A/HRC/34/63 69. While the establishment of the technical committee is a major step forward, the Commission was informed that victims and victim communities are not adequately represented in it. In a country that has endured conflict for decades, the very notion of who is to be considered a “victim” is hotly disputed. The committee must therefore be inclusive of all those who have suffered. C. Compensation and reparations authority 70. Chapter V of the Agreement on the Resolution of the Conflict in the Republic of South Sudan also proposes the establishment of a compensation and reparations authority. Given the nature and scope of the conflict in South Sudan, the issues of reparations and compensation are critical, given that the conflict has displaced millions of South Sudanese and left many without a livelihood. In this context, reparations and compensation will need to focus on both material and non-material elements, including restitution, compensation, rehabilitation and guarantees of non-repetition. According to the peace agreement, the new compensation and reparation authority “shall provide material and financial support to citizens whose property was destroyed by the conflict”. Surprisingly, no mention is made of compensation for the loss of human lives or of compensation to which orphans and widows of victims of massacres or targeted killings would be entitled. The payment of compensation to murder victims is customary in some South Sudanese cultures. 71. The establishment of the compensation and reparations authority has been hampered by the lack of political will of the Government of South Sudan. At the time of the signing the Agreement on the Resolution of the Conflict in the Republic of South Sudan, President Kiir expressed his reservations about the establishment of the body, and argued that funds should be instead channelled into “the reconstruction of infrastructure and the rebuilding of livelihoods of communities in the States most affected by the conflict”. Many Governments argue that, instead of paying for reparations and compensation, funds should be invested in development and infrastructure. In the view of the Commission, this should never be an “either or” situation, given that every citizen is entitled to benefit from development funds. It is well established internationally that reparations are an acknowledgement and recognition of the wrongdoing done to a victim, without which many victims and survivors would not be in a position to rebuild their lives. 72. The survey conducted in 2014/15 found that reparations for survivors enjoyed widespread support, with 81 per cent of respondents agreeing that the Government should provide compensation to victims of human rights violations and abuses. 17 One important element of the compensation and reparations authority should be how to address socioeconomic grievances in South Sudan to avoid further conflicts. 73. Traditional and customary dispute resolution mechanisms have played a key role in mediating disputes over grazing land and cattle, and marriage disputes, even where they have resulted in killings.18 The technical committee appointed to establish the commission for truth, reconciliation and healing and the compensation and reparations authority will need to consider whether and how to integrate traditional dispute mechanisms into transitional justice mechanisms in order to address conflicts at the local level. 74. Historically, transitional justice has addressed the rights of women and advanced their status in societies where patriarchy, tradition and custom have often discriminated 17 18 South Sudan Law Society, Search for a New Beginning (see footnote 14). Nhial Tiitmamer, “Transitional Justice for Stabilizing South Sudan: Lessons from Global and Local Contexts”, The Sudd Institute, policy brief, 21 July 2016. 15