Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS)

• Country/entity

  South Sudan
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS)
• Date

  17 Aug 2015
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
• Stage

  Framework/substantive - comprehensive
• Conflict nature

  Government
• Peace process

  South Sudan post-secession process
• Parties

  I) THE PARTIES:
  H. E. Salva Kiir Mayardit, President of the Republic of South Sudan, Commander–in-Chief of the NDFSS; H. E. Dr. Riek Machar Teny, Chairman and Commander-in-Chief, SPLM/SPLA-IO; Pagan Okech Amum, For the Former Detainees ; [unknown], For the Political Parties of South Sudan
  
  II) STAKEHOLDERS:
  Alokiir Malual Aguer, Representative of Civil Society of South Sudan; Bishop Enock Tombe Loro, For the Faith Based Leaders of South Sudan; Amer Manyok Deng, Representative of Women’s Bloc of South Sudan; [Unknown], Representative of Eminent Personalities
• Third parties

  Guarantors:
  IGAD Heads of State and Government
  H. E. Hailemariam Dessalegn, Prime Minister of the Federal Democratic Republic of Ethiopia and Chair of IGAD; H.E. Yoweri Museveni, President of the Republic of Uganda; H.E. Omar Hassan al-Bashir, President of the Republic of Sudan; H.E. Ismaïl Omar Guelleh, President of the Republic of Djibouti; H.E. Hassan Sheikh Mahmud, President of the Federal Government of Somalia; H.E. Uhuru Kenyatta, President of the Republic of Kenya; Rapporteur of IGAD
  
  African Union –High Level Ad hoc Committee for South Sudan & African Union
  Comission;
  For the People’s Democratic Republic of Algeria; For the Republic of Chad; For the Federal Republic of Nigeria; For the Republic of Rwanda; For the Republic of South Africa; Chairperson of the AU Commission
  
  For the IGAD led Mediation:
  Amb. Seyoum Mesfin; Gen. Lazarus Sumbeiywo; Amb. Gen. Mohamed Ahmed El-Dabi
  
  International Partners as Witnesses:
  Representative of the People’s Republic of China; Representative of the Kingdom of Norway; Representative of the United Kingdom; Representative of the United States of America; Representative of the United Nations; Representative of the European Union; Representative of the IGAD Partners Forum (IPF)
• Description

  A comprehensive agreement attempting to reconcile President Salva Kiir and Riek Machar of the Sudan People's Liberation Army in Opposition. Agreement including provisions on creating a unity government, a permanent ceasefire, provisions for humanitarian assistance and reconstruction, economic and financial arrangements, arrangements for transitional justice, accountability, reconciliation and healing, the parametres of permanent constitution, the establishment of a JMEC and implementation procedures.

• Agreement document

  SS_150817_Agreement on the Resolution of the Conflict in the Republic of South Sudan.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

AGREEMENT ON THE RESOLUTION OF THE CONFLICT IN THE REPUBLIC OF SOUTH SUDAN

ADDIS ABABA, ETHIOPIA

17 AUGUST 2015

TABLE OF CONTENTS PAGE

Table of contents........................................................................ii Acronyms..........................................................................................1 PREAMBLE........................................................................................3

Chapter I:

Transitional Government of National Unity of the Republic of South Sudan.......................................................................................5

Establishment, Seat and Term of TGoNU..................................................5

Mandate..........................................................................................5

Composition of TGoNU .......................................................................6

Structure of the Executive of the Transitional Government of National Unity.........6

President of the Republic.......................................................................6

First Vice President of the Republic..........................................................8

Vice President of the Republic...............................................................9

Powers, Functions and Responsibilities Required to be Exercised Jointly

by the President, the 1st Vice President and the Vice President........................10

Decision Making and Consultation Procedures in the Executive of the TGoNU....10

Council of Ministers..........................................................................11

The Transitional National Legislative Assembly and Council of States ..............14

Judiciary.........................................................................................15

Pre-Transitional Period and National Constitutional Amendment Committee ......15

Transitional Institutions and Mechanisms..................................................17

Structure and Composition of State Governments in Conflict-Affected States.......17

National Elections .............................................................................18

Chapter II:

Permanent Ceasefire and Transitional Security Arrangements...20

Permanent Ceasefire..............................................................................20

Separation, Assembly and Containment .......................................................21

National Architecture for Permanent Ceasefire ...............................................22

Ceasefire and Transitional Security Arrangement Monitoring

Mechanism (CTSAMM) ........................................................................23

Transitional Security Arrangements........................... ................................23

Strategic Defence and Security Review (SDSR) ............................................24

Unification of Forces ............................................................................26

Chapter III:

Humanitarian Assistance and Reconstruction.........................27

Agreed Principles for Humanitarian Assistance and Reconstruction.......................27

Special Reconstruction Fund ( SRF) .............................................................28

Chapter IV:

Resource, Economic and Financial Management Arrangements..29

General Principles. .................................................................................

29

Institutional Reforms .............................................................................29

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Review of National Legislation .................................................................32

Resource Management ............................................................................32

Environment protection............................................................................35

Public Finance and Economic Management...................................................35

Enterprise Development Fund .....................................................................38

Economic and Financial Management Authority (EFMA)..................................39

Chapter V:

Transitional Justice, Accountability, Reconciliation and Healing...40

Agreed Principles for Transitional Justice......................................................40

Commission for Truth, Reconciliation and Healing (CTRH).................................40

2.1. Establishment of the Commission for Truth, Reconciliation and

Healing (CTRH)...................................................................................40 2.2.

Mandate and Functions of the CTRH......................................................41 2.3.

Personnel and Appointment Procedures...................................................42 2.4.

Rights of Victims and Witnesses............................................................42

Hybrid Court for South Sudan (HCSS)............... ..........................................43 3.1.

Establishment of the Hybrid Court for South Sudan (HCSS) ..........................43 3.2.

Jurisdiction, Mandate and Primacy..........................................................43 3.3.

Personnel and Appointment Procedures....................................................43 3.4.

Rights of Victims and Witnesses............................................................44 3.5.

Criminal Responsibility, Convictions and Penalties......................................44 3.6.

