Witness testimonies and other evidence of human rights violations have been gathered by the United Nations Mission in South Sudan (UNMISS) and compiled into a human rights report, published 8 May 2014.
The report dated covers the period since 15 December 2013 and was prepared by the peacekeeping mission’s Human Rights Division (HRD).
Its publication follows an earlier interim rights report released on 21 February 2014. This report is based primarily on over 900 interviews with victims and witnesses, among others,
Radio Tamazuj will publish parts of the report section by section. Here is presented the section of the report on human rights abuses in Upper Nile state.
Upper Nile State
148. Upper Nile state has seen the heaviest fighting in the conflict in South Sudan, resulting in serious violations of human rights and humanitarian law. Fighting began on 19 December in the Wanding SPLA barracks in Nassir County, to the east of the state capital Malakal.
From 19 to 23 December, UNMISS received various reports of military build-ups and deployments by both parties and of sporadic fighting in specific SPLA locations, but not of major military engagements.
However, by 24 December, in light of the tense security situation, many Government officials had left the State, with the exception of the Governor who had returned on 18 December. On 24 December, Malakal town was attacked by opposition forces.
149. Numerous military engagements followed the initial attack on Malakal town, ranging right across Upper Nile State through March. While the civilian administration was largely absent, nowhere is it clearer than in Upper Nile State that the various military chains of command remained intact and capable of directing diverse operations.
The opposition mobilized various groups of Nuer youth and the former Commissioner of Nassir County commanded White Army elements aligned with the opposition forces. Reinforcements for both parties were brought in from neighbouring Jonglei State as well as from several SPLA Divisions, including the 1st, 6th, 7th, and 8th Divisions, which all suffered massive defections.
The breakup of security forces also affected the police and other agencies, and meant that opposition forces were on occasion observed to comprise SPLA, SSNPS, Wildlife Service, mobilized Nuer, and occasionally the Fire Brigade personnel.
150. On-going fighting in Malakal town and across Upper Nile State has severely restricted the HRD’s operations and investigations. By 17 April, over 197,000 people were displaced in Upper Nile State and by 22 April, over 19,000 civilians were seeking protection in UNMISS PoC sites in Malakal and Melut.
The following section provides an overview of the humanitarian law and human rights violations in Malakal town, as both parties fought for and gained control of the State capital; attacks on churches and the Malakal Teaching Hospital; and a human rights assessment of the impact of the conflict on civilians and civilian property in rural Baliet County.
Malakal town
151. Malakal town has been the most contested state capital and has seen nearly continuous fighting. The town changed hands six times between December and April. It was first captured by opposition forces on 25 December. Heavy fighting including with tank and artillery fire ensued, with both Government and opposition forces present in Malakal town until it was recaptured and held by the SPLA from 28 December to 13 January. From 14 January to 19 January, the State capital was again under opposition control. Government forces recaptured it on 19 January and held it until 18 February. Notwithstanding the entry into force of the Cessation of Hostilities Agreement on 24 January, fighting continued and the opposition retook the town, from 18 February to 19 March. On 19 March it came back under SPLA control.
152. The impact of the violence on the civilian population of Malakal town has been severe. The continued fighting and escalating scale of the damage caused significant displacement. By 28 December, approximately 12,000 people were in the UNMISS Malakal PoC site and 103 were in the UNMISS Melut PoC site.
The opposition capture of Malakal on 14 January nearly doubled this number, and by the end of January, there were an estimated 28,821 IDPs at the Malakal PoC site, with an estimated 157,000 people displaced in the State.
153. Civilian property was extensively destroyed or damaged. UNOSAT’s preliminary damage assessment taken on 18 January, reported 515 residential and related structures, and 58 warehouse or commercial structures, destroyed. UNOSAT noted, “[m]ultiple indications of looting are evident in the warehouse area and in residential areas along the southeast edge of town.”
In the two months between this initial assessment and the following update on 15 March, opposition forces and SPLA had each held the town for a month, and UNOSAT reported 9,878 residential and related structures, and 204 warehouse or commercial structures, destroyed. Active fires were still visible. In total, fully 22 percent of the State capital was destroyed.
154. The UNMISS compound and PoC site in Malakal did not escape the fighting. While it was not targeted directly, firing was reported around the UNMISS base and airport on 23 December. In fighting on 25 December, the UNMISS Malakal PoC site itself was in the cross-fire: on this day, the UNMISS Level II hospital in Malakal treated 20 SPLA soldiers and 20 to 30 civilians for gunshot wounds.
On 26 December, UNMISS had to advise both parties to withdraw their troops and cease fighting near the UNMISS base and PoC area. On 26 December, heavy fighting close to UNMISS continued, with tanks, anti-aircraft guns, mortars, and heavy machine guns: thousands of IDPs in the PoC site were allowed into the main UNMISS compound to provide at least some greater degree of safety.
On 14 January, UNMISS and the IDPs in the PoC site were again in the crossfire; 38 IDPs and one UNMISS military officer were wounded. A 14 year old boy was killed.
155. Both parties reportedly conducted extensive house-to-house searches during their various periods of control. In this context, gross human rights violations, such as extra-judicial killings and sexual violence, occurred. For example, on 29 December and 2 January, SPLA forces were reportedly conducting house-to-house searches for people of Nuer origin believed to be loyal to Mr. Machar.
From 15 to 17 January, it was members of the White Army, with red, black and green cloths tied around their heads, who were reportedly conducting house-to-house searches for people of Dinka origin believed to be loyal to the Government, as well as other communities such as the Shilluk.
On 21 January, reports were again received that SPLA forces were conducting house-to-house searches for White Army youth.
156. Witnesses also reported widespread looting. For instance, on 25 December, opposition soldiers reportedly entered a private home and demanded money and mobile phones. After receiving the money, the soldiers beat and shot a resident who later died.
On 27 December, approximately seven SPLA soldiers reportedly went to a private home, ordering the residents, at gunpoint, to lie down on the floor and give them their money. The house was turned upside down in a search for money and other property.
On 15 January, approximately seven opposition forces reportedly entered a private home and began looting and breaking things. The resident was reportedly told to take a few items of clothing and leave. As he was fleeing, he noticed neighbouring houses broken into, looted, and burned.
157. On 15 January, the day the leader of the Nuer White Army, General Gathoth Gatkuoth, ‘declared’ himself Governor, widespread looting occurred, including of the World Food Programme (WFP) warehouse and UNICEF offices.
Reportedly, opposition forces offered weapons training to civilians in mid-January. On 18 February, several opposition forces, dressed in military and civilian clothing, came to a private home, and demanded money and phones. Two members of the family who did not have money were killed. The perpetrators told the family that they were killing Shilluk people because the Shilluk were not supporting them.
158. In late January, UNMISS integrated team patrols visited several locations where people were seeking protection, including churches, hospitals and schools; each hosted hundreds, and in some cases, thousands, of people. The market was closed and deserted, bodies remained in the streets, and newly burned homes were observed.
UNMISS patrols recorded dead bodies in the streets of Malakal on numerous occasions. Assistance was requested from UNMISS, as well as local and international NGOs, to help clear the bodies. The total civilian casualties in Malakal Town, and the wider State, has yet to be counted, but between 30 December and 3 January alone, a total of 218 bodies were buried at the Molekia Cemetery.
159. By mid-February, the town was deserted and thoroughly looted. Dead bodies were still observed in the streets. As opposition forces were battling for control for the third time on 18 February, fighting broke out in the Malakal PoC site between IDPs, leaving six dead and approximately 150 wounded.
160. UNMISS raised the violations in Malakal town with the various commanding officers of both belligerent parties. On 16 January, the commander of opposition forces met with UNMISS and asked to meet IDPs. He acknowledged the looting and indiscriminate shooting by Nuer youth in Malakal town.
On 27 January, UNMISS met the Upper Nile State Governor, Lt. Gen. Simon Kun Puoch, who also acknowledged that some SPLA personnel were engaged in ‘targeted killings’ in Malakal. While he claimed that steps were being taken to rectify the situation, he reported that the SPLA command had ‘lost control’ of some troops.
Attacks on Churches
161. Throughout the conflict, thousands of civilians have sought shelter in several churches around Malakal. Neither Government nor opposition forces respected the sanctity of churches, with numerous witnesses reporting to the HRD that armed men would enter, in some cases nearly every day, harassing IDPs, demanding money and other goods, targeting certain individuals on the basis of their ethnicity, engaging in killings and ill-treatment, and abducting and sexually violating women and girls.
