Addendum to the Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Addendum to the Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access
Date: 22 May 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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: South Sudan post-secession process
Parties: I. THE PARTIES:

Hon. Nhial Deng Nhial
TGoNU Head of Delegation

Gen. Thomas Cirilo Swaka
NAS Head of Delegation

Dr Lam Akol Ajawin
NDM Head of Delegation

Hon. Henry Dilah Odwar
SPLM/A -10 Head of Delegation

Hon. Pagan Amun Okiech
For the SPLM - FDs

Hon. Gabriel Changson Chang
FDP/SSAF Head of Delegation

Mr Denay Chagor
SSUM Head of Delegation

Col. Joseph Bangasi Bakosoro
SSNMC Head of Delegation

Dr Hakim Dario
PDM Head of Delegation

Hon Stewart Sorobo Budia
UDP Head of Delegation

Hon. Ustaz Joseph Ukel Abango
USAP Representative

Mr Hussein Abdelbagi Akol
SSPM Head of Delegation

Peter GatKroth Note: This signature was in the place of this name
Gen. Bapiny Montul
SSLM Head of Delegation

Hon Kornelio Kon Ngu
National Alliance Political Parties

Hon. Peter Mayen Majongdit
Umbrella Parties, Head of Delegation

Hon. Wilson Lodiong Sebit
ANC Representative

Hon. Martin Tako Moyi
UDS Representative
Third parties: II. STAKEHOLDERS:
Bishop Emeritus Enock Tombe Stephen Loro
Faith Based Leader

Prof. Moses Macar Kacuol
Eminent Persons

Dr Koiti Emmily
Representative of Youth of South Sudan

Mr Simon Akuei Deng
Representative of Business Community of South Sudan

Sheik Mohamed Hassan Morjan
Faith Based Leader

Mrs.Amer Manyok Deng,
Representative of Women's Bloc of South Sudan

Hon. Alokir Malual Aguer
Representative of Civil Society of South Sudan

Mr Akouch Nyanhom
Representative of Civil Society Alliance

Prof. Pauline Elaine Riak
Representative of Academia

Mr Biel Boutros Biel
Civil Society Delegate

Mr Edmund Yakani
Civil Society Delegate

Madam Rebecca Garang
Ms Rita M. Lopidia,
Civil Society Delegate

Mr Rajab John Simon Mohandis
Civil Society Delegate

Ms Sarah Nyanath Elijah
Civil Society Delegate

Mr Alikaya Aligo Samson
Concerned South Sudanese

III. THE GUARANTORS:
A) IGAD Heads of State and Government
Description: The High-Level Revitalization Forum Addendum to the Agreement on the Cessation of Hostilities, Protection of Civilians, and Humanitarian Access, signed on 22 May 2018 in Addis Ababa, aims to enhance the implementation of the original agreement signed on 21 December 2017 among South Sudanese parties. This addendum emphasizes the operationalization of the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) to monitor and ensure compliance with the ceasefire and facilitate the full implementation of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS). It builds on the ARCSS's provisions for a permanent ceasefire and transitional security arrangements, establishing a structured monitoring mechanism to foster accountability and confidence among the parties involved.

