A/HRC/45/CRP.4
women representation in all the Chapter V mechanisms (5.1.1). Participants from civil
society mentioned the alarming scale of the use of sexual violence as weapon of war in the
South Sudan conflict, and how every effort should be made to address the existing State and
societal denial, even tolerance, of its occurrence and stigmatisation of affected
victims/survivors and their families – only then would the relevant stakeholders be
empowered to ensure effective and comprehensive reporting and documentation of cases,
patterns, and consequences of conflict-related sexual violence in South Sudan.
Complementary
32.
Participants also observed that it will be challenging to achieve the objectives of
Chapter V without the effective realisation of other crucial aspects of the R-ARCSS.
Security, judicial, and other institutional and constitutional reforms, humanitarian assistance,
and rehabilitation of conflict-affected communities, and barring of corrupt officials from
holding public office as anticipated in the R-ARCSS, are all essential to create a conducive
environment for transitional justice. Commission Chair Yasmin Sooka also noted that
transitional justice measures should include an assessment of the manner in which various
state security, resource management, and financial institutions have been misused to
perpetuate the conflict, and contribute to identification of relevant accountability and reform
measures so as to guarantee non-recurrence.
Prioritisation and sequencing
33.
During group discussions, all participants acknowledged that, in a post-conflict
context such as South Sudan, there will inevitably be competing demands for rebuilding,
reparation, and accountability. Thus, duty bearers and stakeholders should continuously
deliberate on prioritisation and sequencing between and within various transitional justice
measures, to ensure their timely establishment and effective implementation within the
evolving social, political, and economic context in South Sudan.
34.
Stakeholders from the Government of South Sudan agreed that there should be a
greater push for implementation of measures where consensus has been achieved, while
continuing negotiations on contentious issues. Hon. Clement Kuc Achol, a member of the
Transitional National Assembly – Legislation and Justice committee, submitted that it is
possible to fast track the initiation of renewed and inclusive national consultations and
development of legislation for creation of the CTRH; and provision of urgent and interim
reparation measures including health care and land restitution. Other considerations include
timing of the establishment of the Compensation and Reparation Fund and Authority and
their connection to the CTRH and HCSS.
35.
As a note, Commissioner Barney Afako referred participants to the report by late Kofi
Annan, on Transitional Justice in Peacebuilding titled “UN, Report of the Secretary-General
on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies” (UN
Doc. S/2004/616). The report points out challenges if a form of weak institutions,
unfavourable political environment, and weak security.
Coordination among state and non-state actors
36.
Civil society participants from the Transitional Justice Working Group identified the
need for enhanced information sharing and coordination among State and non-State actors
involved in the promotion of transitional justice. Such coordination would enable actors to
have a common understanding of the goals and mandate of various transitional justice
mechanisms, avoid duplication and optimally utilize available resources to ensure that all
conflict-affected communities and transitional justice issues are effectively covered. Civil
society organisations were encouraged to consider collaborative approaches for data
collection and documentation on patterns of violations, which could support the work of
various transitional justice mechanisms. This calls for an urgent review of existing
documentation and databases, and action to address any identified gaps. Regional and
international civil society organisations and friendly States can also play an active role,
including through advocacy, to elicit political action toward implementation of transitional
justice in South Sudan.
Resources and capacity
34
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