A/HRC/40/CRP.1 the renewed commitment to transitional justice is to be welcomed, the Commission is of the view that the process in establishing the transitional justice institutions must be transparent, inclusive and participatory, arising from consultations with all the relevant stakeholders, in particular victims and the communities. The new transitional government of South Sudan must also demonstrate political will to deal meaningfully with the past, including addressing impunity. Impunity is a manifestation of the absence of institutions that promote pluralism, participation, impartiality, accountability, and fairness.1432 The government of South Sudan needs to send a clear message to the people of South Sudan, the victims and other stakeholders that conflict transformation is not merely cosmetic but is of a profound nature, requiring justice and accountability for the violations and crimes committed. In October 2015, the AU released the Final Report of the Commission of Inquiry on South Sudan, also known as “Obasanjo Report”, which found that the warring parties in South Sudan had committed gross human rights violations and war crimes.1433 The Obasanjo Report recommended creating an AU-led process to bring those with the greatest responsibility for the atrocities to account. Ultimately, the ARCSS provided for the establishment of the HCSS by the AU Commission, and in September 2015 the AU Peace and Security Council made a decision mandating the AU Commission to establish the HCSS. This Commission notes with concern the stagnation of the negotiations between the AU and the Government, and a lack of major progress since 2017 regarding the establishment of HCSS. The Commission calls upon the Government to engage meaningfully and genuinely in the process of negotiations. The Commission notes that the lack of accountability for decades of violence during the struggle for independence from Sudan has helped to fuel the current conflict in South Sudan. Since December 2013, tens of thousands of civilians have been killed in horrific attacks, often targeted on the basis of their ethnicity or perceived allegiances. Despite some past attempts by the Government to hold perpetrators to account for gross violations of human rights and serious violations of international humanitarian law, including the emblematic and the only case of this kind, Terrain Hotel case.1434 Pervasive impunity has been part of the daily lives of the majority of South Sudanese. The reports of senior officials being promoted despite serious and substantial allegations of human rights violations 1435 have given rise to further concerns over the Government’s genuine commitment to deal with the past.1436 The Commission urges the prompt establishment of the HCSS as per the terms of R-ARCSS, and development of a national prosecutorial strategy that must take account of the said HCSS, domestic statutory and customary law and courts, as well as alternative forms of justice, including indigenous and traditional processes. The Commission further calls on the Government to consider introducing the screening and vetting of security personnel, in particular the military and the police, in accordance with principles of due process. Chapter V of R-ARCSS clearly envisages a role for customary, indigenous and traditional practices in the process of transitional justice in South Sudan, and therefore gives to the CTRH a supervisory function over such mechanisms. 1437 These customs and traditions, in line with the values of the African Charter on Human and People’s Rights, can play a complementary role to the current mechanisms for truth seeking and reparations by further promoting accountability. 1438 They can also play a significant role in the process of reconciliation in ways which are relevant and meaningful at a local context. In December 2016, the Government launched a National Dialogue spearheaded by President Kiir, an initiative many observers considered a way to deviate attention from the failure of the Government to implement the Commission on Truth, Healing and Reconciliation and the Compensation and Reparation Authority as well as their delay in cooperating with the African Union to establish the Hybrid Court. While the National 1432 AU Panel of the Wise, Peace, Justice and Reconciliation in Africa: Opportunities and Challenges in the Fight Against Impunity, Report of the AU Panel of the Wise, International Peace Institute, Africa Union Series, February 2013. 1433 African Union, Final Report of the African Union Commission of Inquiry on South Sudan, Addis Ababa, 15 October 2014. 1434 See below “Terrain Trial” section (section VIII(D)(8)). 1435 See e.g., sections above “Targeted Sanctions and Arms Embargo” (section IV(A)(3)). 1436 See discussion on Accountability below (section VIII(C)). 1437 R-ARCSS, Article 5.2.2.3.9. 1438 Bassiouni, M.C., “Assessing Conflict Outcomes: Accountability and Impunity”, in M.C. Bassiouni, The Pursuit of International Criminal Justice: A World Study on Conflicts, Victimization, and Post-Conflict Justice, Volume 1, Intersentia, 2010. 177