A/HRC/45/CRP.3
multigenerational, as maternal undernutrition can restrict foetal growth and preterm birth,
increasing the risk of both maternal and infant mortality290 (see Annex VIII).
143. The Commission notes that South Sudan is obligated under the Convention on the
Elimination of all Forms of Discrimination Against Women (CEDAW) to ensure access
to health services for all women, including reproductive health. 291 Women and girls across
South Sudan, however, continue to be affected disproportionately by the lack of access to
health care. This is even more critical given the high level of gender and sexual violence
and the high mortality rate associated with pregnancy and birth in the country.
X.
Conclusions
144. On the basis of its findings, the Commission has reasonable grounds to believe
that, between January 2017 and November 2018, Government forces of South Sudan
intentionally deprived the Fertit and Luo communities living under opposition
control of critical resources, thereby violating the rule which protects civilians from
starvation, and the rule prohibiting collective punishment. This conduct also
destroyed the social fabric and livelihoods of these communities. Through brutal
campaigns that were directed primarily against civilians residing in Wadhalelo
payam, Mboro town, Ngozili, and Ngo Pere, Ngoko, and Tagoti Vimoi villages,
SPLA commanders also authorised their soldiers to reward themselves by pillaging
objects indispensable to the survival of these rural populations.
145. The Commission also has reasonable grounds to believe that Government
forces systematically attacked, pillaged, destroyed, and rendered useless objects
indispensable to the survival of the civilian population in Western Bahr el Ghazal.
Denying access to food was used as an instrument to target and punish communities
perceived to be non-supportive or supportive of the SPLA-IO (RM) forces (i.e., the
Fertit and Luo communities). Government soldiers were rewarded by being allowed
to retain provisions stolen and looted from these communities. The Commission also
finds reasonable grounds to believe that these violations formed part of a widespread
or systematic attack directed against the civilian population in Western Bahr el
Ghazal State. The resultant physical and food insecurity left civilians with no
alternative and compelled them to flee to safety elsewhere. These crimes may
amount to the crime against humanity of deportation or forcible transfer under
Article 3(d) of the Draft Statute of the Hybrid Court for South Sudan, and
persecution along political and/or ethnic grounds under Article 3(h) of the Draft
Statute of the Hybrid Court for South Sudan.
146. The Commission further has reasonable grounds to believe that Government
forces deliberately and systematically attacked, destroyed, and rendered useless
objects indispensable to the survival of the civilian population in Jonglei State. The
denial of access to food and essential services was used as an instrument to target
and punish non-aligned communities and in particular those deemed to support the
SPLA-IO (RM) forces. Based on the information collected, the Commission has
reasonable grounds to believe that sufficient evidence exists to hold to account
members of Government forces, under international and national laws, who have
pursued policies and actions amounting to intentionally using starvation of civilians
as a method of warfare in Jonglei State. In addition, there are commanders who
could be held accountable under international law for failing to prevent or punish
290
Population, food security, nutrition and sustainable development, Report of the Secretary-General, E/CN.9/2020/2, 16 January
2020, at para. 27.
291 Convention on the Elimination of All Forms of Discrimination against Women, New York, 18 December 1979, at Art. 12.
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