A/HRC/34/63
against them and been a source for structural violence against women. The commission for
truth, reconciliation and healing and the compensation and reparations authority could be
excellent vehicles to advance the rights of girls and women through legal and institutional
reform, improving their status in society at all levels. In the view of the Commission, the
technical committee should ensure that a gender perspective is incorporated into the
legislation establishing both the commission for truth, reconciliation and healing and the
compensation and reparations authority.
D.
Proposed national dialogue
75.
On 14 December 2016, President Salva Kiir announced the launch of a national
dialogue as both “a forum and a process through which the people of South Sudan shall
gather to redefine the basis of their unity as it relates to nationhood, redefine citizenship and
belonging, restructure the State and renegotiate social contracts and membership in the
world of nations.” The proposal envisages three phases of consultation, from local to the
national levels, for settling broad political, social and cultural grievances and
intercommunal conflicts, to achieve “peace, healing and reconciliation”.
76.
While the Government suggests that the national dialogue is situated within the
framework of the Agreement on the Resolution of the Conflict in the Republic of South
Sudan and is not intended to contravene its terms, it could lead to potential overlap with the
commission for truth, reconciliation and healing. Furthermore, observers and stakeholders
argue that, to have any chance of success, any consultation, dialogue or truth-seeking
process must be truly inclusive of all political, ethnic and social groups and be fully
transparent and credible; serious doubts persist about whether this, however, can be
accomplished in the current political context. According to President Kiir, the national
dialogue should be seen as credible, genuine and open to all the people of South Sudan,
adding that “the Government will not lead or control the process”. Given however that the
President has designated himself the “patron” of the dialogue and has also appointed the
members of its steering committee, it is not surprising that the initiative has been roundly
criticized. Led by a steering committee whose members have been appointed directly by the
President and which excludes other ethnic groups, including armed groups and opposition,
the national dialogue would appear to have little chance of success.
77.
While President Kiir has stated that his Government will guarantee the safety and
freedom of participants in the national dialogue, including those who are currently out of
the country, the fears expressed by many amid the continuing government crackdowns on
the media and on freedom of speech and of association, including the closing of media
houses, the murder of journalists and the indefinite detention of activists and others without
charge or due process, give cause for concern.
E.
The way forward
78.
South Sudan, like many countries emerging from periods of protracted conflict, has
to confront the political challenge of holding perpetrators to account. One major difficulty
is that alleged perpetrators occupy senior political and military positions in the post-conflict
State. Under international law, the State has the primary obligation to investigate and
prosecute those individuals responsible for human rights violations and abuses and for
violations of international humanitarian law. In the case of South Sudan, the African Union
is tasked with the responsibility for establishing a hybrid court for South Sudan and has
indicated its intention to sign a cooperation agreement with the Government on matters
relating to the court.
16
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