A/HRC/45/CRP.4
with reparations in South Sudan, and to ensure that proposed measures result in the intended
aims of acknowledging and addressing harms suffered, preventing recurrence of conflictrelated violations, national reconciliation, and healing. Several preliminary surveys and
assessments involving victims across South Sudan already provide useful insights on key
aspects that ought to be considered in designing a reparation program.
68.
South Sudan Law Society representatives referred to an assessment conducted by
South Sudan Law Society between January and February 2017, entitled Reparations for
Conflict-Related Abuses in South Sudan: A Preliminary Assessment of Public Priorities,
which sought to understand victims’ perspectives on options for reparations, and to
contribute to the development of a credible and transparent reparation process in South
Sudan. The assessment was conducted in Juba, Bor, Wau, Bentiu, and Malakal, which are
five of the most conflict-affected areas of South Sudan. Notably the findings of that
assessment were that:
42
•
While 85 per cent of the respondents had heard about the ARCSS, the majority of them,
particularly the less educated, were not informed of the transitional justice or reparation
measures therein. This points to the need for extensive outreach programmes to elicit
understanding of the reparation programme and its goals, anticipated procedures, and
avenues for participation among victims and conflict-affected communities. Such
programmes should be targeted at all levels and segments of the society, including those who
lack formal education and in rural settings.
•
Nonetheless, given the extensive nature of the conflict – affecting a vast population of South
Sudanese – there was widespread agreement (92 per cent) within the surveyed locations, that
affected victims should receive reparations. Respondents believed that reparations would
signify the State’s intolerance for conflict-related violations committed against civilians,
which defied existing norms, including rape and other abuses against women, children and
elderly people; and enable victims to overcome practical obstacles in rebuilding their
livelihoods. Respondents viewed murder (92 per cent), rape and SGBV (79 per cent),
displacement (74 per cent), destruction of property and looting (72 per cent), and torture (52
per cent) as the most serious conflict-related abuses. Participants across all field sites
believed that women, children, and elderly persons were most severely affected by conflictrelated abuses in comparison to other groups. They considered victims of rape and SGBV
(78 per cent), those who were physically injured or disabled (77 per cent), those experiencing
psychological trauma (69 per cent) and widows (66 per cent) to be the most vulnerable.
•
Furthermore, 83 per cent of the respondents surveyed favoured provision of material
reparations commensurate to the harm suffered by affected individuals rather than symbolic
measures. Yet, at the same time, 53 per cent of those surveyed believed that reparations
should prioritise entire communities while 47 per cent considered individual reparations to
be more suitable.
•
Despite widespread agreement on the need for reparations, there were variances in
participants’ views based on their geographic location, related experiences of conflict, and
ensuing or persisting needs. For instance, a higher percentage of respondents in Bentiu, Bor,
and Juba considered rape and SGBV to be the most serious conflict-related abuse compared
to other sites; respondents in other sites prioritised health care and other essential services
compared to Juba, which is considered to have relatively better access to basic services than
other parts of South Sudan; and demand for individual reparations was highest in Bentiue
PoC (85 per cent) and Bentiu Town (82 per cent), and lowest in Malakal PoC (0 per cent)
and Malakal Town (7 per cent). Thus, a reparation programme must also take into account
specific local needs and challenges, which are likely to impact the nature and potential
success of reparation measures in different contexts.
•
Even though there were little to no statistical differences between responses from male and
female respondents in the study, participants generally highlighted the impact of conflict on
women and challenges that widows and victims of SGBV are likely to encounter in
rebuilding their livelihoods. It will, therefore, be imperative to include a detailed
understanding of the gendered nature of violence and structural inequalities, and identify
practical measures to dismantle and overcome such inequalities, in all stages of the design
and implementation of a reparation programme.
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