Use of Findings, Documentation and Evidence .........................................44

Compensation and Reparation Authority (CRA) ..............................................45

Ineligibility for Participation in the TGoNU or Sucessor Governments ....................45

Chapter VI:

Parameters of Permanent Constitution ..................................46 Chapter VII:

Joint Monitoring and Evaluation Commission (JMEC)..............48

Chapter VIII:

Supremacy of this Agreement and Procedures for Amendment

of the Agreement................................................................................ 50

Signatures of Parties, other Stakeholders, Adherents, Guarantors and Witnesses

to this Agreement......................................................................................51 APPENDICES

Appendix I:

Transitional Government of National Unity of the Republic of

South Sudan..............................................................................56 Appendix II (Diagram): Permanent Ceasefire and Transitional Security Arrangements......59 Appendix III (Matrix): Permanent Ceasefire and Transitional Security Arrangements.......60 Appendix IV:

Humanitarian Assistance and Reconstruction.....................................63 Appendix V:

Resource, Economic and Financial Management Arrangements.................64 Appendix VI:

Transitional Justice, Accountability, Reconciliation and Healing..............70 Appendix VII:

Parameters of Permanent Constitution.............................................71 Appendix VIII:

Joint Monitoring and Evaluation Commission (JMEC)........................ 72

iii

ACRONYMS

ACC AfDB AJMCC AU

AU COI AUHLAHC AUSF BEFMA BOSS BSRF

CoH CoHA CSO CTRH CTSAMM DDR EFMA EDF

EITI

FDs FFAMC GPAA GRSS HCSS

IDPs

IGAD IGAD PLUS IMF

IPF

JMCC

JMCT

JMEC

MVM

NBC

NBS

NBS NCAC

NDC

Anti-Corruption Commission

African Development Bank

Area Joint Military Ceasefire Committees

African Union

African Union Commission of Inquiry

African Union High-level Ad hoc Committee Amalgamated Units of the Security Forces of South Sudan

Board of Economic and Financial Management Authority Bank of South Sudan

Board of Special Reconstruction Fund

Cessation of Hostilities

Cessation of Hostilities Agreement (23 January 2014)

Civil Society Organizations

Commission for Truth, Reconciliation and Healing

Ceasefire and Transitional Security Arrangements Monitoring Mechanism Disarmament, Demobilization and Reintegration

Economic and Financial Management Authority Enterprise Development Fund

Extractive Industries Transparency Initiative Former Detainees

Fiscal and Financial Allocation Monitoring Commission

Greater Pibor Administrative Authority

Government of the Republic of South Sudan (Pre-Transition Period) Hybrid Court for South Sudan

Internally displaced persons

Intergovernmental Authority on Development

An expended form of the IGAD-led Mediation

International Monetary Fund

IGAD Partners Forum

Joint Military Ceasefire Commission

Joint Military Ceasefire Teams

Joint Monitoring and Evaluation Commission

Monitoring and V erification Mechanism

National Broadcasting Corporation

National Bureau of Standards

National Bureau of Standards

National Constitutional Amendment Committee

National Defence Council

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NDFSS National Defence Forces of South Sudan NEC National Elections Commission

NLA National Legislative Assembly

NPGC National Petroleum and Gas Corporation NSC National Security Council

PCA Permanent Ceasefire Arrangements

PFMA Public Financial Management and Accountability Act, 2011

PRMA Petroleum Revenue Management Act, 2012

PRSF Petroleum Revenue Savings Fund

SAA Special Arrangement Area

SDSR Strategic Defence and Security Review

SSAO South Sudan Armed Opposition

SRF Special Reconstruction Fund

SST Security Sector Transformation

TCRSS Transitional Constitution of the Republic South Sudan, 2011

TGoNU Transitional Government of National Unity (Transition Period)

TNA Transitional National Assembly

TTPSU Transitional Third Party Security Unit

TCRSS Transitional Constitution of the Republic of South Sudan

TNL Transitional National Legislature

TNLA Transitional National Legislative Assembly

RA Roads Authority

RC Refugees Commission

SSBC South Sudan Broadcasting Corporation UWC Urban Water Corporation

UN United Nations

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PREAMBLE

The Government of the Republic of South Sudan (hereinafter referred to as the “GRSS”),

The South Sudan Armed Opposition,

The Former Detainees,

The other Political Parties of South Sudan, in their individual capacities, jointly referred to as the “Parties” to this Agreement;

Joined by other Stakeholders:

Representatives of CSOs, Women’s bloc, Faith-Based Leaders and Eminent personalities,

Acknowledging the need to promote inclusivity and popular ownership of this Agreement and hence create a mechanism to include individuals and organizations:

Representatives of the country’s diverse communities, youth groups, traditional chiefs, professional societies, academia, business community and others whom shall be referred to as Adherents to this Agreement;

Committed to achieving enduring peace and stability in the Republic of South Sudan;

Accepting the immediate need to bring an end to the tragic conflict on-going in the Republic of South Sudan since 15 December 2013, which has had such disastrous economic, political and social consequences for the people of South Sudan;

Profoundly regretting the suffering and distress caused to the people of South Sudan by the conflict on-going in South Sudan since 15 December 2013 and apologising unconditionally to the people of South Sudan for all the suffering and distress caused by the devastation, loss of life and instability resulting from the conflict;

Acknowledging that social strife, disharmony between communities and mass violations of human rights has profound historical roots in our society, which pre-date the current conflict;

Committed to national reconciliation, accountability, healing and combating impunity among the highest priorities of the Transitional Government of National Unity (TGoNU),

Determined to build an inclusive and democratic society founded on the rule of law;

Firmly committed to end the culture of the use of force, as a means of settling differences and

misunderstanding and to promoting a culture of peace and dialogue;

Cognizant that a Federal system of government is a popular demand of the people of South Sudan and of the need for the TGoNU to reflect this demand by way of devolution of more power and resources to lower levels of government, and to initiate that a federal and democratic system of governance that reflects the character of South Sudan and ensures unity in diversity be enacted during the permanent constitution making process;

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Further accepting that the humanitarian situation in the Republic of South Sudan remains extremely precarious, and in need of urgent action by the Parties, the Transitional Government of National Unity and the international community;

Recognizing that all efforts must be made to continue and augment the provision and facilitation of humanitarian assistance and protection;

Convinced that the sharing and allocation of wealth emanating from resources in South Sudan shall ensure that the quality of life and dignity of all citizens are promoted without discrimination on the grounds of gender, religion, political affiliation, ethnicity, and language;

