Implementation Modalities in Support of the Agreement on Cessation of Hostilities between the Government of the Republic of South Sudan (GRSS) and the Sudan People's Liberation Movement/Army (in opposition) (SPLM/A IO)

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Implementation Modalities in Support of the Agreement on Cessation of Hostilities between the Government of the Republic of South Sudan (GRSS) and the Sudan People's Liberation Movement/Army (in opposition) (SPLM/A IO)
Date: 24 Feb 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: Ceasefire/related
Conflict nature: Government
Peace process: South Sudan post-secession process
Parties: The Government of the Republic of South Sudan, signed for by Major General Samsan Mabior Lual; and the Sudan People's Liberation Movement/Army (in Opposition), signed for by Brigadier General Gatkhor Gatluak
Third parties: The Intergovernmental Authority on Development, signed for by Major General (Ret.) GedreEgziabher Mabrahtu
Description: Short Agreement reaffirming the Cessation of Hostilities Agreement and providing conditions and rights for the deployment of a Joint Technical Committee and Monitoring and Verification Teams.

Agreement document: SS_140224_Implementation Modalities in support of the CoH between GRSS and SPLM (IO).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: Page 2, I. Now There fore the Parties Agree as Follows: 8.The Parties shall ensure the protection and security of all the local staff employed by the JTC and MVTs, both on and off duty and their families, in the areas under their control.

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: No specific mention.
Traditional/religious leaders: No specific mention.
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: Power sharing→Military power sharing→Proportionality
Page 1, I. Now There fore the Parties Agree as Follows: 1. The Parties agree to the mission, concept of the operation, scheme of maneuver and composition of the JTC and the MVTs, in accordance with the briefing presented in Addis Ababa on 2151 February 2014 (Annex).

Page 2, I. Now There fore the Parties Agree as Follows: 9. The Parties shall appoint a full time representative to the JTC and to each MVT.

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: Human rights and equality→Civil and political rights→Life
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;
Human rights and equality→Civil and political rights→Equality
Page 4, CHAPTER THREE- POLITICAL ISSUES, 2. CONSTITUTIONAL AND LEGAL MATTERS
C. Fundamental Rights and Freedoms: 2. The right to equal treatment irrespective of gender, race, colour, religion or origin.
Human rights and equality→Civil and political rights→Liberty and security of person
Page 1, untitled preamble: REAFFIRM their commitment to freedom of movement, safety and unhindered access for the Joint Technical Committee (JTC) and Monitoring and Verification Teams (MVTs) to all areas controlled by the Parties;

Page 2, I. Now There fore the Parties Agree as Follows: 7.Each Party shall' ensure the required freedom of movement and security of the members of the other Party when they are performing JTC or MVT related duties.

8. The Parties shall ensure the protection and security of all the local staff employed by the JTC and MVTs, both on and off duty and their families, in the areas under their control. The JTC will ensure the impartiality of the locally employed staff of the MVM.
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: Page 1, untitled preamble: REAFFIRM their commitment to freedom of movement, safety and unhindered access for the Joint Technical Committee (JTC) and Monitoring and Verification Teams (MVTs) to all areas controlled by the Parties;

Page 2, I. Now Therefore the Parties Agree as Follows: 7. Each Party shall' ensure the required freedom of movement and security of the members of the other Party when they are performing JTC or MVT related duties.

8. The Parties shall ensure the protection and security of all the local staff employed by the JTC and MVTs, both on and off duty and their families, in the areas under their control. The JTC will ensure the impartiality of the locally employed staff of the MVM.

10. The Parties may observe the JTC and MVT planning and coordination activities. They have the right to observe the information gathering process and may provide information as required.

... 12. The Parties shall be responsible for providing all required coordination with their own authorities and leaders in order to ensure complete freedom of movement, safety and unhindered access to all areas and information required by JTC and MVT operations.

