A/HRC/45/CRP.4
to citizens whose property was destroyed, help victims to rebuild their livelihoods, receive
applications from victims from the CTRH, and make necessary compensation and reparation.
The CTRH will be expected to receive applications from alleged victims, identify and
determine their right to remedy, and recommend guidelines to be adopted by the legislature
for determining the type and size of compensation and reparation for victims. The HCSS will
is also be required to award appropriate remedies to victims within its jurisdiction including
reparations and compensation.
44
•
Designing a reparation process capable of impacting long lasting peace, national
reconciliation, and healing: participants underscored the importance of an inclusive
reparation process that is responsive to the needs and priorities of affected communities and
individual victims and survivors. In addition, responsible mechanisms should be granted the
autonomy to establish their own policies and ensure that registration, verification, and
implementation processes are not overly restrictive or burdensome on potential beneficiaries.
Public outreach and awareness creation will be essential to understand and manage victims’
expectations, and develop a public consensus on the aims of and feasible approaches for
achieving reparation in South Sudan.
•
Prioritisation and sequencing: fundamental questions regarding the universe of victims, who
will be considered the most vulnerable, who could be excluded, or whether the reparation
programme should include victims of conflict-related violations committed prior to the 2013
conflict, are yet to be resolved. Experts advised that difficult choices and compromises often
have to be made in post-conflict contexts such as South Sudan, which are literally undergoing
reconstruction. In a similar context, Sierra Leone, the choice was made to prioritise
reparations for children affected by violence, followed by women and then amputees. These
decisions were reached following consultations with victims’ and survivors’ groups.
Women, for instance, prioritised reform of marriage laws and education of girls, due to
existing gender-based and structural inequalities. Victims also received specialised surgery
to repair injuries suffered as a result of SGBV.
•
Urgent and interim reparation: It will be important to consider feasible avenues and
measures to address some of the victims’ crucial needs, such as healthcare, in the interim
period, before the establishment of an elaborate reparation programme.
•
Cost of reparations: The reparation programme must explicitly identify the state sources for
funding the reparation programme. The practice from other transitioning contexts has been
that development partners and donors will be apprehensive to support domestic reparation
programmes in the absence of direct funding from the government. In this regard, civil
society organisations and victims’ groups were encouraged to consistently engage
government institutions and Ministries in deliberations regarding feasible and effective
options for reparations in South Sudan, as these are the actors who will eventually have to
make critical policy, administrative and budgetary decisions.
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