A/HRC/45/CRP.4
•
Measures should be taken to ensure that transitional justice processes cover all affected
geographic locations and victims, including opposition-controlled territories, as well as
violations committed both by State security and non-State armed groups throughout the
country.
•
Transitional justice measures should also pay attention to the antecedents and causes of the
2013 conflict, including historical injustices and systemic marginalization, as well as
ongoing conflict and violations in parts of South Sudan and within internally displaced
persons (IDPs) and refugee camps.
•
Traditional justice mechanisms and customary practices are highly valued in South Sudanese
society, and should, to the greatest extent possible, be pursued to contribute to truth-telling,
reconciliation, healing, reparation, and accountability. Participants noted that restoration of
traditional authority to the esteemed position it occupied prior to the conflict may be a form
of guarantee of non-recurrence of conflict and related abuses that violated established sociocultural norms.
•
Further, whereas a Hybrid Court is anticipated, there should be continuous exploration of
other potential avenues for broader accountability through national courts, including
enhanced capacity and reforms within the justice sector. Participants emphasised the need
for key actors to also focus their attention on other aspects of Chapter V, besides the Hybrid
Court.
•
South Sudanese further want to see an inclusive, complementary process that includes
various aspects of transitional justice including truth-seeking, reparation (including
redistributive and restorative justice), and reforms, rather than an exclusive focus on
retributive justice.
Inclusive and locally driven
27.
One key element Commissioner Afako presented on was local ownership. He advised
that transitional justice measures must resonate with the experiences, needs, and priorities of
South Sudanese citizens and conflict-affected victims/survivors and communities.
Implementation of the R-ARCSS and transitional justice measures should not be viewed or
driven as an external, imposed, elitist, technical, or political agenda, devoid of the people’s
views and expectations. Inclusion and buy-in of South Sudanese in all segments of society,
including rural areas, uneducated citizens, women, marginalised communities, and those in
opposition, is essential for the effective design and successful implementation of transitional
justice processes and measures in South Sudan.
28.
Additionally, participants agreed that a sense of ownership and buy-in into transitional
justice processes by the general population can also contribute to addressing unhealed trauma
resulting from marginalisation and cycles of violence from one generation to the next.
Moreover, South Sudanese must be effectively positioned to steer transitional justice
processes long after external actors depart.
29.
The proposed action to be taken is to encourage State actors and civil society
organisations to initiate robust public awareness campaigns to enhance the South Sudanese
citizens’ understanding of the R-ARCSS and anticipated transitional justice measures, and
reflect on strategies to promote meaningful inclusion and participation of ordinary citizens
in transitional justice discourses.
Gender sensitive
30.
It will be imperative to incorporate a gender lens during the conceptualisation,
implementation, and monitoring of all transitional justice mechanisms. This will require that
deliberate policies, measures, and technical capacities are put in place to identify distinct
ways in which women, men, boys, and girls have experienced the conflict and its
consequences; and address pre-existing gender-based inequalities that caused or exacerbated
violations or that continue to pose obstacles to the effective participation of either gender in
anticipated truth-seeking, accountability, reparation, reconciliation, and healing processes.
31.
During deliberations, Esther Ikere Eluzai Ladu from the Ministry of Gender, Child
and Social Welfare agreed, and further reiterated that the Government will be committed to
the R-TGoNU ensuring strict adherence to the requirement in the R-ARCSS for 35 per cent
33
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