A/HRC/34/63 threatening him with criminal action for defamation for publishing an article critical of the Government. 47. South Sudan is today one of the most dangerous places in the world for journalists to work; in recent years, a number of journalists have been killed, disappeared or forced into exile.11 The security establishment has relentlessly pursued a policy of harassment and intimidation against journalists and media outlets in order to censor any negative criticism about the State. UNMISS found that the South Sudan Directorate of Information had ordered journalists not to report on “negative stories” and to submit all news stories to the Government for approval before publication. In the wake of the outbreak of violence in Juba, on 19 July 2016 the editor of the Juba Monitor was detained by the National Security Services for having published an article critical of the Government.12 The editor of the Nation Mirror was also ordered to shut down his newspaper after he published details of a report released by a group based in the United States of America alleging misuse of State funds by the nation’s leaders.13 On 24 January 2017, SPLA soldiers arrested four journalists in Juba, including one from UNMISS radio, and accused them of broadcasts critical of the Government. 48. Radio journalists who fled South Sudan to neighbouring countries told the Commission that they had been threatened with arrest by the National Security Service officers, who accused them of conspiring against the State and propagating “Western agendas”. At least two journalists interviewed by the Commission alleged that they had been tortured and raped by members of the National Security Service before they fled South Sudan. 49. The Commission met human rights defenders and representatives of civil society organizations, including faith-based representatives, who spoke of pervasive surveillance and monitoring by the National Security Service, and of threats of arrest and detention, forcing many of them to flee the country. They reported that the Service had infiltrated civil society groups, thereby contributing to a toxic environment of mistrust among former colleagues. 50. Donors and non-governmental organizations expressed concern about the restrictive law passed by the National Legislative Assembly on 2 February 2016 requiring any nongovernmental organization operating in South Sudan to employ at least 80 per cent South Sudanese nationals at the managerial, middle and junior levels. It also requires nongovernmental organizations to open a bank account in South Sudan and to conclude memoranda or agreements with the Government in order to operate or to continue their operations. These provisions have had a severe impact on the work of organizations working on human rights; humanitarian agencies have had to request the permission of the Government and the military to have access to certain restricted areas of the country. 51. Several civil society groups informed the Commission that they had been instructed to shut down their operations because their work was deemed “political” under the new law on non-governmental organizations. A number of civil society activists reported that they had received anonymous threats for having “spread anti-government messages” following a visit by representatives of the Security Council in early September 2016. 11 12 13 See Freedom in the World, Freedom House Report 2016, available from https://freedomhouse.org/report/freedom-world/freedom-world-2016. African Freedom of Expression Exchange, “Freedom of expression: AFEX Urges South Sudan to Protect Rights of Journalists”, 20 July 2016. VOA News, “South Sudanese Authorities Close Prominent Newspaper”, 14 September 2016.l 11

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