A/HRC/40/CRP.1 by an independent and impartial court1452 and the right to reparations.1453 “The right to reparation shall cover all injuries suffered by victims; it shall include measures of restitution, compensation, rehabilitation, and satisfaction as provided by international law.” 1454 South Sudan is under obligation to ensure victims’ right to truth by establishing and promoting institutions, mechanisms and processes capable of facilitating the clarification of the relevant facts and examination of circumstances surrounding violations and abuses. 1455 Only a full account of events supported by a thorough analysis of the underlying root causes of the conflict will provide a vital safeguard against the recurrence of violations. 1456 Through their advisory function, truth commissions may also contribute to other transitional measures1457 by recommending institutional reforms or alleged perpetrators for prosecution. Disclosing facts about violations to a general public and drawing the patterns of violations acknowledges the atrocities and their root causes, and therefore supports the reinstatement of the rule of law, and ultimately leads to reconciliation and healing.1458 Truth commissions, in particular when properly mandated and conducted, can reveal wider patterns of abuse or structural injustice in a manner that trials are not designed to achieve. South Sudan has a duty to prevent the recurrence of gross violations of human rights and serious violations of international humanitarian law. The 2005 Updated Principles to Combat Impunity provide further guidance on the measures that States must undertake to ensure the non-recurrence of violations.1459 In addition, the framework developed by the former Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence categorizes measures that states typically undertake to ensure a non-recurrence of violations. Measures he identified include reforms within the security sector and judiciary, disbandment of parastatal and non-state armed forces, demobilization and social reintegration of children, an accession to or ratification of international treaties, legal and constitutional reforms, in particular repealing of discriminatory and abusive legislation. 1460 The Special Rapporteur also observes that actionable prevention policy cannot be achieved through ‘institutional engineering’ alone but also requires transformations in the societal sphere, particularly at the level of civil society, in the cultural sphere and in the sphere of individual dispositions. 1461 The Commission notes that transitional measures must not be designed and implemented in isolation from each other. Implementing just one type of transitional justice measure will not do justice in the wake of serious human rights violations. For these reasons, the Commission urges the Government to provide for a comprehensive implementation programme that is timely and responds to the need of victims and which ensures that the three transitional justice mechanisms are operationalized in a manner which is comprehensive and strategic, and mutually reinforcing of each other. Individuals and communities who have suffered the most harm should be at the centre of the design and implementation of any transitional justice programme. The design and implementation of the transitional justice framework must therefore apply a victim-centric approach throughout the process. Special account must be taken of women and girls, children, 1452 D. Shelton, Remedies in International Human Rights Law, 2nd ed. (2005), p. 7. See also European Court of Human Rights, M.S.S. v. Belgium and Greece, Judgment, January 21, 2011, No. 30696/09, §288. 1453 D. Shelton, Remedies in International Human Rights Law, 2nd ed. (2005), p. 7. 1454 Updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), 8 February 2005, Principle 34. 1455 Updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), 8 February 2005. 1456 See Updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), 8 February 2005, Principle 2. 1457 Updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), 8 February 2005, Principle 12. 1458 See UN Human Rights Council, Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-occurrence, Pablo de Greiff, A/HRC/24/42, 28 August 2013. 1459 Updated Set of principles for the protection and promotion of human rights through action to combat impunity, E/CN.4/2005/102/Add.1, 8 February 2005, Principles 35-38. 1460 See also, UN Human Rights Council, Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo de Greiff, A/HRC/30/42, 7 September 2015. 1461 UN Human Rights Council, Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo de Greiff, A/HRC/30/42, 7 September 2015; UN General Assembly, Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, A/72/523, 12 October 2017. 180

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