Addis High Level Seminar 18.01.16
In Solidarity with the people of South Sudan
High-Level Civil Society Seminar
Addis Ababa, 18 January 2016
Time: 14:00 17:30
Context
South Sudan is slowly emerging from a brutal two-year civil war. The war has been disastrous for
civilians, causing a severe loss of life, forced displacement, the destruction of their livelihoods and the
fracturing of societys fabric. Though the warring parties signed a peace agreement with extensive
support from the regional and international community, it is a fragile peace. The country and its partners
in Africa must strengthen their resolve to work against the many countervailing forces that are working
to undermine this fragile peace.
South Sudanese civil society organisations are keen to do their part to inform fellow citizens about the
peace agreement and to support its implementation on the ground. But numerous challenges stand in
their way, among which two stand out in particular. First is that Government of South Sudan has
become increasingly intolerant to public criticism of its actions from local organisations, and has put
strong pressure on the media to not public any articles that are critical of the governments commitment
to the implementation of the peace agreement. Secondly, there is a sense of collective uncertainty
among many local civil society organisations as to when and how they can leverage their ability to
conduct advocacy on behalf of citizens. Many are waiting for the official formation of the Transitional
Government of Unity, now expected to occur on 22 January; others are keen to await the full
operationalization of the Joint Monitoring and Evaluation Commission (JMEC) as a sign of stability
before they can proceed.
Yet civil societys role in shaping the implementation of the peace agreement, the work of JMEC and
the transitional government is as crucial as ever. It is within this context that this seminar is based.
Rationale
The primary responsibility for lifting South Sudan out of war and into a collective effort of national
healing, peace and progress rests with its people and especially its government. Nevertheless, the role
of the African Union (AU) to assist South Sudan with moving from a divided past to a shared future is
critically important. As a multi-lateral institution, the AU is in a unique position to rally the capabilities,
support and resources of the African continent to support South Sudan in the transition to peace. Even
more, it has a moral, political and legal obligation to ensure that peace, accountability and justice are
achieved as complementary initiatives in post-conflict South Sudan.
This is why the time is ripe for a strong and proactive engagement between South Sudanese and panAfrican civil society organisations to engage with AU policymakers to shape the AUs policy towards the
implementation of the peace agreement in 2016. Thus the purpose of this seminar is to:
Present the AU with a new range of civil society voices from across Africa that can pull from
their experiences on peace, reconciliation and transitional justice to put forward clear policy
recommendations to AU policymakers;
To demonstrate strong solidarity with South Sudanese civil society organisations, who have
faced enormous challenges to take part in the implementation of the peace agreement, by
advocating for their inclusion in the AUs efforts to support peace;
To propose to AU policymakers a way forward for its engagement with South Sudan in 2016
and specific proposals for how the AU can use its capabilities and mandate to strengthen the
fragile peace and to provide support to South Sudanese citizens.
The utility of this solidarity panel will be its ability to bring in fresh views on the peace efforts in South
Sudan from civil society luminaries who are from African countries that have also passed through
moments of transition in their recent histories. Panellists will endeavour to show that peace in South
Sudan is a concern not just for South Sudanese, but for civil society throughout the continent who are
keen to build solidarity with South Sudanese as a way to communicate to the AU that its leadership is
needed to bring peace and stability to the country. It will be an occasion for these pan-African civil
society representatives to discuss the ways in which justice can mesh with truth and reconciliation, how
healing and accountability go hand-in-hand, and how humanitarian access to people in need can
bolster civilian protection.
Objectives
The main objective of this seminar is to enable South Sudanese and non-South Sudanese civil society
representatives to contribute to the AUs policy towards the implementation of the peace agreement in
South Sudan ahead of the AU Heads of State Summit in January 2016 by addressing issues of
accountability and justice, reconciliation, peace-building, civilian protection, humanitarian access and
the protection of the civil society space.
Expected outcomes
The primary expected outcome of this seminar is for AU policymakers to endorse the key
recommendations proposed by civil society panellists, and for the AU to acknowledge its crucial role in
supporting South Sudans peace efforts by developing a specific strategy to guide its involvement in the
coming year, which includes leading on the establishing of key transitional justice mechanisms such as
a hybrid judicial court.
Featured panellists
David Deng the Research Director of the South Sudan Law Society, a civil society
organisation with extensive experience on transitional justice and accountability. Mr. Deng has
recently completed research survey with UNDP of local South Sudanese perceptions and
attitudes towards justice and accountability.
