An aggrieved South Sudanese elderly woman | Credit | Amnesty International

The human rights watchdog – Amnesty International has criticized the African Union for allegedly abandoning the establishment of the hybrid court for South Sudan.

It says since August 2015, when parties to the conflict made a legally binding commitment to form the court, not much has been done to make it a reality.

Amnesty International said seven years later, the court still does not exist, not even on paper.

“The establishment of the court is a unique opportunity for the AU to demonstrate African leadership and to offer an African-led solution for the most serious crimes on the continent,” says Muleya Mwananyanda, the watchdog’s Director for East and Southern Africa.

“It would demonstrate a real commitment to the organization’s principles and show that the AU stands with survivors and victims of crimes for which impunity cannot be tolerated,” Mwananyanda added.

According to the revitalized peace agreement, a Hybrid Court, a Commission for Truth, Reconciliation and Healing and a reparations process should have been established more than two years ago.

However, the parties to the agreement have consistently failed to meet deadlines to make critical reforms and establish transitional justice bodies, without a credible justification for the delays.

In a research document released Wednesday morning, the watchdog said South Sudanese leaders have not adopted any legislation establishing the hybrid court as required by the peace agreements.

The rights group also said the government repeatedly took steps to block such establishment.

Amnesty International said in June 2016, Kiir and Machar published a joint op-ed in the New York Times entitled ‘South Sudan needs truth, not trials’ calling on the international community to reconsider the hybrid court for South Sudan.

But in January 2021, the council of ministers approved a plan by the Ministry of Justice and Constitutional Affairs for the establishment of the court and the other “transitional justice institutions” provided for in the revitalized peace agreement.

Days later, the AU Commission’s chairperson, Moussa Faki, welcomed the approval noting that it could end the delay in establishing the hybrid court and other institutions relevant to bring justice and healing to all South Sudanese.

However, Amnesty International now says the failure to establish the body reflects a lack of political will to hold those most responsible for serious crimes, which are likely to include senior political and military officials, to account.

It said the African Union has taken some limited steps towards the creation of the hybrid court for South Sudan.

“The formation of this Court should not have been delayed for so long. The AU must take long awaited and bold action,’ said the group.

Amnesty International says delay in establishing the court effectively means that there are no justice avenues available for victims of serious crimes committed in the context of the conflict in South Sudan since 2013.

The delay, according to the human rights watchdog, constitutes an unacceptable wait for survivors and victims of the conflict and harms future access to justice.

It says the AU must not hide behind South Sudan’s failure to comprehensively implement chapter five of the peace deals to justify its own failure to implement it.

Amnesty International said that the regional body should also guarantee the independence of the court.

When contacted by Eye Radio this morning to comment on Amnesty International statement, the AU commission special envoy to South Sudan, Joram Biswaro said he will soon respond.