A/HRC/40/CRP.1
C.
The Commission’s Work
The Commissioners undertook two missions to South Sudan in August and December
2018. During these missions, they visited Juba, Wau and Yei in South Sudan and also visited
Addis Ababa in Ethiopia, Nairobi and Kakuma camp in Kenya, Khartoum, Nyala, El Daein,
and El Fasher in Sudan, and Arua, Imvepi, Kampala and Kiryandongo in Uganda. The
Commission also organised a workshop on sexual and gender-based violence in Addis Ababa
in March 2019.
From its base in Juba, the secretariat undertook investigative missions to Bentiu,
Dablual, Goli, Kuruki, Leer, Mayendit, Nhialdiu, Panyume, Wau, and Yei within South
Sudan, as well as to Addis Ababa in Ethiopia, Arua, Kampala, and Kiryandongo in Uganda,
Nairobi and Kakuma in Kenya, and El Daein, El Fasher, Khartoum, and Nyala in Sudan.
The Commission found, throughout its work, that victims and witnesses were willing
to share their experiences.
During the course of the current mandate, the Commission took 135 (99 male and
36 female) detailed individual witness statements from victims, witnesses, community
leaders, civil society activists and international personnel. It also gathered over 3,100
documents covering incidents in South Sudan since December 2013, carried out 28 medical
examinations victims and witnesses (24 male and 4 female), and participated in over 340
meetings with government officials and representatives of civil society and international
organisations among others. All evidence collected is preserved in the Commission’s
database and archives.
In light of the mandate’s focus on accountability and identifying responsibility for
gross violations of human rights and related crimes, the Commission has focussed not only
on establishing the occurrence of violations but also on identifying those bearing
responsibility for those violations and crimes. In investigating the linkage evidence between
the crimes and those responsible, it has sought to identify command structures, patterns in
conduct, and indicators of control and discipline. This is a complex task normally involving
significant circumstantial evidence and the material collected provides an invaluable basis
for future prosecutions and accountability.
The Commission received information linking individual alleged perpetrators to
specific violations or to patterns of violations. In some instances, there is sufficient
information to warrant criminal investigations leading to indictments for individual alleged
perpetrators under national and international law.
The Commission has collected and preserved this evidence in conformity with its
mandate of supporting accountability mechanisms. Individual names have not been included
in this present report, and are retained on a strictly confidential basis by the Commission and
eventually OHCHR. In certain instances, while there was insufficient information to identify
individuals responsible, the Commission was able to identify the armed entities responsible.
The Commission is grateful to the Government for granting the Commission access
to the relevant parts of the country and for meeting with the Commission on multiple
occasions. It also appreciates the cooperation it received from the Governments of Sudan,
Kenya, Ethiopia and Uganda during its missions to those States.
The Commission thanks UNMISS for their support for various aspects of its work.
The Commission also appreciates the assistance and contributions of United Nations
agencies, civil society organizations, and experts.
III.
Background
A. Agreement on the Resolution of the Conflict in the Republic of South
Sudan (2015)
The 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan
(ARCSS) between the Government and the opposition, established the Transitional
Government of National Unity (TGoNU), a power-sharing government, tasked with leading
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