Agreement on Outstanding Issues of Security Arrangements

  • Country/entity
    South Sudan
  • Region
    Africa (excl MENA)
  • Agreement name
    Agreement on Outstanding Issues of Security Arrangements
  • Date
    6 Jul 2018
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
  • Stage
    Ceasefire/related
  • Conflict nature
    Government
  • Peace process
    South Sudan post-secession process
  • Parties
    For TGonu
    Hon. Michael Majuei Lueth
    Minister of Information, Communication Technology and Postal Services
    For SPLM/A-IO
    Angelina Jany Teny
    South Sudan Opposition Alliance (SSOA):
    Gabriel Changson Chang
    For NAS
    Thomas Cirollo Swaka
    For NDM
    Dr. Lan Akol Ajawin
    For SSPM
    Hussein Abdelbagi Akol
    For SSUM
    Matut Gatjuol
    For SSNMC
    Vakindi David
    For SSLM
    Bapiny Montuel
    For PDM
    Leoniz Onek
    Witnessed by
    The Government of the Sudan
    H.E. Gen. psc. Awad Mohammed Ahmed Ibn Ouf
    Minister of Defence
    The IGAD
    H.E. Dr Ismail Wais
    IGAD Special Envy for South Sudan
  • Third parties
    -
  • Description
    Agreement between South Sudan’s warring parties on the outstanding issues on security arrangements in particular providing for a ceasefire and DDR.


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)
    Page 1, Preamble
    Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law

    Determined to compensate our people by recommitting ourselves to peace and
    constitutionalism and not to repeat mistakes of the past,
  • State configuration
    Page 1, Preamble
    Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law

    Cognizant of the prime significance of preserving the sovereignty and territorial integrity of
    the country,
  • 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
    Page 2, 1. The Permanent Ceasefire:
    1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the supervision of the ICRC.
  • Traditional/religious leaders

    No specific mention.

  • 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
    Power sharing→Military power sharing→Joint command structures
    4. Mechanisms of Security Arrangements:
    4.1. The JDB shall be formed at the level of Chiefs of Staff to exercise command and control
    over all forces.
    4.2. Half members of the JTSC shall be from the TGoNU and the other half from the
    opposition groups collectively. Eight (8) of the party members of the Joint Transitional
    Security Committee (JTSC) shall be from TGoNU, five (5) members shall be from the
    SPLM/A-IO and three (3) members from SSOA. Decisions of the JTSC shall be adopted by
    consensus

Human rights and equality

  • Human rights/RoL general
    Page 1, Preamble
    Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law
  • 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

    No specific mention.

  • Mobility/access
    Page 2
    1. The Permanent Ceasefire:
    ...
    1.4. Free movement of citizens, commodities and services shall be guaranteed.
  • 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 2, 1. The Permanent Ceasefire:

    1.5. Humanitarian corridors for relief shall be immediately opened.
  • 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
    Land, property and environment→Cultural heritage→Tangible
    Pages 2-3, 2. The Pre-Transitional Period
    2.2. The following activities shall take place during the Pre-Transitional Period:
    a. Civilian areas shall be immediately demilitarized. This includes schools, service centres, occupied houses, IDPs camps, protection of civilian sites, villages, churches, mosques, ritual centers and livelihood areas.
  • 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

    Parties, agree to this Agreement on Implementing the Permanent Ceasefire and Finalizing
    Outstanding Issues of Security Arrangements.
    1. The Permanent Ceasefire:
    1.1. The Parties hereby agree that the Permanent Ceasefire signed in the Khartoum
    Declaration of 27 June 2018, which came into effect on 1st July 2018, shall be observed
    meticulously throughout the Republic of South Sudan.
    1.2. In observing the Permanent Ceasefire the Parties reiterate all their commitments under
    the Cessation of Hostilities Agreement (COHA) signed on 21st December 2017.
    1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the
    supervision of the ICRC.
    1.4. Free movement of citizens, commodities and services shall be guaranteed.
    1.5. Humanitarian corridors for relief shall be immediately opened.
    1.6. No revenge, vengeance or retribution and any kind of violations of the Permanent
    Ceasefire is allowed under any circumstances.
    1.7. A process of national healing and reconciliation shall commence at the beginning of the
    Pre-Transitional Period and shall include all forces and affected people.

    Pages 4-5, 4. Mechanisms of Security Arrangements:
    4.3. The following mechanisms of monitoring and verification shall be formed:
    a. Joint Military Ceasefire Commission (JMCC), at national level. b. Area Joint Military Ceasefire Committees, at states’ level.
    c. Joint Military Ceasefire Teams, on sites at countries and payams.
    4.4. The current monitoring and verification mechanism shall be restructured and reconstituted into the Ceasefire Transitional Security Arrangements, Monitoring and Verification Mechanisms (CTSAMVM). It shall be led by Sudan and Uganda.
  • Police
    Page 1, Preamble

    Committed to forming a professional and specialized national army, police, security and
    other organized services that shall be all-inclusive and free from ethnic or tribal affiliations,

    Pages 2-3, 2. The Pre-Transitional Period
    2.2. The following activities shall take place during the Pre-Transitional Period:
    e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services. Ineligible individuals shall be referred to DDR.

