A/HRC/40/CRP.1
to be correct or indeed an underestimate.632 One witness told the Commission that it was to
be expected that more rape cases were reported in November than before because a biometric
registration took place during that time and people were coming from villages to Bentiu. 633
The Commission also verified additional allegations of rapes in the close vicinity of the
Bentiu PoC site and the Bentiu-Nhialdiu-Guit triangle. This leads it to conclude that there
have been even more instances of rape in the area since November 2018 than were reported
by MSF.
Many of the survivors of these attacks are living in villages which are inaccessible by
road and requesting them to travel by foot to meet with the Commission would have put
survivors at risk of again being attacked. As a result of the media coverage that followed the
MSF Statement and the stigma attached to sexual violence, the Commission used alternative
means of gathering evidence in those instances where it was not possible to get direct access
to witnesses. The Commission reiterates that investigations of human rights violations and
international crimes, including sexual violence, should follow basic principles including the
“Do No Harm” principle. The Commission received information that such principles were
not followed in December 2018 by some actors on the ground and recalls that the security,
safety and well-being of victims must guide such investigations.634
A women’s community leader told the Commission how she and her group provides
psychosocial support to survivors of rapes committed within the Bentiu-Guit-Nhialdiu
triangle but that many survivors feel ashamed and do not report what has happened to them.
She went on to explain that during food distribution, rapes are more numerous because there
are more women travelling from the villages to collect food. She added that the population
was shocked at the authorities’ reaction following the MSF Statement. 635
One elder to whom the Commission spoke about abduction and rapes of women and
girls, said that when he went to his village located between Bentiu and Nhialdiu in December
2018, he saw several groups of armed youth on the way. When he arrived in his village, he
met with two women and two adolescent girls who had been raped on their way to the village
from Bentiu. Three of them were so traumatised that they could not talk. The fourth one said
that the attackers, who were speaking Nuer language and wearing civilian clothes, also stole
the SSP 37,000 she was carrying to buy Christmas clothes for her children. The elder,
accompanied by youth, some of them armed, went to the location of the attack, where he
discovered a camp where about 30 women were being held captive as well as other stolen
objects. The attackers fled when they saw the elder and his escort. Some of the women told
the elder that they had been raped, in addition to their money and belongings being stolen.
Despite the attackers covering their faces, one of the women recognised a youth from Koch
County. In other incidents, youth from Guit County were recognised. 636 The incident was
reported to SPLA-IO (RM) who informed the SPLA Commander in Bentiu. 637
One witness told the Commission how towards the end of November 2018, a young
lactating mother was raped when she was coming back from aid registration in Bentiu to her
village in the Nhialdiu area. This witness added that in January a pregnant woman was held
captive the whole day and raped at the same location by four men. On a different occasion,
a woman who could not reach the MSF clinic during opening hours was brought to the police
by her family who alerted the authorities. 638 Once, a group of women brought a man along
thinking his presence would protect them. When they were attacked, the assailants beat him
very badly.639
One woman who came to the Bentiu PoC site for security reasons in 2014 was raped
in December 2018 when she went out to fetch firewood. She was attacked by five Nuer men
wearing civilian clothes, carrying AK-47 weapons and covering their faces with a mask.
632
Witness 1111, ERN 102220-102225; Witness 1112, ERN 102226-102231; Confidential Meetings, 17, 18, 20, 22 and 23 January
2019.
633 Witness 1112, ERN 102226-102231.
634 Confidential Meetings, 17, 18, 27 January 2019.
635 Witness 1112, ERN 102226-102231; Witness 1113, ERN 102216-102219.
636 Witness 1095, ERN 102211-102215.
637 Witness 1095, ERN 102211-102215.
638 Witness 1112, ERN 102226-102231; Confidential Meeting, 27 January 2019.
639 Confidential Meeting, 27 January 2019.
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