




“Impunity cannot be allowed to continue.”
Geneva (12 March 2019) – The Commission on Human Rights in South Sudan has identified 23 individuals over the past year who bear command or superior responsibility under international criminal law for serious crimes related to the conflict in South Sudan. Members of the Commission, mandated by the Human Rights Council to investigate human rights in South Sudan, told the Council this morning that these individuals, along with previously identified alleged perpetrators, could face justice in courts around the world, not just in South Sudan.
“We have not placed all of our eggs in one basket,” Chair of the Commission on Human Rights in South Sudan, Yasmin Sooka, told the Human Rights Council this morning as she and her colleagues presented their more than 200 page report. “We have framed these crimes in multiple ways to allow future prosecutions to take place in jurisdictions inside and outside South Sudan,” she explained. “This allows for the prosecution of war crimes and crimes against humanity in states that are parties to relevant treaties on torture, enforced disappearance and attacks on UN personnel, for example.
In its third report to the Human Rights Council, the Commission noted that while the signing of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan in September 2018 had seen improvements in the overall situation in terms of security, peace, and economy, the situation in the Equatorias, in the southern part of the country, was extremely volatile with ongoing fighting in the Yei River Area between forces of the government and the National Salvation Front (NAS), which had not signed the Agreement. Thousands of civilians, the Commission told the Council, were still being forcibly displaced.
In this report, the Commission focused on incidents occurring between May and June 2018 in Unity State, Western Bahr el Ghazal, and Central Equatoria State, concluding that such incidents may amount to serious violations of human rights and of humanitarian law.
The Commission documented sexual violence, including brutal rapes including multiple gang rapes, sexual slavery, abductions, forced marriage, forced pregnancy, forced abortion, and mutilation of sexual organs as well as killings, at the hands of both government forces and those belonging to the opposition. The Commission noted UNICEF statements that in more than 25 per cent of all reported cases of conflict-related sexual violence, the victims were children.
“It has become commonplace to say that these crimes take place because impunity has become entrenched,” noted Ms. Sooka, “But that impunity cannot be allowed to continue.”
The Commission also noted increases in arbitrary detentions, torture, executions and enforced disappearances. These generated paranoia and fear in South Sudan, with civil society activists reporting they felt afraid to speak out. The Commission documented cases where prisoners had been held in shipping containers with no fresh air or toilets. Witnesses also described torture, including beating and whipping, pulling out of toenails, cutting, burning and electrocution.
The Commissioners said the signing of the Revitalized Peace Agreement had not delivered immediate improvement in the desperate humanitarian situation for the people of South Sudan. Due in large part to the conflict, 60 per cent of the South Sudanese population is severely food insecure, and there remain 2.2 million refugees and 1.9 million Internally Displaced Persons. The humanitarian situation is exacerbated by the deliberate obstruction of the work of humanitarian actors, the Commission noted, adding that South Sudan has been ranked the most dangerous place in the world for humanitarian workers for the third consecutive year.
The Commission reiterated its continued concern about the lack of progress in establishing the Transitional Justice mechanisms that were adopted in the2015 Peace Agreement and re-confirmed in the Revitalized Agreement of September 2018. “These mechanisms are essential for dealing with the past, preventing fresh violations, ensuring accountability and constructing a cohesive society,” said Commission member Barney Afako. Little or no progress had been made on establishing these mechanisms, said Commission members, calling on the Government of South Sudan to take urgent steps towards establishment of the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparation Authority, and on both the Government of South Sudan and the African Union to establish the Hybrid Court for South Sudan.
“Despite these delays in the establishment of justice mechanisms within South Sudan,” underlined Commission member Andrew Clapham, “Perpetrators of violent crimes in South Sudan should not think they can escape justice, as they could be prosecuted in international courts or domestic courts in other countries.”
The Commission called on the region and the wider international community to invest politically and materially in the Transitional Justice mechanisms in South Sudan. “These are essential for building sustainable peace,” said Ms. Sooka, “As well as supporting the people of South Sudan in rebuilding all aspects of national life, especially the rule of law.”
ENDS
The Commission on Human Rights in South Sudan was established by the Human Rights Council in March 2016 and extended in March 2017 and for a further year in March 2018, with a mandate to determine and report the facts and circumstances of, collect and preserve evidence of, and clarify responsibility for alleged gross violations and abuses of human rights and related crimes, including sexual and gender-based violence and ethnic violence, with a view to ending impunity and providing accountability.
For media queries, please contact:
Doune Porter, Media Advisor, chrssmedia@ohchr.org /at +41 79 752 0486 or
Rolando Gómez on rgomez@ohchr.org/+41 79 477 4411







Today on the 11th March 2019, Kenyan President Uhuru Kenyatta have been busy, as he visited both Kigali meeting Rwandan President Paul Kagame and later in the day at State House, Entebbe in Uganda, President Yoweri Kaguta Museveni.
What is really special is how quickly the Kenyan President passed between the Heads of State, as well as how brief it was in Kigali and also in Entebbe. Its also special, that there was no issued statements, joint communications or anything significant dropped hours after the visits. There only been minor dropped quotes and citation in the likes of New Times Rwanda, Chimps Reports/Soft Power News, which are positive and government friendly media outlets in respective countries. Also, some acknowledgement in the Kenyan Press. However, nothing official about this.
Even though it is positive that the Kenyan President have visited Kigali and Entebbe within this short time, as the escalation and growing tensions between the state has significantly strained over the past two weeks. As the Rwandan has closed the border, the Ugandan have arrested and questioned Rwandan nationals, as the states are retaliating against each with various of measures. While not talking or having dialogue between them. As well, as even more questionable behaviour of both …
The talks today between Kenyatta and Kagame might have been pleasant, as the pictures of the event seems joyful. Also, that the cordial meeting between Museveni and Kenyatta, seemed decent enough in the circumstances. But whatever progress or whatever the talks was about. Is surely not easy to know. There was no minutes, was no official documents or any communique of any sorts, that has been released. Not even the pre-text for the 24 hours hasty meetings in Rwanda and Uganda of the Kenyan counterpart.
It is positive that Kenyatta does this, but we doesn’t know with what intention, what mandate or anything he plans to get out of this. Except he is trying to the be giant in the East Africa. The Big-Man able to settle the grievances between neighbours. Because what does it say, that Kagame and Kenyatta held a “a tête a tête” meeting for a brief while, while later holding bilateral talks at Entebbe State House with Museveni. Who knows what it produced or didn’t produce.
That is what I bugged about, because this sort of meetings shouldn’t be kept secret. The narratives, the stories and their plays should be public. For the regard of the trust between the Heads of State and their citizens. All three’s best interest are the public trust and the lack of transparency in this matter. Shows why the tensions between the state is filled with conspiracy and mistrust between both parties. Is because of the lack of open government and lack of proper consultation between the President and the general public. Peace.




