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)

  • 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 - ) )
  • 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.


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