Appreciating the concerted efforts of all members of IGAD-PLUS and its Member States, and their leadership of the IGAD-led Mediation process for South Sudan;

Further appreciating the critical support provided by the international partners and friends of South Sudan;

Cognizant of the critical role played by the United Nations in the discharge of its mandate including protection of civilians, and facilitation of humanitarian assistance;

Re-affirming existing commitments to the Cessation of Hostilities (CoH) Agreement of 23rd January 2014, its subsequent rededication and implementation matrix;

Recalling the 9th May 2014 Agreement to Resolve the Crisis in South Sudan and the 1st February 2015 Areas of Agreement on the Establishment of the Transitional Government of National Unity in the Republic of South Sudan;

Further re-affirming these commitments to form a Transitional Government of National Unity, comprising all the Parties, to lead South Sudan to democratic Elections and a permanent constitutional order;

Recognizing the need for institutional and structural reforms to ensure effective governance in the Republic of South Sudan, during the Transition, and thereafter;

Unreservedly committed to the terms of this agreement;

hereinafter referred to as the Agreement and hereby agree as follows;

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CHAPTER I:

TRANSITIONAL GOVERNMENT OF NATIONAL UNITY (TGoNU)

1.

Establishment, Seat and Term of TGoNU

1.1. There shall be a Transitional Government of National Unity (TGoNU) established in South Sudan entrusted with the task of implementing this Agreement.

1.2. The Transitional Period shall commence 90 days after signing of this Agreement and the term of office shall be thirty (30) months preceded by ninety (90) days of a Pre- transitional Period.

1.3.The seat of the TGoNU shall be Juba.

1.4. The term and mandate of the incumbent President, the Vice President, and State Governors of the Republic of South Sudan shall be extended for the duration of the Transitional Period, until such time that Elections are held, except as provided for in Chapter I, Article 15.1 and 15.2 of this Agreement.

1.5. The TGoNU shall hold Elections sixty (60) days before the end of the Transition Period in order to establish a democratically elected government.

1.6. The power sharing ratio in the Executive of the TGoNU shall be applied as follows:

Executive body as 53%, 33%, 7%, and 7 % for the GRSS, the South Sudan Armed Opposition, Former Detainees and other political parties respectively.

Whereas power- sharing ratios in the conflict affected States of Jonglei, Unity and Upper Nile as well as in the remaining seven (7) states shall be as reflected in Chapter 1, Articles 15.2 and 15.3 of this Agreement.

Mandate of TGoNU

The TGoNU shall:

2.1.1.

Implement this Agreement and restore peace, security and stability in the country;

2.1.2.

Expedite the relief, protection, voluntary and dignified repatriation, rehabilitation and resettlement of IDPs and returnees;

2.1.3.

Facilitate and oversee a process of national reconciliation and healing through an independent mechanism in accordance with this Agreement including budgetary provisions for compensation and reparations;

2.1.4.

Oversee and ensure the Permanent Constitution-making process is successfully carried

out.

2.1.5.

Work closely with the IGAD-PLUS Member States and Organizations and other partners and friends of South Sudan, to consolidate peace and stability in the country;

2.1.6.

Reform of public financial management;

2.1.7.

Ensure prudent, transparent and accountable management of national wealth and resources to build the nation and promote the welfare of the people;

2.

2.1.

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4.

3.1.1.

The GRSS,

3.1.2.

The South Sudan Armed Opposition,

3.1.3.

Former Detainees,

3.1.4.

Other Political Parties which participated in the Addis Ababa June 2014 Symposium

on IGAD-led Peace Talks for South Sudan entitled, “Towards Sustainable Peace in South Sudan”, and as identified in “ The Agreement to Resolve the Crisis in South Sudan, 9 May 2014”, and choosing to adhere to this Agreement shall collectively choose their representatives in the Council of Ministers, Transitional National Assembly and in the governance institutions of the three States of Jonglei, Unity, and Upper Nile, as well as new institutions or reformed institutions according to the ratio provided in this Agreement.

Such selection shall be witnessed by the IGAD-led Mediation.

Structure of the Executive of the TGoNU

The Executive of the TGoNU shall comprise the President, the First Vice President, the Vice President, the Council of Ministers and the Deputy Ministers;

4.1.

2.1.8.

2.1.9.

2.1.10.

2.1.11.

2.1.12.

2.1.13.

2.1.14.

Carry out normal functions of government;

Rehabilitate and reform the civil service;

Implement security sector reforms and security sector transformation;

Rebuild destroyed physical infrastructure in conflict-affected areas and give special attention to prioritizing the rebuilding of livelihoods of those affected by the conflict;

Establish a competent and impartial National Elections Commission (NEC) to conduct free and fair Elections before the end of the Transitional Period and ensure that the outcome is broadly reflective of the will of the electorate;

Make all efforts to conduct National Population and Housing Census before the end of the Transitional Period, taking into account Article 16.9 of this Agreement;

Devolve more powers and resources to States’ and County levels;

3. Composition of the TGoNU:

3.1.The TGONU shall be composed of;

4.2. The Council of Ministers shall comprise the President, the First Vice President, Vice President, and the Ministers.

5. President of the Republic of South Sudan

5.1. The incumbent President of the Republic shall serve as President and Executive Head of State for the Transitional Period;

5.2. The Powers, Functions and Responsibilities of the President shall be to:

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5.2.1.

Preserve and protect the sovereignty and territorial integrity of the Republic of South Sudan;

5.2.2.

Represent the State, the TGoNU and the people of South Sudan in its international relations;

5.2.3.

Serve as Commander–in–Chief of the South Sudan National Defence Forces;

5.2.4.

Appoint and preside over the swearing into Office of the First Vice President, Vice President, Ministers and Deputy Ministers, in accordance with the terms of this Agreement;

5.2.5.

Appoint Undersecretaries of the Ministries in consultation with the First Vice President and the approval of the Council of Ministers;

5.2.6.

Chair the Council of Ministers;

5.2.7.

Chair the National Security Council (NSC);

5.2.8.

Chair the National Defence Council (NDC);

5.2.9.

Cause the preparation of the annual budget of the TGoNU by the Minister of Finance and planning to be presented to the Council of Ministers and the Transitional National Legislative Assembly (TNLA);

5.2.10.

