A/HRC/43/56
women and girls held on SPLA (IO) bases in Western Equatoria (Sector 6). 229 While the
Commission commends the leadership of the SPLA (IO) for its rapid response, it remains
gravely concerned that very few women have been released or allowed to leave. 230
62.
SPLM/SPLA (IO) leadership have publicly committed to ensure the release of the
women as well as to prevent and address sexual violence within their ranks. However, they
have also expressed difficulties in doing so given limited access to the women concerned, as
well as reluctance by the commanders and other military personnel to allow the women to
leave. The Commission continues to monitor this situation and notes efforts by relevant
leadership to ensure it is addressed fully and to completion. 231
Responses by the State and other authorities
63.
The Commission notes that the main obstacles to accountability for sexual and
gender-based violence are the deliberate failure and lack of political will by the government
of South Sudan to hold senior commanders and the security forces accountable. Even where
evidence was available, the Government of South Sudan has repeatedly failed to take steps
to decisively deal with these incidents in clear violation of their obligations under
international and domestic law.232 To date, there have been no reported prosecutions of
incidents of sexual and gender-based violence, and instead the Government has deliberately
sought to silence those who have courageously reported the violations they endured. The
Government of South Sudan can no longer rest on its laurels for the successful prosecution
of the perpetrators in the Terrain case (A/HRC/40/69, para. 43) and needs to act decisively
to address the on-going impunity.
64.
The government’s only response to such violations has been to announce establishing
specialized chambers. Beyond providing a building, these chambers are yet to be
operationalized.233 The situation is rapidly deteriorating with a backlog of more than 200
cases, increasing daily.234 Four judges have been appointed to handle the cases, comprising
one female and three males.235
Violations and alleged crimes - findings
65.
The Republic of South Sudan has acceded to several international and regional
human rights instruments that reaffirm the rights of women and girls to equality and
dignity. It has acceded to the United Nations Convention on the Elimination of All Forms
of Discrimination against Women,236 the United Nations Convention against Torture237 and
the Convention on the Rights of the Child. 238 Is also a party to the African Charter on
Human and People’s Rights and has signed but not ratified the Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo
protocol).239 These instruments guarantee equal rights and dignity for both women and men,
equality before the law and prohibit any form of discrimination on the basis of sex or
gender.
66.
Based on the foregoing, the Commission has reasonable grounds to believe that
members of government engaged in acts that violated the right of women and girls to
229
ERN D120827 - D120828.
About 40 to 50 women and girls have been able to leave the army base. However, it has also been
reported that several of the women after having been joined to a soldier and now having borne
children out of the relationships within the base overtime, face discrimination when they attempt to
return to their communities. In these situations, some women have returned to the base where they are
able to obtain food and some form of livelihood. Confidential meetings.
231 ERN D120829 - D120829.
232 Legal Action Worldwide (LAW): “First legal case lodged against South Sudanese Government for
rape and sexual slavery” before the Committee on the Elimination of Discrimination against Women
(CEDAW), December 2018; ERN D116272.
233 Confidential Meeting.
234 Confidential Meeting.
235 Confidential Meeting.
236 Acceded to in 2015.
237 Ibid.
238 Ibid.
239 Signed in 2013.
230
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