A/HRC/45/CRP.4
•
securing a conducive environment for the implementation of a holistic transitional justice
programme that includes a strengthened domestic legal system, an enhanced role of local
indigenous reconciliation and justice processes, and an effective public awareness
programme;
•
strengthening civil society engagement with the African Union, Reconstituted Joint
Monitoring and Evaluation Commission (R-JMEC), and the Government of South Sudan on
the implementation of the Chapter V mechanisms taking into account linkages and
sequencing; and
•
produce a report that will summarise the discussions and outcomes/recommendations.
Summary
8.
Between 16 to 18 December 2019, the Commission on Human Rights in South Sudan
(CHRSS) convened a workshop on Transitional Justice and Promotion of Peace in South
Sudan. The meeting was held in Addis Ababa, Ethiopia, and symbolically marked six years
since the outbreak of the conflict in South Sudan.
9.
The Commission organised the Workshop against the backdrop of mounting anxiety
and uncertainty due to significant delays in the initiation of transitional justice measures
anticipated in Chapter V of the 2018 Revitalised Agreement on the Resolution of the Conflict
in the Republic of South Sudan (R-ARCSS). Despite the creation of a Technical Committee
in December 2016 to conduct national consultations on a truth-seeking process, the
Commission for Truth, Reconciliation, and Healing (CTRH) intended to address the legacy
of past human rights abuses was yet to be established. Likewise, the process of establishing
the Hybrid Court for South Sudan (HCSS) to investigate and prosecute individuals suspected
of committing conflict-related crimes had stalled since 2017, following the Transitional
Government of National Unity’s (TGoNU) failure to adopt the draft Statute and sign a
Memorandum of Understanding (MoU) with the African Union for establishment of the
Court. At the same time, the conceptualisation of a comprehensive reparation programme
including setting up the Compensation and Reparation Authority and Fund had not begun.
On a parallel level, the National Dialogue process continued to gather and analyse
information from within and outside of South Sudan in preparation for a national conference.
However, many South Sudanese remained profoundly cynical about the process, and
expressed concern that it was purposely designed to circumvent accountability processes
anticipated in Chapter V of the RARCSS.
10.
The workshop drew over 70 participants from the TGoNU, including the Minister
for Justice and Constitutional Affairs, parties to the R-ARCSS including Sudan People’s
Liberation Movement (SPLM) and Sudan People’s Liberation Movement-in-Opposition
(SPLM-IO), the Real SPLM, the Transitional Justice Working Group, and other South Sudan
civil society and faith-based organisations, international non-governmental organisations,
the Revitalised Joint Monitoring and Evaluation Commission (R-JMEC), United Nations
Development Programme (UNDP), United Nations Mission in South Sudan (UNMISS),
United Nations Secretary General’s Representative to the African Union, Chairperson of the
African Commission on Human and Peoples’ Rights and South Sudan Country Rapporteur,
the African Court on Human Rights and Justice, and diplomatic corp.
11.
Participants and experts with technical and contextual knowledge on various aspects
of transitional justice and the socio-political situation in South Sudan led panel presentations,
including by sharing lessons learned and observations drawn from comparative post-conflict
and transitioning contexts. Presentations were followed by plenary discussions and breakout
sessions to generate consensus among participants on the way forward for transitional justice
and national reconciliation in South Sudan.
12.
This report presents the outcomes of the workshop, including key policy
considerations and proposals that implementing actors, civil society organisations, and
development partners should take into account to surmount political obstacles and ensure a
holistic and context-specific approach to transitional justice in South Sudan.
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