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.
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