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Advance Version Distr.: Restricted 10 March 2016 A/HRC/31/CRP.6 Advance version Distr.: Restricted 10 March 2016 English only Human Rights Council Thirty-first session Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Assessment mission by the Office of the United Nations High Commissioner for Human Rights to improve human rights, accountability, reconciliation and capacity in South Sudan: detailed findings* Summary This present document contains the detailed findings of the comprehensive assessment conducted by the Office of the United Nations High Commissioner for Human Rights (OHCHR) into allegations of violations and abuses of human rights and violations of international humanitarian law in South Sudan since the outbreak of violence in December 2013. It should be read in conjunction with the report of the United Nations High Commissioner for Human Rights on the assessment mission to South Sudan submitted to the Human Rights Council at its thirty-first session (A/HRC/31/49). * Reproduced as received. A/HRC/31/CRP.6 Contents Page Part 1 Executive Summary ......................................................................................................................... 6 I. Establishment of the OHCHR Assessment Mission to South Sudan ............................................... 8 A. Mandate ................................................................................................................................... 8 B. Methodology ............................................................................................................................ 9 C. Challenges and Constraints ...................................................................................................... 11 II. Legal Framework ............................................................................................................................. 12 A. International Humanitarian Law .............................................................................................. 13 B. International Human Rights Law ............................................................................................. 14 C. International Criminal Law ...................................................................................................... 16 D. Domestic Law .......................................................................................................................... 18 III. Contextual analysis – Historical Background to the Conflict .......................................................... 19 A. Introduction .............................................................................................................................. 19 B. Patterns of State Violence ........................................................................................................ 20 C. Relationships between Nuer and Dinka Peoples ...................................................................... 25 D. The Search for Reconciliation and Justice in South Sudan History ......................................... 26 Part 2 IV. Overview of Alleged Violations and Abuses of Human Rights and Violations of International ..... Humanitarian Law ........................................................................................................................... 34 A. Introduction .............................................................................................................................. 34 B. Killings .................................................................................................................................... 34 C. Sexual and gender-based violence ........................................................................................... 38 D. Violence against children and the recruitment of child soldiers .............................................. 39 E. Violations of the freedoms of opinion and expression, and of peaceful assembly .................. 40 F. Unlawful and arbitrary detention and conditions in places of detention .................................. 41 V. Human rights situation in specific states in 2015 ............................................................................. 43 A. Unity State ............................................................................................................................... 43 B. Upper Nile State ....................................................................................................................... 55 C. Central Equatoria ..................................................................................................................... 64 D. Western Equatoria .................................................................................................................... 66 Part 3 VI. Principal findings of OHCHR Assessment Mission to South Sudan .............................................. 71 A. Crimes against Humanity ......................................................................................................... 71 2 A/HRC/31/CRP.6 B. Killings .................................................................................................................................... 73 C. Deaths in detention .................................................................................................................. 74 D. Starvation of Civilian Populations. .......................................................................................... 74 E. Discrimination and Targeting on the Basis of Ethnicity .......................................................... 75 F. Sexual and Gender-based Violence ......................................................................................... 75 G. Violations relating to the deprivation of liberty ....................................................................... 76 H. Crimes against Children ........................................................................................................... 76 I. Destruction and Looting of Property ....................................................................................... 76 J. Terrorizing and Punishment of Civilian Populations ............................................................... 77 K. Violations of freedom of opinion and expression and of assembly ......................................... 77 L. Organization of the Relevant Authorities and Armed Actors .................................................. 77 VII. Justice and Accountability- .............................................................................................................. 78 A. Government and Opposition responses to conflict-related violence ........................................ 78 B. Capacity and competence of the judicial system ..................................................................... 80 C. Accountability and the Peace Agreement ................................................................................ 84 Part 4 VIII. Conclusions ...................................................................................................................................... 88 IX. Recommendations ............................................................................................................................ 88 Annex Terms of Reference .......................................................................................................................... 91 Chronology of “Accountability” Commitments Made by the Parties .............................................. 94 Maps of South Sudan ....................................................................................................................... 98 3 A/HRC/31/CRP.6 Glossary ARCSS Agreement on the Resolution of Conflict in South Sudan AU African Union BANFMU Bangladeshi Forces Marine Unit CEAWC Committee for the Elimination of the Abduction of Women and Children COI Commission of Inquiry CPA Comprehensive Peace Agreement CSO Civil Society Organizations HCSS Hybrid Court of South Sudan HRD Human Rights Division IDP Internally Displaced Person IGAD Intergovernmental Authority on Development ILO International Labor Organization JEM Justice and Equality Movement JIU Joint Integrated Unit LRA Lord’s Resistance Army MDF Maban Defense Forces NGO Non-Governmental Organization NPSSS National Prison Services of South Sudan NSS National Security Service NSCC New Sudan Council of Churches OHCHR United Nations Office of the High Commissioner for Human Rights PoC Protection of Civilians PSC Peace and Security Council ROSS Republic of South Sudan SAF Sudan Armed Forces SGBV Sexual and Gender-Based Violence SPLA Sudan People’s Liberation Army SPLM Sudan People’s Liberation Movement SPLM/A-IO Sudan People’s Liberation Movement/Army in Opposition SSDF South Sudan Defence Forces SSLA South Sudan Liberation Army SSNPS South Sudan National Police Service SSHRC South Sudan Human Rights Commission TGoNU Transitional Government of National Unity UNHCR United Nations High Commissioner for Refugees 4 A/HRC/31/CRP.6 UNIFEM United Nations Development Fund for Women UNMISS United Nations Mission in the Republic of South Sudan UNOSAT United Nations Operational Satellite Applications Programme UNPOL United Nations Police UPDF Uganda People’s Defence Force WFP World Food Programme 5 A/HRC/31/CRP.6 Part 1 Executive Summary 1. Since the outbreak of violence in December 2013 and through most of 2014, the United Nations (UN) and the African Union (AU) have documented brutal violations
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