A/HRC/40/CRP.1
dialogue, criminal activities involving armed robberies and rapes of women have increased
in a disconcerting way.619
The greater Bentiu area in Unity (new Northern Liech state) is under the control of
SPLA and allied SPLA-IO (TD) forces which, since the signature of the R-ARCSS, have
demonstrated willingness to collaborate and work together in view of the R-ARCSS and the
integration process.620 However, several incidents have demonstrated that this is not a
uniform position as numerous incidents that have taken place illustrate. 621 Further,
SPLA-IO (TD) soldiers are not receiving a salary and have to finance and support
themselves.622 These conditions have created the opportunity ground for current or former
armed personnel present in the area to continue to attack civilians. 623 These incidents are not
just criminal in nature but rather an extension of the conflict.
Interlocutors and witnesses interviewed by the Commission mentioned many cases of
armed robberies and looting both inside the Bentiu PoC site and in the surrounding areas.
While criminality inside the PoC site has been on the decline since November 2018,
criminality outside remains high. 624 Women are the primary victims of attacks as they are
usually the ones in charge of fetching firewood or retrieving humanitarian aid during
distributions.
Following a statement from MSF at the end of November 2018 reporting that
125 rapes had been committed in a timespan of about ten days in Bentiu area and immediate
surroundings in Northern Liech state, various government investigations were conducted.
Amongst them, the investigation led by the National Ministry of Gender, Child and Social
Welfare concluded on 19 December 2018 that the allegations of rapes were unfounded and
baseless; subsequently, President Kiir formed a new committee of inquiry. 625 UNMISS
Human Rights Division also investigated the issue as well as CTSAMVM. 626 Following
cooperation between UNMISS and the Northern Liech State Government, SPLA and SSNPS,
some criminals have been apprehended. However, as the majority of the survivors are unable
to identify their attacker or attackers, it remains difficult to hold perpetrators accountable.627
The Commission spoke to survivors and witnesses of rapes committed between
November 2018 and January 2019 as well as to various interlocutors in the Bentiu area.
Witnesses indicated that the attacks against women had been led by armed men, speaking
Nuer, mostly wearing civilian clothes and often covering their faces with masks or a piece of
cloth.628 The use of masks suggests that the perpetrators are local. Nevertheless, some women
stated that their attackers wore military clothing.629 These attacks occurred mainly around the
Bentiu PoC site, especially to the east and southeast of the PoC site, when unaccompanied
women leave the PoC site to search for firewood or when women travel by foot between
Bentiu and Nhialdiu or Guit.630 Many witnesses reported that they had been badly beaten,
robbed of their belongings, had their aid ration cards destroyed and, for most of them, were
raped or gang-raped by armed men, some of them wearing military uniforms. 631
Cases verified by the Commission show that there was a surge in rapes in November
and December 2018 in these areas and that the number of rapes reported by MSF are likely
619
Confidential Document, ERN D116281-D116341; Confidential Meetings, 18 and 22 January 2019.
Confidential Document, ERN D116281-D116341; Confidential Meetings, 19, 20, 22 and 23 January 2019.
621 Confidential Document, ERN D116281-D116341; Confidential Meeting, 23 January 2019; Witness 1099, ERN 102313-102317.
622 Confidential Meetings, 20 January 2019; Witness 1099, ERN 102313-102317; Confidential Document, ERN D116281-D116341;
623 Confidential Document, ERN D116281-D116341; Confidential Meeting, 22 January 2019.
624 Confidential Document, ERN D116281-D116341; Confidential Meetings, 18, 19, 20 and 22 January 2019; Witness 1111, ERN
102220-102225.
625 Radio Tamazuj, “No evidence to back claims of Bentiu rapes: investigation team”, 21 December 2018; Republican Order No.
25/2018.
626 UNMISS, Human Rights Investigators Rush to South Sudan’s Bentiu Following Spate of Rapes, 5 December 2018; CTSAMM,
Sexual and Gender Based Violations (SGBV) in Bentiu Area, ERN D114855- D114860.
627 Confidential Document, ERN D116281-D116341.
628 Confidential Meetings, 19 and 27 January 2019.
629 Confidential Document, ERN D116281-D116341.
630 Witness 1112, ERN 102226-102231; Confidential Document, ERN D116281-D116341; Confidential Meetings 17, 18, 19, 22, 23
and 27 January 2019.
631Witness 1111, ERN 102220-102225; Witness 1112, ERN 102226-102231; Confidential Meetings, 17, 20 and 27 January 2019;
Confidential Document, ERN D116729-D116733.
620
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