Agreement on Outstanding issues of Governance

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on Outstanding issues of Governance
Date: 5 Aug 2018
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: Framework/substantive - partial
Conflict nature: Government
Peace process: South Sudan post-secession process
Parties: For Incumbent TGonu
H.E. Salva Kiir Mayardit
President of the Republic of South Sudan

For SPLM/A-IO
Dr Riek Machar Teny
Chairman of the SPLM/A-IO
Third parties: For SSOA [illegible]
For FDs [illegible]
For OPP [illegible]

Francis Madeng Deng
Eminent Personalities
Mohammed Morjan
Faith Based leaders
13
Sarah Nayanth Elijah Yang
Civil Society Organization Outsude (CSO Outsided)
Alokiir Malwal Anguer
Civil Society Organisation (CS0)
Amer Manyok Deng
Women bloc of South Sudan
Description: Agreement 'bridging' from the R-ARCSS by supplementing/ amending its provisions, in particular by naming who will hold the key government ministries and positions.

Agreement document: SS_180508_Agreement on Outstanding Issues of Governance.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 2, 1. The Presidency
1.5. The First Vice President and Vice Presidents shall oversee respectively the following Cabinet Clusters:
…
(e) Vice President: Gender and Youth Cluster

Pages 2, 1. The Presidency
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and Social Welfare; Culture and Heritage, Youth, and Sports; and any other appropriate Ministry of the five new Ministries.

Page 10, 6. General Provisions
6.5. Having in mind that more than 70 percent of the population in the Republic of South Sudan is under the age of thirty and that youth are the most affected by the war and represent high percentage of refugees and IDPs, the Parties shall strive to include people of young age in their quotas at different levels, in particular, the Parties shall strive that the Minister of Culture, Youth, and Sport in the Revitalized TGoNU shall be less than forty (40) years old.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 10, 6. General Provisions
6.6. In selecting their nominees, the Parties shall give due consideration to national diversity, gender and regional representation.
Religious groups: Groups→Religious groups→Substantive
Page 9, 6. General Provisions
c. A process of national healing and reconciliation that shall be led by the Parties, churches, and civil society groups inside and outside of the Republic of South Sudan.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 9, 6. General Provisions
6.3. The activities that shall be undertaken during the agreed eight (8) months Pre-transitional Period shall include: a. Dissemination of the Revitalized ARCSS to South Sudanese people inside the country, in different cities and refugee camps in neighbouring countries, and in Diaspora, so that the people can understand, support and own it.

Page 10, 6. General Provisions
6.5. Having in mind that more than 70 percent of the population in the Republic of South Sudan is under the age of thirty and that youth are the most affected by the war and represent high percentage of refugees and IDPs, the Parties shall strive to include people of young age in their quotas at different levels, in particular, the Parties shall strive that the Minister of Culture, Youth, and Sport in the Revitalized TGoNU shall be less than forty (40) years old.
Social class: No specific mention.

Gender

Women, girls and gender: Page 2, 1. The Presidency
1.2. During the Transitional Period there shall be four Vice Presidents of the Republic of South Sudan who shall be nominated as follows:
…
d. Vice President to be nominated by FDs, who shall be a woman.

Page 2, 1. The Presidency
1.5. The First Vice President and Vice Presidents shall oversee respectively the following Cabinet Clusters:
…
(e) Vice President: Gender and Youth Cluster

Pages 2, 1. The Presidency
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and Social Welfare; Culture and Heritage, Youth, and Sports; and any other appropriate Ministry of the five new Ministries.

Pages 4-5, 3. The Transitional National Legislature
3.3. The Speaker of the TNLA shall be nominated by the Incumbent TGoNU. One Deputy Speaker shall be nominated by SPLM/A-IO; another, who shall be a women, shall be nominated by the Incumbent TGoNU; and a third Deputy Speaker to nominated by OPP.
3.5. Without prejudice to the recommendations of the IBC, the Speaker of the Council of States shall be from SPLM-IO, Deputy Speaker from the TGoNU, who shall be a woman, and Deputy Speaker from SSOA. For the purpose of regional
inclusivity required in a body representing the States, each of the Speaker and Deputy Speakers shall come from a different region.

Page 10, 6. General Provisions
6.4. Provisions of the Transitional Constitution of the Republic of South Sudan and ARCSS on participation of women (35%) in the Executive shall be observed. In particular, in their nomination to the Council of Ministers Incumbent TGoNU shall nominate no fewer than six (6) women, SPLM-IO shall nominate no fewer than three (3) women, and SSOA shall nominate no less than one (1) woman.

Page 10, 6. General Provisions
6.6. In selecting their nominees, the Parties shall give due consideration to national diversity, gender and regional representation.

Page 13,
Amer Manyok Deng
Women bloc of South Sudan [signed]
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, (TCRSS) as amended, 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,

Page 11, 6. General Provisions
6.11. The Parties reaffirm their commitment to the ARCSS that a federal and democratic system of governance that reflects the character of the Republic of South Sudan and ensures unity in diversity be enacted during the permanent constitution making process.

