A/HRC/43/56
56.
The Commission also notes with concern the impact of sexual violence on South
Sudanese men and boys which remained massively underreported as most male survivors
were unwilling to speak about their experiences. Underreporting was attributed in part to
limited awareness, societal stigma and shame.
57.
Moreover, South Sudanese IDPs and refugees reported that multiple conflict-induced
displacements over time have left them traumatised, depressed and despondent. The
uncertainty experienced by those residing in protection of civilian sites also continued to
have a negative impact on gender relations.219 As with men and boys, notions of stigma and
shame linked to sexual and gender-based violence remained a critical obstacle for many
women and girls in their communities. For example, several spoke at length about the stigma
linked to children born as a result of rape.220
Unity State 2018
58.
In March 2019, the Commission reported that more than 125 women had allegedly
been raped on the Nhialdu road221 – in the Bentiu-Guit-Nhialdu triangle – over a 10-day
period beginning in September and peaking in November 2018.222 The Government of South
Sudan disputed the allegations and dismissed with contempt media reports on the matter. 223
The Government’s internal investigation concluded that reported figures of 125 rapes over a
10-day period could not be verified.224 It did, however, confirm that 16 isolated cases of
sexual violence occurred during this period. Local authorities confirmed between four and
five cases reported every month of the period.225 A senior County official confirmed to the
Commission that the government’s investigation had neither been thorough nor
comprehensive.
59.
In response to the alarming number of cases of sexual violence in the Bentiu area, the
UNMISS Human Rights Division conducted its own investigation in northern Unity, for the
period September to December 2018, and documented 55 incidents affecting 175 victims of
violence, including 134 cases of rape or gang rape and 41 other forms of gendered
violations.226 The UNMISS report confirmed on-going patterns of sexual and gender-based
violence in the region since the outbreak of the conflict in 2013-14,227 a trend that continued
to date.
60.
The Commission welcomes the Government’s deployment of an investigation
committee as a positive step but finds that the government’s on-going denial and intimidation
of witnesses has created a climate of fear preventing survivors from reporting, effectively
hampering prospects for criminal accountability. Army commanders in the Bentiu area have
been informed of these violations and are obligated to act to prevent and refer for prosecution
where these violations are known.
Yambio (Western Equatoria) 2019
61.
The Commission also gathered information on allegations of sexual slavery, forced
marriage, forced labour and the rape of women and girls unlawfully detained in an SPLA
(IO) military base in Yambio.228 On 28 July 2019, the SPLM/SPLA (IO) Chairman and
Commander in Chief, Dr Riek Machar, issued unequivocal orders to “release without delay”
219
ERN 103499 - 103503.
See, e.g., ERN 103469 - 103474.
221 A/HRC/40/CRP.1, paras. 456, 458.
222 UNMISS & OHCHR Conflict related sexual violence in Northern Unity, September – December
2018, 15 February 2019, available at: https://unmiss.unmissions.org/human-rights-reports
223 No evidence to back claims of Bentiu rapes: investigation team, Radio Tamazuj, 21 December
2018, available at https://radiotamazuj.org/en/news/article/no-evidence-to-back-claims-of-bentiurapes-investigation-team; see also Republican Order No. 25/2018.
224 Confidential Report, CHRSS Files.
225 Confidential Report, CHRSS Files.
226 Report of the Commission on Human Rights in South Sudan, 20 February 2019
(A/HRC/40/CRP/1)
227 See UNMISS & OHCHR Indiscriminate attacks against civilians in Southern Unity, April – May
2018
228 Confidential Meetings, CHRSS Files.
220
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