Chair EFMA Board;

5.2.11.

During emergencies, initiate the convening of the TNL in consultation with the Speaker and in accordance with the TCRSS and the law

5.2.12.

Assent to and sign into law bills passed by the TNL;

5.2.13.

Supervise the conduct of foreign policy and ratify treaties and international agreements with the approval of the TNLA;

5.2.14.

Appoint ambassadors and other senior diplomatic representatives to foreign countries as proposed by the Minister of Foreign Affairs and approved by the Council of Ministers;

5.2.15.

Sign letters of accreditation of diplomatic representatives of the Republic of South Sudan to foreign countries, regional and international organizations, and receive the credentials of diplomatic representatives of foreign countries;

5.2.16.

Confirm death sentences, grant pardons, and commute convictions and penalties in accordance with the law;

5.2.17.

Confer national honours, both civil and military, in accordance with the laws governing such decorations and medals;

5.2.18.

Preside over the swearing into office of heads of Independent Institutions, Commissions and Parastatals, as per this Agreement;

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5.3.

5.2.19.

Perform any other function as may be prescribed by the TCRSS, this Agreement and the Law;

In the event that the post of the President falls vacant during the Transition Period, for any reason, including mental infirmity or physical incapacity of the office holder, the replacement shall be nominated by the top leadership body of the respective Party as at the signing of this Agreement.

Such a process of replacement shall not exceed twenty four (24) hours.

And in the event that the post of the President falls vacant during the Transition Period, for any reason, including mental infirmity or physical incapacity of the office holder, the replacement shall be nominated by the unified ruling Party.

Such a process of replacement shall not exceed twenty four (24) hours.

First Vice President of the Republic of South Sudan

For the duration of the Transition, there shall be established the office of the First Vice President of the Republic of South Sudan, to supervise the implementation of the reforms outlined in this Agreement and exercise the powers, functions and responsibilities outlined below.

The office of the First Vice President shall cease to exist at the conclusion of the Transition Period unless otherwise decided in the permanent Constitution.

6.

6.1.

6.2. The First Vice President of the TGoNU shall be selected by the South Sudan Armed Opposition.

6.3.

The Powers, Functions and Responsibilities of the First Vice President shall be to:

6.3.1.

Coordinate the implementation of this Agreement and initiate institutional reforms as prescribed in this Agreement;

6.3.2.

Serve as Commander-in-Chief of the South Sudan Armed Opposition forces during the Pre-Transition Period and the period or until the establishment of the shared unified command of the NDFSS.

6.3.3.

Serve as the Acting Commander-in-Chief of the unified South Sudan National Defence Forces in the event of any temporary absence of the President after the unification of the forces;

6.3.4.

Chair the cabinet clusters;

6.3.5.

Serve as Deputy Chair of EFMA Board;

6.3.6.

Serve as Deputy Chair of the NSC;

6.3.7.

Serve as Deputy Chair of the NDC;

6.3.8.

Oversee the preparation and consideration of TGoNU business and programmes;

6.3.9.

Follow up and ensure the implementation of Council of Ministers’ decisions with the relevant Ministries and institutions;

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6.3.10.

Oversee implementation of laws passed by the Transitional National Legislative Assembly;

6.3.11.

In the absence of the President, the First Vice President shall chair the Council of Ministers;

6.3.12.

Carry out other function as may be prescribed by law, as long as such laws do not contradict the terms of this Agreement;

6.4. In the event that the post of the First Vice President falls vacant during the Transitional Period, for any reason, including mental infirmity or physical incapacity of the office holder, the replacement shall be nominated by the top leadership body of the South Sudan Armed Opposition as at the signing of this Agreement.

Such a process of replacement shall not exceed forty eight (48) hours.

The successor as the First Vice President shall serve in Office until the end of the Transition Period.

And in the event that the post of the First Vice President falls vacant during the Transitional Period, for any reason, including mental infirmity or physical incapacity of the office holder, the replacement shall be nominated by the unified ruling Party.

Such a process of nomination shall not exceed forty eight (48) hours.

The successor as the First Vice President shall serve in Office until the end of the Transitional Period.

6.5. In the event of temporary absence of the First Vice President, the First Vice President may delegate a senior South Sudan Armed Opposition Minister to carry out functions and duties as stipulated in this Agreement.

7. Vice President of the Republic of South Sudan

7.1. The incumbent Vice President of the Republic of South Sudan shall serve as Vice President for the Transitional Period.

7.2. The Powers, Functions and Responsibilities of the Vice President shall be to:

7.2.1.

7.2.2.

7.2.3.

7.2.4.

Oversee the work of the National Commissions and Parastatals;

Serve as a member of the NSC and the NDC;

Serve as Acting Commander in Chief of the NDFSS in the event of any temporary absence of the President before the unification of the two forces;

Perform any other function or duty that may be assigned by the President, including the chairing of ad-hoc sub-committees of the Council of Ministers, as long as such assigned functions or duties do not conflict with the powers, functions and responsibilities of the First Vice President.

7.3. In the

reason, including mental infirmity or physical incapacity of the office holder, the President shall appoint a replacement, as per the terms of the TCRSS (amended 2015).

Such a process of

event that the post of Vice President falls vacant during the Transition Period, for any

9

replacement shall not exceed forty eight (48) hours.

The appointment of a replacement Vice President shall be endorsed by the Transitional National Legislative Assembly (TNLA).

8. Powers, Functions and Responsibilities to be exercised by the President, the First Vice President and the Vice President through consultation and mutual agreement

The TGoNU is founded on the premise that there shall be collegial decision-making and continuous consultation between the President, the First Vice President and the Vice President, in order to ensure effective governance during the Transitional Period.

8.1.

Powers exercised by the President in consultation with the First Vice President in order to reach at mutual understanding and agreement in accordance with this Agreement and the law:

8.1.1.

8.1.2.

8.1.3.

The nomination and appointment of Constitutional office holders including state governors;

Commissioning, appointment, promotion, retirement and dismissal of officers of the NDFSS and other organized forces with the approval of the National Defence Council (NDC) or National Security Council (NSC), as appropriate;

The nomination and appointment of the members of independent Commissions, interim and ad hoc Commissions and Committees;

8.2. The following powers, functions and responsibilities shall be initiated by the President, in accordance with the TCRSS (amended 2015), and shall require the agreement of the First Vice President and the Vice President:

8.2.1.

