A/HRC/40/69
Adok port, an area including the Thar Jath oilfield in Block 5A. Ensuring that Block 5A
and other blocks became operational was specifically referred to in the Khartoum
Declaration in June 2018 as one of the aims of permanent ceasefire. The offensive, however,
resulted in serious human rights violations including killings and forcible displacement of
the population.
61.
Human rights have become a casualty in oil-producing areas of the country, where
the armed conflict has continued, coupled with the increased militarization and
securitization of the oil industry by government forces. The National Security Service, in
particular, has been expanding its involvement in the oil sector, including through its
control over the State-owned Nilepet oil company. Nilepet operations have been
characterized by a lack of transparency and independent oversight. Furthermore, oil
revenues, and income from other natural resources such as illegal teak logging, have
continued to fund the war, enabling its continuation and the resulting human rights
violations.
XI. Emblematic incidents
62.
The Commission focused on incidents that were emblematic of violations and
crimes committed in 2018 and has sought to clarify responsibility for those acts, as far as
possible.
A.
Unity state
63.
Unity state has been one of the main centres of conflict since 2013. While a majority
Nuer state, it is ethnically diverse and quite divided in loyalties. The northern Abiemnom
and Pariang counties are majority Padang Dinka who, not surprisingly, have consistently
supported the Government throughout the conflict. There are also significant divisions
among the Nuer communities.
64.
Following the outbreak of fighting in Juba in December 2013, there were clashes in
Bentiu and its surrounds in late December 2013. Since then, the state has remained unstable,
with major offensives launched by SPLA and affiliated forces into areas of southern Unity
held by SPLA-IO in 2014 and 2015. These offensives resulted in some of the worst
violations of human rights and international humanitarian law of the conflict.
65.
In October 2015, under the decree to create 28 states, Unity state was divided into
three states. In the north, Ruweng state was formed of Abiemnom and Pariang counties.
The middle section of Unity State became Northern Liech state, and encompassed Rubkona,
Guit, Mayom and Koch counties. Southern Liech state was created out of Leer, Mayendit
and Panyijiar counties. Although the 2015 Agreement provided for SPLA-IO to nominate
the Governor for Unity state, the President appointed the governors of the new states.
66.
Following the events of July 2016, when Riek Machar fled the country and Taban
Deng Gai was installed in his place as First Vice-President, SPLA-IO split between those
who remained loyal to Riek Machar (SPLA-IO (RM)) and those who followed Taban Deng
Gai (SPLA-IO (TD)). Since the split of SPLA-IO in 2016, Guit county, from where Taban
Deng Gai originates, has been an important base for SPLA-IO (TD) forces, who have
aligned with SPLA forces in ongoing operations.
67.
Southern Unity state has remained turbulent despite the signing of the Agreement on
Cessation of Hostilities on 21 December 2017 and the relaunch of the peace negotiations in
February 2018. In mid-March 2018, a new SPLA Fourth Division commander arrived in
Bentiu, and shortly thereafter a major offensive was launched in southern Unity state to
gain control of the territory, in particular the road running from Bentiu to Adok port and
past the Thar Jath oilfield near Koch. In April, weapons and ammunition were delivered
from Juba and planning meetings were held.
68.
By late April, the joint forces of the SPLA Fourth Division and SPLA-IO (TD)
moved southward to Koch where the youth militia of the Gany (former Koch) county
Commissioner joined them. These combined forces continued southward toward Leer, then
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