A/HRC/40/CRP.1
• Where and how the witness obtained the information; and
• The reasons for which the witness provided the information.
The Commission also assessed every piece of information by considering, amongst
other factors, its relevance to the inquiry, its internal consistency and coherence, its logic,
and its consistency with and corroboration by other information.
Assessments of the reliability and credibility of the source were separated from
assessments of the validity of the information. The Commission did not assume that a
witness, judged to be a credible and reliable source, would necessarily provide fully accurate
and valid information.
Direct reference to specific testimony in the report does not indicate that such
testimony is the sole basis of judgement by the Commission in relation to the issues under
analysis. Where these direct references and citations are found in the report, it is to be
understood that the Commission has decided to introduce them for the purpose of providing
an example or an illustration of broader human rights issues and/or patterns of conduct.
2.
Protection of Victims and Witnesses
While the secretariat collected numerous witness statements of victims and witnesses
of violations, identifying and protecting victims and witnesses and other potential sources of
testimony during an on-going internal armed conflict was and remains challenging. Though
some victims and witnesses could be located within the United Nations Mission in South
Sudan (UNMISS) Protection of Civilians sites (PoC sites) in UNMISS compounds, many
victims and witnesses had been displaced, often multiple times, into harsh and dangerous
living conditions, far away from towns and villages, or transport hubs.
With regard to sexual and gender-based violence, the secretariat interviewed women
both individually and in group discussions in UNMISS PoC sites, refugee settlements and
other places in South Sudan and neighbouring countries. Beyond violations of a sexual and
gender-based nature, women spoke to the secretariat about the overall impact of the conflict
on their livelihoods, family and societal relations, sexual and reproductive health and medical
needs, trauma, and general insecurity. Similarly, when the secretariat members met with
children it ensured that a caseworker or guardian was always present for these discussions
and inquired with the children whether they preferred to meet in groups or individually and
proceeded accordingly.
Throughout the conflict, civil society activists, human rights defenders, humanitarian
actors, journalists, and even United Nations staff members have been subject to threats,
intimidation, harassment, detention and, in some instances, killing by Governmental actors
and armed groups. Notwithstanding such an environment, many witnesses showed enormous
courage by reaching out and making a contribution to the work of the Commission. The
secretariat exercised caution in communicating with sources both inside and outside the
country.
Since the outbreak of the conflict in late December 2013, a number of intergovernmental bodies, international and local NGOs and media have undertaken extensive
interviewing of victims and witnesses to the conflict. The continuing trauma suffered by
thousands of civilians since the outbreak of violence made the secretariat sensitive to the risks
of re-traumatisation and it took appropriate measures in this regard. The secretariat was
conscious of the fact that in South Sudan there is limited counselling or psychosocial support
available to victims and witnesses; however, whenever possible and as necessary, victims
and witnesses were directed towards existing support services.
In line with existing United Nations policy on information sensitivity, classification
and handling, information provided by witnesses and other confidential material collected
are classified as strictly confidential. 5 Details which could reveal the identity of victims or
witnesses such as names, dates and places have been omitted in order to ensure victims,
sources, witnesses and their families’ safety and security.
5
The United Nations’ policy with regard to archiving and classification of documents can be found at ST/SGB/2007/6.
9
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