The AU and the struggle for transitional justice in South Sudan

The African Union (AU), as the premier inter-governmental political institution in Africa, took a significant step in February 2019 by adopting the historic African Union Transitional Justice Policy (AUTJP) during a summit held in Addis Ababa, Ethiopia. This transformative policy framework, developed over nearly a decade, embodies a comprehensive and participatory approach that engaged both demand and supply sides of governance, rendering it one of the AU’s most valued policy instruments.

The AUTJP articulates transitional justice as a suite of formal, traditional, and non-formal measures and institutional mechanisms that societies adopt through inclusive, consultative processes to redress past violations, divisions, and inequalities. Its overarching aim is to foster conditions conducive to security, democratic governance, and socio-economic transformation. The policy delineates a detailed continental framework aimed at promoting justice, victim healing, reconciliation, and accountability in post-conflict and post-authoritarian contexts.

Following the adoption of the AUTJP, a comprehensive Implementation Roadmap was formulated and subsequently endorsed by all AU member states in February 2019. Notably, the development process was characterized by robust engagement of non-state actors and strategic advocacy, which significantly contributed to the policy’s national and regional acceptance.

The initial Roadmap (2020–2024) encompasses various pillars, with one of the core components being technical assistance and support to AU member states in developing and operationalizing transitional justice mechanisms in alignment with the AUTJP. This provision laid the groundwork for technical support to member states requesting assistance, including the Republic of South Sudan.

It is pertinent to briefly highlight some of the AU’s support efforts across member states and regional economic communities (RECs). Utilizing the AUTJP as a guiding framework, the AU commenced targeted technical assistance, such as seconding experts to countries like The Gambia, which also received the AU’s draft African Transitional Justice Policy to inform its national framework. Similar support has been extended to Ethiopia, Nigeria (specifically the North-East), Lesotho, Zimbabwe, the Democratic Republic of Congo (DRC), Central African Republic (CAR), Sierra Leone, and Liberia. Regional entities such as IGAD, ECOWAS, SADC, and the Lake Chad Basin Commission have also benefited from AU support, which includes expert deployment, civil society organization (CSO) advocacy grants, policy brief development on transitional justice, international experience-sharing conferences, and frameworks for psychosocial support (MHPSS).

Turning specifically to South Sudan, the country has been a country of profound personal interest to me. I had the privilege of serving as one of the technical experts supporting the African Union Commission of Inquiry on South Sudan, which was headed by former Nigerian President Olusegun Obasanjo. My visits to numerous states across South Sudan during the height of the conflict were deeply overwhelming and harrowing experiences. Witnessing firsthand the devastation and human suffering endured by the people has left an indelible mark on me and has fostered a lasting commitment to the pursuit of peace and justice in the country.it is notable that the country formally requested AU assistance to implement its transitional justice mechanisms. Despite this engagement, progress on establishing accountability mechanisms, particularly the Hybrid Court for South Sudan, has been hindered by limited government responsiveness and cooperation with the AU.

The AU’s support to South Sudan’s transitional justice efforts was strategically anchored in the 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS). Chapter V of this agreement explicitly outlined the establishment of three transitional justice mechanisms: the Commission for Truth, Reconciliation and Healing (CTRH); the Hybrid Court for South Sudan (HCSS); and the Compensation and Reparation Authority (CRA).

The agreement further assigned specific roles to the AU and UN in implementing these mechanisms. Under Articles 5.1.4–5.1.5, the AU, the UN, and the AU Commission were tasked with collaborating with the South Sudanese government to design and operationalize these institutions. The AU and UN have provided varying degrees of technical and financial support, but substantive progress remains elusive particularly concerning the operationalization of the Hybrid Court.

In this context, the AU’s Department of Political Affairs, Peace and Security, along with other stakeholders, facilitated the first ever transitional justice national consultative conference in South Sudan which led to the drafting and enactment of legislation for the CTRH and CRA, signed into law by President Salva Kiir Mayardit in November 2024. While the CRA Act’s operationalization appears to entail minimal direct AU support, the CTRH Act explicitly assigns the AU Chairperson and the UN Secretary-General the responsibility for recruiting three non-South Sudanese commissioners, pursuant to Chapter V of the R-ARCSS.

The process for shortlisting these commissioners involved a joint AU-UN technical committee, which shortlisted six candidates for consideration. The final selection process, however, was delayed due to unresolved issues concerning remuneration, residency, security, accommodation, and interpretation provisions for the non-South Sudanese commissioners. Moreover, the government’s failure to adhere to prescribed timelines amid the political preoccupations of upcoming elections underscores the persistent challenges to transitional justice implementation. The good news is that the AU/UN got first class professional experts suitable for purpose. It is now left for South Sudan to appoint their three preferences (two men and one women) among the six candidates.

It is imperative to emphasize at this juncture that without prioritizing transitional justice particularly criminal accountability, justice, and reconciliation, any political transition risks being superficial, lacking genuine socio-political and economic transformative impact. The South Sudanese government must therefore allocate provisional funding, facilitate civil society participation including youth, women, persons with disabilities, and elders and ensure a comprehensive, inclusive approach to justice mechanisms.

As the South Sudanese general election approaches, it has become a focal point of national and international discourse. However, it is crucial to recognize that conducting elections on a fragile social justice foundation risks undermining the prospects for sustainable peace and socio-economic transformation. Without addressing the root causes of conflict, division, and inequality through comprehensive transitional justice measures, the legitimacy and durability of any electoral process remain questionable. Therefore, the full implementation and prioritization of transitional justice must be pursued diligently, independent of the December 2026 general elections, to ensure that the society heals, reconciles, and builds a resilient foundation for lasting peace and development.

The international community must intensify its support, both technically and financially, to advance South Sudan’s transitional justice and peaceful agenda. Lessons learned from neighbouring Sudan’s experience should inform effective implementation strategies. Civil society coalitions specializing in transitional justice should be empowered to advocate for accountability and monitor progress, while the Joint Monitoring and Evaluation (JME) subcommittee should proactively develop a comprehensive framework for oversight. Although IGAD’s involvement has been limited compared to other peace initiatives, the agency should prioritize intervention through targeted financial support.

Furthermore, the AU and UN should reinforce their commitment to supporting South Sudan’s transitional justice processes. Given the country’s diverse linguistic and ethnic landscape, a critical step involves the National Assembly designating official languages for transitional justice proceedings. Such clarity will facilitate effective communication and inclusivity during hearings and institutional operations.

In conclusion, South Sudan remains a work in progress, with its path toward lasting peace and development still unfolding. To realize a sustainable peace and establish transformative political and economic systems, all three transitional justice mechanisms must be prioritized and effectively implemented. As the world’s youngest nation, South Sudan requires unwavering support and assistance from both domestic and international stakeholders. It is incumbent upon all parties to commit to these transitional justice efforts, fostering genuine social reconciliation and political transformation that will lay the foundation for a brighter future for the nation.

Ikubaje PhD is the head, transitional justice unit, African Union Commission, Addis Ababa, Ethiopia

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Source: https://www.thecable.ng/the-au-and-the-struggle-for-transitional-justice-in-south-sudan/