A/HRC/45/CRP.4
5 October 2020
English only
Human Rights Council
Forty-fifth session
14 September7 October 2020
Agenda item 4
Human rights situations that require the Council’s attention
Transitional justice and accountability: a roadmap for
sustainable peace in South Sudan
Conference room paper of the Commission on Human Rights in South
Sudan
Summary
Chapter V of the Revitalised Agreement on Resolution of the Conflict in South Sudan
provides a pathway to building sustainable peace based on the recognition that it can only
be achieved through accountability for serious international crimes, truth recovery about the
past violations and the underlying structural causes of political violence, as well as the
restoration of dignity to South Sudanese citizens. Chapter V envisages a holistic set of
complementary mechanisms for this purpose, namely, the Hybrid Court for South Sudan,
the Commission on Truth, Reconciliation, and Healing, and the Compensation and
Reparation Authority. These measures were designed by the African Union as appropriate
to an African and South Sudanese context.
Yet, more than two years since the signing of the Revitalised Agreement on
Resolution of the Conflict in South Sudan, there has been no concrete progress in realising
any accountability, national healing, or reconciliation in South Sudan. Persistent political
contestation between parties to the peace agreement has resulted in significant delays in
implementation of key measures.
Instead, the failure to address underlying causes of the 2013 conflict has fuelled the
political competition for South Sudan’s resources and corruption between political elites
driving ethnic divisions and violence, and deepening impunity in the country. Political
violence is spiralling out of control at the inter-communal level but driven by national actors
who arm ethnic militias and paramilitary groups with military grade weapons using the
ostensible cover of cattle-raiding, which in turn leads to reprisals and revenge killings – all
under the cover and control of parties to the conflict in South Sudan.
Conflict in South Sudan should no longer be an option if millions of South Sudanese
are to achieve their dream of freedom and a life of dignity. It is only the timely
implementation of an inclusive and holistic transitional justice process envisioned in Chapter
V that can achieve this.
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