AU's Efforts for Justice in South Sudan

The African Union (AU) made a big move in February 2019 by adopting the African Union Transitional Justice Policy (AUTJP) during a summit in Addis Ababa, Ethiopia. This important policy was developed over almost ten years. It aims to include everyone in governance, making it one of the AU's key policies.

The AUTJP defines transitional justice as a mix of formal, traditional, and informal methods that societies use to address past wrongs, divisions, and inequalities. Its main goal is to create a safe environment for democracy and socio-economic change. The policy sets out a clear framework to promote justice, healing for victims, reconciliation, and accountability in areas recovering from conflict or authoritarian rule.

After adopting the AUTJP, the AU created a detailed Implementation Roadmap, which all member states approved in February 2019. This process included active involvement from non-state actors and advocacy efforts. This helped the policy gain acceptance at both national and regional levels.

The initial Roadmap (2020, 2024) includes several key areas, with technical support for AU member states to build and execute transitional justice mechanisms based on the AUTJP. This support was particularly important for South Sudan, which has requested help in this area.

The AU has provided support to various member states and regional groups. Following the AUTJP framework, the AU offered targeted technical help. For instance, it sent experts to The Gambia, which also received the AU’s draft African Transitional Justice Policy to guide its national framework. Similar assistance has gone to Ethiopia, Nigeria (especially the North-East), Lesotho, Zimbabwe, the Democratic Republic of Congo (DRC), Central African Republic (CAR), Sierra Leone, and Liberia.

Regional bodies like IGAD, ECOWAS, SADC, and the Lake Chad Basin Commission have also received help from the AU. This support includes expert deployment, grants for civil society organizations, policy brief development on transitional justice, conferences for sharing international experiences, and frameworks for mental health and psychosocial support.

In South Sudan, the AU’s support for transitional justice is linked to the 2018 Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS). Chapter V of this agreement details the creation of three transitional justice bodies: the Commission for Truth, Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS), and the Compensation and Reparation Authority (CRA).

I have a personal connection to South Sudan. I worked as a technical expert with the African Union Commission of Inquiry on South Sudan, led by former Nigerian President Olusegun Obasanjo. My time in different states during the conflict was tough and emotional.

Seeing the suffering of the people has stayed with me. It has made me committed to peace and justice in the country. South Sudan has asked the AU for help in setting up its transitional justice mechanisms. But progress has been slow, especially for the Hybrid Court, due to limited government cooperation with the AU.

The AU’s support for South Sudan’s transitional justice is tied to the 2018 R-ARCSS. Chapter V of this agreement lays out the formation of three transitional justice bodies: the CTRH, the HCSS, and the CRA. The agreement also gives specific responsibilities to the AU and UN for implementing these bodies. Articles 5.1.4, 5.1.5 require the AU, UN, and AU Commission to work with the South Sudanese government on these institutions.

The AU and UN have provided different levels of technical and financial support, yet real progress is still lacking, especially for the Hybrid Court. The AU’s Department of Political Affairs, Peace and Security helped organize South Sudan’s first national consultative conference on transitional justice. This led to the drafting and signing of legislation for the CTRH and CRA by President Salva Kiir Mayardit in November 2024.

While the CRA Act may not need much direct AU support, the CTRH Act states that the AU Chairperson and the UN Secretary-General must recruit three non-South Sudanese commissioners, as per Chapter V of the R-ARCSS. A joint AU-UN technical committee shortlisted six candidates for these roles. However, the selection has been delayed due to issues like pay, security, and accommodation for the commissioners.

The government has also struggled to meet timelines, especially with upcoming elections. This shows more challenges in implementing transitional justice. The good news is that the AU/UN have top experts ready to help. Now, it’s South Sudan’s job to choose three out of the six candidates.

It’s clear that without focusing on transitional justice, especially accountability and reconciliation, any political changes might be shallow and not bring real change. The South Sudanese government needs to set aside funding for this, involve civil society, and ensure all groups, including youth, women, and disabled persons, are included in the justice process.

As elections in South Sudan draw near, they have become a hot topic. But holding elections without addressing social justice can harm the chances for lasting peace and change. If the root causes of conflict and inequality are not tackled through effective transitional justice, the credibility of any elections will be in doubt. Therefore, the full implementation of transitional justice should be a priority, regardless of the December 2026 elections, to help the society heal and build a solid foundation for peace.

The international community should step up support for South Sudan’s transitional justice and peace efforts. Lessons from Sudan can guide better implementation strategies. Civil society groups focused on transitional justice should be encouraged to advocate for accountability and track progress. The Joint Monitoring and Evaluation (JME) subcommittee should create a strong oversight framework. IGAD’s role has been limited, but it should also focus on providing financial support.

Moreover, the AU and UN need to strengthen their support for South Sudan’s transitional justice. Given the country’s diverse languages and ethnic groups, it is crucial for the National Assembly to set official languages for transitional justice proceedings. This will help communication and inclusion during hearings and operations.

In conclusion, South Sudan is still on a journey. The path to lasting peace and development is ongoing. To achieve sustainable peace and effective political and economic systems, all three transitional justice bodies must be prioritized and implemented well. As the youngest country, South Sudan needs strong support from both local and international partners. Everyone must commit to these transitional justice efforts to foster real social reconciliation and political change for a brighter future.