gender-based violence? The Committee commended legislation banning corporal punishment. What non-legislative measures had been taken to prevent the practice? What efforts had been taken to establish a child helpline? Responses by the Delegation The delegation said that the law review commission examined compliance with the standards of the child act and the Convention, as well as numerous other laws. The Ministry of Justice had established a customary law centre to examine customary laws on issues of marriage, inheritance and succession. Legislation on customary laws would be implemented within two years. Anti-corruption laws were being amended to enhance the prosecution powers of the anti-corruption commission. There was also an oversight body dealing with issues of financial management reforms. The Human Rights Commission would be given more powers in accordance with the Paris Principles to allow it to better protect the rights of children. The child act defined a child, following the Convention, as being a person under the age of 18. The Constitution prohibited the use of the death penalty on persons under the age of 18, established the age of marriage as being 18 and above, and prohibited forced marriage. South Sudan had acceded to the two conventions on statelessness last year. The Revitalised Agreement on the Resolution of the Conflict in South Sudan established oversight committees to monitor the use of public funds and implement measures to prevent corruption. The comprehensive action plan on the rights of the child had been passed in April this year, but the Government had yet to operationalise it. The Ministry of Gender, Child and Social Welfare had a broad mandate, and needed adequate human resources to implement its mandate. The budget of the Ministry was 0.6 per cent of the overall budget last year. However, this year, it would receive an increased budget and be able to introduce new programmes. The Ministry aimed to establish a child commission soon. A facility to collect disaggregated data on children was being established. The Ministry was raising awareness about the child act and the Convention though training workshops. The State had not developed guidelines to protect children in business sectors, but would consider this as a future initiative. The civil registry act ensured that births were registered and protected children from rights violations. The Ministry was working hard to ensure that this act was operationalised. The Government had established a gender focal person in all Ministries, and trained public officials on gender issues and gender planning. The Government was currently reviewing the national gender policy. Technical working groups on land mine action were held regularly, and an action plan on protecting persons with disabilities had been implemented. Reducing the high maternal and infant mortality rates was another major challenge. South Sudan had made a commitment of zero tolerance for gender-based violence, and a commitment to reducing maternal and infant mortality. A study on investment to meet targets on reducing mortality was being carried out. Children’s participation in political life was important. The Government promoted children’s participation on various national days, such as the Day for Girls and the Day against Children in Armed Conflict. The Government always ensured that children’s views were taken into consideration. Around 98 per cent of the survivors of gender-based violence were women and girls. The needs of both female and male survivors of gender-based violence, including children, were taken into consideration by the Government. Draft legislation on female genital mutilation had been prepared and was being deliberated. Campaigns were being held to end child marriage by 2030, and human rights champions appointed by the African Union were travelling around the country to encourage an end to child marriage. A strategic action plan on ending child marriage by 2030 had been released this February. Alcohol and other drugs were a major cause of family violence, and the State was working to address substance abuse. The Ministry of Gender, Child and Social Welfare aimed to establish a child helpline as well as a gender-based violence hotline in the coming year with the support of the World Bank. Questions by Committee Experts A Committee Expert commended South Sudan on the child act, which had ground-breaking provisions. Were its provisions in conflict with customary law? Did customary law have parity with national legislation, or did national legislation have superiority? The Expert called for a campaign to eliminate female genital mutilation entirely. The Expert was happy to note that the death penalty was not allowed to be implemented on persons below the age of 18. How did the State party ensure that this legislation was abided by? GEHAD MADI, Committee Expert and Coordinator of the Country Taskforce for South Sudan, said he understood “customary laws” as a form of “family law”. Did customary laws deal with issues such as inheritance and marriage? A Committee Expert asked if life sentences could be imposed on children. What specific plans were in place to clear mines and reduce maternal and infant mortality? Another Committee Expert said that sexual abuse against girls was prohibited in the child act. Were there provisions prohibiting sexual violence against boys? One of the main problems relating to violence against children was substance abuse. What measures were in place to stop cheap alcohol coming into South Sudan from neighbouring countries? Was polygamy a contributor to violence against children? How was polygamy addressed? Did the State party intend to source finances for measures to promote the rights of children domestically or from overseas? A Committee Expert said that it was not clear what measures had been taken to improve children’s access to information or the media and other means of communication. Had measures been taken to provide households with telephones? One Committee Expert asked about the laws examined by the customary law commission. Were children’s rights being considered by the Human Rights Commission? The Expert congratulated the State on its efforts to raise awareness about the use of children in armed conflict. What initiatives were being taken to prevent the practice? Another Committee Expert asked for clarification regarding whether life sentences and