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.
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