A/HRC/40/CRP.1
The Government offensive in Unity State in April to June 2018, appears to have been
undertaken to a large degree for the purpose of gaining control of the road going south from
Bentiu to Koch and Leer Counties, leading to Adok Port on the White Nile river,1010 and
either pacifying or removing civilian population from the areas near the oil fields by using
extremely violent methods.1011 This road passes the Thar Jath oil fields, in what is now
Northern Liech State. As detailed elsewhere in this report (Section VII(A)), the renewed
conflict in Unity in the first half of 2018 led to widespread and serious human rights
violations by Government forces and affiliated militias.
The desperate human rights situation in oil-rich areas is closely and directly linked to
the past and more recent armed conflict. South Sudan’s oil industry currently remains
overwhelmingly militarized and even securitized, with the National Security Services
increasingly expanding their involvement in oil production and management: the NSS is
mandated by law to provide security at oil fields, in cooperation with the South Sudanese
national police.1012 The Commission has received information indicating that NSS officers
are seconded to the joint ventures, and appear to co-locate with oil company’s staff both in
their central headquarters as well as in the oil regions. 1013 The most high-ranking NSS official
has reportedly held a seat on the board of South Sudan’s national oil company, Nilepet, since
2014 (see below). This extensive involvement of the country’s state security services in the
oil industry symbolizes the fundamental importance of oil for South Sudan’s economy.
Additionally, as described in the section above on the securitization of the state (section
VI(A)), the NSS’s has employed its very broad and unchecked powers to detain people
perceived to pose a threat to oil production, and to limit reporting and discussion on issues
relating to oil production.
e)
Oil financing the conflict
Since the outbreak of the conflict in December 2013, significant oil revenues have
been channelled into paying for the war effort, depriving key sectors of much needed
financing. At the same time, the armed opposition has targeted several of the oil fields,
leading to their closure and in some cases damage to the infrastructure. South Sudanese
Government officials, have, in their announced plans to revive the oil production, made
frequent references to the oil belonging to the people of South Sudan, as explicitly laid down
in the Transitional Constitution of 2011 (see below) and the CPA. 1014 Nevertheless, there
have been consistent and detailed reports that revenues have been used to benefit members
of the political and ethnic elite and their factions for warfare purposes and personal
enrichment.1015
A key player in this misappropriation of funds is the state-owned petroleum company
Nilepet, which, only in the period between March 2014 and June 2015, is reported to have
facilitated the payment of over USD $80 million – of assumed oil revenue – to both official
and private actors and organizations, including for the Government’s war-related
expenses.1016 Financial and material support, sourced by oil revenue, was reportedly also
provided to some of the Government’s proxy militias, involved in the guarding of the oil
fields, the above-mentioned Dinka Padang militia. 1017
In March 2018, the US Department of Commerce announced that it had listed all three
of South Sudan’s above-mentioned joint ventures, as well as Nilepet and several of its
1010
Confidential Meeting, Juba, 14 December 2018.
Confidential Meetings, Juba, 5 December 2018 and 15 January 2019.
1012 Petroleum Act (2012), section 57.
1013 Confidential Meeting, Juba, 17 December 2018; Witness 801, ERN 101530-101541, paras. 7, 9, 17, 20, 23-53; Witness 912,
ERN 101674-101704, para. 29: Witness 1031, ERN 102184-102210, para. 73; Global Witness, “Capture on the Nile, South
Sudan’s state-owned oil company, Nilepet, has been captured by the country’s predatory elite and security services”, April 2018.
1014 Africa Oil & Power Conference, Juba, November 2018, presentation by Minister of Petroleum of South Sudan; CPA, Chapter III,
Sections 1, 3 and 5.
1015 UN Security Council, Final Report of the Panel of Experts on South Sudan, UN Doc No: S/2018/292, 12 April 2018, paras. 6263.
1016 The Sentry, “Fueling Atrocities, Oil and War in South Sudan”, March 2018, pp. 2-4.
1017 UN Security Council, Final Report of the Panel of Experts on South Sudan, UN Doc No: S/2016/70, 22 January 2016, para. 56;
James, Laura M., “Fields of Control: Oil and (In)security in Sudan and South Sudan”, Small Arms Survey, Human Security
Baseline Assessment for South Sudan and Sudan, Working Paper 40, 2015, pp.23-24; The Sentry, “Fueling Atrocities, Oil and
War in South Sudan”, March 2018, p. 4.
1011
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