A/HRC/40/CRP.1
mechanisms in the immediate and long-term towards the range of goals of the transitional
justice framework.
c)
Transitional Justice and Forced Migration
The Commission has consistently heard from refugees and displaced persons that they
do not want to be left out of the genuine transitional justice mechanisms. However, refugees
and displaced persons, especially residents of the PoC sites within South Sudan, will often
be deeply distrustful of the national authorities and other communities who might have
caused them harm. They also reflect the deep polarisation of South Sudanese society. Forced
migrants are key stakeholders whose needs for justice, reconciliation, reparation and healing
need to be effectively addressed, so that they are not left behind as the envisaged national
processes unfold.
Many individuals and families who have been driven from their lands and homes, will
find on return that their properties have been taken over by others. Their return therefore
needs to carefully managed and supported in order to allow the rightful owners to either
repossess their properties or to receive due compensation.
d)
Imperative Need for Partnerships
The transitional justice processes provided for under the R-ARCSS are complex and
will place significant demands on the leadership and resources of South Sudan. The
R-ARCCS has retained the requirement in the 2015 Agreement for the Transitional
Government to fully cooperate with and seek the assistance of the AU, the UN and the
African Commission on Human and People’s Rights (ACHPR) in designing, implementing
an facilitating the work of the transitional justice mechanisms. The Commission met with the
ACHPR Commissioner having responsibility for South Sudan, who briefed the Commission
of the ACHPR’s intention to activate its formal role under the Revitalized Agreement and to
enhance its role in monitoring and reporting on emerging and new human rights issues South
Sudan. The ACHPR also intends to deepen its collaboration with other relevant human rights
and peace and security bodies of the AU and UN and pledged in this regard to cooperate with
this Commission.
4.
The National Dialogue
In December 2016, President Kiir initiated a National Dialogue process aiming to
promote national unity and reconciliation. 1512 At the time that the National Dialogue was
announced, the country was still reeling from the events of July 2016 and the renewed
conflict. It was therefore inevitable that the process would attract deep scepticism from
sections of South Sudanese society particularly, displaced persons, refugees and members
and supporters of armed groups. Inauspiciously, perhaps following the model of the Sudanese
National Dialogue, President Kiir declared himself the patron of the dialogue, a decision that
he later reversed in response to the criticism,1513 leaving the leadership to a steering committee
of eminent persons, perceived by many South Sudanese as largely sympathetic to the
government.
Despite the criticisms about the non-participation of significant sections of the South
Sudanese, the organisers of the National Dialogue strove to ensure that the consultations were
as free and candid as possible. The Dialogue managed to gather a wide range of views from
the public on the root causes of the conflict, and received surprisingly candid responses,
including submissions attributing blame to the government for the crisis in South Sudan.1514
In an effort to extend its reach as widely as possible, a subcommittee of the organisers also
visited several countries including Ethiopia, Kenya, Uganda and the Sudan to consult with
South Sudan refugees and the diaspora.1515 The committee indicated to the Commission in
December 2018 that there were only a handful of areas in South Sudan that they had not been
1512
www.ssnationaldialogue.org/national-dialogue-objectives/
VOA, “President No Longer Runs South Sudan National Dialogue”, 1 June 2017.
1514 Reports of the consultations are on the website of the National Dialogue Secretariat, and including for example: National
Dialogue Listens to Plight of Anyuak of Pochalla and Akobo, 27 March 2018, available at
https://www.ssnationaldialogue.org/news-item/national-dialogue-listens-plight-anyuak-pochalla-akobo/.
1515 National Dialogue, “Press Release: Media Briefing on Consultations in Uganda and Kenya”, 5 December 2017.
1513
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