A/HRC/45/CRP.4 23. The Human Rights Council also requested the Commission to determine and report the facts and circumstances of, to collect and preserve evidence of, and to clarify responsibility for alleged gross violations and abuses of human rights and related crimes, including sexual and gender-based violence and ethnic violence, with a view to ending impunity and providing accountability. The Council further requested the Commission to make such information available to all transitional justice mechanisms, including those to be established pursuant to Chapter V of the Agreement on the Resolution of the Conflict in South Sudan, including the Hybrid Court for South Sudan, to be established in cooperation with the African Union.17 24. In its resolution 37/31, the Human Rights Council extended the mandate of the Commission for an additional year, and again in its resolution 40/19. The current members of the Commission, appointed by the President of the Council, are Yasmin Sooka (Chair), Andrew Clapham, and Barney Afako. 25. The Commission extends its gratitude to the Government of South Sudan for facilitating its missions. It also appreciates the assistance and contributions of the African Union, the United Nations Mission in South Sudan (UNMISS), United Nations agencies, civil society organisations, and experts. III. Lack of political will and a conducive environment for the initiation of transitional justice 26. Unresolved political contestation between the parties to the R-ARCSS has resulted in undue delays in the establishment of the CTRH, HCSS, and CRA, thereby perpetuating impunity for gross human rights violations and serious violations of international humanitarian law committed in the context of conflict in South Sudan. 27. The R-ARCSS required that the R-TGoNU be formed within eight months following its adoption. The R-TGoNU would then establish the CTRH, HCSS, and the CRA within six months following its formation. However, failure by the parties to the R-ARCSS to reach consensus on the number and boundaries of regional states, and delays in the implementation of the unification of the necessary unified forces, led to the postponement of the formation of the R-TGoNU for a period of 9 months. The Incumbent-TGoNU, on its part, insisted that it could not move forward with any of the R-ARCSS Transitional Period obligations before the actual formation of the Revitalised-TGoNU. 28. The R-TGoNU Executive was eventually constituted in February 2020, following the swearing into office of the First Vice-President and four Vice-Presidents, and appointment of Ministers and Deputy Ministers in March 2020. This followed an agreement by the parties to the R-ARCSS to create internal boundaries within 10 states and three Administrative Areas, and to carry over implementation of the pre-transitional period security arrangements into the Transitional Period. February 2020, therefore, marked the commencement of the Transitional Period of the peace agreement. 29. Under the revised Transitional Period, the R-TGoNU was expected to enact legislation to establish the CTRH, HCSS, and CRA by May 2020. All three mechanisms were anticipated to be operational by August 2020. At the time of writing (September 2020), there has been no movement on the creation of these mechanisms. Moreover, the R-TGoNU has neither provided public updates on the status of drafting the required legislation, nor has it issued a formal statement on any challenges it may be experiencing. 30. Regrettably, further contestation between the parties to the R-ARCSS on sharing of responsibilities within the newly formed 10 states, three Administrative Areas, and local governments has resulted in a protracted political stalemate that has stalled reconstitution of the Transitional National Legislative Assembly, which is obligated to enact domestic legislation for the establishment of the HCSS, CTRH, and CRA. Furthermore, parties to the 17 In pursuance of its mandate, the Commission collects and preserves evidence that it stores in a database and that it catalogues by a unique evidence registration number (ERN). Reference is made to these numbers throughout the report so that States may use them when requesting to consult the evidence. 7