A/HRC/40/CRP.1 families.278 As one disabled woman noted, when men attack and rape women who have gone into the bush to collect firewood, she is even more at risk as she cannot run. 279 During attacks, fleeing for safety is more hazardous for people with physical disabilities and for others carrying or guiding them.280 One disabled man told the Commission that when his village was attacked in October 2015, his prosthetic leg was destroyed when the soldiers burned his tukul with his prosthetic leg inside. Since then he has not been able to secure a replacement prosthesis.281 Witnesses have recounted that elderly people, who have less mobility than the general population, often do not flee with the rest of the population to seek shelter in the bush, either as they are physically unable to flee or because they do not wish to delay or slow down younger people, and hope that due to their status in the community they would be spared by the attackers.282 Unfortunately, this hope has proven misplaced in many instances, and elderly people have been killed, often burned in their houses. The same has happened to others, including physically or mentally disabled persons, who could not escape. The Commission heard about a 17-year-old boy who was shot by soldiers as he fled when his house came under attack. He was badly injured, but because he was mute, although his family was searching and calling for him, he was unable to call out for help. It took two days to find him, delaying his access to medical care.283 People with disabilities who manage to flee, face accessibility problems that other displaced persons do not. In the PoC sites, people with disabilities and physical challenges have concerns regarding their safety as they constitute easier targets for criminals. Despite improvements, very often, PoC sites lacks easy access for disabled persons such as health and rehabilitation services, accessible latrines, aid distribution, lockable and safe shelters. Training for the relevant actors would enhance the ability of persons with disabilities to participate in community life and be less stigmatized.284 The situation is even more difficult when they have sought refuge outside PoC sites in remote locations which require long walks to access assistance. V. Applicable Law and Legal Developments The Commission has conducted its work within the framework of international human rights law, international humanitarian law, international criminal law and the domestic law of South Sudan. The Commission’s Report of 2018 set out in detail the law applicable in South Sudan285 and accordingly the detail is not repeated here. A. International Human Rights Law Under international human rights law, South Sudan is obliged to respect, protect, promote, and fulfil the human rights of all persons within its territory or under its control, 286 Humanity & Inclusion and IOM, “Access to Humanitarian Services for People with Disabilities. Situational Analysis in Bentiu Protection of Civilians Site”, South Sudan, 2018; T. Ayazi et al., “Disability associated with exposure to traumatic events: results from a cross-sectional community survey in South Sudan”, BMC Public Health, 2013, 13:469. 279 Focus Group Discussion with women in Bentiu, 4 October 2018. 280 Human Rights Watch, “South Sudan: People with disabilities, older people face danger. UN, aid agencies should improve response to these groups”, 31 May 2017. 281 Witness 827, ERN 101811-101816, paras. 5, 7. 282 See e.g. Witness 876, ERN 101573-101576, para. 12. 283 Witness 843, ERN 101512-101520. 284 Humanity & Inclusion and IOM, “Access to Humanitarian Services for People with Disabilities. Situational Analysis in Bentiu Protection of Civilians Site”, South Sudan, 2018; Landmine & Cluster munition Monitor, “South Sudan Casualties and Victim Assistance”, 9 October 2017. 285 Report of the Commission on Human Rights in South Sudan, 23 February 2018, A/HRC/37/CRP.2, paras. 98-163. 286 In a complaint brought by Democratic Republic of Congo against Burundi, Rwanda and Uganda before the African Commission, the Commission considered the control exercised by the Respondent States and “Recommend[ed] that adequate reparations be paid, according to the appropriate ways to the Complainant State for and on behalf of the victims of the human rights by the armed forces of the Respondent States while the armed forces of the Respondent States were in effective control of the provinces of the Complainant State, which suffered these violations.” 227/99 Democratic Republic of Congo / Burundi, Rwanda, Uganda, 278 40