Transitional justice is a crucial aspect of any peace agreement, as it seeks to address past human rights violations and promote reconciliation.
Chapter 5 of South Sudan’s 2018 peace agreement addresses issues related to the establishment of transitional justice mechanisms and measures to promote accountability, reconciliation, and healing in the world’s youngest country.
The implementation of the chapter has however been delayed. While the agreement was signed in September 2018, progress towards the implementation of transitional justice mechanisms has been slow and uneven.
The Hybrid Court, an important element of chapter five of the revitalized peace agreement, has not yet been established by the transitional government. The Truth, Reconciliation and Healing Commission has not yet been formed as well.
In a statement signed by its Executive Director Edmund Yakani, CEPO called on the government to engage the public on the transitional justice, stressing importance of this process in the conduct of a free and fair election.
“CEPO is urging the government of national unity to expedite and engage the public in operationalization of chapter 5 of the R-ARCSS on transitional justice if really the political leadership wants the country to go for conduct of national general elections,” CEPO said in a statement extended to Sudans Post on Friday night.
“Actualizing the transitional justice enshrined in chapter 5 of the R-ARCSS is essential and paramount for laying down conducive environment for successful political transitional from violence to peace. Majority of our political leaders are running the public institutions with attitude of political revenge, political ego and emotions, political personal interest internet expenses of other social services and these are reasonable indicators of traumatized political leaders,” the statement added.
The strong-worded statement said that “Moving to conduct general national political elections with these type of political attitudes before functional transitional justice in place the chances of country break into violence.”
“The country needs urgent engagement on space of transitional justice before crossing to next year 2024 which is a year of political elections for transfer political power. The chance for occurrence of violence is high unless the transitional justice institutions are established and functional early enough before June, 2023,” Yakani said.
CEPO further said that its Transitional Justice Resource Center “is urging the national government to speed up enactment on the transitional justice legislations for help in public civic education on transitional justice.”
The transitional government of national unity was formed in February 2020, following delays and setbacks in its formation. The transitional period was expected to last in February 2023 (after a period of 36 months) but was extended by 24 months through February 2025.
Though the parties have set elections for December 2024, progress towards critical reforms has been slow.
This has sparked concerns about the feasibility of holding credible and inclusive elections in the current context of ongoing violence and insecurity, limited infrastructure and resources, and a lack of trust between political parties and communities.
CEPO further urged the media, civil society organizations, private sector, academia and religious leaders to get engaged in transitional justice civic education.