A/HRC/45/CRP.4
for serious crimes, gross violations of human rights, and violations of international
humanitarian law set up by the UN Human Rights Council, and the public acknowledgement
by all parties to the conflict of the sheer loss that South Sudanese have experienced.
Participants also recognised, however, that there is need for tangible remedies and reparation
measures that will guarantee non-recurrence of conflict and related violations in future, such
as the Hybrid Court and constitutional and institutional reforms within the security and
justice sectors.
IV.
Security and political context
21.
H.E. Paulino Wanawilla Unango, Minister of Justice, Government of South Sudan,
observed that the prevailing security and political context in South Sudan has not been
conducive for the effective initiation of transitional justice. Although there has been a decline
in widespread armed fighting since the adoption of the R-ARCSS, there is still on-going
conflict and insecurity in parts of the country, including recruitment of local “youth” and
children, contrary to the permanent ceasefire agreements.
22.
South Sudanese human rights activists emphasised that civic and political space is
still severely constricted and South Sudan is essentially run as a police-state. Participants
additionally submitted that the Government has restricted dissemination of the peace
agreement, demonstrating its lack of political will to ensure citizens’ full and meaningful
participation in implementation of anticipated transitional justice and reform measures.
23.
The participants were informed by civil society organisations that they must seek
approval to assemble or conduct their civic activities from the National Security Service
(NSS), which operates as a fully-fledged military operating unit, contrary to its constitutional
function of collecting security intelligence. Civil society organisations supporting
accountability for serious crimes and violations are also targeted for surveillance, leading to
arbitrary arrests and detention in many cases. Victims and witnesses fear reprisal from
authorities if they were to report violations or seek justice. Therefore, they have shunned
formal judicial systems.
24.
Hon. Angelina Teny observed an overall lack of political will to uphold and
implement the agreements reached in the R-ARCSS. Critical political interventions
anticipated in the peace agreement, including establishment of the Transitional Unity
Government, had not been initiated at the time of the workshop, leading to heightened
anxiety and confusion among citizens on advancement of the R-ARCSS and its Chapter V
transitional justice measures. Japhet Bigeon from Amnesty International noted that there had
been strong resistance to justice and accountability measures from political actors, with some
expressing apprehension against the establishment of the Hybrid Court, which they perceive
to be a tool for regime change. Dr Lam Akol’s opinion was that, consequently, more attention
was given to the National Dialogue, which is widely viewed as a parallel process intended
to circumvent accountability mechanisms in the peace agreement.
25.
Deliberations at the workshop culminated in the following proposals for measures to
be taken by State and non-State actors to address the adverse security and political situation
in South Sudan:
IGAD
Address the linkages between regional
economic and political dimensions of the
conflict in South Sudan, which may explain the
disinterest of neighbouring countries in
supporting implementation of the peace
agreement.
Explore avenues to build trust and confidence
among political actors on the significance of
accountability processes
in
achieving
sustainable peace, national reconciliation, and
healing in South Sudan. The buy-in of the
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