Rome Initiative for Political Dialogue in South Sudan, Declaration of Principles, 10 March 2021,Naivasha, Kenya

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Rome Initiative for Political Dialogue in South Sudan, Declaration of Principles, 10 March 2021,Naivasha, Kenya
Date: 10 Mar 2021
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: South Sudan post-secession process
Parties: For Revitalized Transitional Government of National Unity (R-TGoNU)
Hon. Barnaba Marial Benjamin
For South Sudan Opposition Movements Alliance (SSOMA)
Hon. Pa `gan Amum Okiech (Real SPLM) and Gen. Paul Malong Awan Anei (SSUF/A)
Third parties: Observers:
Ismail Wais, IGAD Special Envoy for South Sudan,
Stephen Kalonzo Musyoka, Kenya Special Envoy for South Sudan,
Betty Oyella Bigombe, Uganda Special Envoy for South Sudan
Facilitator: Paolo Impagliazzo, Secretary General Community of Sant’Egidio
Host: Government of Kenya
Description: This agreement sets out a list of principles between the Revitalized Transitional Government of National Unity (R-TGoNU) and South Sudan Opposition Movements Alliance (SSOMA) following the Rome Declaration of 12th January 2020 and the Rome Resolution of 13th February 2020.

Agreement document: SS_210310_Rome Initiative for Political Dialogue in South Sudan - Declaration of Principles.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: Groups→Racial/ethnic/national group→Rhetorical
Page 2, 4.
South Sudan is a multi-ethnic, multi religious and multi-cultural society and therefore full recognition, respect, protection and acceptance of these diversities must be affirmed.

Page 2,5.
Divisive policies, and negative regional sectarianism, tribalism and nepotism shall be rejected and eradicated South Sudan.
Groups→Racial/ethnic/national group→Substantive
Page 2, 9.
Land in South Sudan belongs to the people. Its ownership and use shall be regulated by customs and law. Resolution of communal and tribal land disputes shall be based on communal and tribal land boundaries as they stood on the 01/01/1956, taking into consideration the historical, cultural and geographical factors. This principle shall be incorporated into the permanent constitution in the current constitutional making process.
Religious groups: Groups→Religious groups→Rhetorical
Page 2, 4.
South Sudan is a multi-ethnic, multi religious and multi-cultural society and therefore full recognition, respect, protection and acceptance of these diversities must be affirmed.

Page 2, 5.
Divisive policies, and negative regional sectarianism, tribalism and nepotism shall be rejected and eradicated South Sudan.
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, 2.
No military solution can bring lasting peace and stability to the country and a negotiable and just political settlement shall be the common objective of the parties to the Rome Initiative to achieve permanent and sustainable peace and democratic system of governance; based on the supremacy principles of the rule of law.

Page 2, 3.
The unity of the people of South Sudan based on their shared history of struggle for freedom and self-determination, shared aspirations to live in peace, harmony and dignity, must be the common goal.

Page 2, 6.
The civil and political, cultural and economical rights of all South Sudanese citizens shall be upheld and guaranteed by law.

Page 2, 7.
A secular, democratic and multi-party federal state based on equal citizenship shall be established in South Sudan.
State configuration: Page 2, 7.
A secular, democratic and multi-party federal state based on equal citizenship shall be established in South Sudan.

Page 2, 8. ,
A fair, transparent management and sharing of national wealth among the people of South Sudan at the national state and local government levels must be realized.
Self determination: Page 2, 3.
The unity of the people of South Sudan based on their shared history of struggle for freedom and self-determination, shared aspirations to live in peace, harmony and dignity, must be the common goal.
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: No specific mention.
Traditional/religious leaders: Page 2, 9.
Land in South Sudan belongs to the people. Its ownership and use shall be regulated by customs and law. Resolution of communal and tribal land disputes shall be based on communal and tribal land boundaries as they stood on the 01/01/1956, taking into consideration the historical, cultural and geographical factors. This principle shall be incorporated into the permanent constitution in the current constitutional making process.
Public administration: Page 3, 15.
The Republic of South Sudan shall have an effective public service reform and environmental stewardship.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, 9.
Land in South Sudan belongs to the people. Its ownership and use shall be regulated by customs and law. Resolution of communal and tribal land disputes shall be based on communal and tribal land boundaries as they stood on the 01/01/1956, taking into consideration the historical, cultural and geographical factors. This principle shall be incorporated into the permanent constitution in the current constitutional making process.

Page 2, 12.
Defense forces and other organized forces of the Republic of South Sudan shall be professional, non-partisan and non-political. Their composition shall reflect the diversity of the Republic of South Sudan, their mandate shall be defined by the constitution and law.

