Civil Society Statements on the Establishment of a Commission of Inquiry
into Atrocities Committed During the Conflict in South Sudan

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Civil Society Statements on the Establishment of a Commission of Inquiry
into Atrocities Committed During the Conflict in South Sudan

25 January 2014

We, the undersigned African civil society organizations, welcome the
decision of the African Union Peace and Security Council (AUPSC) to
establish a commission of inquiry to investigate human rights violations
and other abuses committed by all sides during the armed conflict in South
Sudan. According to the AUPSC communiqué of 30 December 2013, the
commission of inquiry will make recommendations on the best ways to ensure
accountability, reconciliation and healing among South Sudanese communities.

This commission of inquiry is an important first step towards understanding
the nature of the atrocities committed during the conflict and can help set
the stage for future efforts to secure justice and accountability through
national, regional or international mechanisms.

We therefore urge the AUPSC to take into account the following
recommendations with respect to the formation of the commission of inquiry,
the development of its terms of reference, and the implementation of its
mandate:

   1. Move quickly to develop the terms of reference for the commission of
   inquiry, appoint its members and ensure that it commences work immediately.
   The AUPSC should proceed with the creation of the commission of inquiry
   irrespective of the status of the ceasefire agreement signed on 23 January
   2014 and of any future negotiations between the parties.


   1. Mandate the commission of inquiry to investigate violations of
   international human rights and humanitarian law; seek to identify those
   responsible for crimes with a view to ensuring they are held accountable;
   document events; and provide recommendations for holding perpetrators
   accountable and for providing justice and truth to victims. These are all
   essential elements for fostering national reconciliation.


   1. Consult civil society on the establishment of the commission of
   inquiry, including its terms of reference and membership. The commission of
   inquiry should be required to consult regularly with civil society and
   other stakeholders on the implementation of its mandate.


   1. Seek technical assistance and cooperation from the United Nations
   (UN) Office of the High Commissioner for Human Rights (OHCHR) in drafting
   the terms of reference; in identifying and recruiting experienced staff;
   and in developing modalities for information sharing on human rights
   violations, including information held by the United Nations Mission in
   South Sudan (UNMISS).


   1. Ensure that the membership of the commission of inquiry is composed
   of persons of known independence, impartiality, integrity and competence
   for the task, and that it is adequately supported by country experts and
   experts in international human rights and humanitarian law, sexual and
   other gender-based violence, forensic investigations, ballistics,
   reconciliation and healing, and other relevant fields.


   1. Require all parties to the conflict to publicly endorse and fully
   cooperate with the commission of inquiry.


   1. Provide the commission of inquiry with sufficient time to carry out
   its mandate, given the complexity of context in South Sudan, the scale of
   the violence and logistical challenges associated with operations in rural
   parts of the country.


   1. Ensure that the commission of inquiry enjoys full independence and
   can work without interference from the authorities or other bodies under
   investigation; and that it is provided with sufficient security to carry
   out its task, but not so as to restrict its freedom of movement and inquiry.


   1. Ensure that the commission of inquiry acts in accordance with best
   practices for investigations into serious crimes under international law;
   that it has powers to compel attendance and cooperation of witnesses; and
   that its reports are promptly made public.


   1. Ensure that the commission of inquiry is supported by sufficient
   financial and human resources to fully carry out its mandate.


   1. Immediately undertake actions, in cooperation with UNMISS, OHCHR and
   other relevant agencies, to ensure the security of witnesses, victims and
   intermediaries, as well as the integrity of evidence which may be of use to
   the commission of inquiry.

We hope that the AUPSC will consider these recommendations in its
deliberations regarding the commission of inquiry. We look forward to
supporting the work of the commission of inquiry once it is established.

SIGNED

   1. Citizens for Peace and Justice (CPJ) in South Sudan
   2. Community Empowerment for Progress Organization (CEPO)
   3. Centre for Citizens Participation on the African Union (CCPAU)
   4. Pan African Lawyers Union (PALU)
   5. Oxfam International
   6. Human Rights Institute of South Africa
   7. Coalition for an Effective African Court on Human and Peoples' Rights
   8. South Sudan Women for Peace Mission
   9. Forum on Sudan and South Sudan
   10. Kenya Human Rights Commission (KHRC)
   11. Rwanda News Agency (RNA)
   12. Sudan Consortium
   13. FAHAMU
   14. Let Her Voice Near Advocacy Campaign (Oxfam Sudan partner)
   15. Centre for Studies of Violence and Reconciliation
   16. South Sudan Women Empowerment Network (SSWEN)

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