A/HRC/40/CRP.1 Comprehensive Peace Agreement,1061 no such provisions were written into the ARCSS and the R-ARCSS as it was recommended that some of these issues be resolved as part of the transitional justice arrangement.1062 The forced displacement of local inhabitants for the purpose of oil extraction is reportedly continuing in former Jonglei State,1063 apparently to start exploration of the vast Block B. Forcible displacement carries with it, a profound historical and cultural trauma arising from the severing of the deep ties of the local population from its ancestral lands and property, and the accompanying loss of collective memory. Not surprisingly, some inhabitants of oil-producing areas have reportedly opted to remain in their homes, despite the risks to their health posed by the associated environmental pollution. 1064 The Commission urges the Government of South Sudan to implement the abovementioned provisions in South Sudan’s domestic laws and agreements that are meant to guarantee the accountable and transparent use of oil revenues, to improve adherence to the rule of law in the country and in the interests of social justice. In particular, the Commission recommends that redress be provided for the outstanding human rights violation of forcible replacement, as has been repeatedly requested by local and international human rights organizations.1065 It is encouraging that the Government reaffirmed its commitment in this respect by aligning the goals of Chapter IV of the R-ARCSS (dealing with resource, economic and financial management) with its National Development Strategy in 2018. 1066 h) Corporate accountability – South Sudan’s national petroleum company Nilepet A key player in the production and management of oil in South Sudan is the stateowned national petroleum company, the Nile Petroleum Company Ltd. or Nilepet. The company was conceived in 2003 and incorporated under the New Sudan Companies Act in 2009,1067 and is also specifically mentioned under the Petroleum Act (2012).1068 According to the Petroleum Act, the provisions of the Act apply to the national petroleum company “to the same extent as this Act is applicable to any other licensee or contractor, unless otherwise expressly described by legislation.”1069 In spite of these legal safeguards, there have been consistent and detailed reports that describe Nilepet as an entity that operates with impunity above the law in South Sudan. As the national oil company, and given the history and context in which oil production has been carried out in South Sudan, Nilepet should be expected to conform to the highest standards of corporate accountability and institutional transparency. However, core features of the company’s management and operations indicate that it is to a large extent controlled by South Sudan’s National Security Service, and consequently acts in the interests of this body, or of senior members of the South Sudanese Government. While there have been regular changes in the composition of Nilepet’s Board of Directors, the Director General of the Internal Security Bureau of the NSS has reportedly been a member of the board since 2014,1070 although this has never been publicly confirmed by the company. 1071 Other information received by the Commission indicates that another General,1072 who reportedly held a senior position in the NSS in early 2016, may currently be part of Nilepet 1061 Articles 3.1.6, also 4.5 and 9.6. Confidential Meeting, Juba, 17 December 2018. 1063 The East African, “Thousands of South Sudanese to create room for oil extraction”, 12 November 2018. 1064 Confidential Meeting, Juba, 17 December 2018. 1065 European Coalition on Oil in South Sudan/PAX (2014), Scrutiny of South Sudan’s Oil Industry: Community Relations, Labour Practices and Impact on Land Use Patterns pp. 80-81 and 102-116; European Coalition on Oil in Sudan, Unpaid Debt, The Legacy of Lundin, Petronas and OMV in Block 5A, Sudan, 1997-2003, 2010, pp. 65-69. 1066 Republic of South Sudan, National Development Strategy, Consolidate Peace and Stabilize the Economy, 2018. 1067 Nilepet Magazine, November 2018, Issue No. 001, p. 5. 1068 Petroleum Act (2012), section 13. 1069 Petroleum Act (2012), section 13(3). 1070 Global Witness, “Capture on the Nile, South Sudan’s state-owned oil company, Nilepet, has been captured by the country’s predatory elite and security services”, 2018, p. 7. 1071 Global Witness, “Capture on the Nile, South Sudan’s state-owned oil company, Nilepet, has been captured by the country’s predatory elite and security services”, 2018, p. 7. 1072 Radio Tamazuj, “S Sudan’s Kiir appoints new members to media oversight body”, 14 May 2015. 1062 136