Introduction to Transitional Justice in South Sudan
Transitional justice refers to the set of judicial and non-judicial measures implemented by countries to address legacies of widespread human rights abuses, violence, or conflict. These measures often include criminal prosecutions, truth commissions, reparations programs, and institutional reforms, all aimed at achieving accountability, justice, reconciliation, and lasting peace.
Background: The Context of South Sudan
South Sudan, the world’s youngest nation, gained independence from Sudan in 2011 after decades of civil war. However, internal conflict erupted again in December 2013, leading to grave human rights violations, mass displacement, and deep social divisions. The cycles of violence have left communities traumatized and institutions weakened.
Why Transitional Justice?
In South Sudan, transitional justice is seen as essential for:
Addressing past atrocities: Including killings, sexual violence, forced displacement, and destruction of property.
Promoting healing and reconciliation: Helping victims and perpetrators confront the past and rebuild trust.
Establishing accountability: Ending impunity for serious crimes and preventing future abuses.
Building sustainable peace: Creating conditions for coexistence and development.
Key Transitional Justice Mechanisms in South Sudan
The 2015 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) outlines several transitional justice mechanisms:
Hybrid Court for South Sudan (HCSS): A special court, to be established with the African Union, mandated to investigate and prosecute individuals responsible for serious crimes committed since December 2013.
Commission for Truth, Reconciliation and Healing (CTRH): A body to document abuses, promote dialogue, and foster national healing.
Compensation and Reparations Authority (CRA): An institution to provide compensation and support to victims of conflict-related abuses.
Challenges and Progress
While these mechanisms are promising, their implementation has faced delays due to political instability, lack of resources, and limited political will. Civil society organizations, international partners, and local communities continue to advocate for meaningful progress, emphasizing that transitional justice is crucial for breaking the cycle of violence and building a peaceful, just society.
Conclusion
Transitional justice in South Sudan is a vital process for addressing the wounds of the past, ensuring accountability, and laying the foundation for a stable and inclusive future. Its success depends on genuine commitment from leaders, active participation of citizens—especially youth and women—and sustained support from the international community.
by Ayany Akec Ayany,
Executive Director, Youth Affairs Centre for Africa (YACA)