Pages 11-12, 6. General Provisions
6.12. The Parties also reaffirm their commitment to the principle of lean government and that the number of members of the future legislatures shall be commensurate with the number of the population of the country pursuant to the internationally recognised proportions. The Parties recognize that the high number of members of the Executive and TNLA is agreed herein on exceptional basis for the purposes of the Transitional Period only and that those numbers shall form no precedent or any precursor for the future.
6.13. The Agreement shall prevail on contradictory or incompatible provisions or ARCSS, any other agreement and the Revitalised Bridging Proposal.
State configuration: Page 1,
...
Recognising the prime significance of preserving the sovereignty and territorial
integrity of our country,

Cognizant that a federal system of government is a popular demand of the
people of the Republic of South Sudan and of the need for the Revitalized
TGoNU to reflect this demand by way of devolution of more powers and
resources to lower levels of government,

Page 11, 6. General Provisions
6.11. The Parties reaffirm their commitment to the ARCSS that a federal and democratic system of governance that reflects the character of the Republic of South Sudan and ensures unity in diversity be enacted during the permanent constitution making process.
Self determination: No specific mention.
Referendum: Pages 4-5,
3. The Transitional National Legislature
3.4. Upon issuing the final report of the IBC the Council of States shall be reconstituted as shall be recommended by the IBC. However, if the IBC 5 failed to issue its final report, the Council of States shall be reconstituted pursuant to the outcome of the referendum.

Pages 6-7, 4. Number and Boundaries of States:
4.13. In the unlikely event of the IBC failing to make its final report before the end of its term, the IBC shall be automatically transformed on the 90th day of its terms into Referendum Commission on Number and Boundaries of States (RCNBS) of the Republic of South Sudan.
4.14. The RCNBS shall work under the direct supervision and support of the African Union and the IGAD, and pursuant to the international guidelines, and shall conduct the referendum before the end of the agreed eight (8) months Pre-Transitional Period.
4.15. The referendum shall be conducted on the number and boundaries of States of the Republic of South Sudan; taking account of the positions advanced by Parties. The question or set of questions that shall be posed in the referendum shall be the same for the entire country unless it is decided in the RCNBS that each states shall have different question or set of questions more understandable to the people.
4a.
4a. 6. The IBC and RCNBC shall take full account of the report of the TBC which shall form the basis of their decision and formulation of the question of the referendum.
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)→New political institutions (indefinite)
Pages 2-3, 1. The Presidency
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.2. The three Clusters stated in the ARCSS shall continue having due regard to the amendments required as a result of creating new Clusters and new Ministries.
2.3. The Infrastructure Cluster shall include Ministries of Energy and Dams; Transport; Roads and Bridges; and any other appropriate Ministry of the five new Ministries.
2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and Social Welfare; Culture and Heritage, Youth, and Sports; and any other appropriate Ministry of the five new Ministries.
2.5. The additional five Ministries and their clustering shall be agreed by the Parties before or during the Pre-Transitional Period further to a proposal to be drawn by the IGAD. The full list of the thirty five (35) Ministries and their clustering shall be drawn at that time and shall be included in the Revitalized ARCSS,
2.6. The Ministerial positions shall be allocated as follows:
a. Incumbent TGoNU: 20 Ministries
b. SPLM/A-IO: 09 Ministries
c. SSOA: 03 Ministries.
d. FDs: 02 Ministries
e. OPP; 01 Ministry
2.7. There shall be ten (10) Deputy Ministers in the following Ministries:
a. Cabinet Affairs.
b. Foreign Affairs and International Cooperation.
c. Defense and Veteran Affairs.
d. Interior.
e. Justice and Constitutional Affairs.
f. Finance and Planning.
g. Agriculture and Food Security.
h. General Education and Instruction.
i. Public Service and Human Resource Development.
j. Information, Telecommunication, Technology and Postal Services.
2.8. Deputy Ministers shall be allocated as follows:
a. Incumbent TGoNU: five (5) Deputy Ministers.
b. SPLM/A-IO: three (3) Deputy Ministers
c. SSOA: one (1) Deputy Minister.
d. OPP: one (1) Deputy Minister.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 9, 6. General Provisions
c. A process of national healing and reconciliation that shall be led by the Parties, churches, and civil society groups inside and outside of the Republic of South Sudan.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Preamble
Mindful of our commitment under the Transitional Constitution of the Republic of South Sudan, 2011, (TCRSS) as amended, to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law,
Governance→Constitution→Constitutional reform/making
Page 11, 6. General Provisions
6.10. Within twelve (12) months of the beginning of the Transitional Period, the Reconstituted National Constitutional Amendments Committee (NCAC) shall revise relevant laws and draft new legislation pursuant to the Revitalied ARCSS.

6.11. The Parties reaffirm their commitment to the ARCSS that a federal and democratic system of governance that reflects the character of the Republic of South Sudan and ensures unity in diversity be enacted during the permanent constitution making process.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Sub-state level
State level power-sharing is provided for, see below.

Page 8,
5. States and Local Government
5.1. The responsibility sharing at State and local government levels shall be in
accordance with the following ratio:
a. Incumbent TGoNU: 55%
b. SPLM/ A-IO: 27%
c. SSOA: 10%
D. OPP: 8%
5.2. At the beginning of the Transitional Period State and local governments
shall be reconstituted as per the responsibility sharing formula stated above.
5.3. The positions that shall be shared as per the responsibility sharing formula
are: Governors, Speakers of State Legislatures, County Commissioners, and
County Councils (if any)
5.4. In sharing State and local government positions the Parties shall take into
account the relative prominence each Party has in the respective State or
country.
5.5. The FDs shall have three State Ministries in States of their choice that shall
be deducted from the opposition ratio.
Power sharing→Political power sharing→Executive coalition
State level
Sub-state level
Pages 2-4,
1. The Presidency
1.1. During the Transitional Period:
a. H.E. Salva Kiir Mayardit shall continue as the President of the Republic of
South Sudan.
b. The Chairman of SPLM/A-IO Dr Riek Machar Teny shall assume the position
of the First Vice President of the Republic of South Sudan.

