1 AU Commission of Inquiry on South Sudan Addis Ababa, Ethiopia PO Box 3243 Telephone

315 Pages·2015·3.52 MB·English

by  Godfrey Musila

AU Commission of Inquiry on South Sudan
Addis Ababa, Ethiopia P. O. Box 3243 Telephone: [phone] / +251
11 518 25 58/ Ext 2558
Website: http://www.au.int/en/auciss

Original: English

FINAL REPORT

OF THE AFRICAN UNION COMMISSION OF INQUIRY ON SOUTH SUDAN

ADDIS ABABA 15 OCTOBER 2014
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Table of Contents

ACKNOWLEDGEMENTS ............................................................................................... 3
ABBREVIATIONS ........................................................................................................... 5
CHAPTER I ..................................................................................................................... 7
INTRODUCTION ............................................................................................................. 8
CHAPTER II .................................................................................................................. 34
INSTITUTIONS IN SOUTH SUDAN .............................................................................. 34
CHAPTER III ............................................................................................................... 110
EXAMINATION OF HUMAN RIGHTS VIOLATIONS AND OTHER ABUSES DURING
THE CONFLICT: ACCOUNTABILITY ......................................................................... 111
CHAPTER IV ............................................................................................................... 233
ISSUES ON HEALING AND RECONCILIATION ........................................................ 234
CHAPTER V ................................................................................................................ 274
CONCLUSION: ........................................................................................................... 275
FINDINGS AND RECOMMENDATIONS .................................................................... 275
ANNEXURES .............................................................................................................. 305
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ACKNOWLEDGEMENTS

The report of the Commission of Inquiry on South Sudan had the benefit of
support and insights from a wide variety of individuals and organizations. It is
very important to point out from the onset that the Commission enjoyed the
immense support of the Chairperson of the Commission of the African Union,
H.E. Dr. Nkosazana Dlamini Zuma, the Commissioner for Peace and Security,
H.E. Smail Chergui and the Commissioner for Political Affairs, H.E. Aisha L.
Abdullahi, who in various ways put at the disposal of the Commission the
necessary resources required for the execution of the fact-finding work it was
tasked with.

The Commission wishes to thank from the outset, the Governments of the
Republic of Uganda, Federal Democratic Republic of Ethiopia, Republic of
Sudan and Republic of Kenya and in particular, President Yoweri Museveni,
President Hassan Omer al Bashir and Prime Minister Hailemariam Desalegn
for given the Commission the opportunity of sharing their insights on the
South Sudan situation. At the same time, the Commission thanks former
President Thabo Mbeki and the African Union High-Level Implementation
Panel for Sudan and South Sudan for the useful contribution made to its fact-
finding work. Lastly, the Commission wishes to thank the government of
South Sudan and SPLM/IO for their cooperation and commitment to ensuring
the safe passage of members of the Commission on the ground despite
various constraints.

The Commission conducted interviews on a largely not-for-attribution basis
and we therefore thank all those who gave so generously of their time in what
were sometimes very difficult circumstances in a country facing complex state
and nation building challenges. In this regard, the Commission would like to
specifically, thank former Special Representative of the Secretary General,
Madam Hilde Johnson and her interim successor, Mr Raisdon Zenanga and
their team for the immense support provided to the Commission in the course
of its work in South Sudan.

The Commission would also like to register its appreciation to the Office of the
High Commissioner for Human Rights Office, Office of the Special Adviser of
the Secretary General of the United Nations on the Prevention of Genocide
and United Nations Women which all supported the investigative aspects of
our fact-finding work. The Commission wishes to thank these offices for the
technical back-stopping provided to the Secretariat and hopes that this
cooperation and collaboration will continue into the future.

The Commission would also like to recognize the institutional support and
assistance of various international organizations, international non-
governmental organizations, non-governmental organizations in South Sudan
and the South Sudan academia. In particular, we want to recognise the
following organizations, the African Union, the African Union Commission, the
African Union Peace and Security Council, the African Union High Level
Implementation Panel on Sudan and South Sudan, the African Union Liaison
Office in South Sudan, Diplomatic Corps Resident in South Sudan, the United
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Nations, the United Nations Security Council, the United Nations Mission in
South Sudan, the United Nations High Commission for Human Rights, the
United Nations Development Programme, UN Women, the UN Office to the
AU, the World Health Organization, UN OCHA, UNICEF, the Inter-
Governmental Authority on Development — Mediators, IGAD — Monitors,
Amnesty International, Human Rights Watch, the International Crisis Group,
the International Committee of the Red Cross, the International Rescue
Committee, Medicines Sans Frontieres, the South Sudan Commission of
Inquiry on Human Rights Abuses, South Sudan Council of Churches, South
Sudan Business Chamber, South Sudan Peace Coalition, South Sudan
Women for Peace, South Sudan Bar Association, Sudd Institute, Ebony
Center for Strategic Studies, University of Juba Department of Peace and
Development Studies, South Sudan Media.

