A/HRC/43/56 equality before the law and prohibition of any form of discrimination, 240 guaranteed by the Convention on Elimination of All Forms of Discrimination against Women. They also violated the right of victims to freedom from torture. 241 Certain conduct further violated rights against early and forced marriage, 242 the right to life,243 dignity244 and prohibition of all forms against discrimination245 guaranteed by the Maputo Protocol of the African Charter on Human and Peoples Rights on the Rights of Women. 67. These acts were also contrary to the laws of South Sudan, most notably the right to equality before the law guaranteed by the Constitution of South Sudan protection from sexual abuse guaranteed by the Child Act 2008.246 They were further contrary to the Penal Code which prohibits rape and abduction of women for purposes of early marriage, or sexual abuse.247 68. The Commission finds that many Commanders have been responsible for deliberately inciting sexual and gender-based violations, by giving carte blanche to young recruits to abduct women and hold them as sexual slaves, by setting an example by their own conduct or by condoning such crimes and failing to take action to hold those responsible for such crimes accountable. 69. The Commission also finds that non-state actors including opposition forces are not exempt from responsibility for sexual and gender-based violence. Despite efforts to implement an action plan on preventing and addressing sexual violence in conflict, the Commission urges the military and civilian leadership of the opposition to robustly address sexual and gender-based violations perpetrated by those in their ranks. 70. Beyond prevailing impunity, so long as denial and stigma prevail the accountability for sexual and gender-based violations further remains a grave challenge. In its report of March 2019, the Commission found a direct nexus between the lack of gender equality in the country and the prevalence of sexual and gender-based violence (A/HRC/40/69, para. 42). Impunity for sexual and gender-based violence in South Sudan is therefore exacerbated by underlying gender inequality and the ethnic dimensions of the conflict at both the national and local levels. V. Continued denial of fundamental freedoms A. Freedom of expression, opinion and assembly, arbitrary arrest and detention 71. A hallmark of the conflict since 2016 has been increasing securitization and ethnicization of the State security apparatus. These institutions have continued to engender a heightened climate of fear among communities and civil society (A/HRC/40/CRP.1, para. 237). During the period under review, individuals continued to describe being deprived of their fundamental freedoms including freedom of opinion, expression and assembly which impacted on human rights defenders, the publication of newspapers, the work of journalists and freedom of the press more generally. Civilians increasingly raised concerns regarding witness protection as a prerequisite to interacting with the Commission. As one South Sudanese woman expressed, “Citizens are so afraid [of being watched] that they do not even 240 CEDAW, Art. 2. UNCAT, Art. 2. 242 Maputo Protocol, Art. 6. 243 Ibid., at Art. 4. 244 Ibid., at Art. 3. 245 Ibid., at Art. 2. 246 § 26: “Every female child has a right to be protected from sexual abuse and exploitation and gender-based violence, including rape, incest, early and forced marriage, female circumcision and female genital mutilation”. 247 §§ 247 and 273. 241 40