Yasmin Sooka [Right], the chairperson of the UN Human Rights Commission, and Barney Afako [Left], UN Human Rights Commissioner during a press briefing in Juba - credit |Atem Jenifer/Eye Radio | February 11, 2022

 The UN Commission on Human Rights in South Sudan (CHRSS) has called on the African Union (AU) and the international community to intensify support for South Sudan peace process and a holistic transitional justice programme to ensure sustainable peace in the country.

In a press statement, CHRSS said it welcomes the recently enacted laws establishing the Commission for Truth, Reconciliation, and Healing (CTRH) and Compensation and Reparation Authority (CRA), and urged the AU to support South Sudan in operationalizing the laws.

The Commission also urged the African Union to renew its efforts to revive the stalled process of establishing the Hybrid Court for South Sudan, stipulated in the 2018 peace accord.

The agreement mandates the AUC and the government of South Sudan to set up the tribunal 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.

Further, CHRSS said the three transitional justice mechanisms in addition to critical state-building measures provided for under the 2018 peace deal form the cornerstone of the country’s path toward healing, accountability, and lasting peace.

“Despite the numerous setbacks, this is not the time to abandon South Sudan,” said Commissioner Afako.

From 18-22 November, Commissioner Barney Afako led a mission to AU headquarters in Addis Ababa and met with the organization’s Ad Hoc Committee on South Sudan (C5 group), AU Commission focal points on legal matters, conflict prevention, governance, human rights, and transitional justice in the country.

Mr. Afako said an intensified support of the African Union and other international and regional partners is essential for the timely and credible completion of the country’s delayed political transition.

He said transitional justice processes are an essential element of South Sudan’s recovery.

“Along with other foundational measures including the making of a permanent constitution and reforms within the judicial, security and economic sectors, they will contribute to breaking cycles of violent conflict, atrocity crimes, and end entrenched impunity, as well as nurture national cohesion and the recognition of plurality.”

The UN rights body said the African Union acknowledged the need for enhanced coordination with the South Sudan government to support holistic, survivor-centered and people-driven transitional justice processes.

The organization also suggested an effective high-level mechanism through which relevant technical and senior AU entities would develop and coordinate strategies for mobilizing technical, financial and political support for achieving holistic transitional justice processes in South Sudan.

These include adopting a harmonized and transparent process for the selection of credible and competent commissioners for the Truth Commission and members of the Reparation Authority.

AU interlocutors also acknowledged the need to re-engage the South Sudan government on completing the processes for the establishment of the Hybrid Court as an integral component of the transitional justice processes.

“Establishing a holistic transitional justice system which includes accountability measures, with truth recovery and reparations and rehabilitation institutions, is not just a legal obligation, it is a moral imperative for South Sudan’s leaders,” said Commissioner Yasmin Sooka, Chair of the Commission.

“South Sudan must create the space for open participatory dialogue and the recognition of the immense suffering of its people, while also ensuring that perpetrators of serious human rights violations are held criminally accountable.”

“Accountability in all its forms, including through the Hybrid Court and strengthening avenues for domestic accountability is essential to deal with entrenched impunity, which continues to fuel ongoing conflicts and gross human rights violations in South Sudan.”

The discussions in Addis Ababa underscored the need to implement the recommendations of the October 2024 report of the Judicial Review Commission, which provides the basis for developing immediate and longer-term measures for strengthening the criminal justice system and domestic accountability for gross human rights violations in South Sudan.

In this connection, the Commission reiterated that an effective legacy strategy for the Hybrid Court should integrate active capacity and institutional building, as a central component of its mandate.

Commissioner Carlos Castresana Fernández stated: “South Sudan’s leaders must show the world their commitment to justice by investing in establishing an independent judiciary. Corruption and the diversion of resources continue to undermine the country’s ability to build a functioning judicial system.

Strengthening the domestic justice system—by creating a credible and independent judiciary, investing in legal and judicial infrastructure, and rooting out corruption—must be a key priority.

While the Hybrid Court is necessary to ensure accountability for the most egregious crimes, UNCHR said it must be complemented by credible domestic accountability, truth-telling, reparations, and critical state-building measures to address the full range of victims’ needs and guarantee non-recurrence of atrocities.”

“With the passing of laws for the Truth Commission and Reparations Authority, South Sudan and the African Union must now advance, with the support of the international community, all the measures agreed in the peace agreement to ensure accountability, truth-telling, and reparations, without which reconciliation and healing will remain elusive,” Sooka concluded.

The Commission is scheduled to address the UN Human Rights Council in February 2025.