A/HRC/43/56 funds for personal gain and advantage. The illicit diversion of revenues deprived the State of critical resources to fund economic, social and cultural rights. 77. Gross human rights abuses and violations and serious violations of international humanitarian law were also committed in the context of the recruitment and the use of children and localized conflicts. Members of SPLA-IO (RM) Division 6A, and government forces including the National Security Service and SSPDF Tiger Division, Divisions 3, 4, 5 and 10 as well as Taban Deng-allied SSPDF, continued to recruit, train and use children aged as young as 12 years in Wau, Warrap, Unity and Central Equatoria States. 78. Localized conflicts at the subnational level, often with the participation of organized armed militias affiliated with the SSPDF or SPLA-IO (RM), were characterized by brutal attacks. Violations against civilians included abductions, forced recruitment, including of children, murder, sexual violence, ill-treatment, abduction, looting and the destruction of property, crops and other means of livelihood. 79. The Commission also found incontrovertible and sufficient evidence to hold to account, under international and national laws, individuals both in the Government and the armed opposition who have pursued policies leading to starvation of the population, including in Wau and Unity States (see also annex II, paras. 37–47).78 80. Incidents of sexual and gender-based violence, including conflict-related sexual violence, continued to be widespread and pervasive, including in the context of localized conflicts, and were characterized by a pattern of terror and subjugation. Violations documented by the Commission included rape and gang rape, sexual mutilation, forced marriage, abduction and sexualized torture. Children, including young girls, were also victims of sexual exploitation (see also annex II, paras. 1–12). 81. Arbitrary arrests and detentions, and other restrictions on the freedoms of expression, opinion and assembly, also continued to characterize daily life in South Sudan, in acts that violated the right to information and expression, and the freedoms of association and of assembly under the African Charter on Human and Peoples’ Rights. In addition, through continued acts of enforced disappearance, South Sudan failed in its duty to investigate in good faith all allegations of human rights violations, in particular where the authorities alone had relevant information (see also annex II, paras. 71–86). XII. Recommendations 82. The Commission recommends that the Government of South Sudan: (a) Ensure that senior officials make written declarations regarding their assets prior to taking up a government post, and then annually, in compliance with section 35 of the Southern Sudan Anti-Corruption Commission Act (2009), and introduce legislation making it a criminal offence to provide a wrong declaration; (b) Work with other States to recover and repatriate proceeds from corrupt activities, including properties purchased in neighbouring and other countries and funds held in foreign accounts, and seek assistance to investigate and prosecute the individuals responsible; (c) Realign spending priorities and commit resources towards fulfilling citizens’ needs, including ensuring freedom from hunger and other economic, social and cultural rights, and improved standards of living; (d) Strengthen the independence and capacity of the judiciary and national justice institutions, including those outside Juba; 78 18 See also conference room paper containing the additional findings of the Commission (A/HRC/43/CRP.1), available on the webpage of the Commission at www.ohchr.org/EN/HRBodies/HRC/CoHSouthSudan/Pages/Index.aspx.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents