A/HRC/45/CRP.4 issued a command in July 2019 calling for all women and girls held in SPLA/IO bases in Western Equatoria to be released, resulting in the ad hoc release of a few individuals.55 67. Since last year, the United Nations, with support from South Sudan’s judiciary, has also been holding sessions in mobile courts in the towns of Malakal, Bentiu, and Rumbek, trying cases including rape, robbery, and assault. In December 2018, mobile courts in Bentiu sentenced three men identified as soldiers of the South Sudan People’s Defence Forces to imprisonment ranging from 6 to 12 years for sexual violence crimes, which represents important progress.56 68. Stakeholders at a Transitional Justice Workshop convened by the Commission in December 2019 identified accountability for atrocity crimes as a cornerstone for sustainable peace in South Sudan. The workshop underscored the need to explore additional domestic, regional, and international avenues that could be pursued, to keep the quest for accountability in South Sudan alive, including through the African Commission on Human and Peoples’ Rights and universal jurisdiction.57 IV. The impact of COVID-19 on the implementation of transitional justice measures 69. Following the lapse of the May 2020 timeline for enactment of the legislation to create transitional justice mechanisms, the R-TGoNU has neither provided public updates on progress achieved, nor issued a formal statement on any obstacles it may be experiencing due to the COVID-19 pandemic. While the pandemic has created genuine obstacles towards the implementation of various aspects of the R-ARCSS, it is critical that the Government should not cite the current situation to justify further delay in the formation of transitional justice mechanisms anticipated in Chapter V. 70. While certain public consultations and participation by South Sudanese, including victims, in the conceptualisation and formation of the anticipated transitional justice measures are likely to be impeded due to restrictions on movement, social distancing, risk of physical interactions, and weak internet and digital technology coverage in South Sudan, these conditions are not a reason not to commence on exercises. Notably, the R-ARCSS requires that the R-TGoNU conduct national consultations with conflict-affected communities, especially marginalised and minority groups, so as to ensure that their needs and priorities are incorporated in the draft legislation for the establishment of the Commission on Truth, Reconciliation, and Healing. The R-ARCSS anticipated that the national consultations should have been concluded by April 2020. 71. The Commission notes with concern that the R-TGoNU has not put in place any mechanisms to facilitate the broad and effective participation of conflict-affected communities and individuals in such national consultations. Civil society and victims’ groups have also expressed concerns over the lack of inclusion of previous consultations conducted by a State-established technical committee in 2017 and 2018. Enhanced vigilance is therefore required to ensure that any transitional justice processes initiated during the pandemic period will be as participatory and inclusive as possible, with the possibility to continue the consultations once circumstances permit. Only in this way will the process be informed by the views and perspectives of South Sudanese so as to effectively respond to victims’ and survivors’ needs. 72. The Commission notes that the African Union Commission also postponed a meeting with key stakeholders that was scheduled to take place in March 2020, to draft rules and regulations for the operation of the Hybrid Court. This meeting was intended to foster the opportunity for discussions with both State and non-State actors in order to resolve the current stalemate following the Government’s failure to adopt the draft Statute and sign the Memorandum of Understanding with the African Union to establish the Hybrid Court. The African Union also expressed security concerns over the use of online communication Report of the Secretary General on the situation in South Sudan – December 2019, S/2019/936 – p.13. Conflict Related Sexual Violence – Report of the Secretary General – 29 March 2019 – S/2019/280 – p. 18. 57 See the annexed report of the transitional justice workshop (Annex I). 55 56 15