A/HRC/45/CRP.4 cattle raiding, clashes, and revenge killings, particularly in conflict intensive areas8 such as in the Western Bahr el Ghazal,9 Warrap, Lakes, Unity,10 and Jonglei States.11 In Central Equatoria, there have been on-going clashes between members of the National Salvation Front (NAS) – one of the parties that rejected the R-ARCSS – and allied Government and opposition forces.The localised conflicts are fuelled by the struggle for political dominance along ethnic,12 tribal and sub-clan lines;13 prolonged absence of State authority at the regional level; disregard for the rule of law; proliferation of light and heavy weaponry; and the State’s failure to establish and encourage a shared national identity.14 12. Moreover, the Commission has established that the attacks merely presented as cattle raiding are in fact highly politicised and systematically orchestrated, often involving organised armed militia groups under the command and control of the main parties to the conflict, including the South Sudan People’s Defence Forces (SSPDF) and members of armed opposition groups. The Commission received information that members of Government forces are arming community militias with weapons,15 including AK-47 assault rifles, rocket-propelled grenades, and PK machine guns, to carry out brutal attacks against neighbouring communities, often during periods of cattle migration. 16 The prevailing situation confirms that the on-going violence in South Sudan is not only criminal but also politically steered by a constituency that is bound and motivated by the need to hold onto power, and to harness and access state resources. 13. The localised violence has been perpetrated through gruesome killings and physical assault and injuries aimed at terrorising targeted communities, and resulting in displacement of hundreds of thousands of South Sudanese from their homes. Sexual violence has also been used strategically by perpetrators engaged in systematic rape, sexual slavery, forced prostitution, forced pregnancy, enforced sterilisation, and other forms of sexual violence, committed in a calculated manner to punish, terrorise, and destroy individuals and communities. This situation is exacerbated by weak laws and lack of protection of women’s rights, lack of accountability against perpetrators, inadequate data collection and reporting on sexual and gender-based violence, proliferation of small arms and light weapons in contravention of the arms embargo and sanctions, and marginalisation of women in political institutions of governance and transitional justice discourses. 14. Perpetrators of these heinous crimes are emboldened by the belief that there will be no consequences. Furthermore, crimes go unreported because citizens have no faith that anything will ever be done, or worse [that] they will be attacked again for speaking out. Impetus for Transitional Justice in South Sudan 15. The contribution of transitional justice to South Sudan’s political transition is critical. Transitional justice is understood as a range of measures and processes aimed at addressing legacies of systematic and largescale violations of human rights and international humanitarian law in the aftermath of conflict. While transitional justice has convergence with other reconstruction, peacebuilding, and development interventions, it is most directly focused on the restoration, protection, and promotion of human rights for individuals and communities who have been affected during conflict. At its core, therefore, transitional justice is a transformative process contributing to the reconstruction of the fabric of society torn apart by conflict. For South Sudan, all the aims of transitional justice measures including ERN 103303 – 103309; ERN 102974 – 102977; ERN 102978 – 102981; ERN 102982 – 102985. ERN 103249 – 103254. ERN 102675 - 102679, para.6; Confidential Meeting, 22 September 2019. ERN 103249 – 103254. ERN 102632 – 102652, para. 711; Confidential Meeting, 22 September 2019. ERN 102632 – 102652, para. 7. See also, Confidential Source D120939 – D120948; D120949 - D120950. 10 ERN 103303 – 103309, para. 4; ERN 102974 – 102977, paras. 7-8; ERN 102978 – 102981, para. 5; ERN 102982 – 102985, paras. 8 and 10. 11 ERN 103303 – 103309, para. 4. D121371 – D121371 is a list of persons killed by community violence in “Northern Liech State”, 29 May 2019. ERN 102889 – 102893, para. 7. ERN 103234 – 103239, para. 12. ERN 102889 – 102893. 12 D120955 – D120956. 13 See, e.g., a plan to create Dinka domination in South Sudan that goes as far back as 2015. D120951 – D120954. 14 See, e.g., a confidential letter that says it is the SSNSS arming groups. D120957 – D120960 and D120961 – D120969. 15 See, e.g., D120984 – D120992 which states that SSPDF Division 3 was providing arms to civilians. 16 See statement by Commission on Human Rights in South Sudan, 20 February 2020, available at https://www.ohchr.org/EN/HRBodies/HRC/Pages/NewsDetail.aspx?NewsID=25582 8 9 5