A/HRC/40/69 to gross violations of human rights and serious violations of international humanitarian law, the amnesty raised serious concerns as it remained incompatible with the obligations of South Sudan under international law. Amnesties do not constitute a bar from prosecution before the hybrid court for South Sudan. Transitional justice 111. In 2018, the Revitalized Agreement reaffirmed the commitment to the transitional justice framework adopted in the 2015 Agreement. The framework reflects a holistic approach, emphasizing transformative goals to which accountability, truth-telling, reparations and processes of reconciliation and healing contribute. However, the hybrid court for South Sudan, the commission for truth, reconciliation and healing and the compensation and reparation authority, which are to be complemented by customary and other community-centred mechanisms, are yet to be established. Although the Peace and Security Council of the African Union endorsed the hybrid court in September 2015, in line with the recommendations of the African Union Commission of Inquiry on South Sudan, little progress in setting up transitional justice institutions has been made since then. Revitalized agreement 112. The Revitalized Agreement introduces new implementation timelines for the transitional justice mechanisms, to be established from May 2019. Women’s participation in the mechanisms must now meet the 35-per-cent general threshold of the 2015 Agreement. A gender perspective in the implementation of the transitional justice framework will be essential to account for the different experiences and needs of men and women as a result of the conflict. The women and girls of South Sudan have faced discrimination and disadvantage as well as economic and political marginalization, exacerbated during the conflict through unspeakable levels of violence against them, including sexual and genderbased violence. The special status of women and girls must be assured in the design and implementation process, especially with respect to reparations. 113. Concerns about new provisions of the Revitalized Agreement include the sole power granted to the Government to select national commissioners for the commission for truth, reconciliation and healing, and the suggestion that, following investigations, the hybrid court should prosecute only “where necessary”. Furthermore, the Government states that the three mechanisms can be set up only once national legislation has been enacted. The Government should enact the legislation forthwith, ensuring that the process is credible, transparent, inclusive and consultative. 114. The African Commission on Human and Peoples’ Rights indicated that it would activate its role under the Revitalized Agreement in monitoring and reporting on new human rights issues in South Sudan, and deepen its collaboration with other African Union and United Nations human rights and peace and security bodies, including this Commission. All entities assigned specific roles in the 2015 Agreement, particularly the Intergovernmental Authority on Development and the African Union, must discharge their obligations towards the people of South Sudan. The hybrid court for South Sudan 115. The process of establishing the hybrid court for South Sudan has stalled. Lack of political will and uncertainty about the future of government contributed to this. Officials continued to cite two undisclosed outstanding issues preventing the completion of the memorandum of understanding to establish the court. The hybrid court will have primacy over domestic courts and will likely focus on emblematic cases and high-level perpetrators. The national justice and legal system must be strengthened in order to play its complementary role, and national prosecutorial policy must be developed. This process would bolster the confidence of the public in justice and in State institutions generally. Commission for truth, reconciliation and healing 116. Despite official efforts to hold consultations on the commission for truth, reconciliation and healing, a recent survey by the South Sudan Civil Society Forum found 15