162. At the Presbyterian Church, more than 4,000 people were seeking protection by 18 January. On approximately 20 January, a pastor was reportedly shot and killed by an SPLA soldier at the Church.
One witness reported that on 25 January, SPLA soldiers came to the Church and asked for people of Nuer origin.
Another source states that opposition forces killed at least one Shilluk man on 18 February; there is some corroboration for this allegation.
163. Another witness reported that on 20 February, opposition forces including the While Army came to the Church and shot indiscriminately, allegedly killing approximately 30 people, mostly of Shilluk origin.
Another source states that, on or around 22 February, a group of about 200 IDPs decided to try to reach the UNMISS PoC site from the Church; on the way, the group encountered about 20 opposition soldiers who started shooting at them.
The IDPs ran in all directions, with one family running to the river and hiding in the water. When opposition forces found them, three Shilluk men were shot and killed. Other witnesses provide some corroboration for this incident.
164. By 18 January, following a deterioration of the security situation with the opposition’s capture of Malakal in mid-January, approximately 3,000 to 4,000 people had sought protection at the St. Joseph Roman Catholic Cathedral, including prisoners who had reportedly been freed by opposition forces from the Malakal Central prison on 15 January.
Between 14 and 16 January, opposition forces reportedly made attempts to break into the Cathedral but were prevented by church authorities. Two reports indicate that opposition soldiers killed people of Shilluk origin, and took money and other valuables from the IDPs.
165. In mid-February, witnesses reported that armed men came to the Cathedral and killed IDPs. One witness stated that on 19 February, opposition forces consisting mainly of White Army youth of around 12 to 18 years of age, came to the Cathedral and asked for Shilluk and Dinka individuals.
When no one was singled out, they told all Nuer to leave the Cathedral as they would return to destroy it. Two witnesses reported killings at the Cathedral by opposition forces, on 21 and 22 February; one incident reportedly involved the selection and killing of Shilluk men and boys.
166. At Christ the King Church, one witness reported that on 19 February, opposition forces including the White Army killed two people in the Church compound. On 19 and 20 February, opposition forces looted both food and non-food items from the Church.
Three witnesses report that on 25 February, a group of opposition forces, including the White Army, picked out young women and sexually assaulted them. Hundreds of IDPs were extracted from the Church by UNMISS and taken to the UNMISS PoC site for protection.
Malakal Teaching Hospital
167. The Malakal Teaching Hospital is the major hospital in Upper Nile State and is located in the Jalaba area at the centre of Malakal town. When the crisis erupted, many people sought refuge at the Hospital, believing in the safety of the facility.
Numbers of IDPs at the Hospital were fluid, with people constantly moving in and out. On 3 January, the HRD conducted a monitoring visit to the Hospital, and were told that both water and electricity had been cut.
The HRD saw the SSNPS screening people at the entrance for arms and ammunition. On 26 January, the HRD conducted another assessment and was informed that approximately 3,000 people had sought shelter at the Hospital.
168. Early on the morning of 18 February, Malakal was the scene of heavy fighting, with automatic weapons firing, explosions, and high-intensity shelling occurring in many locations around town. People ran to seek shelter; approximately 1,000 to 2,000 fled to the UNMISS Malakal PoC s
169. ite [sic], while others went elsewhere, including to the Malakal Teaching Hospital. Reliable sources indicated that opposition forces attacked the Hospital at least twice, although there is information to suggest that they attacked it more than two times.
170. On the morning of 18 February, opposition forces entered the Hospital, reportedly armed with guns, pangas, and spears. Several witnesses reported that they had red cloth tied around their heads. The soldiers forcefully took money, phones, and other valuables from patients and medical personnel.
Often those who did not have valuables were beaten; others were shot. There is information that opposition forces targeted individuals from the Dinka and Shilluk communities. There is some indication that all Nuer patients were separated out or allowed to leave before the killings began.
171. One woman reported that soldiers shot and killed her young son as he was sleeping next to her. Another woman reported seeing two young men shot. One witness stated that he and three others were told to lie down and were shot; he was shot in the chest but managed to survive while the others died.
Another witness saw a Dinka woman and Shilluk boy taken from the Hospital and killed. Another witness saw her five brothers killed by perpetrators whom she identified as former police officers.
Another source saw five people killed, including a relative. One witness saw seven people killed, including two children. One witness reported that many young girls were abducted.
