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 39

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