A/HRC/40/69
the forces divided and fanned out. From Leer, some troops continued south towards Pilling
and Thonyor (the SPLA-IO (RM) area headquarters) and on to Adok port.
69.
Over the next two months, SPLA and SPLA-IO (TD) soldiers and affiliated militia
conducted offensives throughout Leer and Mayendit counties, attacking at least 40 towns
and villages, in which they targeted civilians with astonishing brutality. The Commission
was told of older men being hung from trees, people being burned in their tukuls and
children being run down by tanks as they fled. Civilians fled into the swampy areas but
were pursued by amphibious military vehicles and deliberately shot at. Some hid in the
swamps for a month, eating water lilies to survive. Some drowned.
70.
Most witnesses described rampant rape and sexual violence perpetrated against
women and girls, including lactating mothers and girls as young as 7 years of age. Some
women died because of the brutality of the rapes and at least one woman was shot and
killed when she resisted being gang-raped. Women and girls were abducted by government
soldiers and affiliated militia and forcibly taken as “wives”.
71.
Soldiers and militia looted people’s possessions, burning tukuls and villages.
Satellite images reveal that approximately 7,345 structures were damaged or destroyed in
the area during the offensive. The offensive resulted in massive population displacement
and ensuing food insecurity. Displaced civilians in desperate need of assistance were unable
to access it as humanitarian organizations reported their properties being attacked and
looted, leading to the withdrawal of their staff in some instances.
72.
Although the fighting in southern Unity state had largely subsided by the end of
June 2018, the area remains of concern. The Commission received reports of recruitment in
the area even after the signing of the Revitalized Agreement in September 2018, although
the Government’s explanation for this is the reintegration of SPLA-IO (TD) forces into the
government forces.
Violations and alleged crimes: findings
73. The Commission finds reasonable grounds to believe that the SPLA Fourth Division,
SPLA-IO (TD) and militia from Koch county engaged in killings, rape, beatings,
abductions, and the looting and destruction of property in Mayendit and Leer counties
between April and June 2018. Evidence in the Commission’s possession provides
reasonable grounds to believe that these forces directed attacks against the civilian
population and did so with the intent to forcibly displace the civilian population.
74.
These acts amount to serious violations of human rights and humanitarian law, and
should be investigated and prosecuted as war crimes and crimes against humanity.
B.
Central Equatoria state
75.
Since 2016, when Central Equatoria was brought into the conflict after then First
Vice-President Riek Machar fled southward from Juba and many of his troops remained in
Central Equatoria, it has been one of the most fractured areas of the conflict. Government
forces have consistently held most towns and the main roads. In so doing, they have carried
out attacks against the civilian population.
76.
Initially, a significant number of Equatorians joined SPLA-IO out of discontent over
the perceived Dinka domination of political and security institutions and abuses allegedly
perpetrated by SPLA against Equatorian communities. However, in 2018, an increasing
number of Equatorians defected from SPLA-IO to join other groups, including the National
Salvation Front and South Sudan National Movement for Change, as they came to view
SPLA-IO as behaving no better toward their communities than SPLA. The Commission
documented instances of arbitrary arrests and detentions, extrajudicial killings, rape and
looting by both SPLA and SPLA-IO in Central Equatoria in 2018.
77.
The situation has been further complicated and destabilized by a number of groups,
including the National Salvation Front, refusing to sign the peace agreement, mainly
because it does not guarantee the introduction of federalism and power-sharing. This has
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