Agreement document: SS_220802_Addendum to the Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Part II
...
Chapter II, Permanent Ceasefire:
Art. 4: Ceasefire and Transitional Security Arrangements (CTSAMM)
...
4.3.6. Youth: two (2);
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: Part II
...
Chapter II, Permanent Ceasefire:
Art. 4: Ceasefire and Transitional Security Arrangements (CTSAMM)
...
4.3 The restructured and reconstituted CTSAMM Board membership shall comprise of the representatives of:
...
4.3.4. Women's bloc: one (1) and other women: one (1);
4.3.5. CSOs: two (2), including one woman;
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Part II
...
Chapter II, Permanent Ceasefire:
Art. 4: Ceasefire and Transitional Security Arrangements (CTSAMM)
...
4.3.5. CSOs: two (2), including one woman;
...
4.3.8. Academia: one (1);
4.3.9. Eminent personalities: one (1);
...
4.3.15. IPF: one (1);
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: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: 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: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: Part II
...
Chapter II, Permanent Ceasefire:
Art. 4: Ceasefire and Transitional Security Arrangements (CTSAMM)
...
4.3.7. Business Community: one (1);
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Part I
...
Article 1
...
1.1 The provisions of Chapter 2 on Permanent Ceasefire and Transitional Security Arrangements, of the ARCSS, which are set out in Part Il below are hereby incorporated into the CoH Agreement, and shall become operational in line with the provisions of this Addendum.
Security sector→Ceasefire→General commitments
Part I
Whereas on 21 December 2017, the Parties signed the Agreement on the Cessation of Hostilities, Protection of Civilians and Humanitarian Access ("the CoH Agreement") as part of the efforts to revitalise the implementation of the Agreement on the Resolution of the conflict in the Republic of South Sudan (ARCSS) and in particular to return to a Permanent Ceasefire between the warring parties;
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Part I
...
Recalling that the ARCSSS provided for the establishment of a Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) to monitor the processes of the Permanent Ceasefire, and that the Mechanism has already been operationalized;
Considering the need for effective monitoring of the CoH Agreement, by a mechanism in which all the signatories of the Agreement can participate and through which they can be held accountable;
Recognising that the CTSAMM can play a critical role in monitoring the 'CoH Agreement, and in promoting the full implementation of that Agreement, and fostering confidence in the Parties;
...
Article 2
...
2.1. The Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) shall be fully operationalized to support the monitoring of the CoH Agreement.
2.2. Within two weeks of the signing of this Addendum, the Board of the CTSAMM shall be established and operationalized in accordance with the provisions in Part Ill of this Addendum.
2.3. Within one week of the signing of this Addendum, CTSAMM shall hold a workshop with the parties in Addis Ababa to finalize the participation of the parties into the CTSAMM sub-bodies and to determine the functions and locations of the sub-bodies.
Part II
...
Chapter II, Permanent Ceasefire:
Art. 4: Ceasefire and Transitional Security Arrangements (CTSAMM)
4.1. Upon entry into force of the Permanent Ceasefire the current Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) shall be restructured and reconstituted in accordance with article 11.1 of COHA of 21 December 2017 and shall be responsible for reporting on the progress of the implementation of the Permanent Ceasefire and Transitional Security Arrangements (PCTSA). (See Appendix Il Diagram: Ceasefire Institutions Diagram).
4.2. The restructured and reconstituted CTSAMM, including the national monitors, shall be responsible for monitoring compliance and reporting directly to IGAD Council of Ministers and the Joint Monitoring and Evaluation Commission (JMEC) on the progress of the implementation of the PCTSA and shall last for the duration of the Transitional Period. CTSAMM shall be meeting in Juba*' during the Transitional Period. It shall consist of a Board and Secretariat, both of which are chaired by a representative of IGAD. (See Annex: CTSAMM diagram.)
4.3 The restructured and reconstituted CTSAMM Board membership shall comprise of the representatives of:
4.3.1. Three each from the warring parties (3 x 9);
4.3.2. Former Detainees: one (1);
4.3.3. Other Political Parties: three (3);
4.3.4. Women's bloc: one (1) and other women: one (1);
4.3.5. CSOs: two (2), including one woman;
4.3.6. Youth: two (2);
4.3.7. Business Community: one (1);
4.3.8. Academia: one (1);
4.3.9. Eminent personalities: one (1);
4.3.10. IGAD: three (3);
4.3.11. AU: one (1);
4.3.12. China: one (1);
4.3.13. Troika (United States, United Kingdom, Norway): one (1);
4.3.14. UNMISS: one (1);
4.3.15. IPF: one (1);
4.3.16. EU: one (1).
Related cases: No specific mention.
Source: No specific mention.

HIGH-LEVEL REVITALIZATION FORUM

CONTINUATION OF PHASE II

ADDENDUM TO THE AGREEMENT ON THE CESSATION OF HOSTILITIES, PROTECTION OF CIVILIANS AND HUMANITARIAN ACCESS

Part I

Whereas on 21 December 2017, the Parties signed the Agreement on the Cessation of Hostilities, Protection of Civilians and Humanitarian Access ("the CoH Agreement") as part of the efforts to revitalise the implementation of the Agreement on the Resolution of the conflict in the Republic of South Sudan (ARCSS) and in particular to return to a Permanent Ceasefire between the warring parties;

Recalling that the ARCSSS provided for the establishment of a Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) to monitor the processes of the Permanent Ceasefire, and that the Mechanism has already been operationalized;

Considering the need for effective monitoring of the CoH Agreement, by a mechanism in which all the signatories of the Agreement can participate and through which they can be held accountable;

Recognising that the CTSAMM can play a critical role in monitoring the 'CoH Agreement, and in promoting the full implementation of that Agreement, and fostering confidence in the Parties;

The Parties Agree as follows:

Article 1

Incorporation of Provisions of ARCSS

1.1 The provisions of Chapter 2 on Permanent Ceasefire and Transitional Security Arrangements, of the ARCSS, which are set out in Part Il below are hereby incorporated into the CoH Agreement, and shall become operational in line with the provisions of this Addendum.

1.2 The provisions are:

Article 4.1, 4.2, and 4.3.of Chapter 2, ARCSS.

Article 2

Monitoring Mechanism

2.1. The Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) shall be fully operationalized to support the monitoring of the CoH Agreement.

2.2. Within two weeks of the signing of this Addendum, the Board of the CTSAMM shall be established and operationalized in accordance with the provisions in Part Ill of this Addendum.

