A/HRC/45/CRP.4
platforms to convene such a meeting, especially given the highly sensitive nature of the
discussions surrounding the Hybrid Court. Nonetheless, the African Union Commission has
indicated that it is continuously exploring feasible ways to achieve progress on the formation
of the Hybrid Court and transitional justice in South Sudan more broadly, despite the
prevailing situation regarding COVID-19.
73.
The Commission notes moreover that there have been delays in establishing
consultative processes geared towards monitoring of the R-TGoNU’s implementation of the
R-ARCSS, including transitional justice measures in Chapter V. For example, the
Reconstituted Joint Monitoring & Evaluation Commission (R-JMEC) reported that it was
unable to convene meetings with key stakeholders soon after the formation of the R-TGoNU
to formulate an implementation plan for the transitional period of the R-ARCSS, including
the establishment of Chapter V mechanisms.
V.
Key considerations in implementation of Chapter V of the
Revitalised Peace Agreement
Transitional Justice should be pursued as an integral part of peacebuilding and
development in South Sudan
74. The post-conflict transition in South Sudan undoubtedly calls for extensive rebuilding,
reconstruction, and reforms in virtually every sphere of society. Thus, there will be
competing demands for limited resources to ensure sustained peace and security, and
stabilisation of infrastructure and institutions to support development, including the
provision of essential services to the people of South Sudan. In this regard, the Commission
reiterates that the failure to address past grievances and continued impunity have been the
primary drivers of renewed conflict and continued violations of human rights and
international humanitarian law in South Sudan, thereby affecting the prospects for
sustainable peace and development.
75. The Commission therefore underscores that transitional justice measures should be
integrated as a critical, rather than secondary, component of the post-conflict peacebuilding
and development agenda in South Sudan. The R-TGoNU must demonstrate its commitment
to ensure timely and effective implementation of mechanisms to guarantee victims’ rights to
truth, justice, and reparation, and prevention of recurrent violations of international human
rights and humanitarian law, within its available resources, alongside all other measures
anticipated under the R-ARCSS. This will ensure that the momentum to identify and address
underlying causes and consequences of conflict and related violations is maintained during
the transitional period, and informs anticipated governance, security, justice, and
Constitutional reforms.
76. Further, the R-TGoNU should desist from propagating the narrative that accountability
processes will undermine peace, or from adopting a selective approach to transitional justice
that supports rehabilitation and compensation at the expense of victims’ rights to truth,
justice, reparation, and other remedies. Instead, the R-TGoNU should initiate broad
awareness campaigns that highlight the mutual linkages between accountability, justice,
reparation, reforms, and sustainable peace and development.
Timely establishment and operationalisation of Chapter V mechanisms
77. The Commission calls on the R-TGoNU to ensure the prompt formation and
implementation of truth, justice, and reparation mechanisms set out in Chapter V of the RARCSS. Following its constitution in February 2020, the R-TGoNU is obligated to
immediately initiate legislation for the creation of the HCSS, CTRH, and CRA, and was to
ensure their enactment by the Transitional National Legislative Assembly by May 2020. The
draft Statute for establishment of the HCSS that has been in place since 2017 and views
emerging from national consultations on the creation of the CTRH in some parts of South
Sudan provide a useful starting point in this regard. Furthermore, the R-TGoNU was required
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