A/HRC/40/CRP.1 3. Reintegration and Recruitment, September and October 2018 Although the fighting in southern Unity State had largely subsided by the end of June/early July 2018, the area remains of concern. In September and October 2018, after the signing of the R-ARCSS, the SPLA and the SPLA-IO (TD) were reported to be undertaking recruitment, particularly in the area of Rubkuai in northern Mayendit County.1174 Although these activities were explained as being part of the re-integration of SPLA-IO (TD) troops into the SPLA by the Acting Governor of Southern Liech State,1175 reports indicate that the exercise goes beyond re-integration and includes new recruitment. Observers have suggested that this recruitment is being undertaken in part to boost the numbers of the SPLA-IO (TD) to capitalise on the force allocations made in the peace agreement for the integration of forces into a unified national army.1176 4. a) Violations and Alleged Crimes Killings of Civilians, Rapes and Other Forms of Sexual Violence, Destruction of Civilian Property, and Pillage On the basis of the evidence collected by the Commission, as well as on the basis of credible investigations undertaken by other organisations, 1177 the Commission finds reasonable grounds to believe that SPLA and SPLA-IO (TD) soldiers and affiliated militia deliberately fired on villagers taking no active part in the conflict during their ground offensive in southern Unity State from mid-April to June 2018 resulting in the killings of civilians, including women, children and the elderly. Similarly, the evidence provides reasonable grounds to believe that SPLA and SPLA-IO (TD) soldiers and affiliated militia raped, gang raped, and inflicted sexual violence against large numbers of women and girls during the same offensive. Additionally, women and girls were abducted by these same troops. The Commission further finds that this was encouraged by commanders through their promises that the soldiers could take women and girls as “wives” in compensation for their services. SPLA and SPLA-IO (TD) soldiers and affiliated militia deliberately burnt tukuls and other residential areas and villages in the course of their operation in Leer and Mayendit Counties. There is no information before the Commission to suggest that the destruction of private property carried out was due to military necessity. Similarly, the evidence collected by the Commission also provides a consistent account of widespread pillage of private property by these same troops for their own use. This was likewise encouraged by commanders. These killings, rapes and other forms of sexual violence, pillage and destruction of civilian property were committed by state agents and forces under their control and amount to serious violations of human rights law under the Transitional Constitution of the Republic of South Sudan (2011), particularly the right to life and human dignity (Article 11), the rights of the child (Article 17), freedom from inhuman or degrading treatment (Article 18), and the right to property (Article 28). They also amount to violations of the African Charter on Human and Peoples’ Rights, including in particular the right to life and the integrity of the person (Article 4) and the right to property (Article 14). Such acts amount to crimes under South Sudan’s Penal Code (2008), including murder (section 206), rape (section 247), theft (section 293), and mischief (section 315). Moreover, the Government’s armed forces are also subject to the provisions of the SPLA Act (2009). In particular, section 57 of the SPLA Act establishes the offences of destroying and damaging 1174 Witness 839, ERN 101626-101631, para. 13; Witness 837, ERN 101638-101642, para. 10; Confidential Meeting, Bentiu, 21 September 2018; R-JMEC, Progress Report No. 4: On the Status of Implementation of the R-ARCSS 2018, 10 December 2018. 1175 Meeting with Acting Governor of Southern Liech State, Leer, 4 October 2018. See also CTSAMVM Technical Committee Fourth Meeting, Khartoum, Sudan, 7-8 November 2018. 1176 Confidential Meeting, Bentiu, 21 September 2018. 1177 Including UNMISS/OHCHR, Indiscriminate Attacks Against Civilians in Southern Unity, April-May2018; CTSAMM, Report 2018/22, Violations against Civilians including SGVB, in Southern Unity State April-May 2018, 7 July 2018; CTSAMM, Report 2018/25, Fighting in Thonyor, 26 July 2018; Amnesty International, “‘Anything that was breathing was killed’ War Crimes in Leer and Mayendit, South Sudan”, 2018. 148