A/HRC/40/CRP.1
E. Confidential Dossier
The Commission was mandated by the Human Rights Council to “collect and preserve
evidence of, and clarify responsibility for alleged gross violations and abuses of human rights
and related crimes”.1583
The Commission has determined that there are reasonable grounds to believe that a
number of individuals bear responsibility for the related crimes identified by the
Commission. The names of the individuals and links to the evidence related to the crimes
referred to in this report have been placed in a confidential sealed dossier and this has been
handed over to the United Nations High Commissioner for Human Rights. The United
Nations High Commissioner for Human Rights has been asked by the Commission to
consider providing access, in accordance with the relevant protocols, to the information in
this confidential dossier at the appropriate time to relevant institutions, including the Hybrid
Court for South Sudan and other relevant courts of law, following strict witness protection
requirements, to ensure there is justice for the people of South Sudan. Particular attention has
been paid in compiling the sealed dossier to the jurisdiction of the Hybrid Court for South
Sudan to be established by the African Union.
IX.
Conclusions and Recommendations
A. Conclusions
The Commission has identified a number of individuals, units and groups who bear
responsibility for the violations and related crimes, and the individuals concerned should face
prosecution. Their names have been communicated on a strictly confidential basis to the
United Nations High Commissioner for Human Rights. Access to that information is
determined according to protocols established between the Commission and the Office of the
High Commissioner.
Sustainable peace in South Sudan requires meaningful progress towards
accountability for past crimes. The stasis in the establishment of the Hybrid Court for South
Sudan, and the minimal steps taken at the national level to prosecute war crimes including
crimes of sexual violence, are leading to multiple frustrations and anger, doing nothing to
reduce the chances of further violence.
The lawless activities of the National Security Services and Military Intelligence,
often linked to protecting economic interests particularly with regard to the oil sector, risk
turning South Sudan into a police state built on fear and corruption.
The protracted conflict in South Sudan has had the most profound impact on women
and girls, who, on a daily basis, have to confront a horrific variety of acts of sexual violence
committed by government forces and armed actors belonging to the opposition. Such acts
include: the savagery of gang rapes, sexual violence, sexual exploitation, rape, forced
marriage, forced pregnancy, forced abortion, as well as mutilation of sexual organs.
Sexual and gender-based violence remains at crisis levels and needs to be urgently
addressed, with the rate for females as high as 65 percent in some areas1584 and as high as
36 percent for males, though underreporting makes accurate figures difficult to ascertain.1585
These brutal acts are committed in front of children, humiliating the victims, their families
and their communities, destroying the social fabric of South Sudanese society leaving behind
hatred and trauma and sowing the seeds for future violence. There has been almost total
impunity for those responsible for these crimes.
Shortcomings within both the formal and customary justice systems prevent the
resolution of gender violence, which is deeply anchored in tradition and cultural beliefs.
1583
A/HRC/RES/37/31.
What Works to Prevent Violence against Women and Girls consortium, “No Safe Place: A lifetime of violence for conflictaffected women and girls in South Sudan”, 2017.
1585 African Development Bank, “The Political Economy of South Sudan”, August 2018.
1584
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