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 covers the period since 15 December 2013 and was prepared by the peacekeeping mission’s Human Rights Division (HRD).

Radio Tamazuj has been publishing section by section the parts of the report on abuses committed in Unity, Central Equatoria, Upper Nile and Jonglei states.

Here are reproduced two other sections of the report on thematic issues, the first sexual violence, and the second instances of violence committed in or near UN bases.

Conflict Related Sexual Violence

250. The conflict has exacerbated the vulnerability of women and children in South Sudan to sexual violence, notably in the most affected States of Central Equatoria, Jonglei, Upper Nile, and Unity.

251. Within the HRD, a team of Women Protection Advisers led the monitoring of indicators and investigation of reported incidents of conflict-related sexual violence.

This team used the OHCHR guidelines for monitoring and investigating gender-based violence, as well as the World Health Organization Guidelines on Researching and Documenting Sexual Violence in Emergencies and the Inter- agency Standing Committee's Guidelines on response to Gender-Based Violence in Humanitarian Settings.

252. Sexual violence is well-known to be under-reported during peacetime; during conflict, obstacles to reporting are even greater. Since 15 December, UNMISS and humanitarian actors have documented the breakdown of healthcare services in conflict-affected States.

Hospitals and primary care clinics were attacked in Jonglei, Unity and Upper Nile States, while security forces exerted a strong presence in health care centres that remained operational, such as Juba Teaching Hospital.

The ability of survivors of sexual violence to receive services in this environment was severely diminished. Consequently, most incidents of sexual violence could not be reported to health actors, or documented or verified through medical reports.

The alleged perpetration of sexual violence by security forces undermined the credibility of these institutions to receive reports of sexual violence. The closure of Government offices and the diversion of police to security operations further prevented reporting to security, judicial, and social welfare actors.

Social stigma also prevented reporting. Even when incidents were reported, investigations often could not proceed in order to protect the survivor. While some incidents have been verified, many remain under investigation.

Investigation of sexual violence in conflict can take time in order to overcome challenges to reporting and to ensure protection of victim/survivors.

253. All parties to the conflict have committed acts of rape and other forms of sexual violence against women of different ethnic groups. Credible information suggests that sexual violence took place in connection with the occurrence of human rights and humanitarian law violations before, during, and after heavy fighting, shelling, looting, and house searches.

Women of nationalities of neighbouring countries were also targeted. The forms of sexual violence used during the conflict include rape, sometimes with an object (guns or bullets), gang-rape, abduction and sexual slavery, and forced abortion.

In some instances, women’s bodies were mutilated and, in at least one instance, women were forced to go outside of their homes naked.

254. The incidence of sexual violence in Central Equatoria State increased in the days following 15 December. At least 27 incidents were documented, of which 22 incidents were attributed to Government security forces and mainly to the SPLA. These include 14 incidents of rape and gang-rape, one attempted rape and four cases of sexual slavery.

In four other incidents, the alleged perpetrators were not identified. An IDP also raped a woman outside a POC site, reportedly on ethnic grounds. The majority of identified survivors are Nuer women, but at least one act of sexual violence perpetrated against a Dinka woman has been confirmed.

For example, in the days following 15 December, Nuer women were stopped in a street of Juba by SPLA soldiers and taken to unknown places. They were then assigned to soldiers who repeatedly raped them.

In some instances, survivors were subsequently taken as “wives” by the soldiers. On 16 December, three girls under 18 years old were gang-raped by SPLA soldiers when they broke in their house and found them alone.

255. Eleven incidents of conflict-related sexual violence were reported in Jonglei State. These include five incidents of rape, four incidents of gang rape (one followed by a forced abortion), one attempted rape, one incident of abduction and sexual slavery, and one incident of women abducted and threatened with rape.

Alleged victims are Dinka and Nuer. The SPLA was reportedly involved in six of these acts, opposition forces in three, while in two other incidents the perpetrators were not identified.

256. Twenty-one incidents of conflict-related sexual violence were reported in Upper Nile State. These include eleven incidents of rape, two incidents of gang rape, two incidents of attempted rape, two incidents of abduction and sexual slavery, one incident of abduction leading to other forms of sexual violence, one incident of sexual violence and one incident of sexual harassment.