the death penalty did not apply to persons who were children at the time of committing an illegal act, or at the time of prosecution. Responses by the Delegation The delegation said that there was a limited number of health facilities, so the Government was working to open more health facilities in rural areas through the women health initiative. The Government needed to train midwives and health workers to attend to deliveries. Child marriage was another contributing factor to maternal mortality. The State was encouraging children to be immunised and to receive health check-ups frequently. Substance abuse was a serious issue in South Sudan. The Government was working to regulate the use of substances and support the rehabilitation of children who abused substances. Polygamy led to the abuse of children. Children born in polygamous families ended up living and working on the street, and were often subjected to violence. Polygamy needed to be regulated in South Sudan. The State ensured that the views of children were respected in child custody cases. During the COVID-19 pandemic, the “Education on Air” initiative had been launched, which provided long-distance education for children. Youth were involved in consultations regarding initiatives to combat gender-based violence and female genital mutilation. In the 2021 census, data on children with disabilities was collected and disaggregated based on disability. Children were required to submit birth certificates to enrol in school. Children without birth certificates were asked to receive an age assessment at a hospital. The Ministry of Education was encouraging girls to stay in school. The Constitution was the only supreme law, and customary law was not prioritised over common law. The child act mentioned only female children in article 26, but other provisions protected male children from abuse. Female genital mutilation was also listed as a punishable offence in this law. Common law could not be applied retrospectively. When a child committed an offence, they could not be punished with the death penalty after reaching the age of 18. Children had not been issued life imprisonment sentences. Children in prisons were provided with training from the United Nations Development Programme, and the Government was working to establish reformatory schools. The Human Rights Commission monitored the activities of the Government and ensured that it upheld human rights and children’s rights. It could receive complaints from children who were abused. South Sudan had established a juvenile court, and training had been provided to judges and prosecutors. South Sudan was engaged in reforming the judicial system, and aimed to bring in judges from other common law jurisdictions. Questions by Committee Experts A Committee Expert asked for more information on the Boma health initiative. Was the State planning to increase the budget for health to decrease dependence on non-governmental organizations for funding. What was being done to ensure that health workers’ wages were paid on time? A strategy for promoting child and neo-natal health was in place. Had the State earmarked sufficient resources for this plan? What measures were in place to ensure that all children received sex education? Did the State plan to decriminalise abortion? Were there plans to address adolescents’ mental health? Were there plans to support children who had become addicted to substances? Did the State promote breastfeeding? Were there preventive mechanisms to protect girls from HIV/AIDS? What plans were in place to tackle climate change and reduce disaster risks? What measures were in place to strengthen the national environment policy? Were there plans to strengthen the irrigation system? Had climate change been included in the teaching syllabus? What measures were in place to ensure access to drinking water in rural areas? A Committee Expert said that progress had been made in developing the education system in South Sudan. The general education act of 2012 made primary and secondary education free and compulsory. How was “free” interpreted? There were reportedly challenges related to education fees. To what extent was pre-primary education accessible? Teachers were predominately male. Did this affect the attendance rate of girls? How was the Government encouraging girls to attend classes? Government schools required uniforms. Were uniforms a barrier to access to education? The primary net enrolment rate was around 65 per cent, but the secondary net enrolment rate was only two per cent. What was being done to address this situation? Were there instances where girls who fell pregnant were kicked out of schools? Was human rights education carried out in all levels of schooling? Was the use of English as the language of instruction a barrier to accessing education? Another Committee Expert said that one per cent of the budget had been invested in social protection initiatives. Around 99 per cent of the social protection budget was provided by donor funding. Why was the State budget so low? What steps were being taken to encourage family reunification? What policies were in place regarding foster care? A plan to provide care for children deprived of a family environment had been established. How was this plan implemented and budgeted? There were a limited number of social workers with limited training, low pay, and limited resources. What measures were in place to increase the number of social workers, build their capacity and provide more resources? GEHAD MADI, Committee Expert and Coordinator of the Country Taskforce for South Sudan, welcomed measures taken to protect, register and reunite internally displaced children with their families. However, there were still over 7,500 children requiring family tracing services. What measures were in place to support these children? What was the number of refugees who had returned to South Sudan, and what measures had been taken to support those refugees? Eighty children had been abducted by Government forces and security forces between 2018 and 2020. What was the fate of those children, and what had been done to punish those responsible? South Sudan was ethnically diverse. How did the State protect the rights of children from minority groups? There was no accurate data on the number of children in street situations. What was being done to protect such children, who were detained for committing