A/HRC/40/CRP.1 the dismissal of 16 people from the work place as well as several acts of intimidation, harassment, and other forms of violence. It further found that at least nine media institutions were subjected to restrictions, with three media houses closed or suspended, four websites blocked, and at least eight articles censored from two newspapers. In relation to the four websites blocked in July 2017 on instructions from the South Sudan National Communication Authority (SSNCA), two were news websites (Sudan Tribune and Radio Tamazuj) and two were blogs (Nyamilepedia and Paanluel Wel).142 At the time that they were blocked, the SSNCA alleged that they were disseminating “non-peace” messages, not considered to be “in the best interests of the country”. These continue to be inaccessible in South Sudan at the time of writing a year and a half later. 143 In early January 2019, the Editor in Chief of the Al Watan Arabic newspaper based in Juba was summoned to appear before the Media Authority as a result of three opinion pieces he had written about the protests in Sudan. The Media Authority’s summons indicated that “The ongoing protests in Khartoum are internal issues affecting a friendly nation, the media in South Sudan should not write or broadcast instigative statements and comments about it.”144 The next day, Media Authority reportedly ordered him to immediately stop writing anything related to the situation in Sudan and gave him 72 hours to apologize to the Government of Sudan, which he refused to do. The Editor in Chief reported that he has been receiving threatening anonymous phone calls and has since reportedly fled the country.145 The Commission also received information about South Sudanese journalists who have left South Sudan for security reasons continuing to be threatened and who remain under surveillance as a result of their journalistic work once in Uganda.146 South Sudan’s international obligations and domestic law recognise the right to freedom of expression; however, aspects of South Sudan’s domestic law undermine this right. With respect to international human rights law, the African Charter on Human and Peoples’ Rights, to which South Sudan is a party, recognises in Article 9 the right to receive information and to express and disseminate opinions within the law. 147 The Commission notes that the African Charter does not permit derogations. 148 Furthermore, journalists are protected as civilians during times of non-international armed conflict under Additional Protocol II provided they do not take direct part in the conflict.149 South Sudan has not yet acceded to the International Covenant on Civil and Political Rights (ICCPR), which protects freedom of expression in Article 19. However, it is encouraging that the Government has taken domestic steps to accede to the ICCPR: the Council of Ministers has submitted this treaty, along with others, to the National Assembly for adoption. Indeed, the official guiding principles of the Media Authority Act (2013) refer to Article 19 of the ICCPR. 150 South Sudan has maintained that the fact that it has not yet acceded to the treaty is “not a lack of will to adhere to international standards”. 151 142 UNMISS/OHCHR, Report on the Right to Freedom of Opinion and Expression in South Sudan since the July 2016 Crisis, February 2018. 143 Radio Tamazuj, “Opinion: South Sudan government should lift ban on blocked news websites”, 14 January 2019. 144 Republic of South Sudan Media Authority, Letter of Summon to Al Watan Arabic Newspaper, signed by the Director General of the Media Authority, 7 January 2019, on file with the Commission, ERN D114939-D114939. 145 Eye Radio, “Al Watan chief editor says his life under threats”, 14 January 2019; Eye Radio, “I can’t apologize –Al Watan chief editor tells S. Sudan Media Authority”, 8 January 2019; RFI, “South Sudan editor flees after receiving gag order”, 29 January 2019. 146 Confidential Meeting, Uganda, 19 December 2019. 147 The African Commission on Human and Peoples’ Rights has considered that arbitrarily arresting and detaining journalists, seizing magazine publications because they are critical of the government, closing media houses, establishing prohibitive registration requirements amount to violations under the African Charter. The Commission found violations of Articles 6, 7, 9, 14 and 16 of the African Charter. African Commission on Human and Peoples’ Rights, Media Rights Agenda et al. v. Nigeria, Communications 105/93-128/94-130/94-152/96, 31 October 1998. 148 See African Commission on Human and Peoples’ Rights, Media Rights Agenda et al. v. Nigeria, Communications 105/93-128/94130/94-152/96, 31 October 1998, para. 67. 149 Additional Protocol II to the Geneva Conventions, Article 13; ICRC, Customary IHL Database, “Rule 34. Journalists”, https://ihldatabases.icrc.org/customary-ihl/eng/docs/v1_rul_rule34. 150 Media Authority Act (2013), section 6(2). 151 Letter dated 31 October 2013 from the Permanent Representative of South Sudan to the United Nations addressed to the President of the General Assembly, A/68/565, 31 October 2013. 26