1.2. During the Transitional Period there shall be four Vice Presidents of the
Republic of South Sudan who shall be nominated as follows:
a. Vice President to be nominated by Incumbent TGoNU.
b. Vice President to be nominated by SSOA.
c. Vice President to be nominated by Incumbent TGoNU.
d. Vice President to be nominated by FDs, who shall be a woman.
1.3. Apart from the First Vice President, there shall be no hierarchy among the
Vice Presidents. The ranking in 1.2. above is for protocol purposes only.
1.4. Decision making in the Presidency shall be in the spirit of collegial
collaboration. However, the powers and functions of the President, First Vice
President, and Vice Presidents shall be delineated along the provisions of the
ARCSS 2015.
1.5. The First Vice President and Vice Presidents shall oversee respectively the
following Cabinet Clusters:
(a) First Vice President: Governance Cluster
(b) Vice President: Economic Cluster
(c) Vice President: Services Cluster.
(d) Vice President: Infrastructure Cluster
(e) Vice President: Gender and Youth Cluster

2. The Revitalized TGoNU

2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall
be organized in the abovementioned five (5) Clusters.

2.2. The three Clusters stated in the ARCSS shall continue having due regard to
the amendments required as a result of creating new Clusters and new
Ministries.

2.3. The Infrastructure Cluster shall include Ministries of Energy and Dams;
Transport; Roads and Bridges; and any other appropriate Ministry of the five
new Ministries.

2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and
Social Welfare; Culture and Heritage, Youth, and Sports; and any other
appropriate Ministry of the five new Ministries.

2.5. The additional five Ministries and their clustering shall be agreed by the
Parties before or during the Pre-Transitional Period further to a proposal to be
drawn by the IGAD. The full list of the thirty five (35) Ministries and their
clustering shall be drawn at that time and shall be included in the Revitalized
ARCSS,

2.6. The Ministerial positions shall be allocated as follows:

2.9. The Parties shall agree on the assigning of Ministerial and Deputy
Ministerial portfolios as stated in the ARCSS if not agreed otherwise and
nominate their Ministers and Deputy Ministers accordingly.
2.10 No fewer than three (3) of the Deputy Ministers shall be women.
2.11. No Assistant Presidents, other Ministers or Deputy Ministers shall be
appointed during the Transitional Period.
2.12. If more than two Advisers to the President are appointed, their selection
shall take place in consultation with the Parties.
a. Incumbent TGoNU: 20 Ministries
b. SPLM/A-IO: 09 Ministries
c. SSOA: 03 Ministries.
d. FDs: 02 Ministries
e. OPP; 01 Ministry

2.7. There shall be ten (10) Deputy Ministers in the following Ministries:
a. Cabinet Affairs.
b. Foreign Affairs and International Cooperation.
c. Defense and Veteran Affairs.
d. Interior.
e. Justice and Constitutional Affairs.
f. Finance and Planning.
g. Agriculture and Food Security.
h. General Education and Instruction.
i. Public Service and Human Resource Development.
j. Information, Telecommunication, Technology and Postal Services.

2.8. Deputy Ministers shall be allocated as follows:
a. Incumbent TGoNU: five (5) Deputy Ministers.
b. SPLM/A-IO: three (3) Deputy Ministers
c. SSOA: one (1) Deputy Minister.
d. OPP: one (1) Deputy Minister

Page 10, 6. General Provisions
6.4. Provisions of the Transitional Constitution of the Republic of South Sudan and ARCSS on participation of women (35%) in the Executive shall be observed. In particular, in their nomination to the Council of Ministers Incumbent TGoNU shall nominate no fewer than six (6) women, SPLM-IO shall nominate no fewer than three (3) women, and SSOA shall nominate no less than one (1) woman.
6.5. Having in mind that more than 70 percent of the population in the Republic of South Sudan is under the age of thirty and that youth are the most affected by the war and represent high percentage of refugees and IDPs, the Parties shall strive to include people of young age in their quotas at different levels, in particular, the Parties shall strive that the Minister of Culture, Youth, and Sport in the Revitalized TGoNU shall be less than forty (40) years old.
6.6. In selecting their nominees, the Parties shall give due consideration to national diversity, gender and regional representation.
Power sharing→Political power sharing→Proportionality in legislature
State level
Pages 4-5,

3. The Transitional National Legislature
3.1. The Transitional National Legislature (TNL) shall consist of the Transitional
National Legislative Assembly (TNLA) and the Council of States.
3.2. The TNLA shall be expanded to 550 members and reconstituted as follows:
a. Incumbent TGoNU: 332 members.
b. SPLM/ A-IO; 123 members
c. SSOA: 50 members.
d. OPP: 30 members
e. FDs: 10 members.
3.3. The Speaker of the TNLA shall be nominated by the Incumbent TGoNU.
One Deputy Speaker shall be nominated by SPLM/A-IO; another, who shall be a
women, shall be nominated by the Incumbent TGoNU; and a third Deputy
Speaker to nominated by OPP.
3.4. Upon issuing the final report of the IBC the Council of States shall be
reconstituted as shall be recommended by the IBC. However, if the IBC failed to issue its final report, the Council of States shall be reconstituted
pursuant to the outcome of the referendum.
3.5. Without prejudice to the recommendations of the IBC, the Speaker of the
Council of States shall be from SPLM-IO, Deputy Speaker from the TGoNU, who
shall be a woman, and Deputy Speaker from SSOA. For the purpose of regional
inclusivity required in a body representing the States, each of the Speaker and
Deputy Speakers shall come from a different region.
Power sharing→Political power sharing→Other proportionality
State level
Sub-state level
Pages 5-8,

4. Number and Boundaries of States:
4.1. Within two weeks of the signing of the Revitalised ARCSS, the IGAD
Executive Secretariat, taking into account the decision of the 55th ExtraOrdinary Session of the IGAD Council of Ministers held in Addis Ababa,
Ethiopia, January 30-31, 2016, shall appoint an Independent Boundaries
Commissions (IBS) for the Republic of South Sudan.
4.2. The IBC shall consist of fifteen (15) members with the necessary skills and
expertise.
4.3. Members of the IBC shall be appointed as follows:
a. Five (5) members shall be appointed by the Incumbent TGoNU
b. Five (5) members shall be appointed by opposition groups: two (2) from
SPLM/ A-IO, one (1) from SSOA, one (1) from FDs, and one (1) from OPP.
C. Five (5) highly experienced members to be appointed by C5 states (Algeria,
Chad, Nigeria, South Africa and Rwanda).
4.4. The IBC shall be chaired by one of its non-South Sudanese members who
shall be of recognized standing and integrity and who should have occupied a
senior judicial, executive or administrative position in his/ her home country.
4.5. The IBC may retain the services of a team of experts from South Sudan,
the IGAD region, AU, the Troika, and the international community as required.

4.6. If found appropriate, the IBC shall establish three teams, each consisting of
five representatives and relevant experts, to be deployed at locations it will
designate.
4.7. The function of the IBC shall be to consider the number of states of the
Republic of South Sudan, their boundaries, the composition and restructuring
of the Council of States and to make recommendations on the same.
4.8. The IBC shall study all viable alternatives in the light of guidelines that shall
be drawn beforehand and right at the beginning of its work. The IBC shall also
draw its own internal regulations. Adoption of the guidelines and internal
regulations shall be by simple majority of the IBC.
4.9. The IBC shall strive to adopt its final report by consensus. If consensus is
not achieved, the IBC shall adopt its final report by a decision that shall be
supported by at least seven (7) of its South Sudanese members.
4.10. The recommendations of the IBC shall be presented to the IGAD
Executive Secretariat to enshrine the same in the Revitalized ARCSS as an
addendum. The Parties accept to implement the recommendations in full at
the beginning of the Transitional Period.
4.11. The Parties agree to abide by the recommendations of the IBC, and
hereby authorize the IGAD Executive Secretariat to enshrine the same in the
Revitalized ARCSS as an addendum. The Parties accept to implement the
recommendations in full at the beginning of the Transitional Period.
4.12. The IBC shall complete its work within a maximum of ninety (90) days
that shall be not be extendable.
4.13. In the unlikely event of the IBC failing to make its final report before the
end of its term, the IBC shall be automatically transformed on the 90th day of
its terms into Referendum Commission on Number and Boundaries of States
(RCNBS) of the Republic of South Sudan.

4.14. The RCNBS shall work under the direct supervision and support of the
African Union and the IGAD, and pursuant to the international guidelines, and
shall conduct the referendum before the end of the agreed eight (8) months
Pre-Transitional Period.
4.15. The referendum shall be conducted on the number and boundaries of
States of the Republic of South Sudan; taking account of the positions
advanced by Parties. The question or set of questions that shall be posed in the
referendum shall be the same for the entire country unless it is decided in the
RCNBS that each states shall have different question or set of questions more
understandable to the people.

4a.
4a.1 Immediately upon the signing of the Revitalized ARCSS, the IGAD
Mediation shall appoint a Technical Boundary Committee (TBC) to define and
demarcate the tribal areas of South Sudan as they stood on 1 January 1956 and
the tribal areas in dispute in the country.
4a.2 The TBC shall consist of a suitable number of experts drawn from IGAD
and Troika Countries.
4a.3 The TBC shall receive presentations from local communities and any South
Sudanese and study them. It shall finish its work within sixty (60) days.
4a.4 The decision of the TBC shall be by consensus. In the event that consensus
is not achieved, the decision shall be aby simple majority and any dissenting
view shall be recorded.
4a. 5 Immediately upon completion of its work, the TBC shall present its report
including dissenting views, if any, to the IGAD Mediation..
4a. 6. The IBC and RCNBC shall take full account of the report of the TBC which
shall form the basis of their decision and formulation of the question of the
referendum.
8
4a. 7. In the event that any tribe claims that the TBC report is violated, that
tribe is entitled to report within a maximum of two years of the alleged
violation to arbitration and bring its case against the Revitalized TGoNU or any
subsequent government of the Republic of South Sudan before the Permanent
Court of Arbitration at the Hague. The Revitalized TGoNU or any subsequent
government agrees to abide by the arbitration award and shall introduce any
required state boundary rectifications.

