A/HRC/40/CRP.1
Structural inequalities, poverty and discrimination continue to obstruct access of women and
girls to justice and security as well as to transitional justice processes.
The Commission observes that the UNMISS SEA Database currently only includes
incidents of SEA involving UN peacekeeping personnel working in field missions. Data in
respect of incidents involving the personnel of ‘implementing partners’ i.e. UN agencies,
funds and programmes do not appear. This is likely to result in an under-count of SEA cases,
with the actual number of SEA incidents likely to be significantly higher.
The structure of the South Sudanese economy shifted in the post-independence period
from relying predominantly on agriculture to relying on oil. The armed conflict in South
Sudan has been driven primarily by the need to control the oil producing areas in Unity and
Upper Nile states, and has been a major driver of the continuing ethnic violence which has
led to enormous human suffering and the commission of gross human rights violations as
well as violations of international humanitarian law.
South Sudan’s oil industry has become overwhelmingly militarized and securitized
with the National Security Services having expanded their control and involvement in the oil
production and management. Key figures in South Sudan’s National Security Services play
a significant role in Nilepet, the state-owned national petroleum company. Nilepet continues
to play a significant role in the war economy and has been used by the South Sudanese
Government to channel oil money to militias and the security forces to finance the ongoing
conflict. As a private company, Nilepet is able to operate in near total secrecy and has
operated without any independent oversight of its commercial and financial activities.
After delays in implementing the transitional justice provisions of the ARCSS (2015)
the Revitalized Agreement (2018) has recommitted the parties to a transitional justice
framework, which in addition to the Hybrid Court, the Commission for Truth Justice and
Reconciliation, and the Compensation and Reparation Authority includes traditional
mechanisms. However, the Revitalized Agreement has also stipulated new timeframes for
the establishment of these mechanisms, commencing in May 2019.
The government has continued to express reservations about the cost of the
Compensation and Reparation Authority, considering that compensation would be
unaffordable. Yet, a holistic framework for reparations constitutes a broader concept than
individual financial compensation, encompassing collective and symbolic forms of repair,
which are equally important.
South Sudan is a diverse society in which ethnic communities continue to provide
identity and a sense of belonging for most citizens. Customary justice, which may manifest
many weaknesses, especially in relation to women’s rights and participation, is nevertheless
the mainstay for justice and adjudication for most South Sudanese. Moreover, the conflict
has often assumed ethnic dimensions which make traditional community mechanisms a
potential key component of the transitional justice response in South Sudan.
South Sudan’s leaders have not demonstrated sufficient consistency, commitment, or
cohesion in leading the efforts for dealing with the past. With new prospects for the
implementation of the Revitalized Agreement, there is an opportunity to mobilise effective
leadership and to allocate sufficient resources for achieving the goals of transitional justice.
The scale of violations and crimes committed during the course of the conflict
demands an urgent and holistic approach which involves all South Sudanese, including
forced migrants, in the pursuit of accountability, reconciliation and healing.
B. Recommendations
In light of the meetings, discussions and investigations the Commission as undertaken
in the course of this mandate as well as its findings set out in this report, it recommends:
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