petty crimes and recruited into the armed forces? Child labour was widespread, including in hazardous work. What had been done to enforce International Labour Office conventions and train inspectors to enforce child labour laws? There were legal policies to fight trafficking of children, but much more needed to be done to fight this practice. Mr. Madi hoped that the judicial reforms would lead to the prevention of arbitrary arrests of children. Children were held in pre-trial detention for prolonged periods and sometimes housed with adults. The judiciary had not received appropriate training on supporting children. How did the State intend to improve this situation? He said he was seriously concerned that children continued to be recruited by Government forces and armed groups, and there was a lack of support for such children in reintegrating in society. There was still impunity regarding this crime. What measures were in place to address the situation? Responses by the Delegation The delegation said that in South Sudan, 53 per cent of enrolled students were male and 47 per cent were female. Uniforms were not a necessity in public schools, although private schools could require uniforms. Sexual education and climate change education were a part of the curriculum. School was not completely free, but textbooks were funded by the Government. Girls who became pregnant were encouraged to remain in school. English remained the general language of instruction due to a lack of materials in native languages, but materials had been prepared in five native languages for early primary education, and native language material for other levels was being prepared. The Ministry of Education provided an alternative education system for older students who had missed out on early primary education. The Government supported the education of returning refugees. Schools were being constructed in rural areas to make education more accessible. There were still schools that did not have access to drinking water, but the Government was working to construct drinking water facilities in those schools. The Boma health initiative aimed to increase maternal health services and protect the health of children in communities. Health financing had been reliant on donor funding. The current budget for health care was only two per cent of the total budget, but the Government was working towards achieving the 15 per cent target set by the Abuja Declaration. The Ministry of Health promoted breastfeeding. Alternative care and institutionalisation were a last resort, and community and family care were encouraged. South Sudan was developing guidelines on care centre facilities and foster care. The Government planned to implement a pilot child support grant to reduce child poverty. Foster care grants and a scholarship programme for girls in school was also planned. To remove children from the streets, the Government intended to construct child support centres. The Government was also conducting family tracing and working to reintegrate street children in society. It aimed to increase salaries and training for social workers. The Government had yet to establish statistics on child refugees, but was working on this. It was considering drafting a law to protect the rights of minority groups. The Ministry of Justice aimed to prevent children from being detained with adults, whether they were detained for petty crimes, or detained for extended periods of time. The minimum age for engagement in light work was 12 years. The Government was raising awareness about preventing child labour. Trafficking in children had become a national issue. Awareness raising campaigns were being carried out on trafficking issues. Police and border officers had been trained to detect and prevent trafficking. Discussions were ongoing regarding the ratification of the Convention against Transnational Organised Crime. The child act clearly spelled out restorative justice principles. A diversion scheme had been developed, and victim-offender mediation was practiced when children committed offenses. Abortion was not mentioned in the Penal Code. Facilities for abortion were available in South Sudan, and no person had been prosecuted for abortion. The 2008 judiciary act was being amended to improve the structuring of the judiciary and set rules regarding judges’ salaries. A Constitutional Court and a specialised court for dealing with juvenile, employment and family issues would be established under the amended act. Specialised detention centres had been created for underage offenders, and police had been trained on how to investigate women and children. A new action plan on preventing the use of children in armed conflict was signed in 2020. Under the latest plan, committees had been established to collect recruited children and place them in training centres, then reintegrate them back into their communities. Military justices, local chiefs, youth leaders and university students had received training on child protection and human rights. Mobile justices dealt with cases of rights violations against children across the country. A conference on child protection had been held and attended by 150 stakeholders. Questions by Committee Experts GEHAD MADI, Committee Expert and Coordinator of the Country Taskforce for South Sudan, asked if there was explicit criminalisation of children in armed conflict. Were recruiters captured and tried in court? A Committee Expert said that South Sudan was facing food insecurity, and children and women were particularly affected as a result. What measures were in place to address the challenges of food insecurity and malnutrition? What efforts were being made to reintroduce school feeding schemes, and to protect children from mines? Another Committee Expert asked if teenage girls who fell pregnant had access to safe abortions, and if they received counselling. What activities had been undertaken to tackle discrimination against children with disabilities, and what measures were being taken to raise awareness about such discrimination? Could children with disabilities participate fully in schools and communities? What plans were in place to move children out of institutions? How would the State tackle the rising numbers of juvenile gangs? One Committee Expert said that girls faced difficulties in attending school, often blocked by their families. Were girls still given away to resolve