A/HRC/45/CRP.4
to provide an official recognition of victims and survivors as rights-holders; acknowledge
and redress human rights and international humanitarian law violations and the resulting
harm suffered by victims and survivors; and establish measures to prevent the recurrence of
similar violations, have deep resonance in a context where intense competition for resources
continues to fuel conflict and associated violations and crimes, and to drive rampant
corruption and economic crimes.
16.
The concept of transitional justice is rooted in established human rights norms, which
obligate States to respect and ensure the protection and realisation of:
•
•
•
•
victims’ right to truth by establishing and promoting mechanisms and processes for
clarification of circumstances surrounding human rights and humanitarian law violations,
including their underlying causes in order to prevent their recurrence;
victims’ right to justice through effective, prompt, thorough, and impartial investigations into
allegations of violations of human rights and humanitarian law, and prosecution and
punishment of those found culpable;
victims’ right to remedies for violations of human rights and humanitarian law and their
consequences, including access to adequate, prompt, and effective reparation; and
guarantees of non-repetition of gross violations of human rights and serious violations of
international humanitarian law.
17.
South Sudan is therefore obligated to ensure victims’ access to effective remedies for
violations of human rights and international humanitarian law even when they are committed
by non-State actors.
18.
For more than four decades, countries including South Sudan transitioning from
autocracy and conflict have adopted various transitional justice mechanisms to pursue
victims’ rights to truth, justice, reparation, and guarantees of non-recurrence of human rights
and international humanitarian law violations. These include, inter alia, truth commissions,
civil and criminal judicial accountability processes, court-based and administrative
reparation programmes, and constitutional, legal, and institutional reforms.
19.
Transitional justice, however, does not merely involve the establishment of
institutions and programmes. The process of designing and implementing such measures is
also essential to the effective realisation of transitional justice goals. Experiences in several
contexts demonstrate that transitional justice measures which are deliberately designed and
implemented to restore and uphold human rights, including non-discrimination, equality, and
due process, can significantly contribute to the cultivation of shared values, social cohesion,
healing, and reconciliation; respect for the rule of law; restoration of civic trust and
confidence in State institutions; and sustainable human development. Conversely, if
mismanaged, transitional justice measures could deepen inequalities, exacerbate tensions in
divided societies, and trigger renewed cycles of conflict.
20.
Transitional justice measures are, therefore, not an end in themselves, but rather
provide a meaningful opportunity to initiate and promote long-term social, political, and
economic transformation undergirded by respect for human rights in the aftermath of
breakdown in societies resulting from conflict or repression. To that extent, transitional
justice, security, development, and reconciliation measures ought to be conceptualised and
implemented in an integrated and mutually reinforcing manner, in order to achieve the
ultimate goal of sustainable peace.
II. Mandate
21.
In its resolution 31/20, the Human Rights Council established the Commission on
Human Rights in South Sudan for a period of one year. The Commission submitted its first
report to the Council at its thirty-fourth session (A/HRC/34/63).
22.
In its resolution 34/25, the Human Rights Council extended the mandate of the
Commission for another year, and requested it to continue to monitor and report on the
situation of human rights in South Sudan, to make recommendations to prevent further
deterioration of the situation, and to report and provide guidance on transitional justice,
including reconciliation.
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