172. According to a source, the Hospital was heavily looted, including hospital equipment, mattresses, vehicles belonging to the Hospital, an ambulance, and the drugs from the pharmacy. Parts of the Hospital were burned.
173. Opposition forces returned on 19 February, again demanding money and valuables from patients, and killing several. One source reported that the perpetrators included youth between 12 and 17 years old. One witness indicates that remaining items were looted, including clothing and medicines.
One witness saw an elderly Shilluk man killed because he could not hand any valuables over; another witness saw a young girl being beaten for the same reason. Another witness saw ten people killed, all Shilluk and Dinka. Reportedly, women were forced to carry looted items out of the Hospital.
Two witnesses reported that those remaining were told by opposition forces to leave the Hospital that evening because Nuer opposition forces would return and kill anyone left.
174. UNMISS integrated team missions, including HRD personnel, visited the Malakal Teaching Hospital on 22, 23, 25, and 26 February when security conditions permitted. Several dead bodies, approximately 15, were visible outside and within the Hospital compounds, and many more decomposing inside the wards.
Due to a lack of personnel, dead bodies remained in the wards with the sick and elderly who were unable to leave on their own. There was no food; those who could move were getting water from the river.
The HRD received two reports that many dead bodies were thrown into the Nile River. Between 23 and 27 February, UNMISS and other partners extracted over 100 patients and IDPs from the Hospital and brought them to the UNMISS Malakal PoC site. Allegations of sexual violence during the attack on the Hospital were also received, and the HRD is investigating.
Attacks on Baliet County
175. Baliet County is one of 13 counties in Upper Nile State and contains Baliet town and other main payams. Baliet town is located along the Sobat River, which connects South Sudan to the Republic of Ethiopia, and is thus the main river route for business between Upper Nile State and Ethiopia.
Baliet town lies between the Counties of Nassir, Malakal, Longochuk, Ulang and, Fashoda and is the main town between Nassir town, believed to be the strong hold of opposition forces, and Malakal. It is thus the main route to Malakal from Nassir and other neighbouring counties. Its strategic location, particularly in terms of access to Malakal, has made Baliet a target of attacks.
176. From approximately 23 December onwards, opposition and Government forces swept back and forth through Baliet County, as they fought for control of Malakal and the rest of Upper Nile State. As they moved through the County, opposition forces left a path of destruction.
Hundreds of civilians were reportedly killed, entire villages were destroyed, and livestock, food items, and other personal possessions were looted. It is difficult to estimate the number of displaced. Witnesses report moving from one location to another seeking safety and few were able to reach an IDP camp or PoC site quickly.
By 30 March, over 16,000 IDPs were registered at three IDP sites in Melut, to the north of Baliet, with the County Commissioner reporting to UNMISS that a large number of the IDPs are from Baliet County.
177. Baliet County was initially attacked when opposition forces, including the White Army, first advanced on Malakal. Residents who survived this attack and were fit enough, fled to the bush for safety, many crossing the Sobat River from their payams to reach Baliet Town.
As many displaced people returned to their payams, they were attacked and forced to flee a second time by opposition forces who had been driven out of Malakal and were on their way back to Nassir between 1 and 2 January.
178. The HRD gathered over 70 witness accounts concerning attacks across the County, which include allegations of serious human rights and humanitarian law violations, including killings.
Those who survived the initial attacks were left isolated and without food, water, shelter, or basic medical supplies. Precise dates and locations of attacks were not always clear; witness testimony varied and many were not able to provide precise detail, likely due to the chaotic circumstances and trauma.
While some of the testimony could not be verified, due to access constraints, a bleak picture nonetheless emerges of devastation as civilians were killed or fled their homes into the bush.
179. Initial fighting occurred in Adong Payam between 22 and 23 December. Reportedly, opposition forces were mostly Nuer youth from Nassir County, dressed in both civilian and military uniforms, carrying AK-47s.
One witness claimed they were hundreds. Most people in the village fled to the bush. Several witnesses reported that many civilians were killed; two witnesses report losing most of their relatives. One witness lost seven brothers, including young boys. Homes were burned.
180. On or about 24 December, opposition forces fought with Government forces in Baliet town. One witness described the opposition forces as mostly Nuer youth, dressed in both military and civilian clothing, carrying AK-47s. People ran to the nearby forest for safety.
