Agreement on Resolution of the Conflict in Jonglei State between Government of the Republic of South Sudan and South Sudan Democratic Movement/Army-Cobra Faction (SSDM-SSDA-Cobra) (Yau Yau Agreement)

• Country/entity

  South Sudan
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Agreement on Resolution of the Conflict in Jonglei State between Government of the Republic of South Sudan and South Sudan Democratic Movement/Army-Cobra Faction (SSDM-SSDA-Cobra) (Yau Yau Agreement)
• Date

  9 May 2014
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

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

  Framework/substantive - comprehensive
• Conflict nature

  Government
• Peace process

  South Sudan: Post-secession Local agreements
• Parties

  Hon. Canon Clement Janda, Head of Government Delegation [Signed]
  
  Lt. Gen. Khalid Boutros, Head of SSDM/A Cobra Faction [Signed]
• Third parties

  Witnessed by the Church Leadership Mediation Initiative (CLMI)
  
  Bishop Emeritus ParideTabanKenyi, Chairperson of the CLMI [Signed]
  
  Bishop Paul P. Benjamin Yugusuk, Spokesperson of the CLMI [Signed]
  
  Bishop ArkanjeloWani Lemi, Member of the CLMI [Signed]
  
  Professor Hizkias Assefa, Moderator [Signed]
• Description

  Agreement provides for the creation of the Greater Pibor Administrative Area and the re-integration of SSDA-Cobra movement, as well as the ceasefire.

• Agreement document

  SS_140509_Agreement on Jonglei State between GRSS and SSDM-SSDA-Cobra.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

PREAMBLE

The Government of the Republic of South Sudan and the South Sudan Democratic Movement/Defense Army Cobra Faction met in Addis Ababa, Ethiopia between April 30 to May 9 2014 under the auspices of the Church Leadership Mediation Initiative (CLMI) on Jonglei peace dialogue chaired by Bishop Paride Taban:

DETERMINED to achieve peace and promote unity amongst the different ethnic communities in the region including the Dinka, Nuer, Murle, Anyuak, Kechipo and Jie being multicultural, multi-lingual and multi-religious;

COMMITTED to abandon the culture of rev.enge including inhuman activities such as child abduction, murder, rape and torture;

MINDFUL of the fact that the country is in need ofa peaceful and durable solution to the conf1ict that made the SSDM/A, Cobra Faction resort to armed option;

AWARE of the current engagement in negotiations to find solutions to the conflicts taking place in the Country generally in order to reach a comprehensive peace deal;

CONSCIOUS o f the need to end the problem o f internal displacement amongst the population;

and

NOW THEREFORE, the parties agree to abide by the terms of this agreement and respect its implementation to the letter and spirit:

2

GUIDING PRINCIPLES

The Republic ofSouth Sudan is governed on the hasis ofa decentralizcd democratic system and is an all-embracing homeland for its people generally;

In particular, the Jonglei state is an equal homeland for the Anyuak, the Dinka, the Jie, the Kechipo, the Murle and the Nuer respectively.

It is therefore a multi-ethnic, multi-cultural, multi-lingual and religious state where such divcrsities shall co-exist.

2.3 Administrative setup in the current Counties of Pibor and Pochalla in Jonglei state shall be re-examined with view to restructuring their current administrative units tor effective service delivery to their people and this shall be done in wider consultations with the ethnic groups that inhabit and constitute the Counties.

2. 4 Thc proposed state creation by the SSDM/A Cobra Faction in the lands of Greater Pibor shall be done within the constitutional framework including the ongoing constitution making process in the Republic.

This is to observe the Transitional Constitution of 2011 that derives its authority from the will of the people of South Sudan.

In their effort to study and consider the said state creation proposal, the parties shall followand adhere to the procedural mechanisms provided in the Constitution.

2. 5 A commitment to lasting solutions to the existing root causes of the Jonglei conflict fora sustainable peace founded on justice, equality, respect for rights and fundamental freedoms.

2. 6 Reconciliation process in Jonglei state shall be inclusive, and accountability modalities shall be devised in a consultative manner.

