A/HRC/43/56
(t)
Cease all interference in media and civil society activities, and ensure
freedom of expression and assembly;
(u)
Expedite the establishment of chapter V mechanisms without further
delay to achieve the holistic implementation of transitional justice;
(v)
Ensure that all serious violations and abuses are properly investigated,
that those responsible are prosecuted, and that victims are provided with effective
remedies;
(w)
Establish without further delay a commission for truth, reconciliation and
healing, ensuring effective and transparent consultations with South Sudanese
stakeholders and that the process of selection of commissioners is transparent and
credible;
(x)
Ensure that all South Sudanese, including women, young people, the
elderly, children, displaced persons and refugees, are consulted and included and
participate effectively in the design and implementation of the chapter V mechanisms;
(y)
Facilitate civil society engagement in raising awareness of transitional
justice mechanisms and promote advocacy for justice and accountability mechanisms
to enhance citizen’s knowledge and improve their participation in transitional justice
processes;
(z)
Adopt and promote a broad approach to reparations, including by
ensuring that at least 1 per cent of oil revenues are allocated to reparations, alongside
other non-monetary measures;
(aa) Provide victims and their families with adequate, prompt and effective
reparation and remedies, including the truth about the violations that have been
suffered and the fate or whereabouts of loved ones who disappeared while in the custody
of the State;
(bb) Ratify the Protocol to the African Charter on Human and Peoples’ Rights
on the Establishment of an African Court on Human and Peoples’ Rights and make a
declaration allowing for individual petition before the African Court on Human and
Peoples’ Rights;
(cc) Through national, regional and international mechanisms, take measures
and support the investigation and prosecution of all those most responsible for alleged
war crimes and crimes against humanity and other human rights violations in South
Sudan.
83.
The Commission recommends that Member States:
(a)
Monitor and implement the arms embargo linked to the ongoing national
conflict, including in Central Equatoria and Maiwut, and curb the supply of weapons
to warring parties;
(b)
Exercise their jurisdiction to hold perpetrators of violations and abuses of
human rights and violations of international humanitarian law to account;
(c)
Incorporate the starvation of civilians as a war crime in their respective
national legislation where they have not already done so.
84.
The Commission recommends that the African Union:
(a)
Encourage South Sudanese parties to resolve outstanding differences in
order to settle the conflict and ensure the timely formation of the Revitalized
Transitional Government of National Unity;
(b)
Engage with the Government of South Sudan and support it in taking the
steps necessary to establish the hybrid court and other transitional justice mechanisms
and processes, and establish a timeline for the process;
(c)
Make contingency preparations for unilaterally establishing a hybrid
court, in line with the decisions made by the Peace and Security Council, in the event
that the Government of South Sudan fails to meet the deadline to establish the Court;
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