Why ? Because atrocities endured throughout this year by civilians must no go unpunished if South Sudan is to engage on the path of long-lasting peace. Those responsible for extra-judicial killings, enforced disappearances, rapes and other forms of sexual violence, looting, destruction of property, arbitrary arrests and detention, forced recruitment of children, forced displacement of thousands of civilians must no go unpunished. While the debate over sequencing peace and justice in South Sudan is being revived, it’s important to remember that decades of impunity for past crimes have led to the current situation and have prevented the country to focus solely on its own construction : construction of the rule of law, strengthening of the State institutions, consolidation of the economy, delivery of basic services to the population, protection and respect of fundamental rights and freedoms. This time there has to be a departure from the practice of peace deals accommodating the protagonist while ignoring accountability for serious crimes. It may be possible to break the cycle of impunity by ensuring that any peace agreement between the parties includes the establishment of mechanisms of justice.
How ? The documentation of the crimes committed during the conflict has been entrusted to the African Union (AU). The AU Commission of Inquiry went to South Sudan on several occasions, collected evidence on the crimes, gathered testimonies from victims, from civil society organizations, from state representatives and other stakeholders and has potentially identified those allegedly responsible. Its report is said to have been finalized.FIDH fact-finding mission in South Sudan noticed that this report was highly awaited by various actors, especially in a context where impunity continue to prevail. This report must be released without further delay and must be fully integrated into the current peace talks. We expect this report will constitute the basis for the establishment of appropriate mechanisms of justice. Keeping in mind the gravity of the crimes perpetrated and considering the state of the administration of justice in South Sudan, we consider that these mechanisms should include a special court system to be set up within the national judiciary which would provide for South Sudanese and specially trained foreign investigators and judges to continue the investigations and try perpetrators of international crimes. These mechanisms should also include the establishment of a Truth and Reconciliation Commission to permit a truth revealing/memorization process which will give communities a chance to rebuild trust and relations and learn to live together and build their country. These mechanisms will have to guarantee the participation of victims into the proceedings and provide measures for their protection and the protection of witnesses. In the current climate, it will likely require the support of the international community to ensure that these mechanisms are independent, impartial, that they have the material and human resources necessary to the conduct of their mission and to ensure that victims and witnesses do not become subject to further violence.
Such mechanisms will require the involvement of all the forces of the South Sudan : human rights defenders, lawyers, psycho-social workers, historians, traditional leaders will have to be fully associated to ensure wide appropriation of the process and to serve the long-lasting peace.
Karim Lahidji is the President of FIDH and Arnold Tsunga is the Africa Director at the International Commission of Jurists (ICJ) and a former Vice President of FIDH.