2. 7 In the implementation of this agreement, the parties shall promote positive communication to enhance building.

ESTABLISHMENT OF GREATER PIBOR ADMINISTRATIVE

AREA(GP AA)

3.1. There shall be established an Administrative Area to be known as

Greater Pibor Administrative Area hereinafter abbreviated as (GPAA) within the Republic of South Sudan based on the principle of decentralisation ofgovernrnent in the country.

3.2. For the purposes of administrative and managerial convenience, the boundaries of thc Greater Pibor Administrative Arca shall comprise the current boundaries of Pibor and Pochalla Counties within Jonglei state and shall be maintained as it was on January 1,·1956.

3.3. The GPAA shall be established by the President of the Republic in accordance with this agreement and the constitution.

Upon approval of this agreement by the Council of States, the President shall sign the same into Law which shall be known as law of Greater Pibor Administrative Area.

3.4. The Greater Pibor Administrative Area (GPAA) shall be governed by a Chief Administrator whose status will be equal to that of a state governor.

3.5. During the current constitution making process up to the promulgation of the same, the GP A A shall be annexed under the Presidency.

3.6. The area shall have provisional seal, flag and emblem until the new constitution determines the status of GPAA.

ESTABLISHMENT OF COUNTIES iN THE GREATER PIBOR ADMINISTRATIVE AREA

4.1.The Greater Pibor shall be sub-divided into six (6) counties after

thorough consultations with Payams or Bomas with view to upgrading them into full county administrations, provided always that county creation criterion set forthin the South Sudan Local Government Act is adhered to.

4.2. The consultations mentioned in (4.1.)

above shall be done by the SSDM Cobra Faction in collaboration with a Technical Committee made up of members from GP AA communities selected by the Chief Administrator and appointed by the President.

4.3. The Technical Committee shall assess and report on the viability ofthe area, the need for six (6) county administrations as a prerequisite for a viable large Administrative Area.

4.4. The technical committee shall provide the office of the President with a comprehensive report including the map of the administrative area within a period not exceeding thirty (30) working days from its formation, upon which the President shall issue counties' creation and establishment orders which shall bein accordance with the Law of Greater Pibor Administrative Area.

5

GOVERNMENT STRUCTURES OF THE GPAA SHALL HAVE THE FOLLOWING ADMINISTRATIVE STRUCTURES

5.1. The Chief Administrator shall be a nominee of SSDM Cobra Faction, appointed and removed by the President and answerable to him.

5.2. The Chief Administrator shall havc two (2) deputies who shall be appointed and removed by the President on recommendation of the Chief Administrator (CA).

üne deputy ..shall be incharge of

·Administration and Finance including relevant departments thereto and another deputy shall be in incharge of services and its related departmcnts.

5.3

There shall be a head of legal Administration for the GPAA who shall be the chief law officer deployed by the Ministry of Justice.

The powers of the head of legal Administration shall be as per the National Constitution and Ministry ofJustice Act.

5.4.Upon appointment ofthe Chief Administrator he or she shall appoint County Commissioners to the newly established counties that constitute the GPAA and whose terms of office shall be regulated by the Law of GPAA.

5.5. After establishment of proper administration in the area, subsequent appointment of the county commissioners shall be in accordance with the South Sudan Local Government Act 2009.·

6

GREATER PIBOR AREA COUNCIL (GP AC)

6.1. For the time being,the GPAC shall be appointed by the President on nomination by and recommendation of the SSDM Cobra Faction to represent their local areas whose number shall not exceed 36 members out of which (25o/o) percent shall be women.

6.2. The GPAC shall enact local legislations on development, govemance and administrative matters in the area.

Compatibility of such legislations shall be approved by the Ministry ofJustice.

6.3. Sittings ofthe GPACshall be presided over by a Chairperson ofthe GPAC elected from amongst them.

6.4. The GPAC may recommend to the Chief Administrator the removal ofa County Commissioner by a two third (2/3) votes of all the members present in a sitting convened for this purpose.

THE JUDICIARY 7.1.

High Courts of the Area

7.1.1 There shall be High Courtsin the GPAA counties which shall be 51

presided over by 1 class Judges appointed and deployed by the Chief Justice.

