A/HRC/45/CRP.4
6.
Chapter V of the R-ARCSS outlines the mandate of the transitional justice
mechanisms as follows:
i.
A Commission for Truth, Reconciliation, and Healing (CTRH) to investigate and establish
an accurate and impartial record of human rights violations, breaches of the rule of law, and
excessive abuses of power committed by State and non-State actors, and the circumstances
and causes of the conflict in South Sudan between July 2005, when the Comprehensive Peace
Agreement was signed between northern and southern Sudan, and 12 September 2018, when
the R-ARCSS was signed. The CTRH is expected to identify perpetrators responsible for the
violations, and propose measures to provide effective remedies, including reparation, to
affected victims and to prevent recurrence of similar violations. 4
ii.
A Hybrid Court for South Sudan (HCSS) to investigate and prosecute individuals responsible
for violations of international law and/or applicable South Sudanese law, committed from 15
December 2013 to the end of the transitional period anticipated in the R-ARCSS. The
HCSS’s mandate will include atrocity crimes including genocide, crimes against humanity,
and war crimes, as well as other crimes under the law of South Sudan.5
iii.
A Compensation and Reparation Authority (CRA) that will administer a fund to “provide
material and financial support to citizens whose property was destroyed by the conflict and
help them to rebuild their livelihoods.” The CRA will also receive applications from victims
recorded by the CTRH and provide them with appropriate compensation and reparation. 6
7.
The R-ARCSS anticipates that the CTRH, HCSS, and CRA/fund will be implemented
in a mutually reinforcing manner to “promote the common objective of facilitating truth,
reconciliation and healing, [and] compensation and reparation for gross human rights
violations in South Sudan.”7
8.
Furthermore, national healing and reconciliation processes, humanitarian and
reconstruction efforts, and reform measures expected to be initiated pursuant to the RARCSS provide additional avenues for acknowledgement of victims as rights-holders,
redress for harms they have suffered, and prevention of future violations.
9.
Thus, transitional justice mechanisms in Chapter V of the peace agreement are an
integral part of a package of measures intended to achieve political, security, and economic
reforms for delivering societal transformation, and addressing the structural drivers of a
conflict which continues to manifest in ethnic dimensions and patterns of extreme violence,
including systematic sexual attacks on women on a wide scale. In a context where
exclusionary politics and lack of political and economic accountability have combined with
impunity for past and on-going violations, the grievances remain unanswered, fuelling the
next cycles of grievance and greed-related violence. In contexts such as South Sudan,
transitional justice measures serve not only as redress for past violations but as critical
interventions for preventing the next mass atrocity. In this broad conception, transitional
justice is thus an indispensable pillar for the recovery of South Sudan from conflict and its
transformation into a stable society.
Current Situation in South Sudan
10.
More than two years since the signing of the R-ARCSS, there has been no concrete
progress toward the realisation of transitional justice, accountability, national healing, and
reconciliation in South Sudan. Persistent political contestation between parties to the peace
agreement has resulted in significant delays in implementation of key measures, including
reconstitution of the Transitional National Legislative Assembly, which is obligated to enact
the necessary legislation for establishment of the HCSS, CTRH, and CRA.
11.
Consequently, the failure to address underlying causes of the 2013 conflict, including
ethnic-based divisions and impunity for past human rights violations and crimes, has created
a conducive environment for renewed violence. The Commission has documented a
spiralling pattern of systematic, ethnic-based communal violence perpetrated through armed
4
See R-ARCSS, Article 5.2.
See R-ARCSS, Article 5.3.
6 See R-ARCSS, Article 5.4.
7 R-ARCSS, Article 5.1.3.
5
4
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