Barney Afako, UN Commissioner on Human Rights in South Sudan, spoke during a joint press conference in Juba on Friday, February 16th, 2024. Photo Credit: Charles Wote/Eye Radio.

The UN Commission on Human Rights in South Sudan embarked on a five-day visit to Addis Ababa on 18th November to engage the African Union secretariat on the implementation of transitional justice in South Sudan.

UNCHR member Barney Afako led a delegation to Addis Ababa – a week after President Salva Kiir assented to the Commission for Truth, Reconciliation and Healing, and the Compensation and Reparations Authority Acts 2024.

The adoption of the bill is seen as a significant milestone towards the establishment of the institutions responsible for addressing violations and the needs of victims and survivors.

A statement said Commissioner Afako and members of the commission will meet with officials of the African Union Commission, its Peace and Security Council, and the African Commission on Human and Peoples’ Rights.

They also plan engagements with the Inter-Governmental Development Authority (IGAD), regional and international diplomatic corps, and civil society and humanitarian actors.

“The African Union has a crucial role in providing political accompaniment to South Sudan, and mobilizing financial and technical support, to address the persistent delays that have impeded effective implementation of the peace agreement,” the statement said.

The Commission will share its investigative findings and recommendations on the fulfillment of South Sudan’s human rights obligations, including holistic, citizen-driven, and survivor-centered implementation of transitional justice processes, it said.

“While the enabling laws have now been enacted for the Truth Commission and the Reparation Authority, urgent steps are still required for establishing the Hybrid Court for South Sudan and strengthening domestic criminal justice systems.”

The 2018 peace agreement mandates the AUC and the government of South Sudan to set up a hybrid court for South Sudan to investigate and prosecute individuals suspected of committing crimes since the conflict began in December 2013.

These include the deliberate killing of civilians, rape and other sexual violence, forced recruitment of children, forced displacements, among other crimes.

However, since the formation of the unity government, less or little has been mentioned in regards to Chapter 5 of the peace pact that stipulates the establishment of the court.

At present, there is no other justice avenue available for South Sudanese victims of the conflict, apart from the pending Hybrid Court.

The Commission on Human Rights in South Sudan is an independent body established in 2016 and mandated by the United Nations Human Rights Council to investigate the situation of human rights and to make recommendations to prevent a deterioration of the situation.

The Commission’s findings are informed by independent interviews conducted with victims and survivors of human rights violations, as well as witnesses, service providers, and related experts and stakeholders.