Declaration and termination of state of emergency;

8.2.2.

Declaration of war;

8.3. The following powers, functions and responsibilities may be initiated by either the President or the First Vice President, and shall require the agreement of the other:

8.3.1.

Initiation of Constitutional amendments, except as provided for in Chapter I, Article 13 of this Agreement;

8.3.2.

Convening, summoning and/or adjourning the Transitional National Assembly for ordinary sessions, in consultation with the Speaker of the Transitional National Assembly;

8.3.3.

Initiation of legislation;

9. Decision Making and Consultation Procedures in the Executive of the TGoNU

9.1. The President and the First Vice President:

9.1.1 The President and the First Vice President shall seek to reach agreement on matters of Executive Administration and where appropriate involve the Vice President.

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10.

9.1.2.

The President and the First Vice President shall consult regularly in the exercise of their functions.

Consultations may be made through different means but all shall be officially recorded in writing, to preclude misunderstanding and any conflict.

The President and the First Vice President may include the Vice President in such consultations when the President and the First Vice President agree to do so.

9.1.3.

In the event of a deadlock in the exercise of joint Executive powers listed below, the matter shall be decided by the Council of Ministers, which shall require the agreement of two-thirds of the members of the Council of Ministers (67%), with a quorum of at least twenty-three (23) of the Members of the Council of Ministers present.

The decision of the Council of Ministers shall be final:

9.1.3.1.

9.1.3.2.

9.1.3.3.

Council of Ministers

In the appointment of Constitutional office holders, including State Governors;

In the appointment and establishment of independent Commissions, interim and ad hoc Commissions and committees as indicated in Chapter 1, Article 8.1.3;

The initiation of legislation necessary to implement this Agreement.

10.1.

The power-sharing formula that shall apply to the Council of Ministers and any other institution reconstituted by this Agreement shall be as follows, unless otherwise specified in this Agreement:

10.1.1 GRSS:

fifty three (53) per cent of Ministerial portfolios (16 Ministers);

10.1.2 South Sudan Armed Opposition:

thirty three (33) per cent of Ministerial portfolios (10 Ministers);

10.1.3 Former Detainees:

seven (7) per cent of Ministerial portfolios (2 Ministers);

10.1.4 Other Political Parties:

seven (7) per cent of Ministerial portfolios (2 Ministers)

10.2.

The Council of Ministers shall comprise thirty (30) Ministries, organised in three (3) Sectoral clusters.

No other Ministries shall be created during the Transitional Period.

The Ministries of the TGoNU shall be as follows:

10.2.1.

Governance Cluster, ten (10) Ministries:

Cabinet Affairs;

Foreign Affairs and International Cooperation;

Defence and Veterans’ Affairs;

Interior;

Justice and Constitutional Affairs;

National Security;

Parliamentary Affairs;

Information, Communication Technology and Postal Services;

Ministry of Federal Affairs;

Minister in the Office of the President;

10.2.2.

Economic Cluster, thirteen (13) Ministries:

Finance and Planning;

Petroleum;

Mining;

Agriculture and Food Security;

Livestock and Fisheries;

Trade and Industry;

Energy and Dams;

Transport;

Roads and Bridges;

Environment and

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Forestry;

Land, Housing and Urban Development;

Water Resources and Irrigation, Wildlife Conservation and Tourism.

10.2.3.

Service Delivery Cluster, seven (7) Ministries:

Higher Education, Science and Technology;

General Education and Instruction;

Health;

Labour, Public Service and Human Resource Development;

Gender, Child and Social Welfare;

Culture, Youth, and Sports;

Humanitarian Affairs and Disaster Management.

10.3.

The Council of Ministers shall carryout the following duties and responsibilities:

10.3.1.Ensure the implementation of this Agreement, relevant programs and processes, and national reforms, and lead the TGoNU in a manner consistent with peace, inclusive governance, and reconciliation;

10.3.2.

Prepare, initiate and implement legislation;

10.3.3.Develop Government policies and programs at the national level, and where applicable to sub-national levels;

10.3.4.

Manage and allocate resources to support the implementation of these policies and programs, within the framework of the approved national budget of the TGoNU;

10.3.5.Supervise and co-ordinate the functioning of Government departments and administration, and ensure that State organs have sufficient financial and other resources and operational capacity to carry out their functions.

10.3.6.

Perform any other function or duty as may be prescribed by the TCRSS, this agreement and the law.

10.4.

The Council of Ministers shall take decisions by consensus.

10.4.1.

10.4.2.

10.4.3.

In the absence of consensus, on procedural and routine matters, decisions shall require a simple majority of the members of the Council of Ministers present.

In the absence of consensus, on substantive matters, decisions shall require the agreement of two thirds (67%) of the members of the Council of Ministers present.

Twenty three (23) members of the Council shall make the quorum of the Council of Ministers.

10.5.

Deputy Ministers

10.5.1.

There shall be eight (8) Deputy Ministers who shall assist their respective Ministers in the performance of the Ministers’ functions and duties and shall act in the Ministers’ absence.

No other Deputy Ministers shall be appointed during the Transition Period.

10.5.2.

Deputy Ministers shall be appointed as follows:

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10.5.2.1.Governance Cluster:

Deputy Minister of Foreign Affairs and International Cooperation;

Deputy Minister of Defence and Veterans’ Affairs;

Deputy Minister of Interior;

Deputy Minister of Justice and Constitutional Affairs;

Deputy Minister of Information, Communication Technology and Postal Services

10.5.2.2.Economic Cluster:

Deputy Minister of Finance and Planning;

Deputy Minister of Agriculture and Food Security

10.5.2.3.

Service Deliver Cluster:

Deputy Minister of Labour;

Public Service and Human Resource Development;

10.5.

Selection of Ministries and Appointment Procedure for Ministers and Deputy Ministers

10.5.1.

Upon signing this Agreement, each Party to this Agreement shall nominate TGoNU Ministerial portfolios on a rotational basis according to the following procedure:

10.5.1.1.

10.5.1.2.

10.5.1.3.

10.5.1.4.

10.5.1.5.

10.5.1.6.

10.5.1.7.

10.5.1.8.

