A/HRC/45/CRP.4
13.
The main highlight was the formation of an informal inter-agency working group
from the participants focused on six main areas, namely: (i) creating tangible solutions for
the security and political challenges; (ii) engaging with the AU; (iii) alternative traditional
justice mechanisms and victim-centred processes; and (iv) advocacy for institutional reform
and strengthening of domestic systems.
Transitional justice as a means to promote accountability, national reconciliation and healing
in South Sudan
14.
There was recognition among the participants that South Sudanese are craving for
sustainable peace. With an objection from a participant from the Ministry of Justice, most
participants concurred that the agreements reached in the R-ARCSS, including specific
mechanisms anticipated in Chapter V, provide a watershed opportunity to initiate transitional
justice as one of the means to secure sustainable peace in South Sudan.
15.
The Hon. Angelina Teny from the SPLM-IO emphasised that genuine commitment
is required from all parties to ensure the realisation of transitional justice measures,
particularly to: address historical grievances, marginalisation and injustices that have led to
protracted conflict; cultivate a common nationhood and identity on what it means to be South
Sudanese; provide individual and collective criminal and political accountability for past
violations; and promote institutional reforms and other systemic changes that can catalyse
effective societal transformation.
16.
Dr. Lam Akol from the Democratic Change party acknowledged that the R-ARCSS
creates an opportunity for implementation of preceding negotiations, agreements, and
processes, and highlighted key priorities to achieve accountability, national reconciliation,
and healing through transitional justice in South Sudan. Mr. Akol stated:
“As a result of the fighting there were atrocities committed on both sides of the divide, though
not at the same scale. At least there is acknowledgment of those atrocities. These atrocities
need to be addressed because at least there are no perpetrators that should go free.”
To this end, Dr. Akol noted that it is important that the Commission on Truth, Reconciliation,
and Healing (CTRH), Hybrid Court for South Sudan (HCSS), and Compensation and
Reparation Fund and Authority are all conceived and implemented in a mutually reinforcing
manner, to “promote the common objectives of facilitating truth, reconciliation, healing,
compensation, and reparation in South Sudan”.87
17.
The Chairperson of the United Nations Commission on Human Rights in South
Sudan, Ms. Yasmin Sooka, reflected on the AU Commission of Inquiry on South Sudan’s
report that provided detailed proposals on potential solutions to address documented human
rights and humanitarian law violations and underlying causes of the conflict, including truthseeking, a Hybrid Court, compensation and reparation, and political arrangements and
approaches. The AU Inquiry was then followed by various negotiations that resulted in the
2015 ARCSS and 2018 R-ARCSS.
18.
During a plenary discussion, participants noted that the workshop provided a timely
and critical opportunity to deliberate on the policies, institutions, and processes that would
be necessary for the design and implementation of proposed transitional justice measures to
effectively meet the needs of South Sudanese as articulated in the R-ARCSS, and initiate a
process that will lead to significant transformation in South Sudan.
19.
The workshop further underscored South Sudanese people’s views, as reflected in the
R-ARCSS, that justice and peace must be pursued together as mutually reinforcing, rather
than diametrically opposed, objectives. Commissioner Barney Afako emphasised that the
transitional justice measures and mechanisms should, in a complementary manner, ensure:
holistic interrogation of the past to accurately understand and document what took place
before and during the conflict, how and why it happened, who was affected, and responsible
actors.
20.
Participants acknowledged that a few positive actions have already taken place, for
instance a thorough and high-level fact-finding mission capable of establishing responsibility
87
R-ARCSS, Article 5.1.3.
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