2.3. Within one week of the signing of this Addendum, CTSAMM shall hold a workshop with the parties in Addis Ababa to finalize the participation of the parties into the CTSAMM sub-bodies and to determine the functions and locations of the sub-bodies.

Part II

PROVISIONS OF THE ARCSS FOR OPERATIONALIZATION

Chapter II, Permanent Ceasefire:

Art. 4: Ceasefire and Transitional Security Arrangements (CTSAMM)

4.1. Upon entry into force of the Permanent Ceasefire the current Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) shall be restructured and reconstituted in accordance with article 11.1 of COHA of 21 December 2017 and shall be responsible for reporting on the progress of the implementation of the Permanent Ceasefire and Transitional Security Arrangements (PCTSA). (See Appendix Il Diagram: Ceasefire Institutions Diagram).

4.2. The restructured and reconstituted CTSAMM, including the national monitors, shall be responsible for monitoring compliance and reporting directly to IGAD Council of Ministers and the Joint Monitoring and Evaluation Commission (JMEC) on the progress of the implementation of the PCTSA and shall last for the duration of the Transitional Period. CTSAMM shall be meeting in Juba*' during the Transitional Period. It shall consist of a Board and Secretariat, both of which are chaired by a representative of IGAD. (See Annex: CTSAMM diagram.)

4.3 The restructured and reconstituted CTSAMM Board membership shall comprise of the representatives of:

4.3.1. Three each from the warring parties (3 x 9);

4.3.2. Former Detainees: one (1);

4.3.3. Other Political Parties: three (3);

4.3.4. Women's bloc: one (1) and other women: one (1);

4.3.5. CSOs: two (2), including one woman;

4.3.6. Youth: two (2);

4.3.7. Business Community: one (1);

4.3.8. Academia: one (1);

4.3.9. Eminent personalities: one (1);

4.3.10. IGAD: three (3);

4.3.11. AU: one (1);

4.3.12. China: one (1);

4.3.13. Troika (United States, United Kingdom, Norway): one (1);

4.3.14. UNMISS: one (1);

4.3.15. IPF: one (1);

4.3.16. EU: one (1).

LIST OF INITIALLING PARTIES FOR ENDORSED PROVISIONS

SECOND PHASE OF HLRF

Addis Ababa, 22 May 2018

I. THE PARTIES:

Hon. Nhial Deng Nhial

TGoNU Head of Delegation

Gen. Thomas Cirilo Swaka

NAS Head of Delegation

Dr Lam Akol Ajawin

NDM Head of Delegation

Hon. Henry Dilah Odwar

SPLM/A -10 Head of Delegation

Hon. Pagan Amun Okiech

For the SPLM - FDs

Hon. Gabriel Changson Chang

FDP/SSAF Head of Delegation

Mr Denay Chagor

SSUM Head of Delegation

Col. Joseph Bangasi Bakosoro

SSNMC Head of Delegation

Dr Hakim Dario

PDM Head of Delegation

Hon Stewart Sorobo Budia

UDP Head of Delegation

Hon. Ustaz Joseph Ukel Abango

USAP Representative

Mr Hussein Abdelbagi Akol

SSPM Head of Delegation

Peter GatKroth Note:

This signature was in the place of this name

Gen. Bapiny Montul

SSLM Head of Delegation

Hon Kornelio Kon Ngu

National Alliance Political Parties

Hon. Peter Mayen Majongdit

Umbrella Parties, Head of Delegation

Hon. Wilson Lodiong Sebit

ANC Representative

Hon. Martin Tako Moyi

UDS Representative

II. STAKEHOLDERS:

Bishop Emeritus Enock Tombe Stephen Loro

Faith Based Leader

Prof. Moses Macar Kacuol

Eminent Persons

Dr Koiti Emmily

Representative of Youth of South Sudan

Mr Simon Akuei Deng

Representative of Business Community of South Sudan

Sheik Mohamed Hassan Morjan

Faith Based Leader

Mrs.Amer Manyok Deng, Representative of Women's Bloc of South Sudan

Hon. Alokir Malual Aguer

Representative of Civil Society of South Sudan

Mr Akouch Nyanhom

Representative of Civil Society Alliance

Prof. Pauline Elaine Riak

Representative of Academia

Mr Biel Boutros Biel

Civil Society Delegate

Mr Edmund Yakani

Civil Society Delegate

Madam Rebecca Garang

Ms Rita M. Lopidia,

Civil Society Delegate

Mr Rajab John Simon Mohandis

Civil Society Delegate

Ms Sarah Nyanath Elijah

Civil Society Delegate

Mr Alikaya Aligo Samson

Concerned South Sudanese

III. THE GUARANTORS:

A) IGAD Heads of State and Government

Addendum to the Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access

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