A/HRC/40/CRP.1
Another instance of retaliation against the civilian Equatorian population occurred in
February or March 2018, when the SPLA-IO reportedly attacked the SPLA barracks in
Kogulu, six miles from Yei town on the road leading toward the Democratic Republic of the
Congo, and took control of the town. The same day, SPLA soldiers fleeing that battle returned
to Yei town and began to retaliate against local people, especially Bari Men and boys,
accusing them of providing information about Government forces to the SPLA-IO. A witness
heard the soldiers saying: “Equatorians, you are the one who are with the Nuers in IO in the
bush. They kill the Dinka so the Equatorians who are in town will pay for it”. 1221 During this
incident, SPLA soldiers also robbed at gunpoint any Equatorians whom they encountered.
This generated fear among civilians and forced them to flee towards Uganda that same day.
During this exodus, a witness reported seeing the bodies of dead civilians lying around the
main roundabout next to Freedom square in Yei town. Later, the same witness recounted
seeing dead bodies of civilians in Mugwo payam of Yei County, as well as along the road on
the way to the border with Uganda.1222
SPLA soldiers have also engaged in looting in the region. For example, in January
2018, approximately 30 uniformed SPLA soldiers, all Dinka, went to Atende village, five
miles outside of Yei town, where Kakwa people live and keep cattle. The soldiers looted at
least 100 cattle and shot dead those that would not follow the herd as it was led away. 1223
Another instance of looting reported to the Commission occurred in August 2018, in
a village in Yei County when the shop of a Kakwa merchant was attacked after dark by a
large group of soldiers whom a witness recognised as Dinka by the scarring on their
foreheads.1224 The SPLA soldiers stole 80,000 SSP and chased the merchant out of the shop,
beating him across the back of his head with a rifle butt. When he returned the next morning,
the shop had been looted of all valuable items leaving only items such as toilet paper. The
victim mourned: “The soldiers left me with nothing, survival was getting hard”. 1225 After this
event, the merchant ceased trading and just hid in his house in order to avoid the government
soldiers. He eventually fled to Uganda in January 2019.1226
Witnesses also recounted how around this time, SPLA forces would always attribute
responsibility for attacks to “unknown gunmen” even though the Government was in full
control of the town.1227 One such incident occurred around August 2018, near Mahat, north
of Yei bridge on the Juba road, when unidentified armed men attacked a family in their home.
A man and his wife were hacked to death with a panga (machete). Their seven-month
daughter was also attacked, her left hand and an ear were cut off, but she survived. Their
10-year-old daughter, who had remained hidden behind a curtain, witnessed the whole assault
and later recounted it to the police in presence of the witness to whom the Commission spoke.
This witness had also seen the bodies. The daughter identified the assailants as Dinka men.1228
Witnesses further informed the Commission that since 2016, SPLA Government
forces have continually and systematically detained Kakwa men in the military barracks in
the Yei area, many of whom were then methodically executed. Such operations are conducted
by a ‘Joint-Operations Force’, consisting of SPLA, Police and Prison officers. Moreover, the
Commission collected evidence about one Kakwa SPLA soldier who was arrested and
detained for two days in the Yei military barracks in the second half of 2018. This was done
on the orders of the SPLA Dinka Brigade Commander, who accused him of colluding with
“the rebels.” Whilst the soldier was detained, his family was attacked at home. His wife was
shot in the stomach and killed and their house was the burnt down with the family inside,
including their six-month old baby.
The Commission received accounts of such arrests taking place a recently as midJanuary 2019 when SPLA soldiers arrested four Kakwa people in Otogo Payam, Morobo
1221
Witness 1073, ERN 102286-102290, para. 11.
Witness 1073, ERN 102286-102290, para. 11.
1223 Witness 1078, ERN 102291-102295, para. 6.
1224 Witness 1078, ERN 102291-102295, para. 8.
1225 Witness 1078, ERN 102291-102295, para. 9.
1226 Witness 1078, ERN 102291-102295, paras. 9, 10.
1227 Witness 1063, ERN 102249-102253, para. 6; Witness 1078, ERN 102291-102295, para. 5.
1228 Witness 1078, ERN 102291-102295, para. 7.
1222
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