A/HRC/45/CRP.4 South Sudan, 80 per cent of local disputes are resolved by customary courts. 67 Traditional authorities also have extensive ground knowledge about the facts and circumstances of conflict, including the nature and extent of damage done, materially or psychologically, which could provide a rich source of data for truth-seeking efforts. Exploring traditional justice mechanisms and incorporating their positive practices into the current transitional justice framework would, therefore, enhance the credibility and participation of local communities. 94. The R-ARCSS envisages a role for traditional authorities in providing input for remedial processes such as the provision of reparations and compensation. For example, Article 5.2.1.5 requires the Commission on Truth, Reconciliation, and Healing to draw on existing traditional practices, processes, and mechanisms, where appropriate, when determining mechanisms and processes for the enjoyment of the right to remedy. One suggested approach has been for the CTRH to refer certain cases that it comes across to customary courts for the determination of compensation and to facilitate reconciliation or ask traditional authorities to oversee post trial reconciliation of parties. 68 Yet, while traditional mechanisms can be empowered to support transitional justice process, each mechanism adopted needs to be context specific and familiar to South Sudanese. Among other things, it may be necessary to map out traditional mechanisms that have worked in the past and factors that influence success or failure before applying them to the current context. 95. Harnessing traditional customary mechanisms in the current transitional justice context also means critically reviewing their promises and pitfalls. Customary institutions are often criticised for being male-dominated spaces that marginalise and discriminate against women and girls. It is a known fact that many customary law provisions in respect of women contradict with their right to equality under the Constitution and the current statutory framework. Decisions of customary law courts are also unpredictable and may violate international human rights norms. Customary institutions may also struggle with disputes that cut across community boundaries, where different customary laws apply and the traditional authority may not have as much control over the non-local party. With the diversity of customs in South Sudan, another key challenge would be the difficulty of formalising different customary processes through legislation without undermining their flexibility, which makes them adaptable to local conditions. It is therefore imperative to ensure that the application of relevant customary norms in the transitional justice process is in line with natural justice principles as envisaged in the R-ARCSS.69 Commission on Truth, Reconciliation, and Healing Transparent and participatory selection of Commissioners 96. Numerous concerns have been raised by citizens, survivors, and civil society organisations about the lack of transparency in the Government’s appointment of individuals to lead past commissions of inquiry, and other national healing, reconciliation investigations, and accountability processes. The Commission, therefore, calls on the R-TGoNU, the African Union, and the United Nations to take deliberate steps to ensure broad public participation in an open and transparent process for the nomination and selection of commissioners to the CTRH.70 Every effort must be made to ensure that the CTRH is composed of individuals of high integrity and competence, in order to instil legitimacy and civic trust in the truth-seeking process. Sufficient temporal mandate and resources 97. The R-ARCSS anticipated that the CTRH would be established within four months of the commencement of the Transitional Period, and would carry out its mandate for a period of two years and nine months. Given the R-TGoNU’s continued delay to create the CTRH, corresponding measures must be put in place to ensure that it is, nonetheless, accorded Baseline Perception Survey of Access to Justice and Rule of Law Institutions in South Sudan – UNDP (August 2013). See New Beginnings – A Way Forward for Transitional Justice in South Sudan – Transitional Justice Working Group/South Sudan Law Society/UNDP – Conference Report and Analysis – February 2016, at p. x. 69 R-ARCSS, Article 5.2.2.3.9. 70 Article 5.2.3 of the R-ARCSS requires the R-TGoNU Executive, in consultation with the African Union and UN, to select and appoint seven Commissioners, including four South Sudanese nationals and three from other African states. 67 68 20