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
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