A/HRC/40/CRP.1 Security and Detention • Halt the use of secret detention in so-called ‘safe houses’, the torture and ill treatment of detainees, and urgently address the conditions in all places of detention to ensure they comply with UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) (2015); • Embark on radical reform of the arrangements for national security to ensure compliance with international human rights obligations, instruct all personnel to comply with the Constitution and international law, and reform the National Security Service Act to ensure procedural safeguards from arbitrary arrest; • Cease the interference with the media and civil society so that freedom of expression can be reasonably exercised in order to ensure that the peace process is properly understood, that there can be accountability for past violations, that issues of corruption can be exposed, and that the process of healing can take place across the country; • Re-confirm its former commitment to a moratorium on executions as a contribution to peace and nation-building; to confirm its commitment to respecting its international human rights obligations by declaring that no one who was under 18 at the time of the commission of their offence will be sentenced to death or executed; • Consider carefully the draft legislation which incorporates international crimes in national law in order that all forms of liability relevant to such crimes are included so that there can be complementarity between the national criminal legal order and any international tribunals with jurisdiction. Political Economy • Ensure the implementation of Articles 4.8.1.1 and 4.8.1.2 of the R-ARCSS which provide that the provisions in the Petroleum Revenue Management Act facilitating transparency, accountability and an equitable allocation of oil revenues among the present and future population of the country, including the closure of any petroleum revenue accounts not established under the Act, within three months of the start of the Transition period; • Establish an appropriate monitoring mechanism to monitor the transfer of an equitable share of the revenue to states and ensure public reporting; • Ensure that the Government expedites the operationalization of Future Generations Fund and the Oil Revenue Stabilization Account and review and audit allocations and transfers of the two percent and three percent made to oil producing states since 2011;1586 and • Ensure that the review called for by the R-ARCSS, of both the national oil company Nilepet and the National Petroleum and Gas Commission, are dealt with expeditiously so as to transform them, and “empower them to exercise their responsibilities as stated in the Amended Constitution and Law”.1587 Transitional Justice • Exercise effective leadership and ownership of the transitional justice process, and promote civic engagement, including of victims and forcibly displaced persons, with the processes; • Establish expeditiously the commission for truth, reconciliation and healing, with effective and transparent consultation of South Sudanese stakeholders, ensuring that the process of selection of commissioners is transparent and credible; 1586 1587 R-ARCSS, Articles 4.8.1.14.7 and 4.8.1.14.9. R-ARCSS, Article 4.8.1.14.14. 205

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