4a. 7. In the event that any tribe claims that the TBC report is violated, that
tribe is entitled to report within a maximum of two years of the alleged
violation to arbitration and bring its case against the Revitalized TGoNU or any
subsequent government of the Republic of South Sudan before the Permanent
Court of Arbitration at the Hague. The Revitalized TGoNU or any subsequent
government agrees to abide by the arbitration award and shall introduce any
required state boundary rectifications.
Power sharing→Political power sharing→Other
State level
Sub-state level
Pages 10-11, 6. General Provisions
6.7. Without prejudice to the provisions of Paragraph 6.1. above, a National Pre-Transitional Committee (NPTC) shall be formed as follows by the President of the Republic of South Sudan within two weeks of signing the Revitalized ARCSS:
a. The NPTC shall be formed of ten (10) members representing the Parties as follows: five (5) for Incumbent TGoNU, two (2) for SPLM/A-IO, one (1) for SSOA, one (1) for FDs, and one (1) for OPP. The NPTC shall be chaired by TGoNU representative with two Deputy Chairs to be nominated by SPLM/A-IO and SSOA respectively, and shall adopt its decisions by consensus.
b. The NPTC shall be entrusted with the function of oversight and coordination of the implementation of the activities of the PreTransitional Period stated in 6.3. above in collaboration with the Incumbent TGoNU.
c. The NPTC shall draw the road map for implementing the political tasks of the Pre-Transitional Period, prepare a budget for the 11 activities of the Pre-Transitional Period, and address issues of VIP security as per security arrangements and preparations for new Ministries, among others.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Page 1,
Cognizant that a federal system of government is a popular demand of the
people of the Republic of South Sudan and of the need for the Revitalized
TGoNU to reflect this demand by way of devolution of more powers and
resources to lower levels of government,

Page 9, 6. General Provisions
6.3. The activities that shall be undertaken during the agreed eight (8) months Pre-transitional Period shall include:
g. Any other activities agreed by the Parties including the devolution of more powers and resources to lower levels of government.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

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, (TCRSS) as amended, 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,
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: Page 11, 6. General Provisions
6.11. The Parties reaffirm their commitment to the ARCSS that a federal and democratic system of governance that reflects the character of the Republic of South Sudan and ensures unity in diversity be enacted during the permanent constitution making process.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Page 9, 6. General Provisions
6.3. The activities that shall be undertaken during the agreed eight (8) months Pre-transitional Period shall include: a. Dissemination of the Revitalized ARCSS to South Sudanese people inside the country, in different cities and refugee camps in neighbouring countries, and in Diaspora, so that the people can understand, support and own it.
Mobility/access: No specific mention.
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→Socio-economic development
Page 2, 1. The Presidency
1.5. The First Vice President and Vice Presidents shall oversee respectively the following Cabinet Clusters:
(b) Vice President: Economic Cluster
(c) Vice President: Services Cluster.

Pages 2-3, 1. The Presidency
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.6. The Ministerial positions shall be allocated as follows:
h. General Education and Instruction.
i. Public Service and Human Resource Development.
j. Information, Telecommunication, Technology and Postal Services.

Page 11, 6. General Provisions
6.8. There shall be established a fund, to be drawn from government funds and contributions of donors, for the implementation of the activities of the preTransitional Period. The fund shall be deposited by Incumbent TGoNU in a special account in a bank agreed to by the NPTC. The NPTC shall manage the fund transparently and report on it monthly to the President of the Republic of South Sudan and to the Parties.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2, 1. The Presidency
1.5. The First Vice President and Vice Presidents shall oversee respectively the following Cabinet Clusters:
…
(d) Vice President: Infrastructure Cluster (e)

Pages 2-3,
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.3. The Infrastructure Cluster shall include Ministries of Energy and Dams; Transport; Roads and Bridges; and any other appropriate Ministry of the five new Ministries.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 9,

Page 9, 6. General Provisions
6.2. At the beginning of the Pre-Transitional Period, the Parties shall issue a solemn commitment to their people and the international community at large confirming unequivocally that they will not return to war and shall work hand in hand diligently and collectively for the sake of peace and stability of their country. In particular, the Parties shall pledge to use the resources of the country wisely and transparently, for the best interests of the people of the Republic of South Sudan, and to put in place the efficient mechanisms for achieving this paramount goal. In their solemn commitment the Parties shall also appeal to the international community for support and cooperation at this difficult time of the Republic of South Sudan.

Page 11, 6. General Provisions
6.8. There shall be established a fund, to be drawn from government funds and contributions of donors, for the implementation of the activities of the preTransitional Period. The fund shall be deposited by Incumbent TGoNU in a special account in a bank agreed to by the NPTC. The NPTC shall manage the fund transparently and report on it monthly to the President of the Republic of South Sudan and to the Parties.
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→Intangible
Pages 2, 1. The Presidency
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and Social Welfare; Culture and Heritage, Youth, and Sports; and any other appropriate Ministry of the five new Ministries.
Environment: Pages 2-3, 1. The Presidency
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.6. The Ministerial positions shall be allocated as follows:
g. Agriculture and Food Security.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
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: Page 9, 6. General Provisions
c. A process of national healing and reconciliation that shall be led by the Parties, churches, and civil society groups inside and outside of the Republic of South Sudan.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: Page 4-5, 3. The Transitional National Legislature
3.4. Upon issuing the final report of the IBC the Council of States shall be reconstituted as shall be recommended by the IBC. However, if the IBC failed to issue its final report, the Council of States shall be reconstituted pursuant to the outcome of the referendum.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 7,
4a. 4a.1 Immediately upon the signing of the Revitalized ARCSS, the IGAD Mediation shall appoint a Technical Boundary Committee (TBC) to define and demarcate the tribal areas of South Sudan as they stood on 1 January 1956 and the tribal areas in dispute in the country.
4a. 5 Immediately upon completion of its work, the TBC shall present its report including dissenting views, if any, to the IGAD Mediation..
Page 10, 6. General Provisions
6.9. The IGAD-led mediation shall revitalize and restructure all monitoring and evaluation mechanisms to ensure inclusion of all Parties and to enhance effectiveness of all mechanisms. Such review and restructuring shall be reflected in the Revitalized ARCSS.
Related cases: No specific mention.
Source: As published in the Sudan Tribune https://www.sudantribune.com/IMG/pdf/revised_entebbe.pdf

