A South Sudanese civil society activist has called for the activation and implementation of the Transitional Justice Mechanisms agreed upon by the signatories of the 2018 revitalized peace agreement.
Chapter Five of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) deals with Transitional Justice, Accountability, Reconciliation and Healing and stipulates the establishment of a Commission for Truth, Reconciliation and Healing (CTRH) and the establishment of a Hybrid Court for South Sudan (HCSS) to investigate and prosecute individuals bearing responsibility for violations of international law and/or applicable South Sudanese law, committed from 15 December 2013 through the end of the Transitional Period.
The same chapter also talks about the establishment of a Compensation and Reparation Authority (CRA). According to clause 5.4.1. stipulates: “The RTGoNU, in recognition of the destructive impact of the conflict on the citizens of South Sudan, shall establish within six (6) months from the commencement of the Transitional Period, a Compensation and Reparation Fund (CRF) and Compensation and Reparation Authority (CRA) to administer the CRF.
None of the above have been actualized.
One year has passed since the National Conference on Transitional Justice Mechanisms was held in Juba where key stakeholders gathered to discuss the importance of advancing transitional justice in the country.
The conference, which took place from the 15 to the 17 May 2023, saw the participation of over 400 individuals from various sectors, including civil society, and was officiated by President Salva Kiir Mayardit. The event was organized by the Ministry of Justice and Constitutional Affairs, UNDP, and other partners.
During the conference, among the critical recommendations made by the participants, was the expedited enactment of the Commission for Truth, Reconciliation, and Healing (CTRH) and the Commission for the Resolution of Atrocities (CRA). Additionally, the conference underscored the importance of ensuring that the transitional justice process is victim-centered and inclusive, emphasizing the need for increased awareness programs and the establishment of policies and regulations for memory-building.
However, speaking to Radio Tamazuj on Saturday, Bol Deng Bol, a civil society activist and the Executive Director of Intrepid South Sudan (ISS), said it is exactly a year since the conference was held and progress on implementing key provisions on transitional justice has been minimal.
“The Ministry of Justice and Constitutional Affairs managed to introduce the two Bills on CTRH and CRA to Parliament but has faced challenges in advancing them further,” he stated. “Our concerns have been about the lack of transparency in the process which is hindering progress towards enacting these crucial legislations that would underpin the transitional justice mechanisms in our country.”
Deng called upon the Revitalized Transitional National Legislative Assembly (RTNLA) to take urgent action and prioritize the enactment of the CTRH and CRA Bills before the end of this month. Doing so, the activist emphasized, is essential for kickstarting the implementation of other resolutions from the conference, such as ensuring the full participation of women in transitional justice processes and establishing a body to oversee the selection of commissioners for appointment by the president.
“Once these two bodies, the CTRH and CRA are established following the enactment of the bills, then a way would be paved for the Hybrid Court,” Deng said. “If these two bodies are not instituted and the accountability aspect of the agreement is not implemented effectively, then people who are suspected could make their way through elections and become leaders later.”
“They will then stall accountability and transitional justice because they will be in power and no one wants to allow the establishment of bodies that will hold them accountable,” he added.
As the nation reflects on the first anniversary of the National Conference on Transitional Justice Mechanisms, it is evident that concerted efforts are needed to move the stalled transitional justice process forward. With calls for accountability and action echoing from civil society and advocacy organizations like the ISS, the time is ripe for South Sudan to take tangible steps toward achieving meaningful transitional justice outcomes that will contribute to healing, reconciliation, and sustainable peace in the country.