A/HRC/40/CRP.1 which makes up approximately 20 percent of the 2018/2019 national budget, the education budget remains disappointingly half the security budget.767 Furthermore, the forecast budget does not guarantee that the amount allocated to education will be disbursed. For example, in the 2016/2017 fiscal year, the most recent year for disbursement figures are available, only 68 percent of the allocated education budget was ultimately disbursed while 106 percent of the budget allotted to security was disbursed.768 c) Access to Education In 2018, estimates indicate that 2.2 million children were not in school in South Sudan and this was projected to rise to 2.4 million by 2020,769 although this projection was made before the signing of the peace agreement and the increase in education spending. A key factor in accessing education is that only 59 percent of primary schools in South Sudan were functional at the end of 2017. While this represents an encouraging nine percent increase in functional schools from 2016, in concrete terms it means that only 3,215 primary schools out of 5,042 were functional.770 The main reason for schools being closed related to the conflict and insecurity. In November 2017, in areas that were unstable, almost 90 percent of schools were closed.771 Indeed, even where schools are functional, they face significant closures and interruptions, due primarily to insecurity. In this regard, in the 2017 school year, schools in South Sudan lost an average 30 days of education. 772 In this regard, the Commission received information that none of the 18 schools in the Baggari area, in Western Bahr el Ghazal, are presently functioning. It was estimated that approximately 18,500 children from Baggari have been left without access to schooling as a result, although a group of educated community members have reportedly been volunteering to provide classes.773 There have been many instances of the armed forces and armed groups occupying schools and educational facilities with the result that they have not been able to operate. 774 For example, first the SPLA-IO and then subsequently the SPLA when they gained control of Wadhalelo, in Western Bahr el Ghazal in June 2018, set up their bases in the primary school.775 The SPLA continued to occupy the school at least until October 2018. The school could therefore no longer be used and classes had to be held under the trees. 776 The SPLA itself acknowledged that they had occupied a number of schools in the Wau Triangle area but indicated that they would be vacating them. 777 The Commission also received information that the SPLA-IO (RM) and subsequently the NAS, after they attacked on 24 September 2018, used the Yondoru school in Central Equatoria as their barracks.778 In this regard, the R-ARCSS requires the Parties to immediately demilitarize civilian areas including vacating occupied schools.779 It was reported in November 2018 that the Government had issued an order to troops to vacate all civilian buildings, including schools.780 CTSAMVM is monitoring progress on this issue and, at its sixth Technical 767 Republic of South Sudan, Ministry of Finance and Planning, Approved Budget 2018/2019. Republic of South Sudan, Ministry of Finance and Planning, FY: 2018/2019 Approved Budget. The Security line of the budget makes up 19.5 percent of the budget, but when the Police budget is added to that, it is accounts for 22 percent of the budget. 768 Republic of South Sudan, Ministry of Finance and Planning, Q4 2016/17 Fiscal Report, December 2017. 769 Global Initiative on Out of School Children, “South Sudan Country Study”, May 2018. 770 A school is considered functional if a head and/or at least one teacher is present and classes are taking place irrespective of the number of students. Republic of South Sudan Ministry of General Education and Instruction, UNICEF and Save the Children, Education Cluster Assessment, South Sudan, November 2017. 771 Republic of South Sudan Ministry of General Education and Instruction, UNICEF and Save the Children, Education Cluster Assessment, South Sudan, November 2017. 772 Republic of South Sudan Ministry of General Education and Instruction, UNICEF and Save the Children, Education Cluster Assessment, South Sudan, November 2017. 773 Confidential Meeting, Wau, 1 December 2018. 774 See e.g. CTSAMVM, Report (No.1) to the RJMEC Plenary, Addis Ababa, 19 November 2018. 775 Witness 931, ERN 101799-101803, para. 7; Witness 925, ERN 101886-101890, para. 7; Witness 915, ERN 101828-101835, paras. 16, 20, 22. 776 Witness 915, ERN 101828-101835, paras. 16, 20, 22. 777 Confidential Meeting, 2 December 2018. 778 Witness 981, ERN 101980-101992; Witness 972, ERN 101936-101945. 779 R-ARCSS, Article 2.2.3.1. 780 CTSAMVM, Report (No.1) to the RJMEC Plenary, Addis Ababa, 19 November 2018. 106

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