A/HRC/40/CRP.1
human rights and international humanitarian law, as well as the criminal acts committed in
Leer and Mayendit Counties between April and June 2018.
The Commission requested information from the Government about any
investigations, punitive action or prosecutions it has undertaken in relation to the violations
and crimes committed in southern Unity between April and June 2018.1185 However, the
Commission has received no information regarding steps taken by the Government to
criminally investigate and prosecute those responsible for these events. As noted above, to
the contrary, it appears that some of those involved were promoted rather than punished.
B. Central Equatoria State, 2018
1.
Background and Current Situation
Central Equatoria State has historically been populated predominantly by Barispeaking communities, including the Kakwa, Bari, and Pojulu. However, other ethnic groups,
including Dinka and Nuer, have also historically been present, particularly in Yei town. 1186
The southern part of Central Equatoria State (the new Yei River State), including Yei, Lainya,
Morobo, and Kajo Keji Counties, remained relatively peaceful when the civil war broke out
in South Sudan in December 2013.
Yei, the main town in the area, is of strategic importance as it is a key junction for
road traffic in the area and down to the border with the Democratic Republic of the Congo
and Uganda. Yei is a focal point for cross-border trade, and for the movement of people and
goods in the local area, which is fertile and rich in natural resources, including in particular
teak. Whilst Juba normally relies on the route through Nimule, in Eastern Equatoria, as its
main supply route for the importation of goods from Uganda, any damage or threat to that
route increases the strategic value of Yei as an alternative route. 1187
Reflecting the strategic importance of Yei and the southern part of Central Equatoria
State (new Yei River State), from early 2016, the Government gradually militarized the area
in an attempt to gain and maintain control of the area.1188 This involved the deployment of
SPLA soldiers and the Mathiang Anyoor, a Dinka youth militia raised in Aweil by former
SPLA Chief of Staff Paul Malong. 1189 Insufficiently trained and ill-disciplined, the Mathiang
Anyoor contributed enormously to the subsequent alienation of the local Equatorian
population.1190 The Mathiang Anyoor were deployed along the roads leading south to the
borders to control access to and prevent civilians escaping from the area.1191 Government
forces have continuously controlled the main towns, however, there are large gaps between
SPLA held areas and this allows the opposition forces to communicate and move around
relatively freely.1192
Following the crisis in July 2016, then First Vice President Riek Machar fled Juba,
heading south through the Equatorias towards safety in the Democratic Republic of the
Congo. Initially, he was accompanied by between 2,000 and 4,000 supporters, including
members of his armed security detail who had accompanied his return to Juba in April
2016.1193 As the targeting of Nuers in Juba continued, more and more Nuer joined the exodus
southward, such that the SLPA-IO (RM) presence in Yei and Morobo counties eventually
1185
Note Verbale to the Ministry of Foreign Affairs and International Cooperation of the Government of South Sudan, Requesting
Documentation from Different Ministries, CHRSS/COR/2018/32, 21 November 2018.
1186 REACH, “Situation Overview: Central and Eastern Equatoria, South Sudan”, April - June 2018.
1187 Confidential Meeting, Juba, 27 November 2018.
1188 Confidential Meeting, Juba, 27 November 2018.
1189 Human Security Baseline Assessment for South Sudan and Sudan, “Spreading Fallout: The Collapse of ARCSS and the new
conflict along the Equatorias-DRC border”, Small Arms Survey, Number 28, May 2017, p. 13. For justification of EU sanctions
against General Paul Malong, available at https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32018R1115&from=EN.
1190 Witness 1055, ERN 102254-102260, paras. 15-19; Witness 1074, ERN 102296-102299, para. 5.
1191 Witness 1055, ERN 102254-102260, para. 17. See also Confidential Document, ERN D116653-D116702.
1192 Confidential Meeting, Juba, 19 November 2018.
1193 Human Security Baseline Assessment for South Sudan and Sudan, “Spreading Fallout: The Collapse of ARCSS and the new
conflict along the Equatorias-DRC border”, Small Arms Survey, Number 28, May 2017, p. 3.
152
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