A/HRC/43/56
ranked South Sudan as the third worst nation state in which to reside, at 186 out of 189
countries.204
38.
It is estimated that 1.3 million children will need treatment for acute malnutrition in
2020, 300,000 of whom will be severely acute malnourished. Despite a decrease in military
confrontations, the proportion of children acutely malnourished grew from 13 per cent in
2018 to 16 per cent in 2019, above the emergency threshold of 15 percent. 205
39.
The effects of food insecurity were compounded during the period under review by
abnormally heavy rains and high levels of seasonal flooding. On 29 October 2019, President
Kiir declared a state of emergency covering 30 counties in Greater Bahr el Ghazal, Greater
Upper Nile and Greater Equatoria. The United Nations Office for the Coordination of
Humanitarian Affairs (OCHA) estimated that close to one million people were affected
across the country. Some 72,600 metric tons of cereals were further lost due to flooding, 206
amounting to approximately a 15 per cent loss in production. The situation remains worse
for those internally displaced, including vulnerable children, elderly, widows, and disabled
individuals.
40.
While poverty and bifurcated weather seasons in the South Sudanese subsistence
economy have substantially affected the availability of food countrywide, access to food and
other vital objects indispensable to the survival of the population have been undermined by
the actions of the government in control of strategic locations and where they have
deliberately implemented strategies responsible for food insecurity. Armed groups holding
territory for military advantage have behaved in a similar fashion.
41.
Both government forces and armed groups have for example pursued policies
responsible for the starvation of the population in Wau and Unity States
(A/HRC/43/56/CRP.1). Such policies were envisaged and implemented as part of a wider
strategy to deprive enemy communities of resources in order to force their capitulation, allow
soldiers and militias to reward themselves, forcibly displace communities from ancestral
lands that could then be expropriated or simply to compel individuals to join different
factions engaged in the conflict. Denial of humanitarian access and displacement brought
about by unlawful tactics have significantly exacerbated famine in different parts of the
country, depriving hundreds of thousands of civilians of vital needs including access to food
(A/HRC/43/56/CRP.1).
Violations and alleged crimes - findings
42.
The Commission has reasonable grounds to believe that both government and
opposition forces attacked, destroyed and rendered useless objects indispensable to the
survival of the population and used starvation of civilians as means to achieve military
objectives. Denying access to food was used as an instrument to target and punish nonaligning communities especially those deemed to support the enemy while rewarding
supporters and maintaining community loyalties. Some victims described deliberate policies
pursued in both government and opposition forces-controlled areas to destroy and loot
primary means of livelihood such as fresh crops, livestock, and ready harvest on which
civilians were dependent for their survival.
43.
The Commission further has reasonable grounds to believe that the government of
South Sudan did not fulfil its obligations under national and international law to
progressively use all resources at its disposal to prioritize access to food and ensure freedom
from hunger for its population in affected areas. It neither prevented, investigated nor
punished perpetrators of these crimes. The Commission collected information which
demonstrated, moreover, that disproportionate resources were deliberately diverted and spent
204
South Sudan Human Development Indicators, UNDP, 2019, available at
http://hdr.undp.org/en/countries/profiles/SSD.
205 Humanitarian Needs Overview, OCHA, November 2019, at p. 3, available at
https://www.humanitarianresponse.info/sites/www.humanitarianresponse.info/files/documents/files/ss
_20191120_south_sudan_humanitarian_needs_overview_2020.pdf
206 Country Brief October 2019, WFP, available at https://docs.wfp.org/api/documents/WFP0000110949/download/?_ga=2.48343718.1269336333.1575637372-1581897920.1575637372.
35
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