A/HRC/43/56 violations, have instead been reappointed to higher political office without any form of accountability; one such individual had been identified in a UN report as bearing the greatest responsibility for grave violations, possibly amounting to war crimes, in southern Unity between April and May 2018. B. Transitional justice 89. Transitional justice in the context of South Sudan is critical and indispensable to achieving sustainable peace, national reconciliation and healing, and rebuilding the rule of law. Decades of violent conflict characterised by unspeakable violations combined with weak rule of law institutions have resulted in diminished security, lawlessness and a population sharply divided along ethnic lines. Immense political and social investment is therefore required to rebuild such a society and to achieve a durable peace where the rule of law is reestablished, gross human rights violations and abuses are addressed and measures of reconciliation and healing are prioritised. 90. Chapter V of the ARCSS, as reconfirmed by the R-ARCSS, lays down a holistic programme for achieving these goals. Their implementation will assist South Sudan to come to terms with the legacy of its past. However, the establishment of the three Chapter V transitional justice mechanisms has stalled in the face of a lack of political will on the part of the government, and the absence of decisive action by the African Union and regional actors. Delays in the formation of the R-TGoNU have been used as justification for holding up the establishment of the Hybrid Court, denying justice to South Sudanese victims. C. The Hybrid Court for South Sudan 91. The establishment of the Hybrid Court has been marked by delay and obstruction by the Government. The AU’s 2017 negotiations with the Government to establish the court ended in a stalemate, leaving the memorandum of understanding between the AU and the Government unsigned. Domestic legislation to operationalize the court was never adopted. Since the signing of the R-ARCSS, the government has contended that the Court must be formed by the R-TGoNU; but if the R-TGoNU continues to be delayed, the Commission takes the view that the AU Commission (AUC) and the incumbent TGoNU must establish the Court. Since both the ARCSS and R-ARCSS were designed to deliver transitional justice, the provisions on power-sharing should not be used to delay the activation of the justice or reconciliation mechanisms. If the incumbent TGoNU fails to cooperate, the AUC should consider establishing the Court as the Commission takes the view it has the legal authority to do so. The AUC could begin preparations, including by establishing an investigative mechanism to complement the collection and preservation of evidence, pending the full operationalization of the court. D. Commission for Truth, Reconciliation and Healing (CTRH) 92. While the government has pledged publicly to support the establishment of the CTRH, it has not committed the required resources. A technical committee created in 2017 to support sensitization activities and raise awareness about the CTHR conducted limited consultations across the country with minimal impact, leaving questions about the timing, relevance and credibility of the process. In order to achieve the goals of the process, all South Sudanese should be able to participate freely in the agreed processes for establishing the truth, understanding the causes of conflict and promoting reconciliation and healing. This requires a climate of freedom rather than the current environment of suppression of dissent and freedom of expression and assembly. While the country is still at war, and significant numbers of citizens remain displaced and exiled, an open and genuine reconciliation, healing and reconciliation processes would be difficult to achieve. It is imperative that the parties resolve outstanding differences preventing the total end of the conflict and the formation of the R-TGoNU. 44