The GRSS shall nominate the first TGoNU Ministerial portfolio, from any of the Ministerial sectoral clusters, as described in Chapter I, Article 10.2 sub- Articles (10.2.1), (10.2.2) and (10.2.3) of this Agreement;

The South Sudan Armed Opposition shall nominate the second TGoNU Ministerial portfolio, from any of the Ministerial sectoral clusters, as described in Chapter I, Article 10.2.sub- Articles (10.2.1), (10.2.2), and (10.2.3) of this Agreement;

The Former Detainees shall nominate the third TGoNU Ministerial portfolio, from any of the Ministerial sectoral clusters, as described in Chapter I, Article 10.2.

sub- Articles (10.2.1), (10.2.2), and (10.2.3)of this Agreement;

The Other Political Parties shall nominate the fourth TGoNU Ministerial portfolio, from any of the Ministerial sectoral clusters, as described in Chapter I, Article 10.2.

sub- Articles (10.2.1), (10.2.2), and (10.2.3) of this Agreement;

The GRSS shall nominate the fifth TGoNU Ministerial portfolio, by selecting a Ministerial portfolio from a different Ministerial sectoral cluster to that of its choice of first Ministerial portfolio;

The South Sudan Armed Opposition shall nominate the sixth TGoNU Ministerial portfolio, from a different Ministerial sectoral cluster to that of its choice of first Ministerial portfolio;

The Former Detainees shall nominate the seventh TGoNU Ministerial portfolio, from a different Ministerial sectoral cluster to that of its choice of first Ministerial portfolio;

The Other Political Parties shall nominate the eighth TGoNU Ministerial portfolio, from a different Ministerial sectoral cluster to that of its choice of first Ministerial portfolio.

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10.6.1.

10.6.2.

10.6.3.

11.

11.1.

Each Party may remove its representatives in the Council of Ministers and nominate replacements by notifying the President and the First Vice President, with at least fourteen (14) days notice;

In the event that a Ministerial post falls vacant during the Transition Period, the replacement shall be nominated by the top leadership body of the party that first selected that Ministerial portfolio, as appointed at the commencement of the Transition.

The replacement Minister shall serve in office until the end of the Transition Period;

In the event that a Deputy Ministerial post falls vacant during the Transition Period, the replacement shall be nominated by the top leadership body of the party that first nominated that ministerial portfolio, as appointed at the commencement of the Transition, or their duly chosen replacements as Ministers.

The replacement Deputy Minister shall serve in office until the end of the Transition Period.

The Transitional National Legislative Assembly and the Council of States

Effective no later than ninety (90) days from the signing of this Agreement, the National Legislative Assembly shall be expanded for the duration of the Transitional Period.

The expanded Assembly shall be known as the Transitional National Legislative Assembly (TNLA), comprising of four hundred (400) members, including the prior three hundred and thirty two (332) members and an additional sixty-eight (68) representatives appointed according to the following criteria:

10.5.1.9.

Subsequent nominations of Ministerial portfolios by the GRSS and South Sudan Armed Opposition shall continue, on the same rotational basis, and continuing to alternate between the three (3) Ministerial sectoral clusters, until these Parties have their full allocation of TGoNU Ministerial portfolios, in accordance with the power-sharing formula provided in Chapter I, Article 10.1.

sub- Articles (10.1.1) and (10.1.2) of this Agreement, and the selection of TGoNU Ministerial portfolios is complete;

10.5.2.

In accordance with the TCRSS provisions providing for the participation of women in the Executive (25%), the GRSS shall nominate no fewer than four (4) women to the Council of Ministers, and the South Sudan Armed Opposition shall nominate no fewer than three (3) women to the Council of Ministers.

Parties shall give due consideration to national diversity, including regional representation, in appointing their nominees.

10.5.3.

The nominees to the Council of Ministers shall be sworn in by the President.

10.5.4.

Deputy Ministers shall be appointed by the Party holding the respective Ministry.

In accordance with the TCRSS provisions on the participation of women in the executive, no fewer than two (2) of the Deputy Ministers shall be women.

10.5.5.

The nominated Deputy Ministers shall be sworn in by the President.

10.6.

Replacement and Removal Procedures:

a. b. c.

South Sudan Armed Opposition:

fifty (50) members;

Former Detainees:

one (1) member;

Other Political Parties:

seventeen (17) members;

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11.2.

Members of the National Legislative Assembly and the Council of States unseated from the National Legislative Assembly or the Council of States following the crisis in the Republic of South Sudan on 15 December 2013, shall be reinstated to their seats, and shall continue to serve for the duration of the term of the Assembly or the Council of States, respectively during the Transitional Period;

11.3.

The duration and term of the TNLA shall run concurrently with that of the TGoNU, as per the terms of this Agreement, until such time as Elections are held, with the current term and mandate of the incumbent members of the National Assembly extended as per Chapter I, Article 1.4.

of this Agreement;

11.4.

The selection of the Speaker of the TNLA, who hails from Equatoria, shall be conducted once the expansion of the membership of the Assembly is complete;

11.5.

The functions and mandate of the TNLA shall remain as stipulated in the Transitional Constitution of the Republic of South Sudan, 2011 as amended in 2015, unless otherwise specified by the terms of this Agreement.

11.6.

The TNLA shall, in the conduct of its business, support this Agreement and enact legislation that enables and assists the transitional processes and reforms described in this Agreement;

11.7.

Decisions in the TNLA on matters pertaining to this Agreement shall be by consensus and in lieu of that, shall be by two thirds (2/3) majority of all the members;

11.8.

Decisions in the TNLA on other matters not related to this Agreement shall be by consensus and in lieu of that by simple majority;

11.9.

The composition, functions and mandate of the Council of States shall continue as constituted under the TCRSS 2011, for the duration of the Transitional Period, until such time as Elections are held.

The Judiciary

12.1.

The Judiciary of South Sudan shall be independent and subscribe to the principle of separation of powers and the supremacy of the rule of law, in accordance with the TCRSS, 2011.

12.2.

There shall be reforms of the judiciary that shall include but not be limited to the review of the Judiciary Act during the Transition.

Notwithstanding, efforts shall be made to build the capacity of the judicial, personnel, and infrastructure.

Pre-Transitional Period and National Constitutional Amendment Committee (NCAC)

13.1.

