A/HRC/40/CRP.1 necessary to building transparency, credibility and legitimacy and will go a long way to address the enormous mistrust among vulnerable groups towards the Government and other armed actors, whom they associate with having perpetrated gross violations of human rights and serious violations of humanitarian law.1443 Meaningful engagement of civil society is therefore paramount to provide for an independent oversight, while the involvement of other constituencies to create the ownership over the process. South Sudan is obliged to respect, protect, promote, and fulfil the human rights of all persons within its territory or under its control,1444 without discrimination. South Sudan must therefore ensure that victims’ rights to truth, justice, reparations and non-recurrence of violations are respected and realized. Chapter V of the ARCSS establishes a transitional justice framework for South Sudan in which criminal prosecutions is accompanied by other strategies of truth-seeking and investigations of past violations and reparations. This should be further accompanied by traditional, indigenous and religious approaches to justice and healing,1445 as well as institutional reforms in order to create an environment conducive to building democracy. Under international law, South Sudan has a duty to promptly and thoroughly investigate any allegations of gross human rights violations and serious violations of international humanitarian law, and to prosecute and punish those found responsible for these violations.1446 The UN Security Council, on a number of occasions stressed an urgent need to “end impunity in South Sudan and to hold accountable and bring to justice all perpetrators for violations of international humanitarian law and violations and abuses of human rights”1447 and emphasized its hope that the allegations would be dealt effectively by the transitional justice mechanisms. Similarly, the UN Security Council also expressed concerns about the delays in establishing the HCSS.1448 South Sudan must also ensure that victims are able to realize the right to an effective remedy. A number of human rights treaties and instruments refer to the right of victims to an effective remedy, including African Charter on Human and Peoples’ Rights, to which South Sudan is a State Party.1449 Moreover, as confirmed by the African Commission of Human Rights in Jawara v. The Gambia, remedies must be available, effective, and sufficient. 1450 The Maputo Protocol on the Rights of Women in African further requires South Sudan to take appropriate and effective measures to “establish mechanisms and accessible services for effective information, rehabilitation and reparation for victims of violence against women.”1451 The right to an effective remedy has two facets, namely the right to a fair trial 1443 See e.g., Witness 162, ERN D101222-D101225. In a complaint brought by Democratic Republic of Congo against Burundi, Rwanda and Uganda before the African Commission, the Commission considered the control exercised by the Respondent States and “Recommend[ed] that adequate reparations be paid, according to the appropriate ways to the Complainant State for and on behalf of the victims of the human rights by the armed forces of the Respondent States while the armed forces of the Respondent States were in effective control of the provinces of the Complainant State, which suffered these violations.” 227/99 Democratic Republic of Congo / Burundi, Rwanda, Uganda, 33rd Ordinary Session of the African Commission on Human and Peoples’ Rights, 29 May 2003, Meeting in Niger, Holding, p. 14. See also paras. 7, 72, 88, 90. 1445 Bassiouni, “Assessing Conflict Outcomes: Accountability and Impunity”, in M C Bassiouni (ed), The Pursuit of International Criminal Justice: A World Study on Conflicts, Victimization, and Post-Conflict Justice, Volume 1, (2010), at 5. 1446 See e.g. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, Article 7. The majority of international human rights treaties and other documents of international character contain provisions related to the right of victims to an effective remedy. International bodies have pronounced that the duty to genuinely investigate and prosecute gross human rights violations derives from the victims’ right to an effective remedy (e.g. IACtHR, Case of Trujillo Oroza v. Bolivia, Judgment, 27 February 2002, Series C No. 92, §99.). 1447 E.g. UN Security Council Resolution 2406 (2018), S/RES/2406, 15 March 2018, p. 3. 1448 UN Security Council Resolution 2406 (2018), S/RES/2406, 15 March 2018, p. 3. 1449 While the African Charter does not explicitly provide for the right to an effective remedy, the latter might be interpreted from two relevant provisions of the Charter. In this regard see Articles 7 and 26 of African [Banjul] Charter on Human and Peoples’ Rights 1982, CAB/LEG/67/3 rev. 5, 21 I.L.M. 58. 1450 African Commission on Human and Peoples’ Rights, Jawara v. The Gambia, May 11, 2000, No. 147/95-149/96, § 32: “A remedy is considered available if the petitioner can pursue it without impediment, it is deemed effective if it offers a prospect of success, and it is found sufficient if it is capable of redressing the complaint.” 1451 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, Article 4(2)(f). 1444 179