A/HRC/40/CRP.1
Pressure was put on the NGO that initially reported the surge of rapes. This same
NGO was also accused of not cooperating with the ongoing investigations. 654
Collected evidence seems to suggest that the perpetrators of rapes in the Bentiu area
are men who have the opportunity to come and go at ease within SPLA and SPLA-IO (TD)
areas of responsibility, armed youth engaged in criminal activities, as well as current or
former members of SPLA and SPLA-IO (TD). This is reinforced by the fact that some attacks
took place close to checkpoints, barracks or encampments. However, no evidence received
by the Commission points to the fact that this violence against women was organised or
ordered by commanders. The actions taken by both SPLA and SPLA-IO (TD) in the area
indicated a genuine will to search for and arrest perpetrators.655 While the Commission
welcomes the steps taken by UNMISS, the Authorities of Northern Liech state, SPLA and
SPLA-IO (TD), women continue to be sexually assaulted and therefore more should be done
in order to ensure the security of the civilian population and especially the security of women
and girls.
In the Wadhalelo area, Wau State, especially in 2017 and 2018, the community was
continuously harassed by the soldiers stationed nearby, with several women raped by soldiers
during military patrols in the village. 656 The Commission also heard accounts of abductions,
enslavement and servitude of women and girls with some forced to cook and clean for their
captors.657 In addition, the Commission received information that women and girls, and in
one instance a minor boy, had been raped by cattle herders when they ventured out of refugee
camps to gather firewood. In one instance a perpetrator had reportedly been apprehended by
the local authorities.658
The Commission also heard from several witnesses that Government authorities
publicly mobilised and armed local youth promising them that they could raid cattle, abduct
and rape women and loot all they could find and that those attacks were the perfect way to
seek revenge for past attacks, for which they would not be punished. 659
South Sudanese whom the Commission interviewed noted that historically women
and children were not targeted during clashes, as there was an unwritten code that combatants
did not target women, children, people with disabilities and elderly people because of their
traditional belief system and rules governing fighting. 660 However, tradition and customs
have not spared these protected persons from being targeted during the ongoing conflict. 661
Evidence gathered indicates that that men were more likely to be arbitrarily detained
by Government Security forces. However, several women, including pregnant women, were
detained, in facilities not gender sensitive to their specific needs. While women and men
were kept in separated cells, this did not protect both men and women from rape and sexual
violence. Former detainees who had the courage to speak, told the Commission about the
rape and torture they experienced at the hands of their captors.
The Commission also notes that disorganised documentation of sexual and genderbased violence and conflict-related sexual violence is counterproductive and harmful to
survivors. Documentation of sexual violence should not lead to disregard for the “Do No
Harm” principle.
receive assistance from MSF, Confidential Document, ERN D116281-D116341; Confidential Meetings, 19 and 27 January 2019;
Witness 1112, ERN 102226-102231.
654 Confidential Meetings, 17, 18 and 23 January 2019.
655 Confidential Meetings, 17, 18, 20, 22 and 23 January 2019.
656 Witness 931, ERN 101799-101803, Witness 925, ERN 101886-101890.
657 Witness 914, ERN 101788-101793; Witness 883, ERN 101557-101561; Witness 831, ERN 101817-101827.
658 Confidential Meeting, Wau, 24 October 2018.
659 Witness 877, ERN 101598-101602; Witness 872, ERN 101603-101608; Witness 863, ERN 101609-101613; Witness 856, ERN
101614-101618.
660 Human Rights Watch, “South Sudan: People with disabilities, older people face danger. UN, aid agencies should improve
response to these groups”, 31 May 2017.
661 Witness 825, ERN 101848-101855; Witness 828, ERN 101804-101810; Witness 831, ERN 101817-101827; Witness 872, ERN
101603-101608. On customary protected persons, see K. Grabska, Gender, Home & Identity. Nuer Repatriation to Southern
Sudan, Eastern Africa Serie, Boydell & Brewer, 2014.
94
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