A/HRC/40/69
VI. Attacks on civilians
36.
Attacks on civilians, mainly by SPLA, have continued in the country, despite the
Cessation of Hostilities Agreement of December 2017, the Khartoum Declaration of June
2018, the permanent ceasefire and the Revitalized Agreement of September 2018.
37.
As peace negotiations gained momentum, Government forces sought to gain control
of opposition-held areas, particularly in Unity and Western Bahr el-Ghazal states. During
these operations, Government forces adopted a hostile position toward the civilian
population as if they were members or supporters of the opposition forces. Government
forces directed attacks against the civilian population even though they took no active part
in the hostilities, and their campaigns involved killing fleeing civilians, detaining and
beating men, raping and gang-raping women, burning down peoples’ homes and looting
their possessions. The brutality of these attacks has resulted in massive displacement and
terrible humanitarian conditions for civilians.
VII. Sexual and gender-based violence
38.
Sexual and gender-based violence remain a central characteristic of the conflict,
used as a tactic of warfare by all parties to sow terror. The Commission documented
incidents of rape and gang rape, committed in the presence of the victims’ children, as well
as sexual mutilation; forced marriage; and abduction perpetrated against women, including
older women, girls and boys.
39.
During the offensive in southern Unity state between April and June 2018, there was
sexual violence on a massive scale as militias were told they could take women as wives in
payment for their services during attacks.
40.
The surge of sexual assaults against women and girls in the greater Bentiu area and
in close proximity to the Bentiu protection of civilians’ site following the signature of the
Revitalized Agreement involved a number of unidentified perpetrators. The Commission
also investigated instances of sexual violence against men and boys, which remains
significantly underreported due to social stigma.
41.
Attacks have a gendered aspect, as young men are often specifically targeted, killed,
beaten and detained under suspicion of being actual or potential members of armed groups,
while women and girls are raped, beaten and sometimes also killed, and vulnerable people,
especially older men, have been killed and burned in their tukuls (thatched huts).
42.
South Sudan remains a deeply patriarchal society in which custom and tradition
entrench the subservience of women and girls to men. The prevailing inequalities,
discrimination and unequal power relations between men and women, lack of access to
resources and inability to access quality education result in women and girls being
susceptible to sexual and gender-based violence. This situation is exacerbated by the
protracted conflict, which has an impact on gender norms and the roles of women and men.
43.
Impunity for sexual violence in South Sudan is a result of a lack of political will to
hold perpetrators accountable and the absence of appropriate institutions to build
accountability. The creation of a specialized sexual and gender-based violence court in Juba
is therefore to be welcomed, as are the successful convictions in the Terrain Hotel case. The
largely dysfunctional statutory court system remains an impediment to accountability for
sexual and gender-based violence, leaving customary courts as the only forum to seek
justice. Customary courts are not mandated to hear serious criminal cases and are not suited
to providing justice to women and victims of sexual violence given gender biases and the
lack of procedural safeguards.
44.
Many survivors continue to suffer from the physical and psychological impact of
violence, and reported feelings of depression, hopelessness and anxiety and suicidal
thoughts and have difficulty focusing, sleeping and performing routine tasks. The
Commission reiterates its concern about the inadequate medical and psychosocial support
available to survivors.
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents