Outcome of the Meeting of the Principal Signatory Parties to the Agreement on Planning Implementation of the provisions in Chapter II of the Agreement

  • Country/entity
    South Sudan
  • Region
    Africa (excl MENA)
  • Agreement name
    Outcome of the Meeting of the Principal Signatory Parties to the Agreement on Planning Implementation of the provisions in Chapter II of the Agreement
  • Date
    3 Nov 2015
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
  • Stage
    Implementation/renegotiation
  • Conflict nature
    Government
  • Peace process
    South Sudan post-secession process
  • Parties
    Michael Makual Lueth, Ag. Chief Negotiator, GRSS [Signed]
    Gen. Taban Deng Gal, Chief Negotiator, SPLM/A-IO [Signed]
    John Luk Jok, Ag. Leader SPLM Leaders (FDs) [Signed]
  • Third parties
    Amb. Seyoum Mesfin, Chairman of IGAD Special [Signed]
    Gen. Lazaro Sumbeiywo, IGAD Special Envoy [Signed]
    Amg. Gen. Mohamed El-Dabi, IGAD Special Envoy [Signed]
  • Description
    The Agreement concerns the implementation of the ceasefire and creation of political institutions called for in the document referred to as 'The Agreement'. This includes the creation of the Transitional Government of National Unity (TGONU), the Transitional National Assembly (TNA) and the adoption of the transitional constitution.


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)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 2, 4.6. Timelines for the Operationalization of the Implementation mechanisms;
    - According to the Agreement, if the D-day is August 26, 2015, the Pre-Transitional Period shall end on November 23, 2015. From October 26, 2015, we are left with only 27 days to establish the TGONU and commencement of the Transitional Period. The major constraint to the establishment of the TGONU on time is the process of amending the Transitional Constitution, which requires 21 days for the NCAC to incorporate the Agreement into the constitution, 7 days for the Minister of Justice to present it to the Council of Ministers and the adoption by the Transitional National Assembly (TNA). The Agreement provides that the TNA shall adopt the constitution within 30 days and not after 30 days as provided in the current constitution. The President shall assent to and sign the constitution within 7 days. Therefore, the total number of days requires to accomplish the process is 65 days.

    Page 3, 4.6. Timelines for the Operationalization of the Implementation mechanisms;
    ... - Given the fact that the process leading to the formation of TGONU has lagged far behind schedule as per the implementation matrix of the Agreement and if all other issues remain the same, the Leadership Committee recommends the adoption of the second option, which is between December 15, 2015 and January 15, 2016.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 2, 4.5. Peace building: Mobilization and sensitization of the public through dissemination of the Agreement;
    - The process shall be conducted by the Parties of the Agreement;
    - The activities to be conducted shall include travel, arrival, and maintenance of advance teams in Juba and the states, meetings, workshops, mobility, communication, etc.
    - The activities must be resourced by the GRSS with the support of IGAD PLUS, AU, UN, Troika, China, the EU, IPF, Arab League, regional and international partners and friends of South Sudan;
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 2, 4.6. Timelines for the Operationalization of the Implementation mechanisms;
    - According to the Agreement, if the D-day is August 26, 2015, the Pre-Transitional Period shall end on November 23, 2015. From October 26, 2015, we are left with only 27 days to establish the TGONU and commencement of the Transitional Period. The major constraint to the establishment of the TGONU on time is the process of amending the Transitional Constitution, which requires 21 days for the NCAC to incorporate the Agreement into the constitution, 7 days for the Minister of Justice to present it to the Council of Ministers and the adoption by the Transitional National Assembly (TNA). The Agreement provides that the TNA shall adopt the constitution within 30 days and not after 30 days as provided in the current constitution. The President shall assent to and sign the constitution within 7 days. Therefore, the total number of days requires to accomplish the process is 65 days.
    - If the time to accomplish the process remains 65 days, the Pre-Transitional Period shall end on December 28, 2015 and January 27, 2016.
    - If the process of adopting the amendments is reduced by 14 days and the NCAC is timely establishment of the TGONU between December 15, 2015 and January 15, 2016.

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 2, 4.2. Improvement of communication with the IGAD secretariat by:
    ... - Establishment of the other coordination channels of communication;
  • Mobility/access
    Page 1,
4. After the SPLM/SPLA-IO signed the Minutes of the Workshop, the Principle signatories discussed and reached the following resolutions and recommendations;
    4.1. Mobilization of resources through joint appeal by the Parties;
    - Immediate appeal for resources to IGAD PLUS, AU, UN, Troika, China, the EU, IPF, Arab League and regional and international partners to meet urgent needs for implementation of the Agreement particularly for cantonment of forces, establishment of assembly, areas, provisions of food and non-food items, transport/mobility, grading and clearance of access roads, etc;
  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 1,
4. After the SPLM/SPLA-IO signed the Minutes of the Workshop, the Principle signatories discussed and reached the following resolutions and recommendations;
    4.1. Mobilization of resources through joint appeal by the Parties;
    - Immediate appeal for resources to IGAD PLUS, AU, UN, Troika, China, the EU, IPF, Arab League and regional and international partners to meet urgent needs for implementation of the Agreement particularly for cantonment of forces, establishment of assembly, areas, provisions of food and non-food items, transport/mobility, grading and clearance of access roads, etc;
    ... - Parties to the Agreement shall launch a donor conference to mobilize resources in accordance with the budget prepared by the Ministry of Finance. The venue and date shall be determined after the consultations with the Partners;

    - The activities to be conducted shall include travel, arrival, and maintenance of advance teams in Juba and the states, meetings, workshops, mobility, communication, etc.
    - The activities must be resourced by the GRSS with the support of IGAD PLUS, AU, UN, Troika, China, the EU, IPF, Arab League, regional and international partners and friends of South Sudan;

    Page 3, 4.7. Appeal for resources:
    - Following the signing of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCISS), the Leadership Committee of the Parties to the Agreement request the IGAD PLUS to make an appeal to regional and international partners and friends fo South Sudan to help finance the immediate needs to implement the Agreement.
  • 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
    Page 1,
2. Recognizing the progress made by the Leadership Committee of the Signatory Parties by signing the Resolutions, Recommendations and Timelines on the Implementation Process have further agreed to the Transitional Security Arrangements for Juba, Bor, Malakal and Bentiu.
    3. The Signatory Parties further commit themselves to build confidence between the parties to the Agreement and to ensure security is provided to leaders and citizens in the Republic of South Sudan.
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 1,
1. The Principle Signatories of the Agreement to Resolve the Crisis in the Republic of South Sudan, namely, the Government of the Republic of South Sudan (GRSS), the SPLM/SPLA-IO, and the SPLM Leaders (Former Detainees) met at the Chief Negotiators level including their military command from 21 October to 3 November 2015 and held extensive discussions on Planning Implementation of the Provisions in Chapter II of the Agreement. The Agenda items included concerns raised in the IGAD Envoys harmonization document dated October 23, 2015 and any other concerns that needed to be resolved to ensure the implementation of the Permanent Ceasefire and operationalization of the institutions provided for in the Agreement, and in the implementation timeline.
  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    Amb. Seyoum Mesfin, Chairman of IGAD Special [Signed]
    Gen. Lazaro Sumbeiywo, IGAD Special Envoy [Signed]
    Amg. Gen. Mohamed El-Dabi, IGAD Special Envoy [Signed]
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 2, 4.2. Improvement of communication with the IGAD secretariat by:
    - Establishment of JMEC Secretariat in Juba as per Article 2.7 of Chapter II of the Agreement;
  • Related cases

    No specific mention.

  • Source
    Source: John Ashworth, Sudans Google Group, https://groups.google.com/forum/#!topic/ sudans-john-ashworth/bvkiQ9DKPno (accessed: 9 June 2016)

Outcome of the Meeting of the Principal Signatory Parties to the Agreement on Planning Implementation of the Provisions in Chapter II of the Agreement

21 October – 3 November 2015

1. The Principle Signatories of the Agreement to Resolve the Crisis in the Republic of South Sudan, namely, the Government of the Republic of South Sudan (GRSS), the SPLM/SPLA-IO, and the SPLM Leaders (Former Detainees) met at the Chief Negotiators level including their military command from 21 October to 3 November 2015 and held extensive discussions on Planning Implementation of the Provisions in Chapter II of the Agreement.

The Agenda items included concerns raised in the IGAD Envoys harmonization document dated October 23, 2015 and any other concerns that needed to be resolved to ensure the implementation of the Permanent Ceasefire and operationalization of the institutions provided for in the Agreement, and in the implementation timeline.

2. Recognizing the progress made by the Leadership Committee of the Signatory Parties by signing the Resolutions, Recommendations and Timelines on the Implementation Process have further agreed to the Transitional Security Arrangements for Juba, Bor, Malakal and Bentiu.

3. The Signatory Parties further commit themselves to buold confidence between the parties to the Agreement and to ensure security is provided to leaders and citizens in the Republic of South Sudan.

4. After the SPLM/SPLA-IO signed the Minutes of the Workshop, the Principle signatories discussed and reached the following resolutions and recommendations;

4.1. Mobilization of resources through joint appeal by the Parties;

- Immediate appeal for resources to IGAD PLUS, AU, UN, Troika, China, the EU, IPF, Arab League and regional and international partners to meet urgent needs for implementation of the Agreement particularly for cantonment of forces, establishment of assembly, areas, provisions of food and non-food items, transport/mobility, grading and clearance of access roads, etc;

- Ministry of Finance shall prepare detailed budget for the implementation of the Agreement during the Pre-Transition and Transition Period;

- Parties to the Agreement shall launch a donor conference to mobilize resources in accordance with the budget prepared by the Ministry of Finance.

The venue and date shall be determined after the consultations with the Partners;

4.2. Improvement of communication with the IGAD secretariat by:

- Establishment of JMEC Secretariat in Juba as per Article 2.7 of Chapter II of the Agreement;

- Establishment of the other coordination channels of communication;

4.3. Participation of the Political Parties in the implementation process;

- IGAD Envoys in collaboration with the GRSS to immediately convene a meeting a political parties in Juba in order to determine their signing of the Agreement and participation in the institution established by the Agreement;

4.4. Arrival of advance team in mid November 2015 to Juba;

- SPLM/SPLA-IO Team to arrive in Juba in mid November 2015;

- Return of the SPLM Leader (FDs) in Juba in mid November 2015;

- SPLM/SPLA-IO and the SPLM Leaders (FDs) shall communicate the number of members of their delegation to the GRSS for facilitation;

4.5. Peace building:

Mobilization and sensitization of the public through dissemination of the Agreement;

- The process shall be conducted by the Parties of the Agreement;

- The activities to be conducted shall include travel, arrival, and maintenance of advance teams in Juba and the states, meetings, workshops, mobility, communication, etc.

- The activities must be resourced by the GRSS with the support of IGAD PLUS, AU, UN, Troika, China, the EU, IPF, Arab League, regional and international partners and friends of South Sudan;

4.6. Timelines for the Operationalization of the Implementation mechanisms;

- According to the Agreement, if the D-day is August 26, 2015, the Pre-Transitional Period shall end on November 23, 2015.

From October 26, 2015, we are left with only 27 days to establish the TGONU and commencement of the Transitional Period.

The major constraint to the establishment of the TGONU on time is the process of amending the Transitional Constitution, which requires 21 days for the NCAC to incorporate the Agreement into the constitution, 7 days for the Minister of Justice to present it to the Council of Ministers and the adoption by the Transitional National Assembly (TNA).

The Agreement provides that the TNA shall adopt the constitution within 30 days and not after 30 days as provided in the current constitution.

The President shall assent to and sign the constitution within 7 days.

Therefore, the total number of days requires to accomplish the process is 65 days.

- If the time to accomplish the process remains 65 days, the Pre-Transitional Period shall end on December 28, 2015 and January 27, 2016.

- If the process of adopting the amendments is reduced by 14 days and the NCAC is timely establishment of the TGONU between December 15, 2015 and January 15, 2016.

- Given the fact that the process leading to the formation of TGONU has lagged far behind schedule as per the implementation matric of the Agreement and if all other issues remain the same, the Leadership Committee recommends the adoption of the second option, which is between December 15, 2015 and January 15, 2016.

4.7. Appeal for resources:

- Following the signing of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCISS), the Leadership Committee of the Parties to the Agreement request the IGAD PLUS to make an appeal to regional and international partners and friends fo South Sudan to help finance the immediate needs to implement the Agreement.

Signed this 3rd Day of November 2015 in Addis Ababa, Eithiopia.

Michael Makual Lueth, Ag.

Chief Negotiator, GRSS [Signed]

Gen. Taban Deng Gal, Chief Negotiator, SPLM/A-IO [Signed]

John Luk Jok, Ag.

Leader SPLM Leaders (FDs) [Signed]

Witnessed by:

Amb. Seyoum Mesfin, Chairman of IGAD Special [Signed]

Gen. Lazaro Sumbeiywo, IGAD Special Envoy [Signed]

Amg. Gen. Mohamed El-Dabi, IGAD Special Envoy [Signed]