South Sudan parliament passes bills to enable formation of hybrid court

JUBA – The Transitional National Legislative Assembly (TNLA) on Tuesday passed two crucial bills that will pave the way for the establishment of a Hybrid Court to try crimes committed during South Sudan’s prolonged conflict.

The Commission for Truth, Reconciliation, and Healing Bill 2024 and the Compensation and Reparation Authority Bill 2024, presented by Bona Deng Lawrence, aim to address the legacy of the conflict and provide justice and reparations to victims.

“The bills will also provide for the establishment of support centers for psychotherapy cases for both victims and perpetrators,” Deng stated during the presentation on Tuesday.

Natelina Amjima Malek, the Deputy Chair of the Information Committee, emphasized the importance of the bills in compensating families who lost loved ones and rebuilding destroyed properties during the 2013 and 2016 conflicts.

The Commission for Truth, Reconciliation, and Healing Bill seeks to establish a commission that will spearhead efforts to promote peace, national reconciliation, and healing.

The Compensation and Reparation Authority Bill aims to govern matters related to compensation and reparation, identify aggrieved persons eligible for reparations, and establish a fund for this purpose.

Chapter 5 of the 2018 revitalized peace agreement calls for the establishment of three transitional justice mechanisms, including the CRA, Hybrid Court for South Sudan, and CTRH.

These mechanisms are crucial in ensuring justice and reparations for victims affected by the conflict that erupted in December 2013.

The AU-led hybrid court will have the mandate to investigate and prosecute individuals responsible for serious crimes committed since December 2013, including deliberate killing of civilians, rape and other sexual violence, forced recruitment of children, forced displacements, and other atrocities.

The decision to establish the Hybrid Court was enshrined in the 2015 peace agreement signed by the government and the main armed opposition SPLM-IO and reiterated in the revitalized peace agreement (R-ARCSS) in September 2018.

Currently, there is no other avenue for justice available to South Sudanese victims of the conflict, making the HCSS the only hope for obtaining justice and reparations.