A/HRC/40/CRP.1
Less than three months later, Ruweng and Eastern Upper Nile States were created as
part of the 28 States Decree, largely matching the Padang’s proposal and putting almost all
of South Sudan’s oil fields under their control.897 In December 2015, President Kiir appointed
Chol Thon Balok, a Padang Dinka as Governor of Eastern Nile despite the fact that ARCSS
had given the SPLM/A-IO the right to appoint the Upper Nile governorship.898
On 1 February 2016, an Administrative Order was issued in Malakal, which had been
the capital of Upper Nile State, terminating the employment contracts of all government
employees from the areas of what formed the new Western Nile and Latjor States.899 It
indicated that government employees from the Eastern Nile State areas should remain in their
positions of work and take over the positions occupied by those from Western Upper Nile
and Latjor States. The order summarily terminated the employment of people on the basis of
their place of origin and effectively terminated the employment of Shilluk and Nuer
employees. The order was to have immediate effect.
The 28 States Decree and the administrative order aggravated already high tensions
in Malakal, particularly in the PoC site which hosted 48,000 IDPs from Dinka, Nuer, and
Shilluk communities. These tensions boiled over in the PoC site between 16 and 18 February
2016, two weeks after the issuance of the decree. On 16 February, a breach in the fence of
the PoC site was discovered in the sector 2 area of the PoC site (the Dinka area) and SPLA
forces were observed on the outside of the breach. The same day, two SPLA soldiers were
detained trying to smuggle weapons into the PoC site. Fighting broke out the following
evening in sectors 1 and 2 of the PoC site predominantly between the Dinka and Shilluk and
Dinka IDPs were seen streaming out of the PoC site, aided by SPLA soldiers. The incident
resulted in 30 deaths and 123 injuries. 900
In January 2017, when Western and Upper Nile were reconfigured into Central and
Northern Upper Nile and Fashoda States under the 32 States Decree, Panyinkang County, a
Shilluk community, was severed from the Shilluk dominated Fashoda State and annexed onto
the Dinka dominated Central Upper Nile State. This annexation was seen as an appeasement
of the Shilluk community who claim Malakal in order to right some the perceived wrongs
that were caused by the 28 States Decree and to secure the allegiance of Shilluk General
Johnson Olony to Taban Deng Gai. However, both Shilluk and Dinka communities in
Malakal reacted negatively to this annexation,901 and the issue ignited the next round of
fighting in Upper Nile.
By the end of January 2017, fighting broke out on the west bank near Malakal and in
February, the SPLA launched a coordinated offensive to capture the Shilluk-populated Wau
Shilluk and surrounding areas on the west bank of the White Nile, approximately
10 kilometers north of Malakal. The ensuing offensive and human rights violations were
documented in detail in the Commission’s previous Report.902
b) Lol State
The 28 States Decree divided Western Bahr el Ghazal into two states: Wau State in
the east, with Wau town as its capital, and Lol State in the west, with Raga as its capital. Lol
State included what had been Raga County in Western Bahr el Ghazal and also Aweil North
and Aweil West Counties which had previously been part of Northern Bahr el Ghazal State.
Raga, which makes up the vast majority of the territory of Lol State, is a sparsely populated
area of predominantly Fertit people (approximately 54,000 inhabitants). Aweil North and
897
Ruweng state contains Blocks 1, (partially) 2 and 4; Eastern Nile state (created under the 28 States Decree) contains the largest oil
fields from Blocks 3C and 7. These are currently the only operational oil blocks in the country.
898 Sudan Tribune, “South Sudan’s Kiir appoints governors of 28 new states”, 24 December 2015.
899 Republic of South Sudan Upper Nile State Administrative Order No (1) 2016, 1 February 2016, in ERN D103051-D103075.
900 Confidential Document, ERN D103051-D103075; Confidential Document, ERN D104115-D104151; Confidential Document
ERN D103353-D103369.
901 Confidential Document, ERN D103955-D103957.
902 United Nations Human Rights Council, Report of the Commission on Human Rights in South Sudan, A/HRC/37/71, 13 March
2018, section VIII(D); United Nations Human Rights Council, Conference Room Paper to Report of the Commission on Human
Rights in South Sudan, A/HRC/37/CRP.2, 23 February 2018, section VIII(D).
119
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