“Senior public officials and military officers should be held
accountable for serious crimes, or we will never see an end to the gross
human rights violations,” said Clapham. “Attacks against civilians
persist precisely because perpetrators are confident they will enjoy
impunity.”
Based on investigations undertaken in South Sudan and the
neighbouring region throughout 2022, the report identifies widespread
attacks against civilians, systematic sexual violence against women and
girls, the ongoing presence of children in fighting forces, and
State-sponsored extrajudicial killings. The Commission’s findings
describe multiple situations where State actors are the primary
perpetrators of serious crimes under South Sudan’s laws, as well as
under international law. Members of non-State armed groups are also
identified as the perpetrators of violent crimes carried out in various
areas of conflict.
“We have documented human rights violations in South Sudan for many
years, and we continue to be shocked by the ongoing violence, including
horrific sexual violence, targeting civilians, and perpetrated by
members of the armed forces, different militia, and armed groups,” said
Clapham. “Last month we again visited the country, where we met in Juba
and Malakal with brave survivors who shared their experiences of trauma,
loss, and hunger. Faced with persistent cycles of violence and
insecurity, many told us they are disillusioned and losing hope.”
The Commission documented a devastating operation in Leer County,
where Government officials directed militias to carry out widespread
killings, systematic rape, and forced displacement against civilians in
an area considered to be loyal to the opposition.
In Tonj North County, the Commission found that security forces
launched a campaign of violence against civilians when the heads of the
Government’s three main security organs deployed to the area.
The report also details extrajudicial killings in Mayom County,
during a military operation overseen by senior government and military
officials. Videos of the killings were shared widely on social media,
causing outrage in a country that is not unfamiliar with brazen acts of
brutal violence.
“It is hard to imagine peace while State actors continue to be
involved in gross human rights violations,” said Afako. “A true
demonstration of the Government’s stated commitments to peace and human
rights would involve dismissing the responsible officials and initiating
prosecutions.”
The report raises alarm about the escalation of violence in Upper
Nile State, where the UN’s protection of civilians site in Malakal has
been overwhelmed by tens of thousands of new arrivals. Survivors of
attacks recounted moving from village to village, pursued by armed men
engaged in killings, rapes and destruction. In two separate events,
civilians sheltering in makeshift displacement camps were attacked
again, and vital humanitarian aid looted. No responsible institution
took timely measures required to protect them, despite the risks of
attacks being well known.
The Commissioners told the Council that South Sudan can be different,
and that the 2018 Revitalized Peace Agreement remains the framework to
address the conflict, repression and corruption that cause immense
suffering and undermine the prospects of peace. The Agreement also
charts a pathway for South Sudanese to make a permanent Constitution
that should strengthen rule of law and respect for human rights, thus
laying foundations for the country’s stability.
“The challenge of advancing peace and human rights in South Sudan is
very heavy, and international attention and support must not flag,” said
Afako. “Long-delayed constitution-making and elections are planned in
the next 18 months, but the civic space needed to make these meaningful
has virtually disappeared. Activists and journalists operate under
threat of death and detention. We demand that the authorities
immediately end the harassment of civil society, and protect political
space.”
Clapham said that although the Government has announced special
investigation committees on several situations examined by the
Commission, only one such body appears to have carried out inquiries, no
reports have been published, and no related criminal trials have taken
place. He added that the Commission continued to preserve evidence to
enable future prosecutions and other accountability measures.
Additional recommendations to improve the human rights situation are
included in the report presented today to the Council. It will be
accompanied by an additional paper later this month with further
detailed findings.