Agreement on Outstanding Issues of Governance

Mindful of our commitment under the Transitional Constitution of the Republic of South Sudan, 2011, (TCRSS) as amended, 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 has befallen our country and people as a result of disregarding this commitment,

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

Recognising the prime significance of preserving the sovereignty and territorial integrity of our country,

Cognizant that a federal system of government is a popular demand of the people of the Republic of South Sudan and of the need for the Revitalized TGoNU to reflect this demand by way of devolution of more powers and resources to lower levels of government,

Confirming the commitments that we have solemnly undertaken in the ARCSS and the Khartoum Declaration,

We the Parties, comprising 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) and Other Political Parties (OPP), collectively referred to as the Parties, confirm our commitment to the agreed parts of the Revised Bridging Proposal and do hereby resolve as follows:

1. The Presidency

1.1. During the Transitional Period:

a. H.E. Salva Kiir Mayardit shall continue as the President of the Republic of South Sudan.

b. The Chairman of SPLM/A-IO Dr Riek Machar Teny shall assume the position of the First Vice President of the Republic of South Sudan.

1.2. During the Transitional Period there shall be four Vice Presidents of the Republic of South Sudan who shall be nominated as follows:

a. Vice President to be nominated by Incumbent TGoNU.

b. Vice President to be nominated by SSOA.

c. Vice President to be nominated by Incumbent TGoNU.

d. Vice President to be nominated by FDs, who shall be a woman.

1.3. Apart from the First Vice President, there shall be no hierarchy among the Vice Presidents.

The ranking in 1.2.

above is for protocol purposes only.

1.4. Decision making in the Presidency shall be in the spirit of collegial collaboration.

However, the powers and functions of the President, First Vice President, and Vice Presidents shall be delineated along the provisions of the ARCSS 2015.

1.5. The First Vice President and Vice Presidents shall oversee respectively the following Cabinet Clusters:

(a) First Vice President:

Governance Cluster

(b) Vice President:

Economic Cluster

Services Cluster.

(d) Vice President:

Infrastructure Cluster

(e) Vice President:

Gender and Youth Cluster

2. The Revitalized TGoNU

2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.

2.2. The three Clusters stated in the ARCSS shall continue having due regard to the amendments required as a result of creating new Clusters and new Ministries.

2.3. The Infrastructure Cluster shall include Ministries of Energy and Dams;

Transport;

Roads and Bridges;

and any other appropriate Ministry of the five new Ministries.

2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and Social Welfare;

Culture and Heritage, Youth, and Sports;

and any other appropriate Ministry of the five new Ministries.

2.5. The additional five Ministries and their clustering shall be agreed by the Parties before or during the Pre-Transitional Period further to a proposal to be drawn by the IGAD.

The full list of the thirty five (35) Ministries and their clustering shall be drawn at that time and shall be included in the Revitalized ARCSS,

2.6. The Ministerial positions shall be allocated as follows:

a. Incumbent TGoNU:

20 Ministries

b. SPLM/A-IO:

09 Ministries

c. SSOA:

03 Ministries.

d. FDs:

02 Ministries

e. OPP;

01 Ministry

2.7. There shall be ten (10) Deputy Ministers in the following Ministries:

Cabinet Affairs.

Foreign Affairs and International Cooperation.

Defense and Veteran Affairs.

Interior.

Justice and Constitutional Affairs.

Finance and Planning.

Agriculture and Food Security.

General Education and Instruction.

Public Service and Human Resource Development.

Information, Telecommunication, Technology and Postal Services.

2.8. Deputy Ministers shall be allocated as follows:

a. Incumbent TGoNU:

five (5) Deputy Ministers.

b. SPLM/A-IO:

three (3) Deputy Ministers

c. SSOA:

one (1) Deputy Minister.

d. OPP:

one (1) Deputy Minister.

2.9. The Parties shall agree on the assigning of Ministerial and Deputy Ministerial portfolios as stated in the ARCSS if not agreed otherwise and nominate their Ministers and Deputy Ministers accordingly.

2.10 No fewer than three (3) of the Deputy Ministers shall be women.

2.11.

No Assistant Presidents, other Ministers or Deputy Ministers shall be appointed during the Transitional Period.

2.12.

If more than two Advisers to the President are appointed, their selection shall take place in consultation with the Parties.

3. The Transitional National Legislature

3.1. The Transitional National Legislature (TNL) shall consist of the Transitional National Legislative Assembly (TNLA) and the Council of States.

3.2. The TNLA shall be expanded to 550 members and reconstituted as follows:

Incumbent TGoNU:

332 members.

SPLM/ A-IO;

123 members

SSOA:

50 members.

OPP: 30 members

FDs: 10 members.

3.3. The Speaker of the TNLA shall be nominated by the Incumbent TGoNU.

One Deputy Speaker shall be nominated by SPLM/A-IO;

another, who shall be a women, shall be nominated by the Incumbent TGoNU;

and a third Deputy Speaker to nominated by OPP.

3.4. Upon issuing the final report of the IBC the Council of States shall be reconstituted as shall be recommended by the IBC.

However, if the IBC

failed to issue its final report, the Council of States shall be reconstituted pursuant to the outcome of the referendum.

3.5. Without prejudice to the recommendations of the IBC, the Speaker of the Council of States shall be from SPLM-IO, Deputy Speaker from the TGoNU, who shall be a woman, and Deputy Speaker from SSOA.

For the purpose of regional inclusivity required in a body representing the States, each of the Speaker and Deputy Speakers shall come from a different region.

