A/HRC/45/CRP.4 give due regard to the suffering of victims, their families, and communities whose fundamental human rights were violated by the conflict. 115. As in Sierra Leone, reparations measures may need to prioritise certain classes of victims through a package of measures, rather than just compensation alone. Other countries have prioritised those most vulnerable, children, and youth, those having suffered sexual violence, the elderly, and war wounded. The Commission will continue to advocate for the setting up of a Reparations Fund by the Government of South Sudan to be funded by 1 per cent of South Sudan’s oil revenues which should be set aside for reparations to victims of the conflict. 116. Development programmes can also be used to complement reparations through providing wider benefits to all South Sudanese as well as to respond in the interim to victims’ needs. This notwithstanding, the Government should consider symbolic measures including memorialisation initiatives that will serve as an acknowledgement of the State’s failure of its responsibility to protect its citizens and also awaken society to the crimes that were committed in order to prevent repetition. 117. While both President Kiir and First Vice President Dr. Riek Machar have occasionally tendered apologies for the violations committed by their forces in the course of the conflict, the most meaningful apologies are those that are made in the context of the implementation of the transitional justice process, including reparations. Indeed, a cogent sign of contrition would be the implementation of Chapter V of the R-ARCSS. 118. Reparations and compensation are also rooted in the traditional customary adjudication of disputes in South Sudan. Traditional authorities, who have long managed disputes arising from the conflicts, are an important resource to assist in formulating reparation measures that are tailored to local contexts. In South Sudan, cattle raiding has long been a source of conflict between communities which has been settled using traditional dispute mechanisms which could provide a conducive environment for reparations to operate in. At the local level, payment of compensation through cattle by responsible perpetrators and their clan for murder or serious violations to the victims’ family or clan, have sometimes helped to restore the social equilibrium and avoid blood feuds. Often such payments are associated with symbolic reconciliation ceremonies involving the slaughtering of cattle and the sharing of meals among hitherto feuding parties. A preliminary study of how traditional authorities have used reparations and compensation to settle disputes, as well as the kind of measures that have been adopted and accepted by both victim and perpetrator, should be compiled to assist in the planning of any future programme. VI. Recommendations 119. The Commission recommends that the Government of South Sudan: (a) Take immediate steps to remedy persistent and undue delays in implementation of the R-ARCSS, including reconstitution of the Transitional National Legislative Assembly and establishment of State governments, to facilitate enactment of legislation and a conducive environment for initiation of transitional justice processes in South Sudan; (b) Expedite the enactment of legislation and establishment of the Commission on Truth, Reconciliation, and Healing, Hybrid Court for South Sudan, and Compensation and Reparation Authority, in accordance with Chapter V of the R-ARCSS; (c) Ensure that transitional justice is pursued as an integral, rather than a secondary, component of peacebuilding and development in South Sudan, including by ensuring appropriate allocation of adequate resources for operationalisation of the Commission on Truth, Reconciliation, and Healing, Hybrid Court for South Sudan, and Compensation and Reparation Authority; (d) Issue a public report to the citizens of South Sudan, indicating the steps it has taken so far, with regard to implementation of Chapter V of the R-ARCSS, and 25

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