A/HRC/40/CRP.1 Dialogue has continued in 2017-2018 with consultations being held at the grass-root level and more stakeholders expressing the willingness to participate,1439 the ultimate impact of the initiative and its relationship to future transitional justice mechanisms is yet to be seen. While taking account of reservations expressed by local and international stakeholders regarding the National Dialogue, the Commission urges the Government to conduct the process in a manner that is genuine and not intended to jeopardise the establishment of three transitional justice mechanisms set out in Chapter V of the R-ARCSS. If the National Dialogue, was seen to be inclusive, credible and transparent, the outcomes could be used to contribute more positively to future transitional justice mechanisms. A. Transitional Justice Framework 1. Normative Framework for Transitional Justice Dealing with past atrocities and the transformation of a conflict-torn country into a thriving and economically-sustainable democracy requires measures and approaches that go beyond ordinary methods of addressing violence. The Panel of the Wise has noted that “As Africa has progressed in building democratic institutions, more countries have paid attention to addressing the prevalence of impunity and enshrining values that underscore justice and reconciliation. Creating spaces for social and political contestation has provided the basis for vibrant discourse on how to end the spates of impunity that have characterized most African countries”.1440 The adoption in 2005 of the Updated Principles to Combat Impunity by the General Assembly of the United Nations,1441 sets out a holistic framework to transitional justice that addresses both the duties of states and rights of victims through the promotion of a series of mutually reinforcing initiatives in the field of truth, justice, reparation and guarantee of nonrecurrence, with the view to promoting accountability and maximizing victims’ satisfaction. Transitional justice also includes initiatives that aim to promote longer-term goals such as reconciliation and healing, and helps to ensure the respect for human rights and to foster civic trust in the public institutions, which further strengthens the rule of law, economic development and democratic governance.1442 Transitional justice is based on the premise that the underlying causes of conflicts and deeply rooted grievances, including historical injustices, unless adequately addressed and redeemed, can perpetuate cycles of violence with destabilizing effects at the domestic, regional, and international levels. Discussions on transitional justice often focus on whether peace and justice are competitive or complementary goals. In the Commission’s view, this is an inappropriate assumption and is based on a narrow understanding of peace-making that assumes that peace processes are solely about ending violent conflicts. It also reflects a tendency to perceive justice only in terms of retributive justice—that is, prosecutions or criminal accountability. These positions ignore the intimate links between peace and justice: a more accurate conception treats peace and justice as fundamental to ending violence and preventing its recurrence, and as requiring a comprehensive, holistic approach. Experience and best practises in the region in dealing with past atrocities suggest that sustainable peace and national reconciliation in South Sudan can only be achieved when the transitional justice framework and the process of implementation take place in a conducive environment that is inclusive and participatory taking into account the views of all the stakeholders, in particular of the victims and vulnerable groups and communities. This is 1439 Clayton Hazvinei Vhumbunu, The National Dialogue Initiativein South Sudan: Assessing Progress and Pitfalls, African Centre for the Constructive Resolution of Disputes, 31 May 2018. 1440 AU Panel of the Wise, Peace, Justice and Reconciliation in Africa: Opportunities and Challenges in the Fight Against Impunity, Report of the AU Panel of the Wise, International Peace Institute, Africa Union Series, February 2013. 1441 The Joinet Principles and the Updated Principles to Combat Impunity. Question of the Impunity of Perpetrators of Human Rights Violations (Civil and Political): Revised Final Report Prepared by Mr. L. Joinet, UN Doc. E/CN.4/Sub.2/1997/20/Rev.1, 2 October 1997 (hereinafter “Joinet Principles”); Report of the Independent Expert to Update the Set of Principles to Combat Impunity, Diane Orentlicher, Addendum: Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity Doc. E/CN.4/2005/102/Add.1, 8 February 2005 (hereinafter “Updated Principles to Combat Impunity”). 1442 See UN Security Council, Report of the Secretary-General on the ule of law and transitional justice in conflict and post conflict societies, S/2011/634, 2 October 2011, p. 6. 178