A/HRC/40/CRP.1 Reconciliation cannot be prescribed, but conditions need to be created in which acts of reconciliation can be nurtured. The comprehensive implementation of ARCSS’s Chapter V transitional mechanisms coupled with inclusive, participatory and transparent consultations on the transitional justice processes will create an environment conducive for reconciliation. The role of civil society, local and customary authorities as well as faith-based organizations will also be crucial in ensuring that the idea of reconciliation is understood by South Sudanese and adapted in order to reflect their customs and beliefs. The Wunlit peace processes between the Dinka and the Nuer in the 1990s, which ended years of conflicts, are a good example of arguably successful community-led reconciliatory efforts that relied on traditional practices and engaged community, traditional and religious leaders. 1467 The slaughtering of a white bull was a symbolic act of peace and reconciliation, and was followed by the prayers.1468 The Panel of the Wise have noted that creating spaces for social and political contestation provides a basis for vibrant discourse on how to end the spate of impunity that has characterized most African countries. While sometimes reconciliation trumps justice in deeply divided societies, stable peace ultimately hinges on finding a judicious balance between the two objectives. Even where deeply divided countries have made short-term pragmatic concessions that privilege reconciliation and peace at the expense of justice, the purpose has ultimately been to strengthen institutions that diminish the persistence of impunity Under Article 1.4.3.3 of the R-ARCSS, during the Pre-Transitional Period, a “process of national healing and reconciliation that shall be led by the Parties, faith based groups and civil society groups inside and outside the Republic of South Sudan” shall be implemented.1469 However, the provision does not provide guidance or indicate the mechanisms by which these efforts would be undertaken. Apart from the ongoing National Dialogue process, which is pursuing a range of objectives including the furtherance of national healing, peace and reconciliation,1470 the Commission is not aware of specific efforts undertaken in the implementation of this provision. B. Transitional Justice Framework in South Sudan The Agreement on the Resolution of the Conflict in South Sudan was signed in August 2015, before, the AU-mandated Obasanjo Commission handed in their report. The ARCSS anticipated the outcome of the Obasanjo Commission and recommendations (in part as the report had been leaked), and provided that the Hybrid Court could draw on the report of the AU Commission of Inquiry, and other documents, reports and materials in AU’s possession.1471 But even before the signing of that Agreement, it was clear that both main parties, particularly the Government, had reservations, including on the establishment of the CRA. While no explicit reservations were formulated with regard to the HCSS or the lustration clause which excludes persons indicted by the Court from participating in government,1472 it became clear in the course of the Commission’s work that there has remained a reluctance on the side of the Government to move swiftly to establish the Court. 1. Impact of the Revitalized Agreement on the Chapter V Transitional Justice Institutions Chapter V of the R-ARCSS has almost wholly maintained the provisions of Chapter V of the 2015 text but has introduced a few noteworthy changes. A significant and positive addition is the requirement that in establishing the transitional justice institutions, the 1467 Kuyang Logo, Exploring Linkages of Traditional and Formal Mechanism of Justice and Reconciliation in South Sudan, 15 January 2018, p. 16. 1468 Kuyang Logo, Exploring Linkages of Traditional and Formal Mechanism of Justice and Reconciliation in South Sudan, 15 January 2018. 1469 R-ARCSS, Article 1.4.3.3. 1470 https://www.ssnationaldialogue.org/national-dialogue-objectives/. 1471 ACRSS, Chapter V, Article 3.6.1. 1472 ARCSS, Chapter V, Article 4, which has been carried over into the R-ARCSS, Article 5.5.1. 182