One witness saw opposition forces kill his brother and said that all of his surviving family members and neighbours hid in the bush for approximately one week. One witness reported that many people died from thirst while hiding. Another witness reported seeing 10 people, including children, killed in front of her.
181. Two sources report that on or about 24 December, individuals in SPLA uniforms speaking Nuer attacked Banglai Boma in Nyongliar Payam after the SPLA withdrew. The attackers reportedly killed people at random, with one witness reportedly seeing 40 dead bodies including women and children. The assailants also reportedly looted private property, including cows.
182. Opposition forces attacked Abwong Payam twice, with the first attack between 24 and 31 December. One witness stated that opposition forces surrounded the entire village and started shooting randomly. Another witness fled to the forest while his livestock were looted and his home burned.
Those who could not make it to the forest, such as the elderly and sick, were killed. A source reported that 192 individuals were killed, while another reports that 80 were killed and 4,500 cattle were looted.
183. On or about 31 December, opposition forces reportedly from Nassir, Ulang, and Longochuk Counties attacked SPLA forces in Adong Payam. Government forces withdrew to Baliet. People ran into the forest but those who could not, including the elderly and sick, were left behind and killed.
184. Several witnesses reported that Abwong Payam was again attacked in early January, around 1 or 2 January. One witness reported that opposition forces came in the middle of the night and started shooting at people in their sleep.
People were rounded up, asked what tribe they belonged to and whether they supported President Kiir or Mr. Machar; if they were Dinka, they were reportedly killed on the spot. One witness stated that everyone was running away, and his four adult children were killed.
Another witness reported that many people tried to cross the river to Baliet town; those that could not cross were killed, while those that made it to Baliet town found that there was no one there, only dead bodies.
185. Opposition forces reportedly then proceeded to Baliet town, where they allegedly indiscriminately opened fire on people fleeing for safety. People ran in all directions; many to the bush and some, especially the elderly, to the Presbyterian Church.
Those who could not run were left behind. According to a witness interviewed by UNMISS, as a family was fleeing, one woman lost her children in the chaos, and has not been able to find them since.
Another witness was found in her home with her children; as she tried to run, she could only grab the hands of two of her children. She saw the others shot, one by one.
186. One witness, having run to the forest after the first attack on Baliet town, returned seven days later to find soldiers again storming the town. She ran once again. Similarly, another witness tried to return to Baliet town around 1 January, thinking the fighting was over. As she tried to cross the river, opposition soldiers shot at her.
She reported that, every morning, soldiers would come to the forest and conduct a search, “killing those they found”. When she was found, opposition soldiers “showed her mercy” because she was with a small child.
187. Several witnesses reported that many people hiding in the bush, especially small children, died from thirst. One witness reported that she ran to the river to hide in the dry grass.
Opposition forces set fire to the area, and as people fled, they were shot. Some survived by hiding in the river. The witness reported that when she returned to Baliet after its re-capture by the Government, she saw at least 70 bodies in town.
188. One witness reported seeing 13 people, including children, killed by opposition forces as they were running away. Another witness reported that, after spending a few days in the forest, he was “shocked” to see many bodies lying on the streets and in the Church.
He decided to leave town with other IDPs to save his life. Another witness reported that, after hiding in the bush, people were “desperate” to leave. As they were trying to return to Baliet by boat across the river, there was a panic and the witnesses’ mother was killed.
189. Another witness reported that he ran from Baliet town when he heard that opposition forces were coming. When he reached Rian Nom Payam, he was surprised to meet Nuer soldiers who “shot randomly and killed many people”. He ran to Malakal, then to Akokoa, later to Paloich, and finally to Melut.
190. On approximately 10 January, opposition forces pushed Government forces to Adong Payam. Heavy fighting ensued, with artillery and tanks. People ran to the bush. A witness reported that the attackers were armed with machine guns, spears, and machetes. One source reported that opposition forces pursued them, opening fire. He saw nine bodes in the bush.
191. On 28 January, Government SPLA forces re-captured Baliet. One source reports that a Government assessment team counted 370 bodies in civilian dress when they surveyed the extent of damage to Baliet County. Fighting continued in the County through February.
(Footnote: Human Rights Officers also received reports of attacks on Kokpiet Payam; Patany Payam; Wun-Nyok Payam; Nyok Kuoch Payam; and Dudi Payam during this period. Opposition forces then proceeded to attack Malakal, which they captured on 14 January).