A/HRC/45/CRP.4
not hesitate to lend explicit support based on its regional mandate to advance transitional
justice in South Sudan.
V.
Supporting Truth, Reconciliation and Healing in South
Sudan
43.
Chapter V of the R-ARCSS envisages the establishment of a Commission on Truth,
Reconciliation, and Healing (CTRH) to inquire into and establish an accurate and impartial
historical record of human rights violations and abuses, breaches of the rule of law, and
excessive abuses of power committed by State and non-State actors and/or their agents and
allies from the date of signing the Agreement to July 2005. The R-ARCSS requires the RTGoNU to promulgate legislation to define the mandate, jurisdiction, operations, and
selection of members of the CTRH within three months of its formation. To this end, the
Ministry of Justice & Constitutional Affairs, in collaboration with other stakeholders and
civil society, is obligated to conduct public consultations at least one month prior to
establishment of the CTRH, to ensure that the experiences of all key segments of South
Sudan’s population, including women, men, and children, are sufficiently documented and
incorporated in the legislation creating the CTRH.
National Consultations on Establishment of the CTRH88
44.
Mr. Lawrence Kamilo, an officer with the Ministry of Justice and in his presentation,
informed participants that, in December 2016, the Ministry of Justice and Constitutional
Affairs established a Technical Committee, consisting of State and non-State actors, to lead
national consultations on the creation of the CTRH. Members of the Technical Committee
received training from various partners and experts on ensuring a human-rights based and
victim-centred approach to the national consultations, and lessons drawn from comparative
truth-seeking experiences in other transitioning/post-conflict countries. The Committee
received support from the UNDP to undertake national sensitisation and consultations. The
sensitisation programme was rolled out in 2017 to establish rapport with members of the
public and provide them with an opportunity to share their views with the Committee.
45.
Subsequently, the Committee carried out national consultations between May and
June 2018. The table below demonstrates the activities, methodology, and findings of the
national consultations of the Technical Committee:
Activity
Due to the volatile security
situation resulting from on-going
conflict in some parts of the
country, the Technical Committee,
with support from UNMISS,
conducted a mapping to identify
accessible areas.
Methodology
28 members of the Committee
were divided to conduct
consultations across 17 locations,
including, Bor, Aweil, Malakal,
Kuajok, Rumbek, Renk, Torit,
Yambio, Wau, Leer, Bentiu,
Mundri, and Yei etc.
The Committee consulted a total
of 4610 respondents, including
1929 women.
Consultations were conducted
through targeted and separate
meetings to gain insight on the
experiences and perspectives of
88
Finding
UNMISS confirmed that there
were no security concerns
reported and the environment was
generally open in all the areas
where the sensitization and
consultations took place. Only one
location had NSS presence in the
building where the consultations
were being conducted. Committee
members were not able to visit
refugee settlements outside of
South Sudan.
There is a desire for the creation
of a CTRH with a broad mandate;
some respondents stated that they
would like to see prosecutions for
See https://reliefweb.int/report/south-sudan/undp-supports-government-s-public-sensitization-efforts-establishment-commission;
https://www.ss.undp.org/content/south_sudan/en/home/presscenter/pressreleases/2017/08/25/technical-committee-for-thecommission-for-truth-reconciliation-and-healing-completes-training-in-conducting-inclusive-consultations.html; and
https://www.ss.undp.org/content/south_sudan/en/home/presscenter/pressreleases/2018/ministry-of-justice-and-constitutional-affairslaunches-consulta.html.
36
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