Agreement on the Status of Detainees between the Government of the Republic of South Sudan (GRSS) and the Sudan People's Liberation Movement/Army (in opposition) SPLM/A (in opposition)

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on the Status of Detainees between the Government of the Republic of South Sudan (GRSS) and the Sudan People's Liberation Movement/Army (in opposition) SPLM/A (in opposition)
Date: 23 Jan 2014
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Framework/substantive - partial
Conflict nature: Government
Peace process: South Sudan post-secession process
Parties: GOVERNMENT OF THE REPUBLIC OF SOUTH SUDAN, signed for by Hon. Nhial Deng Nhial, and THE SUDAN PEOPLE'S LIBERATION MOVEMENT/ ARMY (IN OPPOSITION), signed for by Gen. Taban Deng Gai.
Third parties: IGAD Special Envoys, H.E. Amb. Seyoum Mesfin, Gen. Lazaro K. Sumbeiywo and Gen. Mohamed Ahmed M. El Dabi.
Description: Short agreement recognising the IGAD Communique (the Communique of of (sic) the 23rd Extra-ordinary Sessions of the Head of State and government, issued in Nairobi on the 17th December 2013 on the situation in South Sudan); agreeing to release prisoners, agreeing to establish a National Dialogue and that any disputes should be resolved by IGAD envoys peacefully.

Agreement document: SS_140123_Agreement on Status of Detainees.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, I. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS, 3. NATIONAL RECONCILIATION:
The Parties agree to establish an all-inclusive National Reconciliation Process in which the detainees and other political actors, civil society organizations, traditional and religious leaders have a significant role to play... '
Traditional/religious leaders: Page 2, I. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS, 3. NATIONAL RECONCILIATION:
The Parties agree to establish an all-inclusive National Reconciliation Process in which the detainees and other political actors, civil society organizations, traditional and religious leaders have a significant role to play... '
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, untitled preamble: Mindful of the desire of the people of South Sudan to live in peace and dignity in an all-inclusive democratic society, based on justice, equality, respect for human rights and the rule of law;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 2, untitled preamble: Mindful of the desire of the people of South Sudan to live in peace and dignity in an all-inclusive democratic society, based on justice, equality, respect for human rights and the rule of law;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→General commitments
Page 2, untitled preamble: Welcoming the signing of the Cessation of Hostilities (CoH) Agreement by the Parties as a major breakthrough towards resolving the crisis,
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 2, I. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS, 1. IGAD AND IGAD PARTNERS COMMITMENT:The Parties recognize, as per the Communique of the 23rd Extra Ordinary Assembly of Heads of State and Government of the 27th December 2013 on the situation in South Sudan that GAD and the Partners of IGAD are firmly committed to undertake every effort to expedite the release of the detainees.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, I. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS, 3. NATIONAL RECONCILIATION: The Parties agree to establish an all-inclusive National Reconciliation Process in which the detainees and other political actors, civil society organizations, traditional and religious leaders have a significant role to play...

Implementation

UN signatory: No specific mention.
Other international signatory: IGAD Special Envoys, H.E. Amb. Seyoum Mesfin, Gen. Lazaro K. Sumbeiywo and Gen. Mohamed Ahmed M. El Dabi.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2, I. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS, 4. AMENDMENTS TO THIS AGREEMENT:
This Agreement may be amended by mutual consent of the Parties, which, shall be in writing and signed by the Parties.

5. DISPUTE RESOLUTION
Any dispute that may arise from the implementation and interpretation of this Agreement shall be resolved amicably by the mediation of the GAD Special Envoys.
Related cases: No specific mention.
Source: Enough Project, http://enoughproject.org/files/IGAD_StatusofDetainees_GRSS.pdf

INTERGOVERNMENTAL

AUTHORITY

ON DEVELOPMENT

IGAD

AUTORITE

INTERGOUVERNEMENTALE

POUR LE DEVELOPPEMENT

AGREEMENT ON THE STATUS OF DETAINEES

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH SUDAN

(GRSS) AND THE SUDAN PEOPLE'S LIBERATION MOVEMENT / ARMY

(IN OPPOSITION) SPLM/ A (IN OPPOSITION) ,..

The Government of the Republic of South Sudan (hereinafter referred to as the

Government abbreviated as (GRSS), and the Sudan People's Liberation

Movement/Army (in Opposition) (hereinafter referred to as SPLM/A (in

Opposition), separately referred to as a Party and jointly referred to as "the

Parties" agreed on the question of status of detainees, hereinafter referred to

as "the Agreement"

Recognizing that both Parties acknowledge the role that the detainees can

play in the ongoing dialogue of South Sudan in line with the Communique of of

the 23rd Extra-ordinary Session of the Heads of State and Government, issued

in Nairobi on the 2ih December 2013 on the situation in South Sudan

(hereinafter referred to as "the IGAD Communique'');

Cognizant of the central role played by the IGAD countries as expressed in

the IGAD Communique;

Noting that IGAD Special Envoys and IGAD Partners have undertaken several

consultative meetings with both the Parties and the detainees, understanding

that the ownership of the Parties of the peace process in search of sustainable

political solution to the crisis in South Sudan is vital;

Noting further the Decision of the African Union Peace and Security Council

Meeting at the level of the Head of States and Governments in Banjul, the

Gambia, on 30th December 2013 on South Sudan crisis;

Recalling the strenuous efforts of the IGAD Special Envoys and the IGAD

Partnersin mediating the conflict;

Mindful of the desire of the people of South Sudan to live in peace and dignity

in an all-inclusive democratic society, based on justice, equality, respect for

human rights and the rule of law;

Welcoming the signing of the Cessation of Hostilities (CoH) Agreement by the

Parties as a major breakthrough towards resolving the crisis,

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS;

1. IGAD AND IGAD PARTNERS COMMITMENT

The Parties recognize, as per the Communique of the 23rd Extra~Ordinary

Assembly of Heads of State and Government of the 2ih December 2013 on

the situation in South Sudan that IGAD and the Partners of IGAD are firmly

committed to undertake every effort to expedite the release of the

detainees.

2. COMMITMENT OF PARTIES

The Parties remain fully committed to the outcome of the peace process

and welcome the spirit of an all-inclusive dialogue to resolve the issues

connected with the current crisis in the country.

3. NATIONAL RECONCILIATION

The Parties agree to establish an all-inclusive National Reconciliation

Process in which the detainees and other political actors, civil society

organizations, traditional and religious leaders have a signifıcant role to

play .. '

4. AMENDMENTS TO THIS AGREEMENT

This Agreement may be amended by mutual consent of the Parties, which,

shall be in writing and signed by the Parties.

5. DISPUTE RESOLUTION

Any dispute that may arise from the implementation and interpretation of

this Agreement shall be resolved amicably by the mediation of the IGAD

Special Envoys.

6. ENTRY INTO FORCE

This Agreement shall enter into force upon signature by the Parties.

in witness of the above, the duly authorized representatives of the Parties have

signed this Agreement on this 23rd day January 2014, Addis Ababa, Ethiopia.

For the Government of

the Republic of South Sudan

Hon. Nhial Deng Nhial

For the Sudan People's

Liberation Movement/ Army

{in Opposition)

Gen. Taban Deng Gai

Witnessed by the IGAD Special Envoys

Gen. Lazaro K. Sumbeiywo Gen. Mohamed Ahmed M. El Dabi