A/HRC/34/63 63. The timelines and milestones for the establishment of the hybrid court were removed from the final, signed peace agreement, leaving the entire process open-ended, with no deadlines; as a result, (few, if any) efforts were made to establish the court between August 2015 and the spring of 2016. Valuable time was lost, and possibly, important evidence of major war crimes and human rights abuses. The African Union informed the Commission that, as at early October 2016, it had managed to raise the funds to commence work on the establishment of the court. It also stated that its timeline for operationalizing the court was approximately three years (autumn of 2019), more than four years after the signing of the peace agreement. 64. The Office of Legal Counsel of the African Union Commission also informed the Commission that a draft statute and a memorandum of understanding for the establishment of the hybrid court had been submitted to the Government of South Sudan for its consideration. The Commission was informed by the Minister for Justice of South Sudan that the responsibility for the establishment of the court lay with the African Union. 65. A large number of non-governmental organizations have called for the establishment of an investigative mechanism before the hybrid court becomes fully operational, as well as the setting-up of a witness protection programme and a transparent and credible selection process for judges. On 20 January 2017, a coalition of civil society organizations engaged in transitional justice initiatives, the Transitional Justice Working Group for South Sudan, delivered a briefing paper to African Union officials in which it argued that the establishment of a hybrid court “[could not] in and of itself resolve the ongoing conflict”, but would contribute to breaking, or at least slowing, the cycle of violence and revenge. B. Commission for truth, reconciliation and healing 66. Chapter V of the Agreement on the Resolution of the Conflict in the Republic of South Sudan provides for the establishment of a commission for truth, reconciliation and healing. The Government of South Sudan, supported by the United Nations Development Programme (UNDP), has advanced the process of establishing the commission by compiling two papers, on the national consultation process required by the peace agreement, and on best practices for truth commissions. The survey conducted in 2014/15 (see para. 57 above) found that respondents emphasized the importance of a nationally owned process for documenting human rights abuses and publicly acknowledging the role of both State and non-State actors in committing violent acts against civilians in the current and past conflicts. Proponents of the commission argued that a truth-seeking process could be an opportunity for the State to demonstrate its commitment to building a culture of respect for human rights and the rule of law in South Sudan, and that a public dialogue about the legacy of violence in the country could help to dispel the fear resulting from decades of civil conflict. 67. National consultations in the context of South Sudan are critical for incorporating the views of victims, and are an intrinsic component of a holistic transitional justice framework. A major challenge for the people of South Sudan lies in whether national consultations can be held or any truth-seeking process implemented, given that the country is in the midst of an ethnic civil war. 68. The Minister for Justice established a technical committee, comprising representatives of diverse sectors including government, civil society and the faith communities, that is responsible for the process of establishing the commission for truth, reconciliation and healing. The committee, launched by the First Vice-President on 15 December 2016, had the goal of hosting national consultations between February and March 2017 to produce draft legislation by April/May 2017. 14

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