Ending impunity: Unity gov’t urged fast-track establishment of Hybrid Court

The shadows of the brutal 2013 and 2016 civil wars still haunt the streets of Juba and the peaceful villages across South Sudan. While many survivors have healed physically, the psychological torture and longing for justice persist among many citizens.

This week, the Transitional Justice Working Group (TJWG), a civil society coalition, raised its voice again after convening a quarterly forum in Juba to address stalled progress, urging the Transitional Government of National Unity to confront the painful past by immediately establishing the long-promised Hybrid Court.

Provided for in Chapter V of the 2018 peace agreement, there has been no progress made in establishing the Hybrid Court to address injustices and hold war perpetrators accountable and provide justice to victims.

In a statement on Friday, TJWG warned that continued delays are undermining justice for victims of the civil war and placing the country’s fragile peace at risk.

The group emphasized that without a credible judicial body to hold perpetrators accountable, the foundational promises of the 2018 peace agreement remain unfulfilled, impeding national healing and reconciliation.

This call comes amid rising concerns over the slow implementation of critical components of the peace agreement.

TJWG stressed that without accountability for past atrocities, the nation’s path to lasting peace remains risky.

The forum assessed the current status and challenges in advancing transitional justice, concluding that delays in operationalizing key institutions are a primary obstacle to national healing and reconciliation.

Participants stressed the urgent need to establish not only the Hybrid Court but also the Commission for Truth, Reconciliation, and Healing (CTRH).

“Delays in their operationalization impede the pursuit of truth, accountability, and healing, undermining the reconciliation process, trust-building, and the attainment of durable peace in South Sudan,” the group warned in their press release.

Another key concern raised by the TJWG is the politicization of the justice process. The group called on all political parties and their affiliates to refrain from interference and recommended establishing “clear and enforceable consequences” for any attempts to obstruct justice.

While emphasizing a victim-centred approach, the forum’s final declaration stressed the necessity of including victims, survivors, women, youth, and marginalized communities in the design and implementation of all transitional justice mechanisms.

The TJWG concluded with a broad appeal to all stakeholders, including national leaders, regional bodies like the African Union (AU) and the Intergovernmental Authority on Development (IGAD), as well as international partners such as the United Nations, the Troika countries, and the European Union, to “honor their commitments and ensure that justice is neither delayed nor compromised.”

This call for action follows earlier pleas from other watchdog organizations. Edmund Yakani, Executive Director of the Community Empowerment for Progress, previously urged President Salva Kiir to prioritize the establishment of these institutions.

His appeal came after President Kiir signed both the Commission for Truth, Reconciliation, and Healing Act and the Compensation and Reparation Authority Act into law in November 2024.

These laws are intended to provide the legal framework for investigating human rights abuses from the 2013 and 2016 conflicts and for providing reparations to victims and their families.

However, tangible progress on the ground has been slow to materialize, prompting renewed and urgent calls from civil society.

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