A/HRC/40/CRP.1
education and awareness raising and regularly inform and involve the people of South Sudan,
and engage with youth and women concerning its work, and to inform its understanding of
the extent and pattern of past violations, their causes and consequences, as well as possible
ways of preventing recurrence of conflict, abuses and violations in South Sudan.1488 As with
the HCSS, progress towards the establishment of the CTRH slackened considerably.
A technical committee created by the government to support sensitization activities
and awareness raising about the CTRH barely managed to conduct a few rounds of
consultations on the legislation for establishing the CTRH, some of which took place in
refugee camps in neighbouring Ethiopia, Sudan and Kenya. Whilst many participants were
able to express their opinions freely, others complained about challenges such as insufficient
sensitization prior to the consultation and a lack of genuine commitment by the Government.
Most internally displaced persons were also reluctant to participate in the process,
questioning the timing, relevance and credibility of the process. The Commission has
informed the government of its readiness to provide technical support for developing the
legislative framework for the CTRH.
Under the R-ARCSS, the timeframe for the promulgation of the legislation to establish
the CTRH has been reduced from six to three months after the formation of the revitalized
Transitional Government. While this might have been in order to align its establishment with
the HCSS, it is difficult to imagine how this target will be met given that the government
failed to make progress under the more generous timeframes of the ARCSS. Neither would
it be appropriate to rush legislation and appointments to the CTRH at the expense of thorough
consultations, credibility of the commission and integrity of commissioners.
Because truth-telling is critical for the process of a society’s recovery from conflict or
repression from the early stages of post conflict transitions, the timely establishment of the
CTRH by the R-TGoNU remains imperative. It will provide an important forum for reflecting
on the past and will help to build a reliable body of information towards meeting transitional
justice goals. In particular, the contextual and factual analysis of violations as established by
the commission can contribute to criminal accountability efforts, while recommendations on
institutional reforms and reparations can serve as a significant advocacy tool and can generate
pressure on the government to act. Of the three Chapter V institutions, the process for the
establishment of the CTRH will require the most inclusive participation of stakeholders in its
formation, including in the selection of commissioners.
The preparatory process will however require sufficient time, likely beyond the
stipulated three months, to enable country-wide consultations, outreach and sensitization
efforts. As many South Sudanese will continue to live under conditions of forced migration
for the foreseeable future, appropriate arrangements should also be made to ensure that
displaced persons and refugees are also consulted and can participate in the processes of the
CTRH. The scale of the challenge of sensitization is illustrated by a recent survey conducted
by the South Sudan Civil Society Forum on the revitalized peace process and its outcomes,
which suggests that the South Sudanese public still has a limited knowledge and
understanding of the transitional justice processes in the R-ARCSS. Only 33 percent of
respondents had heard of the CTRH.1489
The CTRH commissioners will be selected by the R-TGoNU, including in
consultation with the AU and the UN. Given the deep political divisions in South Sudan, it
is imperative for the legitimacy of the CTRH that the processes are transparent and based on
objective criteria. Consultations should include a broad, fair and balanced representation of
opposition groups, civil society, women’s groups, religious organizations and other sections
of society. The consultative model has been adopted in the selection of commissioners in
1488
1489
R-ARCSS, Article 5.2.2.3.
See South Sudan Civil Society Forum, “Revitalizing Peace in South Sudan: Citizen Perception of the Peace Process”,
27 November 2018, p. 29.
185
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