A/HRC/31/49 entities. Indeed, supporting any capacity-building activities for current government entities would implicitly condone the violations described in the present report. Capacity-building activities for the transitional authorities could be viable if the transitional Government of national unity were to commit to ending the violence against the civilian population, to excluding perpetrators – including SPLA and the security services – from the structures of the transitional Government, and to preventing further violations and abuses, and if it were to demonstrate a commitment to further accountability, in particular by cooperating with the hybrid court and other accountability mechanisms. If such commitments were made, the High Commissioner would encourage exploring technical support for the section of the Agreement on the Resolution of the Conflict in the Republic of South Sudan dedicated to transitional justice, accountability and reconciliation, including assistance for consultations and a needs assessment to inform efforts to achieve truth, justice, reparations, reconciliation and guarantees of non-recurrence. 65. The above-mentioned support should take into account the widespread displacement and destruction witnessed throughout much of the country, which have severely weakened and transformed communities and local government structures. Much of the population is deeply traumatized by the years of violence. Initiatives related to reconciliation, including awareness-raising and a national consultation process, much take such considerations into account. VI. Conclusions 66. Since December 2013, gross human rights violations and abuses and serious violations of international humanitarian law have been perpetrated in South Sudan. These acts have included killings and other attacks against civilians, rape and other sexual violence, arbitrary arrest and detention, the deprivation of liberty, abduction and violations of the rights of children, including their recruitment and use in hostilities. Throughout the conflict, sexual and gender-based violence has been widespread. All parties to the conflict are responsible for violations of international law. In 2015, however, the findings in the present report have shown that State actors bear the greatest responsibility for the violations of both international human rights law and international humanitarian law in the face of a weakened opposition force. 67. The military offensive by the Government in Unity State was conducted with the apparent purpose of spreading terror among civilians, including by means of killings, widespread sexual and gender-based violence and the pillaging of property. In addition to conflict-related violence, the Government increasingly suppressed freedom of expression and other democratic rights. 68. The Government’s failure to produce the reports of its investigations into the violations committed in 2013 and 2014 or to undertake any investigations leading to the prosecution of alleged human rights violations and human rights abuses and violations of international humanitarian law raises questions with regard to its commitment to ensuring accountability. 69. The legacy of violence and revenge, the lack of political will, the patterns of violations and abuses as documented in the present report and the impunity enjoyed by perpetrators suggest that only far-reaching reforms in governance, the security apparatus and the judicial system will be able to ensure respect of and protection for human rights and prevent similar violations and abuses from recurring. 70. The dismantlement of the apparatus of violence while holding to account those responsible for the immense suffering of the population is the only viable, lasting solution for ensuring the protection and promotion of human rights in South Sudan. 13

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