The Commission is very grateful to its Secretariat under the overall direction
of the Legal Counsel of the African Union, Professor Vincent O. Nmehielle.
The Commission acknowledges the following members of the Secretariat: Mr
Olabisi Dare, Head of Humanitarian Affairs, Department of Political Affairs of
the AUC as Executive Secretary; Dr Dawit Toga, Political analyst ; Mme.
Simone Ouattara, Senior Programme Officer; Mr Adewale Iyanda; Legal
Officer; M. Boitshoko Mokgatlhe, Senior political officer; M. John Ikubaje,
Political officer; Mr Bonaventure Cakpo Guedegbe, Regional Desk Officer;
Ms Lulit Getachew, Administrator; Dr. Godfrey Musila, Senior Researcher Dr
Shakiratu Sanusi, Consultant, Research and Report Writing; Mr. Jose D.
Dougan- Beaca, Chief Investigator; Dr. Ahmed Makata, Forensic Pathologist;
Dr Segaran Ramalu Naido, Forensic Pathologist; Mr. Deo Mbuto, Investigator;
Mr. Kitila Katala Mkumbo, Investigator; Ms Lucy Minayo Lugalia, Investigator;
Ms Renifa Marypetra Madenga, Investigator; Sexual and Gender Based
Violence, Ms Shuvai Nyoni, Gender Expert and Legziabher Beyene, Legal
Intern. The Commission would also like to thank members seconded by other
AUC Departments: Bureau of the Chairperson, Bereau of the Deputy
Charperson, Department of Peace and Security, Department of Political
Affairs, the Directorate of Women, Gender and Development and the
Directorate of Information and Communications, the Directorate of
Administration and Human Resources and the Directorate of Finance
Budgeting and Accounting.
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ABBREVIATIONS

CPA Comprehensive Peace Agreement
AU African Union
AUC African Union Commission
AUPSC African Union Peace and Security Council
UN United Nations
UNSC United Nations Security Council
UNMISS United Nations Mission in South Sudan
UNHCHR United Nations High Commission for Human Rights
UNDP United Nations Development Programme
WHO World Health Organization
IGAD Inter-Governmental Authority on Development
ICRC International Committee of the Red Cross
IRC International Rescue Committee
GOSS Government of Southern Sudan
GRSS Government of South Sudan
AUCISS African Union Commission of Inquiry on South Sudan
ACHPR African Commission on Human and Peoples’ Rights
FAS Femmes Africa Solidarité
KII Key Informant Interviews
FGD Focus Group Discussions
IDPs Internally Displaced Persons
SPLA Sudan Peoples’ Liberation Army
SPLM Sudan Peoples’ Liberation Movement
SSNPS South Sudan National Police Service
SSR Security Sector Reforms
DDR Disarmament Demobilisation and Reintegration
SSNLA South Sudan National Legislative Assembly
CBO Community Based Organisation
FBO Faith Based Organisation
CSO Civil Society Organisation
POC Protection of Civilians
SPLM/IO Sudan Peoples’ Liberation Movement — In Opposition
NIAC Non-International Armed Conflict
SGBV Sexual and Gender Based Violence
NCO Non-Commissioned Officer
SSLA South Sudan Liberation Army
NCP National Congress Party
NLC National Liberation Council
TCSS Transitional Constitution of South Sudan
NCRC National Constitutional Review Commission
NCC National Constitutional Conference
TGNU Transitional Government of National Unity
CODS Chief of Defence Staff CODS
SRRA South Sudanese Relief and Rehabilitation Association
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CANS Civil Administration of the New Sudan
SSDDRC South Sudan Disarmament Demobilisation and Reintegration Commission
NDDRC National Disarmament Demobilisation and Reintegration Council
SSDDT Security Sector Development and Defence Transformation
IGP Inspector General of Police
IHL International Humanitarian Law
NGO Non Governmental Organisation
GPAA Special Administrative Area for Pibor known as the Greater Pibor
Administrative Area
NSCC New Sudan Council of Churches
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CHAPTER I

INTRODUCTION

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CHAPTER I

INTRODUCTION

INTRODUCTION

1. As part of its response to the crisis in South Sudan, the Peace and Security Council
of the African Union (AU), at its 411th meeting held at the level of Heads of State
and Government, in Banjul, The Gambia, on 30 December 2013, mandated the
establishment of the Commission of Inquiry on South Sudan (AUCISS). In the said
communiqué, the PSC requested:

[…] the Chairperson of the Commission, in consultation with the Chairperson
of the African Commission on Human and Peoples’ Rights (ACHPR) and
other relevant AU structures, to urgently establish a Commission to
investigate the human rights violations and other abuses committed during
the armed conflict in South Sudan and make recommendations on the best
ways and means to ensure accountability, reconciliation and healing among
all South Sudanese communities. Council requests that the above‐mentioned
Commission submit its report to Council within a maximum period of three
months.1

2. In specific terms, the AUPSC Communiqué mandates the AUCISS:2

a) To investigate the human rights violations and other abuses committed
during the armed conflict in South Sudan;
b) To investigate the causes underlying the violations;
c) To make recommendations on the best ways and means to ensure
accountability, reconciliation and healing among all South Sudanese
communities with a view to deterring and preventing the occurrence of the
violations in future ; and
d) To make recommendations on how to move the country forward in terms of
unity, cooperation and sustainable development;
e) To submit a report within a maximum period of three (3) months.