7.1.2 in the application ofstatutory laws, the county and high court judgesmay apply customary laws as they deem necessary.

7.2. Traditional Authority

7.2.1 The institution, status and role of Traditional Authority, according

to customary law, are recognised in the Constitution and the Local Govemment Act 2009 andshall be respected.

7.2.2 Chiefs and Traditional Authorities, shall Iitigatein local disputes or matters that the legal values do not exceed their legally specified competences in the South Sudan Civil Procedure Act as well as legal competences and limitations specified in other legal instruments ofthe country.

8

ESTABLISHMENT OF SPECIAL DEVELOPMENTFUND (SDF)

8.1. The President shall establish a Special Development Fund (SDF) within the Presidency, to be managed by a management Team headed by a Coordinator appointed by the President in consultation with the Chief Administrator.

8.2. The of the President,shall undertake the responsibility of mobilising necessary resources for the so established special fund which shall be used for the provision of services, local road networks and infrastructure generally to bridge the gaps of underdevelopment in the area.

8.3. for the general administrative running cost of the GPAA and counties, the sources of funds shall principally be drawn from the general budget of the National Government.

8.4

Funds from development partners, private donations from NGOs and w e l l - w i s h e r s , w h o w i s h t o p r o j e c t s i n t h e G P A A , a r e encouraged to do so in a coordinated and transparent with the office ofthe President.

8.5. Accountability and oversight to safeguard proper use ofpublic and private funds that be allocated to ensure the implementation o f the development projects and governance in the area shall be done and audited by the National Audit Chamber.

9

ESTABLISHMENT OF CERTAIN AREA EXECUTIVE BODIES

9.1. The law ofGreater Pibor Administrative Areashall provide for establishment of adhoc committees to carry outspecializedfunctions or tasks as may be deemed necessary.

These committees shall include the following:

9.1.1.Civil service,

9.1.2.Traditional Authority,

9.1.3.Repatriation, Relief, Resettlement and Rehabilitation,

9.1.4.Peace and Reconciliation and,

9.1.5.

Investigation on violation of rightsincluding child abduction

10

SOURCES OF REVENUE FOR THE GREA TER PIBORADMINISTRA TIVE AREA

10.1.The (GPAC)shalllegislateforraisingrevenueorcollectingtaxesfrom the following sources:

10.1.1.

Area land and property tax and royalties

10.1.2.

Service charges for Areas' Administrative services 10.1.3.

Pcrsonal income tax at Area level

10.1.4.

Stamp duties

10.1.5.

Agricultural production taxes

10.1.6.

Excise duties and

10.1.7.

Any other tax as may be determined by law

11

SOURCES OF REVENUE FOR LOCAL GOVERNMENT/ COUNTY AUTHORITIES

l 1.1 The local Government taxes, fees and charges shall be determined by Each local Government council.

They may impose:

11.1.1.Property rates 11.1.2.

Rents

11.1.3.

Entertainment taxes 11.

1.4.

Stamp duties

11.1.5.

Personal graduated tax

11.1.6.

Royalties

11.l.7.

Cess

11.1.8.

Fees on registration and licensing

12

ACCOUNTING PROCEDURES, STANDARDS AND FISCAL ACCOUNT ABILITY

TheAdministration of GPAA shall comply with the established and generally accepted accounting procedures, standards and fiscal accountability to ensure that public funds are allocated and expended according to the budget of the respective level of government.

13 INTER-GOVERNMENTAL RELATIONSHIP

Institutional relationships with other entities or states, interstate trade and commerce including liabilities and assets, shall be maintained through thePresidency as provided in (3.4) of this agreement.

14

SECURITY ARRANGEMENTS

14.1.

Re-commitment to the Cessation of Hostilities and Permanent

Ceascfire

The parties recommit themselves to fully respect and observe the cessation of

hostility agreement signed between the parties on the 30th of January 2014

a n d r e - a f f i r m t h e i r c o m m i t m e n t t o t h e c e a s e f i r e u n i l a t e r a l l y

announced by the government and endorsed by the SSDM/A Cobra Faction in January 2014.