Page 3, 13.
The National Security Service (NSS) of the Republic of South Sudan shall be professional, non-partisan and non-political and its composition shall reflect the diversity of the nation. Its sole mandate is to gather and analyse information, and advise the government in pursuit and protection of national interest. They shall have no power of domestic law enforcement. The principle of it not having the power of arrest and detention shall be enshrined in the Constitution as part of the current constitution making process.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, 7.
A secular, democratic and multi-party federal state based on equal citizenship shall be established in South Sudan.
Economic power sharing: Power sharing→Economic power sharing→Fiscal federalism
Page 2, 8.
A fair, transparent management and sharing of national wealth among the people of South Sudan at the national state and local government levels must be realized.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, 2.
No military solution can bring lasting peace and stability to the country and a negotiable and just political settlement shall be the common objective of the parties to the Rome Initiative to achieve permanent and sustainable peace and democratic system of governance; based on the supremacy principles of the rule of law

Page 2, 6.
The civil and political, cultural and economical rights of all South Sudanese citizens shall be upheld and guaranteed by law
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 2, 7.
A secular, democratic and multi-party federal state based on equal citizenship shall be established in South Sudan.
Human rights and equality→Civil and political rights→Other
Page 2, 6.
The civil and political, cultural and economical rights of all South Sudanese citizens shall be upheld and guaranteed by law
Socio-economic rights: Human rights and equality→Socio-economic rights→Cultural life
Page 2, 4.
South Sudan is a multi-ethnic, multi religious and multi-cultural society and therefore full recognition, respect, protection and acceptance of these diversities must be affirmed.

Page 2, 5.
Divisive policies, and negative regional sectarianism, tribalism and nepotism shall be rejected and eradicated South Sudan.
Human rights and equality→Socio-economic rights→Other
Page 2, 6.
The civil and political, cultural and economical rights of all South Sudanese citizens shall be upheld and guaranteed by law

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 2, 7.
A secular, democratic and multi-party federal state based on equal citizenship shall be established in South Sudan.
Democracy: Page 1, 2.
No military solution can bring lasting peace and stability to the country and a negotiable and just political settlement shall be the common objective of the parties to the Rome Initiative to achieve permanent and sustainable peace and democratic system of governance; based on the supremacy principles of the rule of law

Page 2, 7.
A secular, democratic and multi-party federal state based on equal citizenship shall be established in South Sudan.
Detention procedures: No specific mention.
Media and communication: No specific mention.
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, 9.
Land in South Sudan belongs to the people. Its ownership and use shall be regulated by customs and law. Resolution of communal and tribal land disputes shall be based on communal and tribal land boundaries as they stood on the 01/01/1956, taking into consideration the historical, cultural and geographical factors. This principle shall be incorporated into the permanent constitution in the current constitutional making process.

Page 2, 10.
Establishment of transparent and accountable system of management of natural and public resources to prevent and combat corruption, mismanagement and to realize equitable socio-economic development in the country
National economic plan: No specific mention.
Natural resources: Page 2, 10.
Establishment of transparent and accountable system of management of natural and public resources to prevent and combat corruption, mismanagement and to realize equitable socio-economic development in the country
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 2, 9.
Land in South Sudan belongs to the people. Its ownership and use shall be regulated by customs and law. Resolution of communal and tribal land disputes shall be based on communal and tribal land boundaries as they stood on the 01/01/1956, taking into consideration the historical, cultural and geographical factors. This principle shall be incorporated into the permanent constitution in the current constitutional making process.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 3, 15.
The Republic of South Sudan shall have an effective public service reform and environmental stewardship.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 3, 14.
Professionalize law enforcement agencies and community policing services with the mandate of maintaining internal law and order and protection of citizen's life and property.
Armed forces: Page 2, 12.
Defense forces and other organized forces of the Republic of South Sudan shall be professional, non-partisan and non-political. Their composition shall reflect the diversity of the Republic of South Sudan, their mandate shall be defined by the constitution and law.
DDR: No specific mention.
Intelligence services: Page, 13.
The National Security Service (NSS) of the Republic of South Sudan shall be professional, non-partisan and non-political and its composition shall reflect the diversity of the nation. Its sole mandate is to gather and analyse information, and advise the government in pursuit and protection of national interest. They shall have no power of domestic law enforcement. The principle of it not having the power of arrest and detention shall be enshrined in the Constitution as part of the current constitution making process.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 2, 10.
Establishment of transparent and accountable system of management of natural and public resources to prevent and combat corruption, mismanagement and to realize equitable socio-economic development in the country
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 2, 11.
Transitional justice and accountability must be instituted without delay or obstruction as the basis for national reconciliation, healing and unity.
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 2, Declaration of Principles:

11. Transitional justice and accountability must be instituted without delay or obstruction as the basis for national reconciliation, healing and unity.

