A/HRC/31/49
(f)
Respect and promote the role of civil society, including by ensuring that
freedoms of opinion and expression and of peaceful assembly are guaranteed, and
ensure the protection of human rights defenders and journalists;
(g)
With regard to other transitional justice measures referred to in the
Agreement on the Resolution of the Conflict in the Republic of South Sudan, support
genuine consultations, including by means of public education programmes, so that
there is informed participation by victims, women’s groups and all stakeholders, and
needs assessment to inform the efforts aimed at achieving truth, reparations,
reconciliation and guarantees of non-recurrence.
75.
With regard to criminal justice accountability measures, the High
Commissioner also recommends that the transitional Government of national unity:
(a)
Extend full cooperation and support to the hybrid court by assisting its
investigations and complying with its rulings;
(b)
Consider the establishment of a specialized judicial structure in South
Sudan courts focusing on violations and abuses amounting to international crimes,
supported by specifically appointed judges, prosecutors, lawyers and law enforcement
officials, with the possibility of embedding international legal actors to work with
South Sudanese officials. Its jurisdiction would be complementary to that of the
hybrid court.
76.
The High Commissioner recommends that the African Union Commission:
(a)
Establish promptly a hybrid court for South Sudan;
(b)
Establish a designated unit in the hybrid court that provides support to
victims and witnesses, including of sexual violence, with special measures in the case
of children, and ensures their safety and security before, during and after
proceedings;
(c)
Create a unit within the hybrid court dedicated to awareness-raising on
the role, functions and processes of the hybrid court, including with regard to crimes
of sexual violence, and promote the full participation of victims in the pretrial, trial,
sentencing and reparations stages.
77.
The High Commissioner recommends that the Human Rights Council:
(a)
Continue to monitor developments in South Sudan, and to that end
consider the establishment of a dedicated mechanism on South Sudan to report on
progress towards accountability and the situation of human rights;
(b)
Encourage relevant special procedures to visit South Sudan;
(c)
Share a copy of the present report with the General Assembly and the
Security Council for deliberation.
78.
The High Commissioner recommends that the international community
consider applying a phased approach to the provision of technical assistance to State
institutions in South Sudan on the basis of progress made in the establishment of the
transitional Government of national unity, and in the meantime consider providing
support for civil society organizations and the national human rights commission of
South Sudan.
79.
The High Commissioner recommends that the Security Council:
(a)
Remain seized of the matter of criminal accountability for serious
violations of international humanitarian law and gross violations and abuses of
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents