A/HRC/45/36
National Security Services (NSS) and the Military Intelligence department of South Sudan
People’s Defence Forces, continue to threaten, arbitrarily arrest, detain and ill-treat
individuals and organizations for their cooperation or perceived cooperation with the UN.87
Further, access issues impact the peacekeeping mission’s ability to monitor and report
human rights violations and UNMISS asserts that, when reporting in some cases, “numbers
are likely under-representative of the full scale of the crisis.”88 Names and details of those
concerned cannot be put forward for fear of further reprisals.
114. During the reporting period, UNMISS received reports of six 89 incidents targeting
persons perceived as informing or providing information on human rights violations. On
one occasion, NSS personnel harassed, arbitrarily arrested and detained for several hours
four local community members, who provided information on human rights violations and
abuses to the UN. They were released after receiving a warning not to share any
information with again.
115. In other situations, NSS elements intimidated and coerced local authorities into
revealing information on meetings held with UN entities. Dressed in plain clothes, they
reportedly also infiltrated meetings, community gatherings, or awareness-raising activities
organized by the UN, to monitor and intimidate participants. In one particular instance, two
male civilians were arbitrarily arrested and detained by the NSS after they had expressed
their views in a UN-led forum on peace. In another reported incident, representatives of the
Military Intelligence department arbitrarily arrested, detained and ill-treated a civilian after
the individual had complained about human rights violations by government forces during a
public forum facilitated by the UN.
116. Local community leaders and traditional authorities are also reportedly subject to
intimidation and reprisals. For instance, a community leader received death threats from
government security forces after holding a closed meeting with UNMISS on the
implementation of the revitalized peace agreement. Two civilians also received death
threats from unidentified armed elements after sharing with UNMISS the case of human
rights violations against a minor.
117. As in past reporting periods, incidents of intimidation or reprisal against individuals
cooperating with UN are believed to be underreported due to widespread self-censorship. In
the context of COVID-19, several sources have reported that they did not feel comfortable
to discuss sensitive issues over the phone with the UN, out of fear of being monitored.
118. In a March 2020 resolution, the Security Council “strongly condemned the
continued obstruction of UNMISS by the Government of South Sudan (GoSS) and
opposition groups, including … restrictions on patrols and UNMISS efforts to … monitor
human rights conditions” (S/RES/2514(2020)). Many of these restrictions were reported by
the Secretary-General as violations of the Status of Forces Agreement (SOFA).90
119. Pertaining to meetings that UNMISS holds with partners on its premises, the
Security Council “condemn[ed] in the strongest terms attacks on and threats made to
UNMISS personnel and United Nations facilities … [and] demand[ed] that all parties …
immediately desist and refrain from any violence against those gathered at United Nations
facilities (para. 25).” In relation to the Security Council sanctions committee, the Council
urged all parties and Member States to ensure cooperation with the Panel of Experts on
South Sudan including “unhindered access, in particular to persons, documents and sites in
order for the Panel of Experts to execute its mandate (para. 24).”
87
88
89
90
See also A/HRC/42/30, Annex II, paras. 96–98; A/HRC/39/41, Annex I, paras. 100–102.
See for example UNMISS, Conflict-related Violations and Abuses in Central Equatoria, September
2018-April 2019 (July 2019), para. 116, https://unmiss.unmissions.org/sites/default/files/final__human_rights_division_report_on_central_equatoria_-_3_july_2019_0.pdf.
Three incidents involving four victims (Western Equatoria); one incident involving two victims
(Eastern Equatoria); one incident involving four victims (Western Bahr el Ghazal); and one incident
involving one victim (Central Equatoria).
See S/2019/491, paras. 76–82; S/2019/722, paras. 87–91; S/2019/936, paras. 59, 86–91; and
S/2020/145, paras. 87–92.
43