A/HRC/45/CRP.4
marginalised areas; and collaboration with allies at community, national, regional, and
international levels. Moreover, civil society actors must constantly seek innovative and
practical ways to push for the realisation of victims’ rights to truth, justice, and reparation.
82.
Notably, development partners and the regional and international movement of civil
society should consider working in collaboration with South Sudanese civil society actors to
equip them with relevant operational and technical resources, including victim and witness
protection resources, to pursue accountability for on-going State suppression of civic space
and violations against human rights defenders and journalists. In this regard, civil society
actors should not overlook the potential of feasible opportunities that may be availed through
domestic courts and regional human rights accountability mechanisms.63
Sustained involvement of and strategic action by regional and international actors
83.
There is a further need for more robust and sustained engagement of the African
Union, IGAD, United Nations Human Rights Council, United Nations Security Council, and
Troika states with the R-TGoNU to ensure adherence by all parties to the Revitalised Peace
Agreement and the realisation of transitional justice in South Sudan. The citizens of South
Sudan would like to see regional and international actors assert their political leverage with
the same zeal and level of investment as was applied in securing the peace agreement and
subsequent political arrangements.
84.
The enhanced engagement of international and regional actors has the potential to
catalyse the creation of a favourable environment for the initiation of transitional justice
measures, including by creating a stronger demand for adherence to the permanent ceasefire
agreement by all parties, and resolution of persisting political contestation that has led to
unwarranted delays in the establishment of State governments and reconstitution of the
Transitional National Legislative Assembly. The anticipated contribution of regional and
international development partners to the Special Fund for Reconstruction provides an
opportunity to push for the R-TGoNU’s initial funding of $100 million USD per annum as
demonstration of its commitment to the timely and effective provision of humanitarian
assistance and rehabilitation of victims and conflict-affected communities.64 Such measures
should aim to provide recognition of affected individuals and communities as rights-holders
and address their immediate essential needs, thereby motivating their meaningful
participation in transitional justice processes.
85.
Because of the specific roles conferred upon it by the R-ARCSS, visible action is
expected from the African Union to influence progress by the R-TGoNU in pursuing
accountability for gross violations of human rights and international humanitarian law in
South Sudan. Beyond its responsibility to establish the Hybrid Court as set out in the RARCSS, the African Union has a broader mandate to promote regional peace and security,
and the protection of fundamental rights. Moreover, the recently launched Transitional
Justice Policy mandates the AU to exercise political oversight over all transitional justice
processes initiated across the African continent.
Transitional justice measures should be inclusive and impartial
86.
The R-TGoNU should ensure that transitional justice processes and mechanisms are
implemented in accordance with established human rights principles, particularly to
guarantee equality, non-discrimination, impartiality, and inclusivity.
87.
The design and implementation of transitional justice measures must guarantee equal
and impartial access, reach, and participation of all segments of the South Sudan population,
regardless of ethnicity, religion, gender, age, political affiliation, social status, residence,
level of education, or any other arbitrary grounds. The R-TGoNU should establish effective
measures to facilitate broad public participation, including of women, youth, children,
opposition parties, citizens in remote areas, and other marginalised groups, in the
conceptualisation, development, implementation, and monitoring of transitional justice
measures. The Government should also ensure that civil society in its plurality, including
63
64
CHRSS Transitional Justice Workshop, December 2019.
R-ARCSS, Article 3.2.
18
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