A/HRC/40/CRP.1 dialogue, criminal activities involving armed robberies and rapes of women have increased in a disconcerting way.619 The greater Bentiu area in Unity (new Northern Liech state) is under the control of SPLA and allied SPLA-IO (TD) forces which, since the signature of the R-ARCSS, have demonstrated willingness to collaborate and work together in view of the R-ARCSS and the integration process.620 However, several incidents have demonstrated that this is not a uniform position as numerous incidents that have taken place illustrate. 621 Further, SPLA-IO (TD) soldiers are not receiving a salary and have to finance and support themselves.622 These conditions have created the opportunity ground for current or former armed personnel present in the area to continue to attack civilians. 623 These incidents are not just criminal in nature but rather an extension of the conflict. Interlocutors and witnesses interviewed by the Commission mentioned many cases of armed robberies and looting both inside the Bentiu PoC site and in the surrounding areas. While criminality inside the PoC site has been on the decline since November 2018, criminality outside remains high. 624 Women are the primary victims of attacks as they are usually the ones in charge of fetching firewood or retrieving humanitarian aid during distributions. Following a statement from MSF at the end of November 2018 reporting that 125 rapes had been committed in a timespan of about ten days in Bentiu area and immediate surroundings in Northern Liech state, various government investigations were conducted. Amongst them, the investigation led by the National Ministry of Gender, Child and Social Welfare concluded on 19 December 2018 that the allegations of rapes were unfounded and baseless; subsequently, President Kiir formed a new committee of inquiry. 625 UNMISS Human Rights Division also investigated the issue as well as CTSAMVM. 626 Following cooperation between UNMISS and the Northern Liech State Government, SPLA and SSNPS, some criminals have been apprehended. However, as the majority of the survivors are unable to identify their attacker or attackers, it remains difficult to hold perpetrators accountable.627 The Commission spoke to survivors and witnesses of rapes committed between November 2018 and January 2019 as well as to various interlocutors in the Bentiu area. Witnesses indicated that the attacks against women had been led by armed men, speaking Nuer, mostly wearing civilian clothes and often covering their faces with masks or a piece of cloth.628 The use of masks suggests that the perpetrators are local. Nevertheless, some women stated that their attackers wore military clothing.629 These attacks occurred mainly around the Bentiu PoC site, especially to the east and southeast of the PoC site, when unaccompanied women leave the PoC site to search for firewood or when women travel by foot between Bentiu and Nhialdiu or Guit.630 Many witnesses reported that they had been badly beaten, robbed of their belongings, had their aid ration cards destroyed and, for most of them, were raped or gang-raped by armed men, some of them wearing military uniforms. 631 Cases verified by the Commission show that there was a surge in rapes in November and December 2018 in these areas and that the number of rapes reported by MSF are likely 619 Confidential Document, ERN D116281-D116341; Confidential Meetings, 18 and 22 January 2019. Confidential Document, ERN D116281-D116341; Confidential Meetings, 19, 20, 22 and 23 January 2019. 621 Confidential Document, ERN D116281-D116341; Confidential Meeting, 23 January 2019; Witness 1099, ERN 102313-102317. 622 Confidential Meetings, 20 January 2019; Witness 1099, ERN 102313-102317; Confidential Document, ERN D116281-D116341; 623 Confidential Document, ERN D116281-D116341; Confidential Meeting, 22 January 2019. 624 Confidential Document, ERN D116281-D116341; Confidential Meetings, 18, 19, 20 and 22 January 2019; Witness 1111, ERN 102220-102225. 625 Radio Tamazuj, “No evidence to back claims of Bentiu rapes: investigation team”, 21 December 2018; Republican Order No. 25/2018. 626 UNMISS, Human Rights Investigators Rush to South Sudan’s Bentiu Following Spate of Rapes, 5 December 2018; CTSAMM, Sexual and Gender Based Violations (SGBV) in Bentiu Area, ERN D114855- D114860. 627 Confidential Document, ERN D116281-D116341. 628 Confidential Meetings, 19 and 27 January 2019. 629 Confidential Document, ERN D116281-D116341. 630 Witness 1112, ERN 102226-102231; Confidential Document, ERN D116281-D116341; Confidential Meetings 17, 18, 19, 22, 23 and 27 January 2019. 631Witness 1111, ERN 102220-102225; Witness 1112, ERN 102226-102231; Confidential Meetings, 17, 20 and 27 January 2019; Confidential Document, ERN D116729-D116733. 620 91

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