A/HRC/40/CRP.1
course of which they become exposed to the risk being of raped.248 Although UNMISS has
tried to schedule its patrols at the times when women collect firewood, the Commission
continued to hear reports of women being raped when collecting firewood. Even within the
PoC sites, women are at risk of being sexually assaulted. In September 2018, UNMISS
reported that it had forwarded 16 cases of alleged sexual violence which occurred in the PoC
sites in Juba, Malakal and Bentiu to the National Director of Public Prosecution.249 UNMISS
has since provided logistical support to a mobile court in Malakal and Bentiu in October and
December 2018 and January 2019 to try these case. The mobile court in Malakal tried five
people charged with sexual violence crimes in the PoC sites and handed down convictions
and sentences ranging from 18 months to 10 years. The two sessions of the mobile court in
Bentiu resulted in six convictions for rape.250 The situation in the PoC sites is even more
difficult for the most vulnerable such as elderly people, people with disabilities, children, and
single mothers.
4.
Health
a) Access to Health Care
South Sudan has some of the worst health indicators globally.251 The population is
highly susceptible to disease, particularly in light of the high levels of displacement, lack of
sanitation, and conflict-related injuries. There is insufficient access to health care. Indeed, the
lack of access to health care significantly contributes to morbidity as 70 percent of deaths in
South Sudan are caused by curable diseases such as malaria, respiratory tract infections, and
diarrhoea.252
Access to health care is limited with very unequal access across the country.
According to the World Health Organization (WHO), 67 out of 80 counties have inadequate
or no health care services at all due to dilapidated structures, destruction and closure of health
facilities, and displacement of health care workers.253 At the end of 2017, it was estimated
that 22 percent of South Sudan’s health facilities (419 out of the 1,894) were non-functional
in part due to the on-going conflict.254 Further, only 400 health care facilities were fully
operational.255 Non-functioning health facilities were primarily located in Western Bahr el
Ghazal, Unity, Upper Nile, and Jonglei States broadly correlating where there have been high
levels of conflict.256
The large number of non-functional health care facilities, combined with there being
few facilities to start with, means that a majority of the population does not live within easy
access to health care. An estimated 71 percent of the population lives more than five
kilometres away from the closest public health facility, which is approximately equivalent to
one hour of travel from a health facility. 257 Only three Counties (Kajo Keji, Yei and Torit)
reached the target of 70 percent of the population living within five kilometres from a health
facility set by the Ministry of Health to be achieved by 2015.258 With respect to secondary
Global Women’s Institute, “No Safe Place: A lifetime of violence for conflict-affected women and girls in South Sudan”, George
Washington University, 2017.
249 United Nations Security Council, Report of the Secretary-General on South Sudan (covering the period from 4 June to 1
September 2018), S/2018/831, 17 September 2018; USAID,11outh Sudan – Crisis Fact Sheet #11, 7 September 2018;
Commission Meeting with PoC Representatives, Juba, 22 August 2018.
250 For cases arising out of the PoCs, the UNMISS Rule of Law Advisory Section liaises with national authorities to have cases heard
within the domestic justice system and provides logistical support to the national authorities for these cases. In so doing, it
ensures due process and human rights are respected, including ensuring that no accused person is transferred to national
authorities if charges are framed in such a way that the death penalty could be imposed, monitoring trials for fair trial rights, and
inspecting prison conditions.
251 WHO, South Sudan Fact Sheet: Emergency Risk and Crisis Management, March 2014.
252 ICRC, Facts and Figures: South Sudan, January – June 2018.
253 WHO, Country Cooperation Strategy at a Glance: South Sudan, May 2017.
254 WHO, South Sudan Humanitarian Response Plan January to December 2018, December 2017.
255 OCHA, 2018 Humanitarian Needs Overview: South Sudan, November 2017.
256 Health Cluster, Health Cluster Bulletin #4, 30 April 2018.
257 Peter M. Macharia, et. al., “Spatial accessibility to basic public health services in South Sudan”, Geospat Health, 12(1): 510, May
2017.
258 Peter M. Macharia, et. al., “Spatial accessibility to basic public health services in South Sudan”, Geospat Health, 12(1): 510, May
2017.
248
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