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

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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 - )
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: 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.

Agreement document: SS_151103_Outcome of the Meeting of the Principal Signatory Parties to the Agreement on Planning Implementation of the Provisions Chapter II of the Agreement II.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): 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]