A/HRC/40/CRP.1
Aweil West are much smaller areas but much more densely populated and are predominantly
Dinka populated (approximately 300,000 inhabitants).903
The effect of the conglomeration of these three counties was that Lol State’s
population is majority Dinka, increasing their political influence, whereas the majority of its
territory, including its capital, Raga town, had traditionally been Fertit dominated.904 The new
Lol State was highly unpopular with the Fertit community and as soon as it was announced,
a number of petitions from the traditional leaders, civil society, and “intellectuals” were
addressed to the President and taken to Juba objecting to the proposed change. 905 They
predominantly objected to the amalgamation of peoples of different pastoralist and
agricultural traditions into one governance entity, fearing the resulting frictions. The move
was equally unpopular with the Dinka from the former Northern Bahr el Ghazal who also
petitioned the President against it.906
A number of witnesses interviewed by the Commission traced the rise of conflict and
human rights violations in Raga to the creation of the 28 states.907 In the months following
the creation of Lol State, the Commission was told that Dinkas from Aweil arrived in Raga
and took over a number of the government jobs from the Fertit who had previously occupied
them.908 One witness who was dismissed from her senior position within the government in
Raga in April 2016 complained: “When the change of name was done, the government
brought in staff from Aweil and we lost our positions and had to work as their assistants.” 909
Eleven members of the state legislature were suspended and replaced with people
coming from Aweil, including the Speaker of the Legislature. However, MPs from Aweil do
not want to come to Raga, apparently because they do not support the existence of Lol state,
and as a result the legislature has not met since 2016 as there has been no quorum, such that
there is no democratic oversight of the executive and the legislature has failed to adopt a
constitution.910
In June 2016, government soldiers from Aweil and Mathiang Anyoor began to arrive
in Raga.911 Once there, they started harassing people and looting people’s crops, either
harvesting them before people had a chance or stealing harvested crops.912 This aggravated
tensions between the farming Fertit and the pastoralist Dinkas and on 15 June 2016 fighting
broke out in Raga town displacing at least 3,700 to Aweil West, and more than 3,000 people
north to Sudan.913 Insecurity since then has displaced much of the population of
approximately 53,000 Raga town residents.914
One witness described to the Commission: “Raga town is now deserted. People are
awaiting the decision from the border committee before they will return. Currently there are
not more than 5,000 people in the town. Even the government ministers are not all there.” 915
The above examples show both the risks of creating ethnically-based states and the
risks of failing to balance ethnic, political, and cultural differences. While giving ethnic
groups their own states, as in Upper Nile and Unity States, might appear to decrease conflict,
if this is done without consideration to resource allocation implications and areas that are
either ethnically mixed or claimed by multiple groups, it may in fact increase conflict.
Similarly, the examples of the Dinka Lakes State and the Nuer communities in Northern
Liech State are reminders that sub-divisions within an ethnic group also need to be taken into
903
Sudan Population and Housing Census, 2008; Confidential Meeting, Wau, 19 October 2018.
Confidential Meeting, Wau, 21 August 2018.
905 Petition Traditional Leaders of Raga, 7 October 2015; Petition of Civil Societies of Raga County, 9 October 2015; Petition of
Intellectuals of Raga County, 9 October 2015 annexed to Witness 707, ERN 101891-101903; Witness 704, ERN 101375-101379,
para. 6; Confidential Meeting, Wau, 19 October 2018. See also Radio Tamazuj, “Tribal leaders in Raja reject newly created Lol
State”, 7 October 2015; Radio Tamazuj, “Protest in Wau town ‘Lol State’”, 14 October 2015.
906 Radio Tamazuj, “Disagreements in N Bahr ‘Lol State’”, 21 October 2015.
907 Witness 707, ERN 101891-101903, para. 9; Witness 704, ERN 101375-101379, para. 14.
908 Witness 704, ERN 101375-101379; Focus group with refugees from Raga, Sudan, 27 August 2018.
909 Witness 704, ERN 101375-101379, para. 7.
910 Witness 704, ERN 101375-101379; Confidential Meeting, Wau, 19 October 2018.
911 Witness 704, ERN 101375-101379, para. 9.
912 Witness 706, ERN 101384-101387, para. 5.
913 OCHA, Humanitarian Bulletin South Sudan, Issue 9, 30 June 2016.
914 Confidential Meeting, Wau, 19 October 2018; OCHA, Humanitarian Bulletin South Sudan, Issue 9, 30 June 2016.
915 Witness 707, ERN 101891-101903.
904
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