A glimmer of progress on transitional justice despite fragile peace in South Sudan
- Mariana Goetz
- 2 days ago
- 3 min read
Updated: 2 hours ago
South Sudan’s peace process remains precarious, nearly six years after the signing of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS). While insecurity continues in parts of the country, including recent violence in Nasir County in Upper Nile State and core aspects of the peace deal have stalled, the transitional justice agenda seems to be progressing with caution.
Currently, key civil society actors in South Sudan are following moves from the Ministry of Justice to establish a Selection Panel that is to call for, shortlist and vet potential Commissioners for the CTRH.
Against all odds, two laws establishing the Commission for Truth, Reconciliation and Healing (CTRH Act 2024) and the Compensation and Reparation Authority (CRA Act 2024) came into force on 11 November 2024. These follow a public consultation process on the drafting of the laws back in 2022. Rights for Peace and key partners such as the Centre for Inclusive Governance Peace and Justice (CIGPJ) have been advocating for an inclusive process of submissions for some years, including this paper on victims' rights .
The provisions in the Acts themselves are quite promising, including:
an elaborate process for the selection of the Commissioners;
designed to build trust and confidence;
protective measures for victims and witnesses;
integration of psychosocial support services;
provision for all licensed media outlets to cover the processes;
the possibility of interim reparation to be awarded to victims and witnesses during the life of the Commission;
amnesties not being allowed for genocide, war crimes, crimes against humanity or serious crimes under South Sudanese law, with requirements for truthful and full disclosure of violations along with other criteria;
a mandate to independently publish the final report in the media as well as for it to be debated by the National Assembly;
a requirement for the Commission's recommendations to be translated into a government programme to be debated by the National Assembly; and
a mandate for the Human Rights Commission of South Sudan and the Ministry of Justice to monitor implementation of the programme.
Public engagement in selecting Commissioners
The CTRH Act 2024 sets out an elaborate process for the selection of the Commissioners by an independent Selection Panel made up of civil society members, including a victim advocate, a person with disabilities, a religious leader, a youth leader, a women leader, an eminent personality, etc.
The 9-person Panel will make a public call for applications and once it has decided on a shortlist, which it will publish in the media, giving the public 7 days to make comments and provide feedback.
The Selection Panel's final list shall also be released to the public at the same time as it is sent to the Ministry of Justice, who will transmit it to the National Assembly for vetting, and only then sent to the President for appointment.
The process is designed to build trust and confidence, and relies heavily on civil society with minimal involvement of the government - as long as it can operate meaningfully within the given context.
Operating within a reduced civic space and insecurity?
If sufficiently resourced, a key challenge for the future Commission will be its capacity to operate within a shrunken civic space and amidst other delays to the peace process. Some argue that elections, a constitution and security reform should come first.
To put the transitional justice process into context, as of May 2025, national elections in South Sudan are not expected any time soon. In September 2024, the government announced a two-year postponement, rescheduling elections for December 2026. The delay was attributed to the need for additional time to conduct a national census, draft a permanent constitution, and register political parties.
At the same time, political tensions have intensified. In early 2025, Vice President Riek Machar was placed under house arrest, leading to divisions within his party, the Sudan People's Liberation Movement-In-Opposition (SPLM-IO) . These developments have further strained the fragile peace established by the 2018 Peace Agreement between President Salva Kiir and Machar.
When one considers a Truth Commission operating in such a context, it takes courage to imagine honest truth telling about human rights violations and abuses. Currently, the instability and tensions seem almost prohibitive as people keep a low profile. People fear reprisals for what they may say in a public and free speech is limited. Civil society actions are closely monitored, with all activities requiring approval. It is paramount that the future Commission be able to freely hold hearings and ensure the protection of victims and witnesses. Provisions for this are in the law but how they will play out in practice remains to be seen.
View the Commission for Truth, Reconciliation and Healing Act 2024 and the Compensation and Reparation Authority Act 2024