A/HRC/40/CRP.1 3. a) Adapting Transitional Justice Responses Holistic Approach to Transitional Justice The Commission since the inception of its mandate has supported the call for a holistic approach to the pursuit of accountability, justice, truth, reconciliation and healing which ensures that transitional justice mechanisms are sensitive to how best to serve the needs of South Sudanese society in its diversity and to address the particular manifestations and adverse impacts of the conflict on society. Accordingly, in its work the Commission has emphasised the importance of implementing all aspects of the transitional justice framework adopted in the Chapter V of the peace agreements, with the fullest engagement of the South Sudanese people in the processes. In this connection, the Commission notes the communiqué and decisions1508 of the Peace and Security Council of the African Union (PSC), which met at the level of heads of state and government in September 2015 (shortly after the signing of the ARCSS), and endorsed Chapter V of the Agreement as well as the recommendations of the Obasanjo Report. Drawing on the principles of the Constitutive Act of the African Union, 1509 the PSC directed the AU Commission to take all the steps necessary to establish the Hybrid Court and also to support the implementation within South Sudan of the other transitional justice mechanisms adopted by the ARCSS. The heads of state also underscored the need to ensure genuine ownership of the transitional justice processes by the South Sudanese people, so that they participate fully in the domestic transitional justice mechanisms, including in honouring the victims and seeking to repair the harm caused during the conflict. With its complex history diverse cultures and divided society, and with considerable resources and potential for prosperity, a holistic approach to transitional justice in South Sudan would contribute towards the much-needed recovery of this young nation. Consequently, it is imperative that South Sudanese in all their diversity are encouraged and facilitated to participate in the planned transitional justice mechanisms and thereby develop a full sense of ownership of these potentially transformative processes. b) Role of Customary Justice In highlighting in Communiqué 547 the important contribution traditional mechanisms can make towards the search for reconciliation and justice, the PSC was also reflecting the reality that South Sudan, like many African societies is deeply anchored in tradition. For many South Sudanese, ethnicity continues to determine their primary identity; defining their sense of belonging. Community ties are often very strong and accordingly, traditional institutions will inevitably continue to provide the main recourse of the population for justice and for addressing conflicts, inter-community rifts, and serving to adjudicate a wide range of issues especially personal relationships. It will therefore be necessary for South Sudanese communities to be active interlocutors and engage with the issues and processes of accountability and reconciliation, drawing on their customary mechanisms and laws, which are already formally recognised as a source of law by the national constitution.1510 Customary laws and practices are embedded within the community, draw on symbolism, stress acknowledgement of wrongdoing (and not amnesia), and emphasise reparations, including the payment of compensation. As envisaged in the R-ARCSS, they are capable of delivering justice and facilitating processes of reconciliation and healing, although they might need to be adjusted to bring them in line with principles of natural justice.1511 Concerns that such processes might exclude or disadvantage women participants are legitimate, and will need to be addressed. In this respect, the CTRH should, early in its mandate, develop a firm understanding of the contribution that customary institutions can make towards transitional justice, and make specific recommendations and provide guidance on how best to harness traditional 1508 African Union Peace and Security Council, Communiqué 547, PSC/AHG/COMM.1(DXXVII), 25 September 2015. The AU Peace and Security Council expressly referred to Article 4(o) of the Constitutive Act, concerning the total rejection of impunity. Communiqué 547, PSC/AHG/COMM.1(DXXVII), 25 September 2015, para. 15. 1510 Transitional Constitution (2011), Articles 5(c) and 122(1). 1511 R-ARCSS, Article 5.2.2.3.9. 1509 189