A/HRC/40/69
I. Introduction
1.
In its resolution 31/20, the Human Rights Council established the Commission on
Human Rights in South Sudan for a period of one year. The Commission submitted its first
report (A/HRC/34/63) on 6 March 2017.
2.
By resolution 34/25, the Council extended the mandate of the Commission for
another year and requested it to continue to monitor and report on the human rights
situation in South Sudan, to make recommendations to prevent further deterioration of the
situation, and to report and provide guidance on transitional justice, including reconciliation.
3.
The Council also requested the Commission to determine and report the facts and
circumstances of, to collect and preserve evidence of, and to clarify responsibility for
alleged gross violations and abuses of human rights and related crimes, including sexual
and gender-based violence and ethnic violence, with a view to ending impunity and
providing accountability. The Council further requested the Commission to make such
information available to all transitional justice mechanisms, including those to be
established pursuant to chapter V of the Agreement on the Resolution of the Conflict in
South Sudan, including the hybrid court for South Sudan, to be established in cooperation
with the African Union.
4.
In its resolution 37/31, the Council extended the mandate of the Commission for an
additional year.
5.
The current members of the Commission, appointed by the President of the Human
Rights Council, are Yasmin Sooka, Andrew Clapham and Barney Afako, with Ms. Sooka
as its Chair.
6.
The Commission was supported by a secretariat based in Juba. It conducted
missions to Bentiu, Dablual, Goli, Kuruki, Leer, Mayendit, Panyume, Wau and Yei within
South Sudan, as well as to Addis Ababa in Ethiopia, Arua, Imvepi, Kampala and
Kiryandongo in Uganda, Kakuma and Nairobi in Kenya, and El Daein, El Fasher,
Khartoum, and Nyala in the Sudan. The Commission met with a range of victims, witnesses,
government officials and members of civil society. It also organized a workshop on sexual
and gender-based violence.
7.
During the current mandate, the Commission took 135 detailed individual witness
statements and gathered over 3,100 documents, including confidential records, covering
incidents in South Sudan since December 2013. It also undertook analysis of material
gathered in the previous mandate. All evidence is preserved in the Commission’s
confidential database and archives.
8.
The Commission thanks the Government of South Sudan for facilitating its missions.
It is also grateful for the cooperation that it received from the Governments of Ethiopia,
Kenya, the Sudan and Uganda during its missions to those States. It further appreciates the
assistance and contributions of the United Nations Mission in South Sudan (UNMISS),
United Nations agencies, civil society organizations and experts.
II. Methodology
9.
The Commission focused on establishing the facts and circumstances of incidents
occurring in 2018 in Unity, Western Bahr el-Ghazal and Central Equatoria states. In light of
the mandate’s emphasis on accountability, the Commission focused on establishing the
occurrence of violations and identifying the individuals bearing responsibility for those
violations and crimes. It sought to identify command structures, patterns of conduct and
indicators of control and discipline.
10.
Factual determinations on specific incidents and patterns of conduct provided the
basis for the legal qualification of human rights violations and, where appropriate,
international crimes including war crimes and crimes against humanity.
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