14.2 Intcgration of the SSDA Cobra Faction

2.1. General Principlcs

2.1.1.

The parties agree that the forces of the former SSDA Cobra Faction shall be peacefully integrated into the ranks of the national army, South Sudan police service and other organized forces.

2.1.2.

The parties further agree that the number and the force ranks of the former SSDA Cobra Faction at all levels that will be integrated are subject, where necessary, to the general policy of the country's army structure and all other law enforcement organs.

2.2. Establishment ofa Peaceful Integration Mechanism To effect clause 2.1.2.

above, the parties agree that:

1) A mechanism be established by the leaders of the two parties to this agreement;

which shall be known as a Joint Military Technical Committee (JMTC) comprising an equal number to integrate the SSDA Cobra Faction forces into the National Army, National Security and Intelligence Services, South Sudan Police Services, Wildlife and any other organized force.

2) The JMTC shall consist of members of SSDA Cobra Faction, Ministry of Defense and Ministry of Interior.

3) The Church Leaders Mediation Initiative (CLMI), members of the SPLA, the SSDA Cobra Faction and UNMISS shall be the overall body lead by the CLMI to monitor and supervise the integration process and solve any potential conflict that may arise or occur in relation to the implementation of this agreement.

4)

Should a conflict arise within the so established mechanism, then the leaders of the parties to this agreement shall provide necessary political guidance in resolving such matter.

14.3 Functions and terms of reference of the JMTC shall include:

3.1. The screening, integration, training, organization and deployment o f the former SSDA Cobra Faction into the National Army and Organized Forces shall be conducted within Greater Pibor Administration Area.

Upon conclusion and completion of the agreed numbers including the military ranks, this security arrangement agreement shall be an integraJ part of the Greater Pibor Administrative Area agreement.

3.2. The deployment of the former SSDA Cobra Faction into the South Sudan Police Service and other Organized Forces shall be done in accordance with the internal regulations and laws that govem these institutions mindful of the six counties that constitute GPAA.

3.3. The JMTC shall, upon its formation, jointly develop its elaborate terms of reforence which shall facilitate a smooth integration process and this shall be done and shared with the CLMI and the leadership of the two parties to this agreement.

3.4. Integration process of the former SSDA Cobra faction into the national organs as specified in clause 14.3 above shall commence upon appointment of the Chief Administrator ofthe GPAA.

14.4 Special Considcrations

After the screening and identification of the disabled and child soldiers from the fonner SSDA Cobra Faction, these shall be entitled for services due to a disabled and child soldiers from the relevant of the National Army, and the Government of the Republic of South Sudan.

15

FAIR REPRESENTATION iN THE NATIONAL GOVERNMENT

The President may appoint from SSDM and other citizens of GPAA for the following positions as an affirmative action, mindful of the need for competence.

These include:

presidential advisors, ministers, deputy ministers, chairpersons and members of specialized institutions and commissions, ambassadors and diplomats in the foreign service, officials in public services and members of National Legislature as per the constitution.

16

AMENDMENT

This Agreement shall not be amended, modified or altered unless by mutual agreement between the two parties and this shall be done in writing.

17

COMING INTO FORCE

This agreement shall come into force upon approval by the Council of States by a simple majority in a period not exceeding four weeks from date of its signing.

in witness of thc above, the Government of the Republic of South Sudan and the South Sudan Democratic Movement/Army Cobra Faction have agreed and signcd this agreement on the 9th of May in the year 2014 AD, Addis Ababa, Ethiopia.

Signed:

Hon.

Canon Clement Janda, Head of Government Delegation

Signed:

Lt.

Gen. Khalid Bourtros, Head of the SSDM/A Cobra Faction

Witnessed by the Church Leadership MEdiation Initiative

Signed:

Bishop Emeritus Paride Taban Kenyi, Chairperson of the CLMI

Signed:

Bishop Paul P. Benjamin Yusgusuk, Spokespersom of the CLMI

Signed:

Bishop Arkanjelo WAni Lemi, Member of the CLMI

Signed:

Professor Hizkias Assefa, Moderator

[Implementation matrix]