A/HRC/45/CRP.4
109. A survey conducted in 2014-15 found that 81 per cent of survivors agree that the
Government should provide compensation to victims of human rights violations and
abuses.83 40 per cent of the respondents believed that reparations should be individual, while
an equal number supported both collective and individual reparations.84 The same survey
also revealed significant support (61 per cent) for memorialisation initiatives as important
lessons for future generations, and to see reparations programmes expanded to provide a
reminder of the past. All of these needs can be addressed through a comprehensive
reparations programme.
110. Since the rationale for reparations programmes is to repair the harm caused by human
rights violations, restore civic trust in the state and its institutions, and ensure that citizens
are reinstated with full rights, it is critical for these programmes to be developed in
consultation with key stakeholders including the government, all political parties, civil
society, and victim groups. The Commission underlines that in implementing the transitional
justice agenda in South Sudan, victims and vulnerable communities especially women, the
internally displaced and refugees, are core stakeholders who must be included in the design
and implementation of such mechanisms. Victims in South Sudan have generally been
overlooked when it comes to seeking their views with regards to peace, truth, justice, and
reconciliation. They have never received any form of reparation for the harm suffered during
the conflict.
111. The Commission is of the view that priority should be given to building the
institutional and policy frameworks required for the smooth implementation of a long-term
reparations programme, as well as an interim reparations programme to address the
immediate needs of victims. Preliminary activities that could be undertaken towards a
sustainable reparations programme include mapping the potential universe of victims, as well
as the nature of harm suffered and the consequences, so as to inform planning and measures.
Nationwide consultations should be held with communities affected by the conflict as well
as individual victims which would assist to identify potential reparations measures.
Consultations should also be about process, including how to ensure that victims are
identified and informed of the reparations measures available, the procedures in place to
register victims, as well as evidentiary requirements which may apply once the process is
underway. This may prove challenging in the South Sudan context, given the scale of ethnic
and tribal divisions which will require sensitive context specific approaches, including
adequate capacity building.
112. With almost one-third of the South Sudan population displaced, there is also a large
risk that victims and communities living in the diaspora may be excluded from the reparation
process. Consultations with the internally displaced and refugee communities is therefore
critical to ensure that reparations programmes are designed in a targeted manner to reflect
their needs. Furthermore, given the staggering scale of sexual and gender-based violence in
the current conflict, and the lack of attention it has received from the authorities, it is
important to factor a gender-sensitive approach into all aspects of the design and
implementation of the reparations programme, including by ensuring that women are well
represented in the executive body of the Compensation and Reparations Authority.
113. Funding for reparations will require that the Government of South Sudan reprioritise
its spending on the military and security sectors to assist victims. Successful reparations
programmes across the world owe their success to the early identification of sustainable
funding mechanisms, which include the establishment of a victims’ trust fund drawn from a
national budget on an annual basis. This requires political commitment as well as national
ownership. If funding is not secured or appropriated at the outset of any transitional justice
programme, any discussion of reparations risks raising unreasonable expectations and
undermining reconciliation amongst victims and survivors.
114. Notwithstanding the vast amount of resources that have been spent on conflict, and
the many other financial demands of setting up the Transitional Government, the R-TGoNU
must nevertheless recognise reparations as an integral part of its obligations during the
transition, and allocate commensurate resources that will represent societal solidarity and
83
84
South Sudan Law Society, Search for a New Beginning, fn. 14.
Ibid., at p. 54 of the survey.
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