... 14. The Parties agree to support and facilitate unhindered operation of humanitarian corridors into South Sudan from the North (Sudan), East (Ethiopia) and South (Kenya and Uganda)
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 2, I. Now There fore the Parties Agree as Follows: 8.The Parties shall ensure the protection and security of all the local staff employed by the JTC and MVTs, both on and off duty and their families, in the areas under their control.
Rights related issues→Protection measures→Other
Page 2, I. Now There fore the Parties Agree as Follows: 6. The Parties agree that the MVM may have its own force protection and stabilization unit, to be drawn from the IGAD Member States and other States to be determined by the IGAD Envoys, in consultation with the Parties.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, untitled preamble: REAFFIRM their commitment to open humanitarian corridors and support all humanitarian assistance, including the creation of conditions that enhance the urgent supply of aid to displaced populations;
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→Ceasefire provision
[Summary] The whole agreement provides for a ceasefire and its modalities.
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: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: The Intergovernmental Authority on Development, signed for by Major General (Ret.) GedreEgziabher Mabrahtu
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, I. Now There fore the Parties Agree as Follows: 6. The Parties agree that the MVM may have its own force protection and stabilization unit, to be drawn from the IGAD Member States and other States to be determined by the IGAD Envoys, in consultation with the Parties.
Enforcement mechanism: Page 1, I. Now Therefore the Parties Agree as Follows: 1. The Parties agree to the mission, concept of the operation, scheme of maneuver and composition of the JTC and the MVTs, in accordance with the briefing presented in Addis Ababa on 2151 February 2014 (Annex).

2. The Parties agree to collaborate with the MVM to formally define the legal status of the MVM and the personnel assigned to it in their respective areas of control (Status of Mission Agreement or equivalent).

3. The Parties agree that the initial six MVTs shall be deployed in the following locations and order: Bor, Mal'akal, Nasser, Bentiu, Akobo and Juba. The Akobo MVT shall initially be deployed to Bar until logistical conditions allow it to be moved to Akobo.

4. The Parties agree that the JTC may deploy additional MVTs into South Sudan with the approval of the IGAD Envoys.

5. The Parties agree that the JTC may deploy any of the MVTs anywhere in South Sudan and may relocate MVTs and rotate the personnel of the MVM as required. The JTC shall keep the Parties informed of the deployment of the MVTs.
...
7. Each Party shall' ensure the required freedom of movement and security of the members of the other Party when they are performing JTC or MVT related duties.

8. The Parties shall ensure the protection and security of all the local staff employed by the JTC and MVTs, both on and off duty and their families, in the areas under their control. The JTC will ensure the impartiality of the locally employed staff of the MVM.

9. The Parties shall appoint a full time representative to the JTC and to each MVT.

10. The Parties may observe the JTC and MVT planning and coordination activities. They have the right to observe the information gathering process and may provide information as required. The Parties may not participate in the JTC and MVT verification and reporting processes in support of alleged violations of the COH, unless the IGAD Envoys decide otherwise.

11. The Parties agree that the IGAD Special Envoys shall be the final decision making authority regarding the conduct of investigations and processing of reports in support of alleged violations of the COH.

12. The Parties shall be responsible for providing all required coordination with their own authorities and leaders in order to ensure complete freedom of movement, safety and unhindered access to all areas and information required by JTC and MVT operations.

15. This Agreement shall enter into force 24 hours after the signature by the Parties.

16. The JTC and MVT may commence deployment and operation within 24 hours after signature of this agreement.

17. The Parties shall disseminate this agreement and the COH Agreement to all their respective political and military leadership, allies and other armed groups under their control.
Related cases: No specific mention.
Source: Office of the Special Envoys of South Sudan, Intergovernmental Authority on Development, http://southsudan.igad.int/attachments/article/251/Implementation%20Modalities%20for%20CoH.pdf

IMPLEMENTATION MODALITIES IN SUPPORT OF THE AGREEMENT ON CESSATION OF HOSTILITIES BETWEEN THE GOVERNMENT Of THE REPUBLIC OF SOUTH SUDAN (GRSS) AND THE SUDAN PEOPLE'S LIBERATION MOVEMENT/ARMY (iN OPPOSITION)

(SPLM/A 10)

The Government of the Republic of South Sudan (herei ın after referred to as the "Government" abbreviated as "GRSS"), and the Sudan People's

Liberation Movement/Army (in Opposition) (hereinafter referred to as (SPLM/A 10), separately referred to as a Party and jointly referred as "the

Parties" agree to the lmplementation Modalities to facilitate the implementation of the Cessation of Hostilities Agreement.