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: No specific mention.
Related cases: No specific mention.
Source: On file with PA-X PI

Annex II:

Rome Initiative for Political Dialogue in South Sudan, Declaration of Principles, 10 March 2021, Naivasha, Kenya

Rome initiative for Political Dialogue in South Sudan

DECLARATION Of PRINCIPLES

We, the representatives of the Revitalized Transitional Government of National Unity (R-TGoNU) led by Hon.

Bamaba Marial Benjamin and South Sudan Opposition Movements Alliance (SSOMA) led by Hon.

Pa `gan Amum Okiech (Real SPLM) and Gen. Paul Malong Awan Anei (SSUF/A), meeting under the auspices of the Community of Sant'Egidio in coordination with the Government of Kenya in Naivasha, Kenya,

Recalling the Rome Declaration of 12th January 2020 and the Rome Resolution of 13th February 2020;

Aware of the unique opportunity availed by the Rome Initiative to achieve a comprehensive, all-inclusive and sustainable peace in South Sudan;

Concerned by the continued suffering and misery of the people of South Sudan;

Committed to transform South Sudan into a viable and resilient state capable of building a free and prosperous nation, where its people live "united in peace and harmony";

Reaffirming our commitment to preserve and protect the independence and territorial integrity South Sudan;

Hereby agree to the following Declaration of Principles (DoP) that would constitute the basis for the subsequent political dialogue to resolve the grave national crisis in the country

1. That lasting resolution of the conflict in South Sudan requires addressing the political concerns and root causes of the conflict;

2. No military solution can bring lasting peace and stability to the country and a negotiable and just political settlement shall be the common objective of the parties to the Rome Initiative to achieve permanent and sustainable peace and democratic system of governance;

based on the supremacy principles of the rule of law

3. The unity of the people of South Sudan based on their shared history of struggle for freedom and self-determination, shared aspirations to live in peace, harmony and dignity, must be the common goal.

4. South Sudan is a multi-ethnic, multi religious and multi-cultural society and therefore full recognition, respect, protection and acceptance of these diversities must be affirmed.

5. Divisive policies, and negative regional sectarianism, tribalism and nepotism shall be rejected and eradicated South Sudan.

6. The civil and political, cultural and economical rights of all South Sudanese citizens shall be upheld and guaranteed by law

7, A secular, democratic and multi-party federal state based on equal citizenship shall be established in South Sudan.

8. A fair, transparent management and sharing of national wealth among the people of South Sudan at the national state and local government levels must be realized.

9. Land in South Sudan belongs to the people.

Its ownership and use shall be regulated by customs and law.

Resolution of communal and tribal land disputes shall be based on communal and tribal land boundaries as they stood on the 01/01/1956, taking into consideration the historical, cultural and geographical factors.

This principle shall be incorporated into the permanent constitution in the current constitutional making process.

10.Establishment of transparent and accountable system of management of natural and public resources to prevent and combat corruption, mismanagement and to realize equitable socio-economic development in the country

11. Transitional justice and accountability must be instituted without delay or obstruction as the basis for national reconciliation, healing and unity.

12.Defense forces and other organized forces of the Republic of South Sudan shall be professional, non-partisan and non-political.

Their composition shall reflect the diversity of the Republic of South Sudan, their mandate shall be defined by the constitution and law.

13. The National Security Service (NSS) of the Republic of South Sudan shall be professional, non-partisan and non-political and its composition shall reflect the diversity of the nation.

Its sole mandate is to gather and analyse information, and advise the government in pursuit and protection of national interest.

They shall have no power of domestic law enforcement.

The principle of it not having the power of arrest and detention shall be enshrined in the Constitution as part of the current constitution making process.

14.Professionalize law enforcement agencies and community policing services with the mandate of maintaining internal law and order and protection of citizen's life and property.

15.The Republic of South Sudan shall have an effective public service reform and environmental stewardship.

With this Declaration of Principles the parties commit themselves to implement as soon as possible the agreement in a spirit of good faith.

Done on 10th March 2021, in Naivasha, Kenya

Barnaba Marial Benjamin (R-TGoNU)

Pa'gan Amum Okiech (SSOMA-Real SPLM)

Paul Malong Awan Anei (SSOMA-SSUF/A)

Ismail Wais, IGAD Special Envoy for South Sudan

Stephen Kalonzo Musyoka, Kenya Special Envoy for South Sudan

Betty Oyella Bigombe, Uganda Special Envoy for South Sudan

Paolo Impagliazzo, Secretary General Community of Sant’Egidio