3. Pursuant to the AUPSC Communiqué, the Terms of Reference (ToR) detailed in the
Concept Note Relating to the Establishment of the AUCISS are to:

a) Establish the immediate and remote causes of the conflict;
b) Investigate human rights violations and other abuses during the conflict
by all parties from 15 December 2013;
c) Establish facts and circumstances that may have led to and that amount
to such violations and of any crimes that may have been perpetrated;

1 AUPSC, Communiqué PSC/AHG/COMM.1 (CDXI) dated December 31 2013.
2 Concept Note on the Establishment of the African Union Commission of South Sudan
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d) Compile information based on these investigations and in so doing
assist in identifying perpetrators of such violations and abuses with a view
to ensuring accountability for those responsible;
e) Compile information on institutions and process or lack thereof that may
have aided or aggravated the conflict resulting in violations of human
rights and other abuses;
f) To examine ways on how to move the country forward in terms of unity,
cooperation and sustainable development;
g) Present a comprehensive written report on the overall situation South
Sudan to the African Union Peace and Security Council within a period of
three (3) months from the commencement of its activities.
h) Make recommendations based on the investigation on the following:

 appropriate mechanisms to prevent a recurrence of the conflict
 mechanisms to promote national healing and cohesiveness,
particularly focusing on the need for all South Sudanese
communities to live together in peace;
 modalities for nation building, specifically focused on building of a
functional political order, democratic institutions and post-conflict
reconstruction;
 accountability mechanisms for gross violations of human rights and
other egregious abuses to ensure that those responsible for such
violations are held to account.

4. Considering the above, the Commission has interpreted its mandate to consist of
four focal areas: healing, reconciliation, accountability and institutional reforms. The
Commission approaches its mandate in a holistic manner. As the conceptual
framework below demonstrates, the approach adopted by the Commission
emphasizes the interrelatedness of the mandate areas.

5. Following consultations, the Chairperson of the AU Commission formally announced
the creation of the AUCISS on 7 March 2014 at the Headquarters of the African
Union. The Commission is constituted as follows:

The Chairperson:

i) H.E. Olusegun Obasanjo, Former President of the Republic of Nigeria

Other members of the Commission:

ii) Lady Justice Sophia A.B Akuffo, Judge, Supreme Court of Justice and
former President of the African Court on Human and Peoples’ Rights
iii) Professor Mahmood Mamdani, Professor, Executive Director, Makerere
Institute of Social Research, Makerere University, Kampala, Uganda and
Herbert Lehman Professor of Government, Columbia University
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iv) Ms. Bineta Diop, President, of Femmes Africa Solidarité (FAS) and AU
Chairperson‘s Special Envoy on Women, Peace and Security
v) Professor Pacifique Manirakiza, Professor, University of Ottawa and
Member, of the African Commission on Human and Peoples‘ Rights

CONCEPTUAL FRAMEWORK

6. Following its establishment, the Commission developed and adopted a Work Plan.
The Commission subsequently developed a conceptual framework to guide its work.
The conceptual framework sets out the Commission’s appreciation of its mandate
including the focal areas of the commission’s inquiry as well as key concepts and
terms that frame the commission’s work. These aspects include the Commission’s
understanding of its mandate as it relates to: healing & reconciliation, accountability
and institutional reforms. Aspects of the conceptual framework are dispersed in
various chapters of this report.

7. In addition to the Conceptual Framework, the Commission also developed various
policies to guide various aspects of its work. These include policies on: operational
modalities; investigations; communication (includes dissemination of the Final
Report); and confidentiality.3

Temporal Jurisdiction

8. The Commission had an open-ended mandate that ran from December 15, 2013,
the day that armed hostilities broke out in Juba. In this regard, the Concept Note
on the Establishment of the Commission provides that the Commission
shall ̳investigate human rights violations and other abuses during the conflict by
all parties from 15 December 2013. The other aspects of the Commission‘s
mandate — reconciliation, healing and institutional reforms — are
understandably not time bound. The Commission‘s mandate was originally set to
end on June 12, 2014, three months from the date of its establishment on March
12, 2014, but was renewed for an additional three months. The Commission
therefore had a lifespan of six months.

9. While temporally the Commission’s mandate relates to events that flow from the
eruption of violence in Juba on December 15, 2013, it is the Commission’s view that
the appropriate approach to our work relating to institutions as well as healing and
reconciliation requires an examination of events before this date. Indeed, some
respondents made the case in their statements to the Commission. In this regard,
one respondent observed that:

I think the four [mandate areas] are interlinked or intertwined and always
when I am asked in a sentence, how do you characterize what happened
on the 15th of December [2013], I say that it was a spark of accumulated

3 See Annex to this Report
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