RECOMMIT to the immediate and comprehensive implementation of ali aspects of the Cessaıtion of Hostilities Agreement;

REAFFIRM their commitment to freedom of movement, safety and unhindered access for the Joint Technical Committee (JTC) and Monitoring and Verification Teams (MVTs) to all areas controlled by the Parties;

REAFFIRM their commitment to open humanitarian corridors and support ali humanitarian assistance, including the ere ati on of conditions that enhance the urgent supply of aid to displaced populations;

APPRECIATE the efforts of IGAD to .develop and present technical recommendations to the Parties for their consideration and approval to enable the immediate and smooth implementation of the Cessation of Hostilities Agreement;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. The Parties agree to the mission, concept of the operation, scheme of maneuver and composition of the JTC and the MVTs, in accordance with

the briefing presented in Addis Ababa on 21 51 February 2014 (Annex).

2. The Parties agree to collaborate with the MVM to formally define the legal status of the MVM and the personnel assigned to it in their respective areas of control (Status of Mission Agreement or equi.valent).

3. The Parties agree that the initial sixMVTs shall be deployed in the following locations and order:

Bor, Mal'akal, Nasser, Bentiu, Akobo and

Juba.

The Akobo MVT shall initially be deployed to Bor until logistical conditions allow it taı be moved to Akobo .

4. The Parties agree that the JTC may deploy additional MVTs into South Sudan with the approval of the IGAD Envoys.

5. The Parties agree that the JTC may depl.oy any of the MVTs anywhere in South Sudan and may relocate MVTs and rotate the personnel of the

MVM as required .

The JTC shall keep the Parties informed of the deployment of the MVTs.

6. The Parties agree that the MVM may have its own force protection and stabilisation unit, to be drawn from the IGAD Member States and other States to be determ ~ned by the IGAD Envoys, in consultation with the Parties.

7. Each Party shall' ensure the required freedom of movement and security of the members of the other Party when they are performing JTC or MVT related duties.

8. The Parties shall ensure the protection and security of all the local staff emptoyed by the JTC and MVTs, both on and off duty and their families, in the areas under their control.

The JTC will ensure the impartiality of the locally employed staff of the MVM.

9. The Parties shall appoint a full time representative to the JTC and to each MVT.

10. The Parties may observe the JTC and MVT planning and coordination acbvities.

They have the right to observe the information gathering process and may provide information as required.

The Parties may not participate in the JTC a.nd MVT verification and reporting processes in support of alleged violations of the COH, unless the IGAD Envoys decide otherwise.

11 . The Parties agree that the IGAD Special Envoys shall be the final decision mak iıng authority regarding the conduct of investigations and processing of reports in support of alleged violations of the COH.

12. The Parties shall be responsible far providing all required coordination with their own authorities and leaders in order to ensure complete freedom of movement, safety and unhindered access to all areas and information required by JTC and MVT operations.

13. The MVM shall take appropriate action to safeguard confidential information received from either Party.

14. The Parties agree to support and facil:

itate unhindered ôperation of humanitarian corridors into South Sudan from the North (Sudan), East

(Ethiopia) and South (Kenya and Uganda)

15. This Agreement shall enter into force 24 hours after the signature by the Parties.

16. The JTC and MVT may commence deployment and operation within 24 hours after signature of this agreement.

17. The Parties shall disseminate this agreement and the COH Agreement to all their respective political and military leadership, allies and other armed groups under their control.

in witness of the above, the duly authorized representatives of the Parties have signed this Agreement on this day, 24th February 2014, Addis Ababa, Ethiopia

For the Government of the Republic

of South Sudan

-----------------~- ---- -------------------

Major General Samsan Mabior Lual

Major

Far the Sudan People's Liberation

Movement/Army in Opposition

Brigadier General Gatkhor Gatluak

ebreEgziabher Mabrahtu