A/HRC/45/CRP.4 political actors from accountability for conflict-related violations.33 Yet, as coverage of its consultations, and indeed the findings published by the National Dialogue Steering Committee indicate, many of those citizens who engaged with the process were in fact quite openly critical of the leadership weaknesses within the political system in South Sudan. During a consultative conference with religious leaders held in Juba in November 2019, a number of faith based institutions, whilst pledging support to the National Dialogue process, still called for the immediate establishment of the CTRH.34 Civil society organisations also raised concerns about the inclusivity and transparency of the dialogue process during its Steering Committee’s plenary session in December 2019.35 46. Of great concern is the lack of participation of many South Sudanese refugees who have rejected the National Dialogue, with some in Ethiopia and Uganda commenting on the inappropriateness of the timing of the process. Members of the National Dialogue Steering Committee who visited refugee camps themselves confirmed to the Commission that refugees had declined to engage with them.36 47. The dialogue process has also failed to garner the support and participation of opposition parties and opposition groups who continue to cite the lack of consultations prior to its establishment, as well as the lack of inclusivity, transparency, impartiality, insecurity, and logistical issues such as inappropriate venues and implementation modalities. 37 48. Furthermore, on-going clashes between Government and opposition forces, and intercommunal violence in South Sudan also limited the effective participation of citizens in the affected areas, with some fearing reprisals for their involvement in the dialogue. As a result, the National Dialogue Steering Committee reported low attendance in the dialogue forums.38 49. Failure to address the foregoing concerns is likely to result in a skewed outcome of the dialogue process that would inevitably perpetuate the exclusion of conflict-affected communities already facing marginalisation, and cause increased mistrust of state-driven consultations, truth-seeking, reconciliation, and other transitional justice processes among citizens. 50. Moreover, while the National Dialogue process has the potential to make a significant contribution to addressing historical and underlying grievances that have continuously fuelled conflict in South Sudan, the R-TGoNU should exercise great caution to ensure that it does not undermine the mechanisms which were adopted under Chapter V of the ARCSS and R-ARCSS, which take precedence in the pursuit of truth, justice, reparation, and the preventive aims of transitional justice. Impunity for serious violations of human rights and international humanitarian law 51. A lack of accountability for gross human rights violations and abuses, serious violations of international humanitarian law, and related international crimes continues to characterise the human rights situation in South Sudan. The persistent failure to address past violations has been the key driver of violence in South Sudan. Information gathered by the Commission during the past year alone reconfirms once more that impunity in South Sudan remains deeply entrenched and that victims of gross human rights violations, serious violations of international humanitarian law, and related crimes continue to be denied their rights to remedy and reparations. A profound lack of political will to hold warring parties accountable for crimes including rape and torture has allowed for widespread impunity. 52. Largely in response to international and national pressure, the Government of South Sudan has occasionally been compelled to set up a series of commissions of inquiry to investigate mostly high-profile issues and cases, including into the December 2013 clashes 33 Confidential meeting, 6 February 2020. UNMISS Daily Sitrep – 23 November 2019. 35 UNMISS Daily Sitrep – 4 December 2019. 36 Commission meeting with Members of the National Steering Committee,14 December 2017. 37 See ACCORD, Conflict Trends 2018/1, The National Dialogue Initiative in South Sudan, by Clayton Hazvinei Vhumbunu, An assessment of progress made and challenges faced by South Sudan’s National Dialogue Initiative to reconcile intercommunal violence, available at https://www.accord.org.za/conflict-trends/the-national-dialogue-initiative-in-south-sudan. 38 Ibid. 34 11