4. Number and Boundaries of States:

4.1. Within two weeks of the signing of the Revitalised ARCSS, the IGAD Executive Secretariat, taking into account the decision of the 55th Extra-Ordinary Session of the IGAD Council of Ministers held in Addis Ababa, Ethiopia, January 30-31, 2016, shall appoint an Independent Boundaries Commissions (IBS) for the Republic of South Sudan.

4.2. The IBC shall consist of fifteen (15) members with the necessary skills and expertise.

4.3. Members of the IBC shall be appointed as follows:

a. Five (5) members shall be appointed by the Incumbent TGoNU

b. Five (5) members shall be appointed by opposition groups:

two (2) from SPLM/ A-IO, one (1) from SSOA, one (1) from FDs, and one (1) from OPP.

C. Five (5) highly experienced members to be appointed by C5 states (Algeria, Chad, Nigeria, South Africa and Rwanda).

4.4. The IBC shall be chaired by one of its non-South Sudanese members who shall be of recognized standing and integrity and who should have occupied a senior judicial, executive or administrative position in his/ her home country.

4.5. The IBC may retain the services of a team of experts from South Sudan, the IGAD region, AU, the Troika, and the international community as required.

4.6. If found appropriate, the IBC shall establish three teams, each consisting of five representatives and relevant experts, to be deployed at locations it will designate.

4.7. The function of the IBC shall be to consider the number of states of the Republic of South Sudan, their boundaries, the composition and restructuring of the Council of States and to make recommendations on the same.

4.8. The IBC shall study all viable alternatives in the light of guidelines that shall be drawn beforehand and right at the beginning of its work.

The IBC shall also draw its own internal regulations.

Adoption of the guidelines and internal regulations shall be by simple majority of the IBC.

4.9. The IBC shall strive to adopt its final report by consensus.

If consensus is not achieved, the IBC shall adopt its final report by a decision that shall be supported by at least seven (7) of its South Sudanese members.

4.10.

The recommendations of the IBC shall be presented to the IGAD Executive Secretariat to enshrine the same in the Revitalized ARCSS as an addendum.

The Parties accept to implement the recommendations in full at the beginning of the Transitional Period.

4.11.

The Parties agree to abide by the recommendations of the IBC, and hereby authorize the IGAD Executive Secretariat to enshrine the same in the Revitalized ARCSS as an addendum.

The Parties accept to implement the recommendations in full at the beginning of the Transitional Period.

4.12.

The IBC shall complete its work within a maximum of ninety (90) days that shall be not be extendable.

4.13.

In the unlikely event of the IBC failing to make its final report before the end of its term, the IBC shall be automatically transformed on the 90th day of its terms into Referendum Commission on Number and Boundaries of States (RCNBS) of the Republic of South Sudan.

4.14.

The RCNBS shall work under the direct supervision and support of the African Union and the IGAD, and pursuant to the international guidelines, and shall conduct the referendum before the end of the agreed eight (8) months Pre-Transitional Period.

4.15.

The referendum shall be conducted on the number and boundaries of States of the Republic of South Sudan;

taking account of the positions advanced by Parties.

The question or set of questions that shall be posed in the referendum shall be the same for the entire country unless it is decided in the RCNBS that each states shall have different question or set of questions more understandable to the people.

4a.

4a.1 Immediately upon the signing of the Revitalized ARCSS, the IGAD Mediation shall appoint a Technical Boundary Committee (TBC) to define and demarcate the tribal areas of South Sudan as they stood on 1 January 1956 and the tribal areas in dispute in the country.

4a.2 The TBC shall consist of a suitable number of experts drawn from IGAD and Troika Countries.

4a.3 The TBC shall receive presentations from local communities and any South Sudanese and study them.

It shall finish its work within sixty (60) days.

4a.4 The decision of the TBC shall be by consensus.

In the event that consensus is not achieved, the decision shall be aby simple majority and any dissenting view shall be recorded.

4a. 5 Immediately upon completion of its work, the TBC shall present its report including dissenting views, if any, to the IGAD Mediation..

4a. 6.

The IBC and RCNBC shall take full account of the report of the TBC which shall form the basis of their decision and formulation of the question of the referendum.

4a. 7.

In the event that any tribe claims that the TBC report is violated, that tribe is entitled to report within a maximum of two years of the alleged violation to arbitration and bring its case against the Revitalized TGoNU or any subsequent government of the Republic of South Sudan before the Permanent Court of Arbitration at the Hague.

The Revitalized TGoNU or any subsequent government agrees to abide by the arbitration award and shall introduce any required state boundary rectifications.

5. States and Local Government

5.1. The responsibility sharing at State and local government levels shall be in accordance with the following ratio:

a. Incumbent TGoNU:

55%

b. SPLM/ A-IO:

27%

c. SSOA:

10%

D. OPP:

5.2. At the beginning of the Transitional Period State and local governments shall be reconstituted as per the responsibility sharing formula stated above.

5.3. The positions that shall be shared as per the responsibility sharing formula are:

Governors, Speakers of State Legislatures, County Commissioners, and County Councils (if any)

5.4. In sharing State and local government positions the Parties shall take into account the relative prominence each Party has in the respective State or country.

5.5. The FDs shall have three State Ministries in States of their choice that shall be deducted from the opposition ratio.

6. General Provisions

6.1. The Parties recognize that during the Pre-Transitional Period, the Incumbent TGoNU shall continue to exercise its powers as per the TCRSS.

6.2. At the beginning of the Pre-Transitional Period, the Parties shall issue a solemn commitment to their people and the international community at large confirming unequivocally that they will not return to war and shall work hand in hand diligently and collectively for the sake of peace and stability of their country.

