A/HRC/45/CRP.4
various groups including women,
Internally Displaced Persons
(IDPs), faith-based groups,
academics, political parties, and
the business community. A
questionnaire was used to elicit
specific details from respondents
including on the mandate of the
CTRH and selection of
Commissioners.
violations, while others want
compensation and reparations for
loss of property and physical
injuries. Regarding the CTHR’s
operations, there were both
advocates for open as well as incamera proceedings. On the
composition of the CTRH,
participants noted that the
Commissioners should not include
individuals who have served in the
previous nor the current
Government. Others proposed that
credible individuals to lead the
CTRH process could include
religious leaders and South
Sudanese who have worked with
the United Nations and other
bodies perceived to be neutral or
competent on truth seeking and
reconciliation processes.
46.
The Technical Committee presented the outcome of the national consultations to the
Council of Ministers, which approved a budget of 25 million SSP for the truth-seeking
process. The next step is to present a bill for the establishment of the CTRH to the
Transitional National Legislative Assembly (TNLA). However, the process has stalled as the
required funds are yet to be released.
47.
Mr. Kamillo additionally informed participants that sensitisation and consultations
conducted by the Technical Committee are, thus far, the most concrete step taken by the
Interim Transitional Government of National Unity (I-TGoNU) to advance aspects of
Chapter V of the R-ARCSS, and particularly toward establishment of the CTRH.
48.
However, during deliberations, civil society participants felt that the consultations fell
short of the process envisaged in the R-ARCSS and expressed a number of concerns that are
likely to have considerable implications on the design of the CTRH legislation and
legitimacy of any resulting truth-seeking process.
The five main concerns were that:
•
The report of the outcome of the national consultations conducted by the Technical
Committee should be made public as a matter of priority. The failure to make the findings
public raises concerns about transparency in the development of the CTRH legislation and
the extent to which it will accurately incorporate the views of affected communities as
envisaged in the R-ARCSS. For instance, participants noted that from other assessments,
citizens feel strongly that the CTRH’s mandate should incorporate land issues, which, if not
addressed, could be a trigger for future violence.
•
The consultations conducted thus far have been partial, leaving out a significant proportion
of the affected population. When consultation took place, there was on-going conflict and
serious violations in certain parts of the country including Western Upper Nile, Southern
Unity, and Equatoria (Yei). Consequently, many of these areas were inaccessible, civilians
had fled to neighbouring countries, and there was a high level of mistrust of the Government
among the victims who were left behind. The Technical Committee ended up collecting
views only in Government-controlled areas and protection of civilian sites (PoCs).
•
Out of the three Chapter V mechanisms, the CTRH has the greatest potential to draw the
broad participation of South Sudanese people. It is, therefore, critical for the CTRH to ensure
widespread reach to victims and affected communities. Thus, further mapping is required to
ensure that the experiences of victims/survivors left out of the 2018 national consultations,
including in hitherto opposition-controlled areas, are obtained and considered in designing
the CTRH legislation. It will also be important to identify and collaborate with local actors
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents