Agreement on a Cessation of Hostilities between the Government of the Republic of South Sudan and the South Sudan Democratic Movement/Defense Army, Cobra Faction

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on a Cessation of Hostilities between the Government of the Republic of South Sudan and the South Sudan Democratic Movement/Defense Army, Cobra Faction
Date: 30 Jan 2014
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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 Local agreements
Parties: Hon. Canon Clement Janda, Head of Delegation, Government of the Republic of South Sudan [Signed]

Lt. Gen. Khalid Boutros, Head of Delegation, South Sudan Democratic Movement/Defense Army Cobra Faction [Signed]
Third parties: Witnessed by the Church Leadership Mediation Initiative (CLMI)

Emeritus Bishop Paride Taban Kenyi, Chairperson, CLMI [Signed]

Bishop Paul P. Benjamin Yugusuk, Spokesperson, CLMI [Signed]

Bishop Arkanjelo Wani Lemi, Member, CLMI [Signed]

Professor Hizkias Assefa, Moderator [Signed]
Description: Agreement outlining a cessation of hostilities between the two parties as well as a neutral policy by the Cobra faction during the larger conflict between the Government of South Sudan and the SPLM/A-In Opposition. Mediated by Church elders and outlines a Monitoring and Verification Team.

Agreement document: SS_140130_Agreement btw GRSS and SSDM-SSDA-Cobra.pdf (opens in new tab) | Download PDF

Groups

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

Gender

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

State definition

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

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
... V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
The Church Leaders Mediation Initiative (CLMI) shall be the overall body for monitoring, supervising and solving any potential conflict that may arise or occur in the implementation of the Cessation of Hostilities Agreement.

Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Monitoring and Verification Team
1. The Monitoring and Verification Team (MVT) shall be composed of:
i. Church members chosen by the CLMI

Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Monitoring and Verification Team
... 3. The Monitoring and Verification Team (MVI) shall report to the Church Leaders Mediation Initiative. in case of a violation of the Agreement the CLMI shall seek an amicable solution. If the CLMI is unable to solve the matter, then the same is referred to the Leadership of the Two Parties.

Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Terms of Reference for MVT
The Terms of Reference for the Monitoring and Verification Team shall include, but not necessarily be limited to:
... iv. Reporting violations to the CLMI.

Page 5, Mediated by;
Church Leaders Mediation Initiative (CLMI), led by Bishop Patide Taban Kenya (Chairperson, CLMI)
Bishop Paul P. Benjamin Yugusuk, (Spokesperson CLMI)
Bisphop Arkanjelo Wani Lemi (Member CLMI)
Professor Hizkias Assefa, (Moderator)
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: No specific mention.
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: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
... IV. HOSTILE PROPAGANDA
The Parties agree to refrain from all hostile propaganda aimed at each other. They agree that no communication regarding this Cessation of Hostilities Agreement shall be made to the public without mutual agreement and the agreement of the Mediation Team of this peace negotiation.
Mobility/access: Page 4, VI. HUMANITARIAN ASSISTANCE
The parties shall continue to keep humanitarian corridors open and support all humanitarian assistance to affected areas and communities in Jonglei State.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 4, VI. HUMANITARIAN ASSISTANCE
The parties shall continue to keep humanitarian corridors open and support all humanitarian assistance to affected areas and communities in Jonglei State.
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
Page 2, Cognizant of the Unilateral Declaration of Ceasefire by the Sudan People' s Liberation Army on January 6, 2014 and the same accepted by the SSDA, Cobra Faction as a way of creating a conducive environment for meaningful peace negotiations between the two parties.

Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
I. AFFIRMATION OF THE CEASEFIRE AND CESSATION OF HOSTILITIES
i. The Parties have reaffirmed their commitment to the Cease Fire Declaration unilaterally announced by the Government of the Republic of South Sudan on the 6th day of January 2014 and duly accepted by SSDM/ A Cobra Faction on the 7th day of January 2014.
ii. The Parties further agree to an immediate cessation of hostilities, firmly commit to non-aggression between them and refrain from any other action that may undermine the negotiations taking place in Addis Ababa.

Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Monitoring and Verification Team
1. The Monitoring and Verification Team (MVT) shall be composed of:
... iii. The Joint Military Team
2. Composition of the Joint Military Team:
The Joint military team shall comprise of an equal number from the SPLA and SSDA, Cobra Faction whose nomination, orientation and deployment shall be done by the Leadership of the two Parties.
Police: No specific mention.
Armed forces: Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
... III. PEACE ZONE
... ii. SPLA troop movement into areas controlled by SSDM/ A Cobra Faction shall be notified in advance if such a movement is in the interest of the two parties.

Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Monitoring and Verification Team
1. The Monitoring and Verification Team (MVT) shall be composed of:
... iii. The Joint Military Team
2. Composition of the Joint Military Team:
The Joint military team shall comprise of an equal number from the SPLA and SSDA, Cobra Faction whose nomination, orientation and deployment shall be done by the Leadership of the two Parties.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
... II. NEUTRALITY
The SSDM/ A Cobra Faction agree to remain neutral in the ongoing conflict between SPLA and the forces led by Dr. Riek Machar.

Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
... III. PEACE ZONE
i. The Parties agree that the territories under the control of the SSDM/ A Cobra Faction shall remain a Zone of Peace.

Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
... III. PEACE ZONE
... iii. During the period of the Cessation of Hostilities Agreement, the SPLA mobilization in the SSDM/ A Cobra Faction areas of control shall be withheld until the final and comprehensive peace agreement is reached.

Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Monitoring and Verification Team
1. The Monitoring and Verification Team (MVT) shall be composed of:
... iii. The Joint Military Team
2. Composition of the Joint Military Team:
The Joint military team shall comprise of an equal number from the SPLA and SSDA, Cobra Faction whose nomination, orientation and deployment shall be done by the Leadership of the two Parties.
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 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
I. AFFIRMATION OF THE CEASEFIRE AND CESSATION OF HOSTILITIES
... iii. As a gesture of good will and affirmation of this Cessation of Hostilities Agreement, the Government agree to investigate and to release as soon as possible any detainees alleged to be members of SSDM/ A Cobra Faction who are still in custody of the Government.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, Convinced of the urgent need for reconciliation in Jonglei State in particular and the country at large;

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Monitoring and Verification Team
1. The Monitoring and Verification Team (MVT) shall be composed of:
... ii. UNMISS as per their mandate in South Sudan
Enforcement mechanism: Page 3, NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:
... V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
The Church Leaders Mediation Initiative (CLMI) shall be the overall body for monitoring, supervising and solving any potential conflict that may arise or occur in the implementation of the Cessation of Hostilities Agreement.

Page 4, V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION
... Terms of Reference for MVT
The Terms of Reference for the Monitoring and Verification Team shall include, but not necessarily be limited to:
i. Monitoring of the Implementation of this Agreement.
Related cases: No specific mention.
Source: Gurtong.net; http://www.gurtong.net/LinkClick.aspx?fileticket=mvVHdl-Wsd4%3d&tabid=124

AGREEMENT ON A CESSATION OF HOSTILITIES BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH SUDAN AND THE SOUTH SUDAN DEMOCRATIC MOVEMENT/DEFENSE ARMY, COBRA FACTION ADDIS ABABA, ETHIOPIA

30th January 2014

PRELIMINARY

We the Representatives of the Govemment of the Republic of South Sudan and the South Sudan Democratic Movement/Defense Army Cobra Faction met in Addis Ababa, Ethiopia between January 23rd to 29th -2014, under the auspices of the Church Leaders Mediation lnitiative (CLMI) on Jonglei peace dialogue chaired by Bishop Patide Taban ;

note that they are:

Mindful of the fact that the country is in need of a peaceful and durable solution to the conflict that made the SSDM/ A, Cobra Faction resort to armed option;

Cognizant of the Unila~eral Declaration of Ceasefire by the Sudan People' s Liberation Army on January 6, 2014 and the same accepted by the S5DA, Cobra Faction as a way of creating a conducive environment for meaningful peace negotiations between the two Parties;

Aware of the current engagement in negotiations to find solutions to the conflicts taking place in Jonglei State in general, the conflict between the

Parties in particular and the necessity to reach a comprehensive peace deal in the area;

Determined to see that the country and the region is peaceful and prosperous and that the communities do not plunge into conflict and war again;

Convinced of the urgent need for reconciliation in Jonglei State in particular and the country at large;

United to realize the vision of a stable region where communities live and coexist in peace and harmony and

Further cognizant of the need to create a conducive environment for the successful completion of the negotiations;

NOW THEREFORE, the Parties hereto agree to a Cessation of Hostilities as follows:

I. AFFIRMATION OF THE CEASEFIRE AND CESSATION OF HOSTILITIES

i. The Parti.es have reaffirmed their commitment to the Cease Fire Declaration unilaterally announced by the Government of the Republic of South Sudan on the 6th day of January 2014 and duly accepted by SSDM/ A Cobra Faction on the 7th day of January 2014.

ii. The Parti.es further agree to an immediate cessation of hostilities, firmly commit to non-aggression between them and refrain from any other action that may undermine the negotiations taking place in Addis Ababa.

ili. As a gesture of good will and affirmation of this Cessation of Hostilities Agreement, the Government agree to investigate and to release as soon as possible any detainees alleged to be members of SSDM/ A Cobra Faction who are stili in custody of the Government.

II. NEUTRALITY

The SSDM/ A Cobra Faction agree to remain neutral in the ongoing conflict between SPLA and the forces led by Dr. Riek Machar.

III. PEACE ZONE

i. The Parties agree that the territories under the control of the SSDM/ A Cobra Faction shall remain a Zone of Peace.

il. SPLA troop movement into areas controlled by SSDM/ A Cobra Faction shall be notified in advance if such a movement is in the interest of the two parties.

iii. During the period of the Cessation of Hostilities Agreement, the SPLA mobilization in the SSDM/ A Cobra Faction areas of control shall be withheld until the final and comprehensive peace agreement is reached.

IV. HOSTILE PROPAGANDA

The Parties agree to refrain from all hostile propaganda aimed at each other.

They agree that no communication regarding this Cessation of Hostilities Agreement shall be made to the public without mutual agreement and the agreement of the Mediation Team of this peace negotiation.

V. SUPERVISION/MONITORING/VERIFICATION OF THE IMPLEMENTATION

The Church Leaders Mediation Initiative (CLMI) shall be the overall body for monitoring, supervising and solving any potential conflict that may arise or occur in the implementation of the Cessation of Hostilities Agreement.

Monitoring and Verification Team

1. The Monitoring and Verification Team (MVT) shall be composed of:

i. Church members chosen by the CLMI

ii. UNMISS as per their mandate in South Sudan

iii. The Joint Military Team

2. Composition of the Joint Military Team:

The Joint military team shall comprise of an equal number from the SPLA and SSDA, Cobra Faction whose nomination, orientation and deployment shall be done by the Leadership of the two Parties.

3. The Monitoring and Verification Team (MVI) shall report to the Church Leaders Mediation Initiative.

in case of a violation of the Agreement the CLMI shall seek an amicable solution.

If the CLMI is unable to solve the matter, then the same is referred to the Leadership of the Two Parties.

Terms of Reference for MVT

The Terms of Reference for the Monitoring and Verification Team shall include, but not necessarily be limited to:

i. Monitoring of the Implementation of this Agreement.

ii. Investigating and verifying of any allegation of violation.

iii. Providing early warning about matters that might undermine the implementation of this Agreement and take appropriate measures to diffuse them.

iv. Reporting violations to the CLMI.

v. Recommending amicable solutions to any disagreement arising out of the implementation and interpretation of this Agreement.

vi. Undertaking any other function that may be appropriate for the maintenance of this Agreement.

VI. HUMANITARIAN ASSISTANCE

The parties shall continue to keep humanitarian corridors open and support ali humanitarian assistance to affected areas and communities in Jonglei State.

VII. AMENDMENT OF THIS AGREEMENT

This Agreement shall not be amended or modified unless by a mutual agreement of the f!o parties.

VIII.

COMMENCEMENT OF THE AGREEMENT

This Agreement shall come into force on the date of its signature by the two Parties.

in witness of the above, the representatives of the Government of South Sudan and the SSDM/A Cobra Faction have signed this agreement on 30th day of January 2014, in Addis Ababa, Ethiopia.

Head of Delegation, Government of the Republic of South Sudan

Head of Delegation, South Sudan

Democratic Movemenf/Defense Army

Cobra Faction

Witnessed by the Church Leaders Mediation Initiative (CLMI)

Emeritus Bishop Paride Taban Kenyi, Chairperson, CLMI

Bishop Paul P. Benjamin Yugusuk,

Spokesperson, CLMI

Bishop Arkanje\o Wani Lemi,