A/HRC/45/CRP.4 of the AU on progress of implementation of the R-ARCSS. The Commission has received information that the African Union Commission conducted internal expert consultations in 2019 on the implementation of the Hybrid Court.29 41. In addition, the AU’s broad mandate to promote regional peace and security and protection of fundamental rights enshrined in the African Charter on Human and Peoples’ Rights, provides a further basis for its sustained engagement with the Government of South Sudan in implementation of the peace agreement. More specifically, the African Commission on Human and Peoples’ Rights Study on Transitional Justice and the AU’s recently launched Transitional Justice Policy provide important bases for the AU’s support toward realisation of transitional justice in South Sudan. Significantly, the Transitional Justice Policy mandates the AU to exercise political oversight over all transitional justice processes initiated across the African continent. 42. Stakeholders however have expressed concerns that the AU’s engagement on implementation of the R-ARCSS has, thus far, been mostly one-sided, with a primary focus on the Government of South Sudan. They noted, for instance, that there had been little to no consultation with local civil society actors and victims on the draft Statute of the Hybrid Court. Moreover, there was a general sense of frustration among key stakeholders on the lack of apparent action or position taken by the AU on the Government of South Sudan’s delay in signing the MoU and adoption of the Statute for establishment of the Hybrid Court. This feeling seems to stem from the belief of key actors and affected communities that the AU would play a more prominent role in pushing for implementation of the R-ARCSS by all parties. It was felt that, while the Government of South Sudan’s co-operation is necessary for establishment of the Court, the AU should strongly consider alternative measures within its broader regional mandate, given the Government’s manifest lack of political will to end impunity for serious crimes in South Sudan.30 43. The lack of political will to address justice and accountability is apparent in the political establishment in South Sudan. The Commission considers, however, that more robust diplomatic engagement is necessary, not only from the African Union, but from the range of international and regional stakeholders, including IGAD and key regional governments that should encourage and support the Government of South Sudan to abide by the totality of its transitional justice commitments in a meaningful and timely manner. National Dialogue 44. President Kiir established a National Dialogue process in December 2016 that was ostensibly intended to collect the views of South Sudanese on conflict resolution and related political, economic, and social concerns, which will eventually be submitted to a national healing and reconciliation process. 31 The National Dialogue Steering Committee (NDSC) gathered and analysed information from both within and outside of South Sudan in preparation for a national conference that was scheduled to take place in March 2020, but has since been postponed, initially due to the President’s unavailability to preside over it and subsequently, as a result of the COVID-19 pandemic.32 45. The timing and manner in which the National Dialogue was established created considerable concern leading to its rejection by some South Sudanese stakeholders, notably the opposition. Notably, the establishment of the dialogue process occurred via presidential decree, while South Sudan was still in conflict, causing profound cynicism among many South Sudanese who are concerned that it may have been designed as a cover to shield 29 Confidential Meeting, 17 December 2019. Confidential meeting, 7 December 2018; Confidential meeting 10 October 2018; Confidential meeting, 28 August 2018; Confidential meeting 4 December 2018; and consultations with stakeholders at the Commission’s transitional justice workshop in December 2019. 31 See Speech of President Salva Kiir announcing commencement of the National Dialogue on 14 December 2016, available at https://paanluelwel2011.files.wordpress.com/2016/12/president-kiir-address-to-the-nation-the-call-for-national-dialogue-initiative-insouth-sudan.pdf and South Sudan National Dialogue Objectives, available at https://www.ssnationaldialogue.org/national-dialogueobjectives. 32 South Sudan National Dialogue Press Release, available at https://www.ssnationaldialogue.org/press-release/national-dialogueconference-postponement-later-date. 30 10