A/HRC/34/63
(h)
With regard to criminal justice accountability measures, extend its full
cooperation and support to the hybrid court for South Sudan by assisting its
investigations and complying with its rulings;
(i)
Support genuine national consultations, including through public
education programmes, so as to ensure informed participation by victims, women’s
groups and all stakeholders, and conduct a needs assessment to inform the
mechanisms designed to facilitate truth recovery, reparations, reconciliation and the
guarantee of non-recurrence;
(j)
Formulate the law establishing the commission on truth, reconciliation
and healing in accordance with comparative international best practices, building on
the provisions of the Agreement on the Resolution of the Conflict in the Republic of
South Sudan and taking into account the local context and resource constraints and
capacity in South Sudan. The legislation should specifically include provisions that
build substantive and procedural linkages between transitional justice institutions,
including the hybrid court;
(k)
Determine the mandate, functions and powers of the commission on
truth, reconciliation and healing, including the temporal mandate, through public
consultations in accordance with best international practices. The selection and
appointment of commission members should be conducted in an open and transparent
manner, with candidates subjected to an independent vetting and screening process so
as to ensure that they are independent, credible and non-partisan;
(l)
In the light of the deep injuries and trauma caused by the conflict, make
psychosocial support available for victims and witnesses from the commencement of
the process;
(m) Include in the mandate of the technical committee established by the
Government the establishment of a compensation and reparations authority, and
consult with victims and survivors before drafting legislation, which should provide
for compensation and reparations. Compensation should take not only loss of
property into account, but also losses arising from gross violations such as killings,
torture, sexual violence, abductions, forced displacement and enforced
disappearances.
2.
Non-State armed groups
94.
The Commission recommends that all non-State armed groups, including those
aligned with the opposition:
(a)
Cease hostilities immediately, conclude a permanent ceasefire, and
ensure the protection of civilians under their control, preventing human rights abuses;
(b)
Renew publicly their commitment to the full implementation of the
Agreement on the Resolution of the Conflict in the Republic of South Sudan, including
of the institutions envisaged in chapter V thereof;
(c)
Allow unfettered access to the United Nations, the International
Committee of the Red Cross, local human rights defenders and humanitarian workers
to areas under their control to enable them carry out their work in accordance with
international law and their respective mandate.
3.
United Nations and African Union
95.
Noting that Chapter VII of the Charter of the United Nations, article 4(h) of the
Constitutive Act of the African Union, and chapter V of the Agreement on the
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