family disputes? What was the Government doing to reduce the rate of child mortality, and reduce dependence on donors for funding healthcare? Was it working to replace facilities that had been destroyed in conflicts? Sixty-five per cent of children did not have birth registration. Would it be possible to have judges visit communities to provide birth registration services? What was being done to raise the low vaccination rate? Had the Government achieved its goal of 98 per cent exclusive breastfeeding? Did people living in nomadic communities have access to HIV/AIDS treatment? A Committee Expert asked about strategies to reduce difficulties in communicating the importance of early childhood education in rural areas, and to establish early learning centres in these areas. Another Committee Expert asked how the State party was implementing the restorative justice system. Were safeguards provided to victims and perpetrators? There were certain offences where it was difficult to implement restorative justice, such as sexual violence. Was the State reviewing its anti-discrimination policy to ensure that girls were able to attend school? Responses by the Delegation The delegation said that facilities had been established to provide abortion services by the Ministry of Health. Any person who committed female genital mutilation was sentenced to 10 years imprisonment. Programmes were in place in prisons that gave young offenders the opportunity to participate in vocational training or continue school education. In cases of sexual violence, restorative justice measures were not used. The gender-based violence bill would prohibit the use of girls to settle disputes, and establish sanctions to punish persons who used girls in this way. The Ministry of Agriculture had developed a home-grown school feeding programme that was being piloted in schools. In this programme, schools were encouraged to cultivate their own food to feed their students. The World Food Programme planned to soon restore school feeding programmes in some schools. The Ministry of Education did not have a policy on special needs education. Instead, it encouraged inclusive education. Schools in the Upper Nile region that had been destroyed due to conflict had been rebuilt. Watchdogs had been established to identify girls at risk of being forced to marry and prevent such marriages. In some cases, at-risk girls were placed in boarding schools for their protection. The Ministry of Education required that all primary schools had early education centres for children aged three to five to support early education in rural areas. The Government needed time to implement its action plan on preventing the use of children in armed conflict, and would exert more efforts toward holding persons who recruited children to account after the action plan had been implemented further. Questions by Committee Experts A Committee Expert asked about measures in place to register births and tackle early pregnancy. What progress had the Government made in ratifying the African Charter? Girls were at risk of abduction not only on their way to school but also when they went to fetch water. What was being done to make up for time lost when children could not attend schools during the rainy season? Another Committee Expert said that it was not clear whether the State would increase the number of social workers or their salaries. Was there a plan in this regard? One Committee Expert said that the implementation of the death penalty was lagging behind legislation. Amnesty International had reported that children were issued the death penalty. Was there a plan for ensuring access to education for children in rural areas? Responses by the Delegation The delegation said that birth registration was a major challenge. The State party would investigate measures such as mobile justices to increase birth registration. The Government aimed to perform a comprehensive assessment of social work, and planned to increase the pay of all public workers, especially social workers. A project would soon be conducted to train 400 new social workers. A village had been established for unaccompanied children, and social workers lived with children in these villages and cooked meals for them. South Sudan had ratified the African Charter in 2017, but had yet to deposit it to the African Union. The Government was working to finalise this process. Comprehensive sexual education had been implemented to prevent unintended pregnancy. The Ministry of Education was lobbying at a grassroots level to prevent forced marriage and promote birth registration. Teachers were limited in rural areas. The Government aimed to establish more primary schools and temporary learning spaces in rural areas, and was advocating to parents to send their children to school. The delegation had not seen any records of executions of underage persons. Closing Remarks GEHAD MADI, Committee Expert and Coordinator of the Country Taskforce for South Sudan, said that the Committee appreciated the clarity and honesty of the delegation’s replies. These showed the State party’s willingness to protect the rights of children in South Sudan. Children in South Sudan faced many issues. To tackle these, changes in mindset were necessary. Some issues required immediate attention. The State needed to immediately abolish the recruitment of child soldiers and hold those who recruited children accountable. Mr. Madi called on the State party to give due attention to the Committee’s concluding observations, and called on non-governmental organizations and other stakeholders to also respond to these observations. AYA BENJAMIN LIBO WARRILLE, Minister of Gender, Child and Social Welfare of South Sudan and head of the delegation, thanked the Committee for the interactive dialogue. Issues had emerged during the dialogue that the Government was committed to addressing. It would work to identify gaps, seek solutions and implement the Committee’s recommendations. The Government aimed to uphold the rights of all children in South Sudan. MIKIKO OTANI, Committee Chair, expressed hope that the dialogue and the Committee’s recommendations would be of benefit to the children of South Sudan. Ms. Otani gave her best wishes to the children of South Sudan. Produced by the United Nations Information Service in Geneva for use of the information media; not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.