Obasanjo Report: Final Report of the AU Commission of Inquiry on South Sudan

FINAL REPORT OF THE AFRICAN UNION COMMISSION OF INQUIRY ON SOUTH SUDAN

ADDIS-ABABA, 15 OCTOBER 2014

INTRODUCTION: 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.

In specific terms, the AUPSC Communiqué mandates the AUCISS:

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.

Finding on the Crime of Genocide

1. The AU report identifies the four operational sector commanders as General Salva Mathok for Amarat neighborhood, General Bol Akot for Gudele and Mia Saba neighborhoods, General Garang Mabil for Mangaten and General Marial Chanuong for Khor William. Salva Mathok is a relative of Salva Kiir and Marial Chanuong is the head of Kiir’s presidential guards. Bol Akot has been identified in previous reports as a “civilian” who led militia at the time of the massacres and whom Kiir later gave a senior rank in the army. The AU report goes on to quote the Minister of Defense Kuol Manyang as saying that a militia loyal to Salva Kiir known as Rescue the President (Dut Ku Beny in Dinka) “killed most people here [in Juba] — from 15th to 18th.” This refers to a force that other witnesses describe as Kiir’s “personal army”, which he allegedly recruited and based at his private farm at Luri near Juba.”””
2. The Commission’s investigations as well as information received from various sources, including its consultations, leads the Commission to conclude that there are reasonable grounds to believe that serious violations of human rights have occurred and that serious violence of other abuses have also occurred, which, given the context in which they have occurred – may amount to violations of international humanitarian law.
3. The Commission finds that based on the information available to it, there are no reasonable grounds to believe that the crime of genocide has occurred. Despite the seeming ethnic nature of the conflict in South Sudan, the Commission, during its consultations with various groups and individuals did not have any reasonable grounds to believe that the crime of genocide was committed during the conflict that broke out on December 15, 2013.
4. The Commission recommends the establishment of an ad hoc African legal mechanism under the aegis of the African Union which is Africa led, Africa owned, Africa resourced with the support of the international community, particularly the United Nations to bring those who bear the greatest responsibility at the highest level to account. Such a mechanism should include South Sudanese judges and lawyers.
5. The Commission has identified possible alleged perpetrators that might bear the greatest responsibility using the standard of ‘reasonable grounds’ to believe that gross violations of human rights and other abuses have occurred during the conflict (see the highly confidential list not publicly available as part of this report).The highly confidential list will be submitted directly to the Peace and Security Council of the African Union. 
6. The Commission therefore recommends the creation of a national reparations fund and programme linked appropriately to these traditional justice mechanisms, to benefit victims of gross human rights violations. Eligibility for reparative measures undertaken (including rehabilitation and psychosocial assistance should not be limited to the period to which the Commission’s mandate relates (from December 15, 2013) but can include victims of past human rights violations.

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1. Executive Summary of the Obasanjo Report (AUCISS) on South Sudan 

EXECUTIVE SUMMARY: AU Report into Atrocities Committed in South Sudan (26 pages long)

2. Full Final Report of the Obasanjo Report (AUCISS) on South Sudan

OBASANJO REPORT: FINAL REPORT OF THE AFRICAN UNION COMMISSION OF INQUIRY ON SOUTH SUDAN (315 pages long)

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PaanLuel Wël

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PaanLuel Wël is the founder and editor-in-chief of PaanLuel Wël Media Ltd, a news website that covers news, opinions, analysis, history, culture and literature of South Sudan and the world. Founded in July 2011 by PaanLuel Wël to create a platform for free expression and constructive dialogue, the website features articles from various contributors, including columnists, commentators, poets, authors, activists and academics. PaanLuel Wël believes that media can play a vital role in informing, educating and empowering the people to participate in nation-building and social transformation. He also believes that media can foster a culture of dialogue, tolerance and diversity among different communities and groups, and hopes to inspire and mentor the next generation of South Sudanese writers and journalists.

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