A/HRC/34/63
SPLM/A in Opposition also pledged to implement a plan of action with the Special
Representative;8 no progress thereon has yet been reported.
41.
Even though, on 1 December 2016, the SPLA Chief of General Staff issued a
directive on the prevention of and responding to sexual violence, the patterns of sexual
violence observed in South Sudan raise important questions with regard to command
responsibility within SPLA that warrant further investigation and examination.
C.
Violations of the rights of the child
42.
Children continue to be associated with armed groups and forces in the conflict in
South Sudan. The United Nations Children’s Fund (UNICEF) estimates that 17,000
children have been recruited as child soldiers since December 2013, mostly by opposition
and self-protection forces. It also reported that 1,300 children had been recruited in 2016 by
the Government and their militia allies.9 During its field visits to Upper Nile and Unity
States, the Commission was informed by the humanitarian cluster and child protection
officers about large-scale child recruitment. This issue warrants further focus and resources.
43.
UNICEF also reported that 1,130 children had been sexually assaulted since 2013,
while 2,342 had been killed or maimed.10 As shocking as these numbers may be, they
probably underestimate the actual extent of grave violations endured by children.
44.
On 24 June 2014, the United Nations and SPLA signed an agreement for the
implementation of a revised plan of action to end the recruitment and use of children and
other grave violations against children (A/HRC/27/74, para. 39).
D.
Violations of the right to freedom of expression and opinion
45.
In the context of the ongoing conflict, the enjoyment of fundamental freedoms and
civil liberties has been severely restricted. The Commission received reports of many
people who had been arbitrarily arrested, detained, tortured or subjected to inhuman or
degrading treatment after having expressed criticism of the Government. Journalists have
come under direct attack from State security agencies, and political leaders have publicly
expressed hostility towards the media.
46.
Although the Transitional Constitution of South Sudan guarantees freedom of
expression and press freedom (with limitations with regard to public order, safety and
morality), and the Media Authority Act (2013) provides for a number of safeguards for
media freedom, the situation on the ground is very different. The National Security Service
Law, which took effect in early 2015, grants the National Security Service virtually
unfettered powers to arrest and detain suspects, monitor communications, conduct searches
and seize property without any clear judicial oversight. Threats of criminal defamation
charges are also frequently made by the Service to silence opponents, even though claims
of defamation are adjudicated by the Press and Broadcast Complaints Council. In July
2016, the Service confiscated the print runs of one newspaper and arrested the editor,
8
9
10
10
Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict, “South
Sudan: UN Special Representative welcomes SPLA-IO action plan to combat rape in war and
undertakings by Commanders”, press release, 10 November 2015.
UNICEF, “Rise in child recruitment as conflict in South Sudan enters fourth year”, news note, 15
December 2016.
Ibid.
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