A/HRC/45/CRP.4
victims’ organisations, non-governmental organisations, religious organisations, labour
unions, and social movements are involved.
88.
The emergence of the COVID-19 pandemic and public health measures put in place
to mitigate its spread, are likely to hamper public consultations and engagement.
Nonetheless, the R-TGoNU must take all measures possible to identify feasible avenues for
public engagement on the legislation, composition, and operation of transitional justice
institutions. The use of radio stations and broadcast media with widespread reach, including
at community levels, and collaboration with focal points within protection of civilian sites
and refugee camps offer viable avenues for public participation in the formation of the HCSS,
CTRH, and CRA.
89.
The R-ToGNU should collaborate with civil society and other national, regional, and
international stakeholders to conduct a comprehensive outreach programme targeting the full
cross-section of the South Sudan population. Lessons can be drawn from successful outreach
programmes related to transitional justice processes in South Africa, Sierra Leone, and
Tunisia.65 An effective outreach programme should provide clarity on the goals, objectives,
and parameters of anticipated transitional justice mechanisms, thereby managing citizens and
victims’ expectations. It should also seek to address misconceptions and misinformation
regarding the aims and expected outcomes of transitional justice measures, such as the notion
that accountability will lead to destabilisation of the fragile peace in South Sudan.
90.
Specific measures should be put in place to address structural inequalities that may
hinder the accessibility or effectiveness of transitional justice measures for certain groups or
individuals, due to prior or existing vulnerabilities. This will, for instance, require that gender
and child-sensitive approaches, policies, measures, and technical capacities are put in place
to identify, understand, and effectively respond to the varied ways that women, men, girls,
and boys have experienced conflict-related violations and their consequences. Furthermore,
every effort must be made to address State and societal denial of conflict-related sexual
violence and the stigmatisation of affected survivors and their families, so that they are
empowered to effectively participate in truth, justice, and reparation processes. Transitional
justice measures should also be cognisant of pre-existing gender-based inequalities that are
likely to hinder survivors, especially women, to ensure their optimal participation in
anticipated truth-seeking, accountability, reparation, reconciliation, and healing processes.
Transitional justice measures should be victim-centred, holistic, and context-specific
91.
The HCSS, CTRH, CRA and any other transitional justice measures initiated in South
Sudan must resonate with the experiences, needs, and priorities of conflict-affected victims
and communities. South Sudanese have repeatedly articulated the need for a transitional
justice process that encompasses truth-seeking, criminal accountability, reparation
(including redistributive and restorative justice), and reform measures all pursued in a
mutually reinforcing manner to address past violations and prevent their recurrence.
92.
A context-specific approach to transitional justice calls for consideration of factors
that may be unique to the conflict situation in South Sudan. Notably, economic crimes,
violations of land rights, and cattle rustling have emerged as significant drivers of conflict
and resulting violations in South Sudan.
93.
Further, a holistic approach to transitional justice in the context of South Sudan will
necessitate the incorporation and engagement of, and support to, traditional and customary
justice measures. Customary authorities remain an integral part of the social fabric of South
Sudan. The Transitional Constitution of South Sudan provides that customary law should be
regarded as a source of law in South Sudan, and is binding to the extent that it does not
conflict with provisions of the Constitution.66 Furthermore, customary processes are far more
accessible geographically, culturally, and in terms of costs than statutory institutions, and
have played a major role in dispute resolution among civilians for decades. They are present
in areas of the country from which statutory justice institutions are absent; they also enjoy a
much higher level of trust and confidence with the public than any statutory institution. In
65
66
See Report of the Commission on Human Rights in South Sudan – A/HRC/37/CRP.2, at p. 118.
South Sudan Constitution (2011), Sections 5(a) and 167.
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