Upon signing this Agreement, the IGAD-led Mediation in consultation with the Parties and other stakeholders shall initiate the formation of a representative National Constitutional Amendment Committee (NCAC), with the mandate to complete the tasks necessary to prepare for the Transition Period and form the TGoNU.

The mandate of NCAC shall also extend up to a maximum of twelve (12) months into the Transition Period to draft new or revise, as appropriate, other legislations provided in this Agreement.

The Committee shall have competent legal capacity to perform the following tasks:

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13.1.1.

To draft a Constitutional Amendment Bill within twenty one (21) days upon signing this Agreement.

The Bill shall incorporate this Agreement into the Transitional Constitution of the Republic of South Sudan of 2011 (TCRSS).

In the event of any contradictions, the provision of this Agreement shall prevail;

13.1.2.

Drafting of Amendments to relevant national security legislations that relate to this Agreement (including, but not limited to the SPLA Act, 2009;

National Security Act, 2014;

The Police Service Act, 2009;

The Prison Service Act, 2011;

The Wildlife Service Act, 2011), in order to conform relevant national legislation to the provisions of this Agreement.

The NCAC shall complete the drafting of these Amendments within forty five (45) days from the date of signature of this Agreement;

13.1.3.

Amendments to other legislations and incorporating any reforms relevant to this Agreement shall be completed within the first (1st) year of the date of signature of this Agreement.

13.1.4.

To receive the list of nominees of the respective Parties indicated in Chapter I, Article 11.1.

of this Agreement, relating to the appointment of additional members to the Transitional National Legislative Assembly (TNLA).

The list shall be submitted to the President who shall forward it to the National Legislative Assembly.

13.2.

The NCAC shall be composed of eight (8) members nominated as follows and chaired by a representative of IGAD:

13.2.1.

GRSS:

two (2);

13.2.2.

South Sudan Armed Opposition:

two (2);

13.2.3.

Former Detainees:

one (1);

13.2.4.

Other Political Parties:

one (1);

13.2.5.

Representative of IGAD:

two (2);

13.3.

Upon its establishment, the NCAC shall recruit its own secretariat.

13.4.

The Minister of Justice of the Government of the Republic of South Sudan (GRSS) shall receive the draft Amendments to the TCRSS and other legislation relevant to this Agreement prepared by the NCAC and shall present those Amendments to the Council of Ministers and the Transtional National Assambly, within seven (7) days of receiving the Amendments from the NCAC;

13.5.

The Transitional National Assembly shall ratify the Amendments to the TCRSS within thirty (30) days upon receipt from the Minister of Justice;

13.6.

The President shall assent to the Amendments no later than the end of the Pre- Transition (within 90 days of the signing of this Agreement).

The Amended Constitution shall be known as the Transitional Constitution of South Sudan, TCRSS (amended 2015) ;

13.7.

Institutions and mechanisms that are necessary for the establishment of the TGoNU provided in this Agreement shall be established or reconstituted during the Pre- Transition Period taking into consideration inclusivity and national diversity of the people of South Sudan.

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14. Transitional Institutions and Mechanisms

14.1.During the Transitional Period, the following existing Commissions and Institutions shall be reconstituted at the national level, as provided for in this Agreement.

Within the first (1st) month of the TGoNU, the Executive shall supervise and facilitate the reforms and reconstitutions of the Commissions and Institutions paying particular attention to the mandate and appointments, to ensure their independence and accountability:

15.

14.1.1.

Anti-Corruption Commission (ACC);

14.1.2.

Public Grievances Chamber (PGC);

14.1.3.

Fiscal, Financial Allocation and Monitoring Commission (FFAMC);

14.1.4.

National Audit Chamber (AC);

14.1.5.

Relief and Rehabilitation Commission (RRC);

14.1.6.

Peace Commission (PC);

14.1.7.

National Bureau of Statistics (NBS);

14.1.8.

Human Rights Commission (HRC);

14.1.9.

Judicial Service Commission (JSC);

14.1.10.

Civil Service Commission (CSC);

14.1.11.

Land Commission (LC);

14.1.12.

Electricity Corporation (EC);

14.1.13.

Refugees Commission (RC);

14.1.14.

South Sudan Broadcasting Corporation (SSBC);

14.1.15.

National Petroleum and Gas Commission (NPGC);

14.1.16.

National Bureau of Standards (NBS);

14.1.17.

Urban Water Corporation (UWC);

14.1.18.

Roads Authority;

Structure and Composition of State Governments

15.1.

Not later than one month of the commencement of the Transitional Period, Transitional Governors of Jonglei, Unity and Upper Nile states shall be appointed for the duration of the Transition.

For two of the Governors position in Upper Nile and Unity States, the South Sudan Armed Opposition shall nominate the candidates which the President shall appoint respectively.

The GRSS will nominate the Governor of Jonglei State.

15.2.The State Council of Ministers in the States of Jonglei, Unity, and Upper Nile shall be reconstituted and appointed at the beginning of the Transition, and not later than a month, as per the following power sharing ratios:

15.2.1.

GRSS:

forty-six (46) percent;

15.2.2.

South Sudan Armed Opposition:

forty (40) percent;

15.2.3.

Former Detainees:

seven (7) percent;

15.2.4.

Other Political Parties:

seven (7) percent.

15.3.

In the remaining seven states the GRSS will have eighty five (85) percent of the Executive while the South Sudan Armed Opposition will have a representation of fifteen (15) percent in the Executive of the respective states.

15.4.

In the event that a State Ministerial post falls vacant during the Transitional Period, the replacement State Minister shall be nominated by the top leadership body of the party that first selected that State Ministerial portfolio, as appointed at the

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15.5.

commencement of the Transition.

The replacement State Minister shall serve in office until the end of the Transition Period;

The State Legislative Assemblies (SLA) in Jonglei, Unity, and Upper Nile shall return to their membership prior to the political crisis of 15 December 2013, and continue to serve as Transitional State Legislative Assemblies (TSLA) until such time as Elections are held.

Members of the SLA dismissed from their respective assemblies following the crisis on 15 December 2013 shall be reinstated.

16. National Elections

16.1.

The National Constitutional Amendment Committee (NCAC) shall review the Political Parties Act, 2012, and ensure that the Act complies with international best practices for the free and democratic registration of Political Parties in South Sudan, no later than six (6) months after the signing of this Agreement and present to the Assembly for adoption.