In particular, the Parties shall pledge to use the resources of the country wisely and transparently, for the best interests of the people of the Republic of South Sudan, and to put in place the efficient mechanisms for achieving this paramount goal.

In their solemn commitment the Parties shall also appeal to the international community for support and cooperation at this difficult time of the Republic of South Sudan.

6.3. The activities that shall be undertaken during the agreed eight (8) months Pre-transitional Period shall include:

Dissemination of the Revitalized ARCSS to South Sudanese people inside the country, in different cities and refugee camps in neighbouring countries, and in Diaspora, so that the people can understand, support and own it.

Carrying out the tasks entrusted to the IBC and the RCNBS.

A process of national healing and reconciliation that shall be led by the Parties, churches, and civil society groups inside and outside of the Republic of South Sudan.

The agreed security arrangement activities.

Incorporation of the Revitalized ARCSS in the TRCSS.

Reviewing and drafting necessary bills as per the Revitalized ARCSS.

Any other activities agreed by the Parties including the devolution of more powers and resources to lower levels of government.

6.4. Provisions of the Transitional Constitution of the Republic of South Sudan and ARCSS on participation of women (35%) in the Executive shall be observed.

In particular, in their nomination to the Council of Ministers Incumbent TGoNU shall nominate no fewer than six (6) women, SPLM-IO shall nominate no fewer than three (3) women, and SSOA shall nominate no less than one (1) woman.

6.5. Having in mind that more than 70 percent of the population in the Republic of South Sudan is under the age of thirty and that youth are the most affected by the war and represent high percentage of refugees and IDPs, the Parties shall strive to include people of young age in their quotas at different levels, in particular, the Parties shall strive that the Minister of Culture, Youth, and Sport in the Revitalized TGoNU shall be less than forty (40) years old.

6.6. In selecting their nominees, the Parties shall give due consideration to national diversity, gender and regional representation.

6.7. Without prejudice to the provisions of Paragraph 6.1.

above, a National Pre-Transitional Committee (NPTC) shall be formed as follows by the President of the Republic of South Sudan within two weeks of signing the Revitalized ARCSS:

The NPTC shall be formed of ten (10) members representing the Parties as follows:

five (5) for Incumbent TGoNU, two (2) for SPLM/A-IO, one (1) for SSOA, one (1) for FDs, and one (1) for OPP.

The NPTC shall be chaired by TGoNU representative with two Deputy Chairs to be nominated by SPLM/A-IO and SSOA respectively, and shall adopt its decisions by consensus.

The NPTC shall be entrusted with the function of oversight and coordination of the implementation of the activities of the Pre-Transitional Period stated in 6.3.

above in collaboration with the Incumbent TGoNU.

The NPTC shall draw the road map for implementing the political tasks of the Pre-Transitional Period, prepare a budget for the

activities of the Pre-Transitional Period, and address issues of VIP security as per security arrangements and preparations for new Ministries, among others.

6.8. There shall be established a fund, to be drawn from government funds and contributions of donors, for the implementation of the activities of the pre-Transitional Period.

The fund shall be deposited by Incumbent TGoNU in a special account in a bank agreed to by the NPTC.

The NPTC shall manage the fund transparently and report on it monthly to the President of the Republic of South Sudan and to the Parties.

6.9. The IGAD-led mediation shall revitalize and restructure all monitoring and evaluation mechanisms to ensure inclusion of all Parties and to enhance effectiveness of all mechanisms.

Such review and restructuring shall be reflected in the Revitalized ARCSS.

6.10.

Within twelve (12) months of the beginning of the Transitional Period, the Reconstituted National Constitutional Amendments Committee (NCAC) shall revise relevant laws and draft new legislation pursuant to the Revitalied ARCSS.

6.11.

The Parties reaffirm their commitment to the ARCSS that a federal and democratic system of governance that reflects the character of the Republic of South Sudan and ensures unity in diversity be enacted during the permanent constitution making process.

6.12.

The Parties also reaffirm their commitment to the principle of lean government and that the number of members of the future legislatures shall be commensurate with the number of the population of the country pursuant to the internationally recognised proportions.

The Parties recognize that the high number of members of the Executive and TNLA is agreed herein on exceptional basis for the purposes of the Transitional Period only and that those numbers shall form no precedent or any precursor for the future.

6.13.

The Agreement shall prevail on contradictory or incompatible provisions or ARCSS, any other agreement and the Revitalised Bridging Proposal.

Done in Khartoum, Sudan, this day 5th August 2018

For Incumbent TGonu

H.E. Salva Kiir Mayardit

President of the Republic of South Sudan

For SPLM/A-IO

Dr Riek Machar Teny

Chairman of the SPLM/A-IO

For SSOA

For FDs

For OPP

Francis Madeng Deng

Eminent Personalities

Mohammed Morjan

Faith Based leaders

Sarah Nayanth Elijah Yang

Civil Society Organization Outsude (CSO Outsided)

Alokiir Malwal Anguer

Civil Society Organisation (CS0)

Amer Manyok Deng

Women bloc of South Sudan

Witnesses:

For AU:

Amb. Josefa Leonel Correia Sacko

For IGAD:

Dr. Ismail Wais

For UN:

Nicholas Haysom

Gaurantors:

For the Republic of Sudan:

H.E. Omer Hassan Ahmed Al Bashir

For the Republic of Uganda:

H.E. Yoweri Museveni

President of the Republic of Uganda

Agreement on Outstanding issues of Governance

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

Source agreement