    Pages 3-4, 3. The Transitional Period
    3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.
  • Armed forces
    Page 1, Preamble

    Committed to forming a professional and specialized national army, police, security and
    other organized services that shall be all-inclusive and free from ethnic or tribal affiliations,

    Page 2, 2. The Pre-Transitional Period
    2.1. The Pre-Transitional Period shall start on D-Day and continue up to the completion of the training and redeployment of the necessary unified forces. However, training and redeployment of the necessary unified forces shall be completed within a period that shall not exceed eight (8) months. This provision prevails on any other contrary text.

    Pages 2-3, 2. The Pre-Transitional Period
    2.2. The following activities shall take place during the Pre-Transitional Period:
    e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services. Ineligible individuals shall be referred to DDR.

    Pages 3-4, 3. The Transitional Period
    3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.

    3.5. By the end of the Transitional Period the national army and organized forces shall be redeployed throughout the Republic of South Sudan pursuant to the plan laid down by the Strategic Defense and Security Review Board (SDSRB).
  • DDR
    Security sector→DDR→Demilitarisation provisions
    Pages 2-3, 2. The Pre-Transitional Period
    2.2. The following activities shall take place during the Pre-Transitional Period:
    a. Civilian areas shall be immediately demilitarized. This includes schools, service centres, occupied houses, IDPs camps, protection of civilian sites, villages, churches, mosques, ritual centers and livelihood areas.

    b. Disengagement, separation of forces and collection of long and medium range heavy weapons.

    c. All forces shall be cantoned under the supervision of the current monitoring bodies at their present barracks and sites. However, cantoned forces shall be assembled in accessible areas and in a size of not less than a battalion.

    d. Maps detailing present locations and lists stating numbers of forces not previously declared as per COHA shall be presented to the monitoring and verification mechanisms and the Joint Military Ceasefire Commission (JMCC). Lists shall include size of forces, weaponry, equipment, and ammunition.

    e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services. Ineligible individuals shall be referred to DDR.

    f. Training of the unified forces of the military, police and other security services shall start at the beginning of the Pre-transitional Period according to the requirement of each force or service. Forces shall be trained together to ensure coherence and harmony.

    g. On completion of training, the unified forces shall be redeployed at different levels and sizes (units, formations and commands).

    Pages 3-4, 3. The Transitional Period

    3.1. Notwithstanding any agreement to the contrary, the Transitional Period of (36) thirty six months shall start on completion of redeployment of necessary unified forces, or on the expiry of eight (8) months whichever takes place first.

    3.2. Through the Transitional Period training of personnel selected for the military, police, security and other services shall continue. Programs of DDR shall continue for eligible personnel.

    3.3. During the Transitional Period all collected heavy and medium range weapons and ammunitions shall be disposed of as shall be determined by the JDB.

    3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.

    3.5. By the end of the Transitional Period the national army and organized forces shall be redeployed throughout the Republic of South Sudan pursuant to the plan laid down by the Strategic Defense and Security Review Board (SDSRB).
  • 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
    Page 2,

    1. The Permanent Ceasefire:
    1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the supervision of the ICRC.
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    Page 2, 1. The Permanent Ceasefire:

    1.7. A process of national healing and reconciliation shall commence at the beginning of the Pre-Transitional Period and shall include all forces and affected people.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Pages 4-5, 4. Mechanisms of Security Arrangements:
    4.3. The following mechanisms of monitoring and verification shall be formed:
    a. Joint Military Ceasefire Commission (JMCC), at national level.
    b. Area Joint Military Ceasefire Committees, at states’ level.
    c. Joint Military Ceasefire Teams, on sites at countries and payams.
    4.4. The current monitoring and verification mechanism shall be restructured and reconstituted into the Ceasefire Transitional Security Arrangements, Monitoring and Verification Mechanisms (CTSAMVM). It shall be led by Sudan and Uganda.
  • Related cases

    No specific mention.

  • Source
    On file with author.

Agreement on Outstanding Issues of Security Arrangements

Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law,

Deeply regretting the scale of untold human suffering that had befallen our country and people as a result of disregarding this commitment,

Recognizing that military means cannot result in sustainable solutions,

Determined to compensate our people by recommitting ourselves to peace and constitutionalism and not to repeat mistakes of the past,

Cognizant of the prime significance of preserving the sovereignty and territorial integrity of the country,

Committed to forming a professional and specialized national army, police, security and other organized services that shall be all-inclusive and free from ethnic or tribal affiliations,

Recalling our commitment in the Agreement on Resolution of the Conflict in South Sudan (ARCSS) signed on 17th August 2015, the Cessation of Hostilities Agreement (COHA) signed on 21st December 2017 and the Khartoum Declaration signed on 27th June 2018,

The Transitional Government of National Unity (TGoNU) of the Republic of South Sudan, the Sudan People’s Liberation Movement/ Army-In Opposition (SPLM/A-IO), the South Sudan Opposition Alliance (SSOA) and all warring Parties signatories to this Agreement, referred to hereinafter collectively as Parties, agree to this Agreement on Implementing the Permanent Ceasefire and Finalizing Outstanding Issues of Security Arrangements.

