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Civil Society Call for Inclusive Transitional Justice Process

Juba, South Sudan,

December 9, 2021 – A high-level stakeholders’ conference has called on the civil society organizations and the government to create a safe environment for public consultations and agreement on the implementation of the transitional justice institutions in South Sudan.

South Sudan Law Society Board chair, John Clement Kuc (R) and programme coordinator, Farouk Ismail Ukach speaking to journalists in Juba, December 8, 2021 (Photo credit: SSLS/Nyamilepedia)

The call emerged at the end of a high-level stakeholder’s conference organized by South Sudan Law Society (SSLS) in the South Sudanese capital, Juba on Wednesday.

In his opening remarks at the opening of the conference, the interim chairperson of the peace monitoring body (R-JMEC), Maj. General Charles Tai Gituai acknowledged the Council of Minister’s resolution endorsing a roadmap for the implementation of Chapter V of the revitalized peace agreement.

 “This convening provides a great opportunity for the leaders in the room to fashion strategies that enable survivors to be at the core of transitional justice efforts. By doing so, we will develop a context specific transitional justice program for South Sudan where the common objectives of Chapter V, truth, reconciliation, healing, compensation and reparation are supported,” he said.

Chapter V of South Sudan’s revitalized peace agreement deals with transitional justice and establishment of mechanisms to promote accountability, truth, reconciliation and healing in South Sudan.

Gituai said the peace monitoring body will remain focused on its monitoring and oversight mandate, keeping a close eye on survivors’ participation and engagement in South Sudan’s transitional justice processes. 

South Sudan Law Society board chair, John Clement Kuc said the transitional justice mechanisms will address human rights violation issues in the country. 

“The Transitional Government of National Unity must show the political will towards the establishment of the transitional justice mechanisms,” he stressed.

Beny Gideon Mabor, a Commissioner at South Sudan Human Rights Commission (SSHRC) emphasized the need for an independent Commission for Truth, Reconciliation and Healing (CTRH).

“The independence of a commission is defined by its ability to apply its legal mandate free of actual or apparent pressure, unwarranted influence or dependence on any other person whether legal or natural person,” he said.

Beny called for a transparent and competitive selection and appointment of commissioners through a consultative process, with input from different sectors of society, victims and other marginalized groups.

South Sudan Law Society’s Program Coordinator, Farouk Ismail Ukach commended the ongoing mutual cooperation between the civil society government and partners in the implementation of the peace deal.

He urged government to ensure holistic and gender-sensitive legislation on transitional justice institutions that ensure protection of victims, witnesses and survivors in the course of transitional justice exercise.

“We calls on the government to enact a legislation that recognizes victims, witnesses, and survivors in the center stage of the transitional justice processes and the said laws should ensure a consultative and transparent selection and appointment of commissioners and other relevant staff,” stressed Ukach. 

The various stakeholders further recommended that all consultations on transitional justice be geared towards promoting unity in diversity, stressing that implementation of Chapter V must be inclusive and reflective of our diverse views and experiences to foster forgiveness, harmony and national healing.

The United Nations Peacebuilding Fund supported the event on the theme, “Towards Inclusive and Survivors’ Centered Transitional Justice in South Sudan”. 

Stakeholder also deliberated and passed the following recommendations:

  1. Commends the ongoing mutual cooperation between South Sudan Civil Society organizations and networks with RTGoNU and the development partners in the implementation of the R-ARCSS 2018; 
  2. Calls on the RTGoNU and the development partners to speed up the release of financial and other material resources into the implementation of the transitional justice institutions in particular the ongoing Technical Committee for Establishment of the Commission for Truth, Reconciliation and Healing to accomplish its tasks;
  3.  Strongly call on the RTGoNU to ensure holistic and gender-sensitive legislation on the transitional justice institutions that ensure protection of victims, witnesses and survivors in the course of transitional justice exercise;
  4. Calls on the RTGoNU to enact a legislation that recognizes victims, witnesses, and survivors in the center stage of the transitional justice processes and the said laws should ensure a consultative and transparent selection and appointment of commissioners and other relevant staff;
  5. Appeal to the developmental partners to provide financial, technical and capacity building programme for civil society organizations, victims, survivors, and witnesses in continuous understanding of their roles in the implementation of the transitional justice process. 
  6. The civil society organizations and other stakeholders embark on civic education and awareness raising on transitional justice institutions to create safe environment for public consultation and agreement on the implementation of transitional justice institutions. 

The South Sudan Law Society (SSLS) is a civil society organization in Juba. Its mission is to strive for justice in society and respect for human rights and the rule of law in South Sudan.

SSLS manages projects in a number of areas, including legal aid and paralegal training, human rights awareness-raising and capacity-building for legal professionals, traditional authorities, and government institutions.

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