A/HRC/31/49 property belonging to communities or the State.17 The alleged “do what you can, take what you can” arrangement by which armed groups in Unity State derived their compensation from pillaged goods rather than from salary constitutes a form of organized pillage. 5. Violations of freedoms of opinion and expression and of assembly 47. Violations of freedoms of opinion and expression and of peaceful assembly, and from arbitrary arrest and detention have been an issue of great concern in South Sudan since the State declared its independence. The Government, and in particular the National Security Service, has attempted to suppress debate and opposition, resulting in fear among the population. 48. OHCHR and UNMISS have highlighted a number of cases since 2013 of intimidation, harassment, arrest and detention of individuals and groups by the National Security Service.18 These cases include the closure of media outlets, the confiscation of newspapers and media equipment, the arrest and detention of journalists, the detention of United Nations national staff members perceived to support the opposition, and the killing of journalists. 49. At least seven journalists were killed in 2015; to date, none of the killings has been investigated. During a press encounter on 16 August 2015, while heading for the peace talks in Addis Ababa, President Kiir made a statement in which he threatened journalists who reported “against” their country. He dismissed complaints about the lack of press freedom, stating that “if anybody among [journalists] does not know this country has killed people, we will demonstrate it one day, one time.”19 On 21 October 2015, it was reported that President Kiir had ordered Juba University to dismiss Dr. Luka Biong Deng (who promptly left the country), after he had organized a debate on the Government’s proposal to create 28 States, in which panellists challenged the Government’s legal authority to do so. 50. In November 2015, a journalist informed the assessment team that “many media outlets are intimidated. They could be closed down for a day, a month, forever.” On 29 December 2015, Joseph Afandi, a journalist for El Tabeer newspaper, was arrested by plain-clothed agents and held without charge at the headquarters of the National Security Service in Juba following the publication of an article in which he criticized the Government’s economic policy. According to reports by non-governmental organizations, he was released on 19 February without charge. 20 51. Attacks on the freedom of opinion and expression, and of peaceful assembly, and arbitrary arrests for exercising these rights violate the State’s obligations under international human rights law and relevant provisions of national law, including those of the transitional Constitution. 6. Starvation of civilians 52. The numerous incidents of crop burning, cattle raiding, and looting and destruction of food supplies described above has had a severe impact on the access of civilians to food – as seen in Unity State, where the Integrated Food Security Phase Classification analysis showed that at least 30,000 people were living in extreme conditions and faced starvation and death – and therefore on their health. 21 The “scorched earth” policy, involving the 17 18 19 20 21 10 See Commentary to the Geneva Conventions, vol. IV, art. 33. OHCHR – UNMISS, The State of Human Rights (see footnote 2). Committee to Protect Journalists, Alerts, 17 August 2015. Amnesty International, Urgent Action, “Journalist released without charge”, 22 February 2016. See World Food Programme, “UN calls for immediate access to conflict-affected areas to prevent

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