The UN Commission on Human Rights in South Sudan has lauded the recent cabinet endorsement for an establishment of a hybrid court. But the body has challenged the government of national unity to also ensure that the victims of war and human rights violation get justice in the reconciliation process.
The commission said it was critical for the South Sudanese government to oversee smooth and quick implementation of the 2018 peace agreement for credibility.
“If the Government of South Sudan is to retain any credibility whatsoever, the political rhetoric must translate into tangible and genuine results,” Commission Chair Yasmin Sooka said. Sooka had extra appeal for the government.
“Most critically, the Government must complete all the processes of reconstituting the Transitional National Legislative Assembly, which is to enact the domestic legislation for establishing the three transitional justice mechanisms under the 2018 Agreement. The Commission has provided benchmarks to the Government on the speedy implementation of the commitments under Chapter V.”
But for Commissioner Andrew Clapham, those who perpetrated crimes against humanity must be brought to book.
“Meanwhile, those responsible for war crimes and continuing human rights violations have been emboldened by a system that permits impunity for torture, enforced disappearances, and atrocity crimes,” he said.
Another commissioner, Barney Afako suggested: “Given the approval of the Cabinet, the Government should now take immediate steps to sign the memorandum of understanding with the African Union and adopt the draft Statute to establish the Hybrid Court.”
“It should also initiate broad-based and inclusive national consultations so that South Sudanese can contribute towards the formation of the other transitional justice processes, especially the truth commission,” he added.
On Friday, January 29, the South Sudanese cabinet met and endorsed an establishment of African Union Hybrid Court to help in the realisation of justice and reconciliation.
The process involves the reconstitution of the Commission for Truth, Reconciliation, and Healing to probe human rights violations during conflicts, setting up the court to try human rights violators and a Compensation and Reparation Authority to administer funds to the victims.
On Sunday, January 31, African Union Commission Chairperson Moussa Faki Mahamat praised the process and offered unwavering support for the healing and reconciliation mechanism.
‘‘The Chairperson notes with appreciation that this decision puts an end to the delays in establishing the Court, transitional justice, accountability, reconciliation and healing institutions in order to bring justice and healing to all South Sudanese,’’ Au notes in a statement released on January 30.
‘‘The African Union Commission looks forward to work with the Government of South Sudan to ensure the finalization and signing of the Memorandum of Understanding on the establishment of the Court at the earliest opportunity.’’