Betty Kaari Murungi the outgoing board chair of the Akiba Uhaki Foundation. Ms. Murungi is
a lawyer by profession, with expertise in international human rights law and transitional justice.
Ms. Murungi is the former Vice-Chairperson of the Truth, Justice and Reconciliation
Commission of Kenya and a former Advocate of the High Court of Kenya. She has been
affiliated with the Truth and Reconciliation Commission in Sierra Leone, and the East African
Centre for Constitutional Development in Uganda.
Yasmin Sooka South African human rights lawyer and the Executive director of the
Foundation of Human Rights in South Africa. Ms Sooka is currently serving as the inaugural
George Soros Visiting Chair at the School of Public Policy at Central European University(
2
CEU) in Budapest. She was appointed by the Secretary General to the United Nations in July
2015 to serve on a panel investigating Allegations of sexual abuse in the Central African
Republic by French Peacekeepers. Prior to joining the Foundation, Ms Sooka was a member of
the Truth and Reconciliation Commission in South Africa for three years; first serving as Deputy
Chair to the Human Rights Violations Committee and later as the chair of the same Committee.
Between 2002 and 2004 she was appointed by the UN as an international commissioner for the
Truth and Reconciliation Commission of Sierra Leone. Ms Sooka has also served as a member
of the Secretary Generals Panel of Experts looking into allegations of war crimes in Sri Lanka.
She has also consulted and assisted a number of governments on issues of transitional justice.
She currently chairs the Centre for Conflict Resolution in South Africa and is a member of the
Board of Trustees of the Universal Rights Group.
Arnold Tsunga the Africa Director for the International Commission of Jurists (ICJ) in
Johannesburg. Mr Tsunga previously served as the Executive Director of Zimbabwe Lawyers
for Human Rights, the Executive Secretary of the Law Society of Zimbabwe, the National
Chairperson of the Zimbabwe Human Rights Association and Vice President of the
International Federation for Human Rights (FIDH). Mr. Tsunga is one of Africas leading human
rights lawyers, and was acknowledged for his efforts to defend human rights in spite of threats
to his life with the prestigious Martin Ennals Award for Human Rights Defenders in October
2006.
Key issues for discussion
Reflecting the main objective of the seminar, the panellists will address these key issues:
The establishment of an AU-led hybrid court and other transitional justice mechanisms such as
a Truth, Healing and Reconciliation Commission based on the experiences from other African
countries such as Uganda and South Africa;
The nexus between peace and accountability, examining whether accountability can act as an
impetus for peace or if peace must first be achieved at all costs, and how accountability can be
linked to peace efforts in a way that is transparent for all stakeholders;
The protection of civilian and access to humanitarian assistance, examining mechanisms
during the transitional period as well as in post conflict
The role of civil society in the implementation of the agreement, including the need for civil
society organisations to operate freely and without restrictions, their role in the documentation
of evidence for an eventual hybrid court and their ability to aid the JMEC in its mandate to
oversee the implementation of the agreement.
Participants
Participants will include senior, high-level, AU policymakers from within the AU Commission such as AU
Legal Counsel, the Peace and Security Department, the AU Chairpersons office and the Department of
Political Affairs. Ambassadors from the AU Peace and Security Council will also be invited to take part
in the event, as well as foreign diplomatic missions and civil society representatives based in Addis
Ababa.
AGENDA
13:30 14:00
Registration
Moderator: Arnold Tsunga, Africa Director for the International Commission of Jurists (ICJ)
SESSION ONE Introductory Remarks
14:00 14:15
Introductions and presentation of objectives: Arnold Tsunga, Moderator
14:15 14:30
Welcome Address by Omayma Gutabi, Pan Africa Rights in Crises
Campaign Manager Oxfam International Liaison Office to the African
Union
SESSION TWO Presentations
14:30 15:00
Transitional Justice and Sustainable Peace: Yasmin Sooka, Executive
Director of the Foundation for Human Rights in South Africa
15:00 15:30
South Sudan Perspective on Transitional Justice and Accountability:
David Deng, Research Director for the South Sudan Law Society (SSLS)
15:30 16:00
Justice and Reconciliation: Comparative experiences of Kenya and
Sierra Leone, Kaari Murungu, former Vice-Chairperson of the Truth
Justice and Reconciliation Commission of Kenya
16:00 17:00
PLENARY Q & A
SESSION THREE Closing and way forward
17:00 17:20
Presentation of key recommendations and endorsement of seminar briefing
paper, Arnold Tsunga
COFFEE/TEA /SNACKS
17:30 18:00
