TGONU should expedite establishment of transitional justice institutions
The Transitional Government of National Unity (TGoNU) should expedite the establishment of the transitional justice institutions enshrined in chapter five of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS).
Chapter five of ARCSS is one of the most important chapters that have never been implemented at all since it was signed in August 2015 and two years have passed since then. Chapter five is the heart of the peace agreement. If acts as litmus test to South Sudanese’s ability to deal with post-conflict human rights violation and deliver justice to the victims of the conflict.
If this chapter is implemented in letter and spirit, it would create a great opportunity for South Sudan as a nation to make history by winning the confidence if the victims of the conflict and winning the respect from the regional and international community. The onus is on the government to test its ability whether it can deliver justice to its own citizens who are victims of the four-year conflict or not.
As such, the TGoNU as a moral and political responsibility to collaborate with the African Union in order to expeditiously establish the transitional justice institutions such as; the Commission for Truth, Healing and Reconciliation (CTRH), Hybrid Court for South Sudan(HCSS) and Compensation and Reparation Authority(CRA).
These transitional justice institutions are key milestones in the peace agreement, which would determine whether the agreement has been implemented in good faith or not. Failure to implement chapter five of the ARCSS, would seem as if the entire peace agreement has not been implemented, because transitional justice is the heart of the agreement.
The victims of the conflict cannot wait too long for justice to be delivered, because “justice delayed is justice denied”. They need to see those who committed crimes against them and against their loved ones are punished or at least identified and then it would be upon the victims themselves to forgive those people or allow the hybrid court to punish them. There is no excuse for delaying the establishment of the transitional justice institutions from either: the TGoNU or the African Union. No party deserves to be exculpated from delivering justice to the victims.