1. The Permanent Ceasefire:

1.1. The Parties hereby agree that the Permanent Ceasefire signed in the Khartoum Declaration of 27 June 2018, which came into effect on 1st July 2018, shall be observed meticulously throughout the Republic of South Sudan.

1.2. In observing the Permanent Ceasefire the Parties reiterate all their commitments under the Cessation of Hostilities Agreement (COHA) signed on 21st December 2017.

1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the supervision of the ICRC.

1.4. Free movement of citizens, commodities and services shall be guaranteed.

1.5. Humanitarian corridors for relief shall be immediately opened.

1.6. No revenge, vengeance or retribution and any kind of violations of the Permanent Ceasefire is allowed under any circumstances.

1.7. A process of national healing and reconciliation shall commence at the beginning of the Pre-Transitional Period and shall include all forces and affected people.

2. The Pre-Transitional Period

2.1. The Pre-Transitional Period shall start on D-Day and continue up to the completion of the training and redeployment of the necessary unified forces.

However, training and redeployment of the necessary unified forces shall be completed within a period that shall not exceed eight (8) months.

This provision prevails on any other contrary text.

2.2. The following activities shall take place during the Pre-Transitional Period:

a. Civilian areas shall be immediately demilitarized.

This includes schools, service centres, occupied houses, IDPs camps, protection of civilian sites, villages, churches, mosques, ritual centers and livelihood areas.

b. Disengagement, separation of forces and collection of long and medium range heavy weapons.

c. All forces shall be cantoned under the supervision of the current monitoring bodies at their present barracks and sites.

However, cantoned forces shall be assembled in accessible areas and in a size of not less than a battalion.

d. Maps detailing present locations and lists stating numbers of forces not previously declared as per COHA shall be presented to the monitoring and verification mechanisms and the Joint Military Ceasefire Commission (JMCC).

Lists shall include size of forces, weaponry, equipment, and ammunition.

e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services.

Ineligible individuals shall be referred to DDR.

f. Training of the unified forces of the military, police and other security services shall start at the beginning of the Pre-transitional Period according to the requirement of each force or service.

Forces shall be trained together to ensure coherence and harmony.

g. On completion of training, the unified forces shall be redeployed at different levels and sizes (units, formations and commands).

3. The Transitional Period

3.1. Notwithstanding any agreement to the contrary, the Transitional Period of (36) thirty six months shall start on completion of redeployment of necessary unified forces, or on the expiry of eight (8) months whichever takes place first.

3.2. Through the Transitional Period training of personnel selected for the military, police, security and other services shall continue.

Programs of DDR shall continue for eligible personnel.

3.3. During the Transitional Period all collected heavy and medium range weapons and ammunitions shall be disposed of as shall be determined by the JDB.

3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.

3.5. By the end of the Transitional Period the national army and organized forces shall be redeployed throughout the Republic of South Sudan pursuant to the plan laid down by the Strategic Defense and Security Review Board (SDSRB).

4. Mechanisms of Security Arrangements:

4.1. The JDB shall be formed at the level of Chiefs of Staff to exercise command and control over all forces.

4.2. Half members of the JTSC shall be from the TGoNU and the other half from the opposition groups collectively.

Eight (8) of the party members of the Joint Transitional Security Committee (JTSC) shall be from TGoNU, five (5) members shall be from the SPLM/A-IO and three (3) members from SSOA.

Decisions of the JTSC shall be adopted by consensus.

4.3. The following mechanisms of monitoring and verification shall be formed:

a. Joint Military Ceasefire Commission (JMCC), at national level.

b. Area Joint Military Ceasefire Committees, at states’ level.

c. Joint Military Ceasefire Teams, on sites at countries and payams.

4.4. The current monitoring and verification mechanism shall be restructured and reconstituted into the Ceasefire Transitional Security Arrangements, Monitoring and Verification Mechanisms (CTSAMVM).

It shall be led by Sudan and Uganda.

Done in Khartoum, the Republic of Sudan, on this Day 6th July 2018.

For TGonu

Hon. Michael Majuei Lueth

Minister of Information, Communication Technology and Postal Services

For SPLM/A-IO

Angelina Jany Teny

South Sudan Opposition Alliance (SSOA):

Gabriel Changson Chang

For NAS

Thomas Cirollo Swaka

For NDM

Dr. Lan Akol Ajawin

For SSPM

Hussein Abdelbagi Akol

For SSUM

Matut Gatjuol

For SSNMC

Vakindi David

For SSLM

Bapiny Montuel

For PDM

Leoniz Onek

Witnessed by

The Government of the Sudan

H.E. Gen. psc.

Awad Mohammed Ahmed Ibn Ouf

Minister of Defence

The IGAD

H.E. Dr Ismail Wais

IGAD Special Envy for South Sudan