Alleged victims include foreign nationals and members of the Shilluk, Nuer, Dinka and Murle ethnic groups. SPLA allegedly perpetrated six of these violations, opposition forces were implicated in nine, one incident was perpetrated by IDPs against an IDP, and in four incidents the perpetrator could not be identified.

257. The capture of women to use as “wives” or sexual slaves was reported in Upper Nile State. For example, two incidents were confirmed of opposition soldiers capturing women and holding them for many days in a house where they were raped.

In one of the incidents, the perpetrators stated that they intended the women to be their “wives.” These types of incidents occurred after active fighting had taken place.

258. Twenty-five incidents of conflict-related sexual violence were reported in Unity State, comprising 14 incidents of rape; nine incidents of gang rape; and two incidents of sexual harassment. Victims included foreign nationals, and persons of Nuer and Equatorian ethnicity. Allegations have been received involving all parties to the conflict.

259. On the evening of 20 December, seven foreign women were gang raped in their work places by national security forces in SSNPS and SPLA uniforms. On 16 February, Government forces attacked the Mayendit area during which at least 20 women were reportedly raped by JEM elements, together with some Dinka SPLA soldiers.

According to an eye witness, women suffered rape and soldiers urinated into victims’ mouths. Some women subsequently died and others were left in critical health condition. In another incident, three boys were allegedly raped by JEM. The youngest one reportedly died as a result of the rape.

260. Multiple incidents of rape and gang rape by JEM were reported in Leer County. When opposition forces recaptured Bentiu town on 15 April, some foreign women who were fleeing the attacks on the Hospital and mosque were allegedly sexually assaulted while being subjected to physical searches by opposition forces.

After assaulting them, the soldiers stole any money and personal belongings they found on them.

Violations Against Individuals Seeking Protection at UNMISS Protection of Civilians Sites

261. Within the first four weeks of the crisis, almost 500,000 persons were displaced within South Sudan and around 74,300 people had crossed into neighbouring countries.

Many of the displaced fled into PoC sites in UNMISS bases, namely, Tomping and UN House in Juba, Central Equatoria state; Bor, Jonglei State; Malakal and Melut, Upper Nile State; Bentiu and Pariang, Unity State; and Rumbek, Lakes State. By 22 April, an estimated 78,477 IDPs were being protected in UNMISS PoC sites.

262. This is the first instance of any United Nations mission providing protection to civilians facing imminent threat of physical violence on this scale or for this length of time. In addition to physical protection, UNMISS has also worked, in coordination with humanitarian partners, to ensure that humanitarian and other protection assistance has reached these IDPs.

263. However, UNMISS continues to receive reports that, when leaving PoC sites, IDPs have been subjected to ill-treatment, sexually assaulted, arbitrarily detained, or even killed. As UNMISS’ peacekeepers have been limited in number, their tasks of protecting the PoC sites, externally and internally, has constrained their ability to protect individuals in the vicinity of the PoC site.

While it was often difficult for the HRD to confirm each individual report received, the number of reports received and their consistent nature indicates that the pattern of targeting is credible and that individuals seeking protection continue to be at risk of imminent threat of physical violence should they attempt to return home.

264. In Jonglei State, for instance, the HRD has received multiple reports that IDPs who left the UNMISS Bor PoC site were attacked and, in some cases, killed. Such allegations increased when the Government re-captured Bor town, from 24 to 30 December, and spiked again in March.

Community leaders produced a list of 33 individuals who were staying in the PoC site and were allegedly killed in the vicinity of the site during this period. Multiple similar incidents were reported in Juba.

For instance, a Nuer man reported that, on 20 January, when he left a PoC site to check on his home which had reportedly been looted, he was caught by a group of SPLA soldiers in uniform, speaking in the Dinka language, who told him that he should not have tried to go back to his house. The soldiers subsequently assaulted him.

In Unity State, a report was received that, on 30 and 31 January, multiple Nuer individuals were arbitrarily detained by Government forces outside the UNMISS PoC site in Rubkona.

Related coverage:

Scores of women raped, killed in wave of sexual violence in South Sudan (8 May)

South Sudan rights commission blames ‘ethnic massacres’ for spread of war (March 23)