A/HRC/34/63 against them and been a source for structural violence against women. The commission for truth, reconciliation and healing and the compensation and reparations authority could be excellent vehicles to advance the rights of girls and women through legal and institutional reform, improving their status in society at all levels. In the view of the Commission, the technical committee should ensure that a gender perspective is incorporated into the legislation establishing both the commission for truth, reconciliation and healing and the compensation and reparations authority. D. Proposed national dialogue 75. On 14 December 2016, President Salva Kiir announced the launch of a national dialogue as both “a forum and a process through which the people of South Sudan shall gather to redefine the basis of their unity as it relates to nationhood, redefine citizenship and belonging, restructure the State and renegotiate social contracts and membership in the world of nations.” The proposal envisages three phases of consultation, from local to the national levels, for settling broad political, social and cultural grievances and intercommunal conflicts, to achieve “peace, healing and reconciliation”. 76. While the Government suggests that the national dialogue is situated within the framework of the Agreement on the Resolution of the Conflict in the Republic of South Sudan and is not intended to contravene its terms, it could lead to potential overlap with the commission for truth, reconciliation and healing. Furthermore, observers and stakeholders argue that, to have any chance of success, any consultation, dialogue or truth-seeking process must be truly inclusive of all political, ethnic and social groups and be fully transparent and credible; serious doubts persist about whether this, however, can be accomplished in the current political context. According to President Kiir, the national dialogue should be seen as credible, genuine and open to all the people of South Sudan, adding that “the Government will not lead or control the process”. Given however that the President has designated himself the “patron” of the dialogue and has also appointed the members of its steering committee, it is not surprising that the initiative has been roundly criticized. Led by a steering committee whose members have been appointed directly by the President and which excludes other ethnic groups, including armed groups and opposition, the national dialogue would appear to have little chance of success. 77. While President Kiir has stated that his Government will guarantee the safety and freedom of participants in the national dialogue, including those who are currently out of the country, the fears expressed by many amid the continuing government crackdowns on the media and on freedom of speech and of association, including the closing of media houses, the murder of journalists and the indefinite detention of activists and others without charge or due process, give cause for concern. E. The way forward 78. South Sudan, like many countries emerging from periods of protracted conflict, has to confront the political challenge of holding perpetrators to account. One major difficulty is that alleged perpetrators occupy senior political and military positions in the post-conflict State. Under international law, the State has the primary obligation to investigate and prosecute those individuals responsible for human rights violations and abuses and for violations of international humanitarian law. In the case of South Sudan, the African Union is tasked with the responsibility for establishing a hybrid court for South Sudan and has indicated its intention to sign a cooperation agreement with the Government on matters relating to the court. 16

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