The Act shall permit the open registration of Parties until the twelve (12) months prior to National Elections.

16.2.

The Executive of the TGoNU shall reconstitute the Political Parties Council not later than two (2) months after amendement of the Political Parties Act, and no later than eight (8) months following the signature of this Agreement,

16.3.

The National Elections Act, 2012 shall be amended to conform with the terms of this Agreement, no later than six (6) months following the signature of this Agreement.

16.4.

No later than seven (7) months following the signature of this Agreement, the President, with the agreement of the First Vice President, and in consultation with the Parties to this Agreement and with the approval of the TNLA, shall reconstitute a competent and impartial National Elections Commission (NEC), to conduct Elections.

16.5.

The National Election Commission (NEC) shall organize Elections for President, the National Assembly, State Governors and State Assemblies sixty (60) days prior to the end of the Transition Period and shall ensure that the outcome is broadly reflective of the will of the electorate.

16.6.

The TGoNU, from its inception, shall address challenges of repatriation, resettlement, rehabilitation and reconstruction of IDPs and returnees as critical factors affecting peace- building and Elections.

16.7.

The reconstituted NEC, shall, upon its formation, request the assistance of the United Nations and the African Union in the following areas but not limited to:

16.7.1.

Establishment of subsidiary electoral management bodies at state level;

16.7.2.

Establishment of procedures for the voter registry and targeted voter registration;

16.7.3.

Procurement of electoral material;

16.7.4.

Capacity building;

16.7.5.

Polling and Elections security arrangements;

16.7.6.

Tallying and counting;

16.7.7.

Announcement of election results;

16.7.8.

Complaints procedures;

16.7.9.

Support to civic education and voter outreach;

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16.8.

The NEC may also request additional technical assistance from any other regional or international partners, as it deems necessary.

16.9.

Notwithstanding Article 2, Sub Article (2.1.12) of this Chapter, the requirement to conduct a national census in advance of these Elections, in order to determine the number of Electoral Constituencies, or for any other purpose related to these Elections, shall be waived and the necessary Constitutional and Legislative amendments to that effect made by the NCAC, as provided for in Chapter I, Article 13, sub –Article (13.4).

of this Agreement.

National and State Legislative Assembly Elections shall employ the geographic constituencies as defined in the 2010 Elections.

16.10.

The voter register shall be published no later than six (6) months prior to the holding of Elections;

existing registration data drawn from the National Elections of 2010 and the South Sudan independence referendum of 2011 shall serve as the basis for updating the register;

16.11.

Competent and impartial local, regional and international observers shall be invited and accredited by the NEC to monitor the conduct of the entirety of the Electoral process in accordance with the provisions of the amended National Elections Act.

16.12.

Any dispute regarding the propriety of the conduct and results of Presidential and Gubernatorial Elections shall be referred to the Supreme Court for determination.

The decision of the Court shall be final and binding.

Disputes for other legislative officers shall be handled by other designated competent courts.

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CHAPTER II:

PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

1. Permanent Ceasefire

1.1. The GRSS and South Sudan Armed Opposition (hereinafter in known as the warring parties) shall declare a Permanent Ceasefire, which shall enter into force in seventy two (72) hours upon the signing of this Agreement to ensure sustainable peace, and facilitate the operationalization of the Transition Security Arrangement and the resettlement and repatriation of returnees and Internally Displaced Persons (IDPs).

1.2. The warring parties shall disseminate the provisions of this Agreement to all forces under their command or influence, and allies, to ensure compliance immediately upon signing.

1.3. The Permanent Ceasefire shall apply to all forces of the warring parties, armed groups, and all other forces or militias allied to either Party, and shall be based on the Cessation of Hostilities (COH) Agreement of 23rd January 2014, and its implementation modalities matrix.

1.4. Within seventy two (72) hours of the signing of this Agreement, the Parties shall embark on a series of Permanent Ceasefire Arrangements including cessation of hostilities, disengagement, separation and withdrawal of forces including allies of both parties (forces, militias) in the theatre of operations on the basis of the 23rd January 2014 CoH Agreement, and report compliance to Monitoring and Verification Mechanism (MVM).

1.5. The warring parties agree to a complete withdrawal of all state security actors allied to either Party in conflict within forty five (45) days upon signing of this Agreement from the territory of the Republic of South Sudan with the exception of Western Equatoria State, based on agreements entered into by the Government of the Republic of South Sudan prior to the onset of the 15th December 2013 crisis.

1.6. The warring parties agree that all non-state security actors including, but not limited to Sudanese Revolutionary Forces (SPLM-North, JEM, SLA-Minawi, SLA-Abdulwahid) shall be disarmed, demobilized and repatriated by the state actors with whom they have been supporting within the Pre-Transitional Period.

1.7. The warring parties shall refrain from prohibited actions outlined in the Cessation of Hostilities Agreement of 23rd January 2014, which inter-alia include but are not limited to:

1.7.1.

Actions that may impede or delay the provision of humanitarian assistance, or protection to civilians, and restrict free movement of people;

1.7.2.

Acts and forms of sexual and gender-based violence, including sexual exploitation and harassment;

1.7.3.

Recruitment and/or use of child soldiers by armed forces or militias in contravention of international conventions;

1.7.4.

Offensive, provocative or retaliatory actions such as dissemination of hostile propaganda, unauthorized recruitment, mobilization, redeployment and movement of forces and any other activities that may jeopardize this Agreement;

1.7.5.

Acts of hostility, intimidation, violence or attacks against the civilian population

20

including IDPs and returnees as well as UNMISS personnel, installations or equipment, international humanitarian agencies including the UN agencies, International Organizations and Non-Governmental Organizations including their personnel, installations or equipment, IGAD MVM or its successor institution;

Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM).

1.8. The warring parties agree to a Permanent Ceasefire and Transitional Security Arrangements (PCTSA) workshop convened by the Mediation, which should be completed within 14 days of the signing of this Agreement.

Those nominated by the parties for the workshop shall among others:

1.8.1.

Declare the disposition of forces down to battalion level;

1.8.2.

Establish demilitarized areas;

1.8.3.

Withdrawal routes and;

1.8.4.

Cantonment/Assembly areas;

1.8.5.

Determine the size of force