Agreement between the Government of the Republic of South Sudan (GRSS) and the South Sudan Democratic Movement/Army (SSDM/A)

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement between the Government of the Republic of South Sudan (GRSS) and the South Sudan Democratic Movement/Army (SSDM/A)
Date: 27 Feb 2012
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: The Government of the Republic of South Sudan (GRSS) and the South Sudan Democratic/Army (SSDM/A)
Third parties: -
Description: Short agreement providing provisions for a ceasefire, power-sharing, military integration, amnesty, disarmament, reparations, release of detainees and implementation modalities.

Agreement document: SS_120227_AgreementGRSS-SSDMA.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

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

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, 3: Political Representation of SSDM/A in GRSS, Article a.
GRSS has recognized the right of SSOM/A to have appropriate political representation in its institutions at the National and State levels;

Page 1, 3: Political Representation of SSDM/A in GRSS, Article b.
The Parties have agreed to representation of SSDM/A at the National level as follows:
• 1 Advisor
• 3 Senior Civil Servants

Page 1-2, 3: Political Representation of SSDM/A in GRSS, Article c.
The Parties have agreed to representation of SSDM/A at the States level as follows:
i. Upper Nile State: 1 Advisor, 3 Civil Servants
ii. Jonglei State
• 1 Advisor
• 4 senior civil servants
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 1, 3: Political Representation of SSDM/A in GRSS, Article b.
The Parties have agreed to representation of SSDM/A at the National level as follows:
• 1 Advisor
• 3 Senior Civil Servants

Page 1-2, 3: Political Representation of SSDM/A in GRSS, Article c.
The Parties have agreed to representation of SSDM/A at the States level as follows:
i. Upper Nile State: 1 Advisor, 3 Civil Servants
ii. Jonglei State
• 1 Advisor
• 4 senior civil servants
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Preamble, Article v.
The Interim Constitution of the Republic of South Sudan provides valuable guiding principles as a basis for the realization of this objective.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Sub-state level
Page 1-2, 3. Political Representation of SSDM/A in GRSS
a. GRSS has recognized the right of SSOM/A to have appropriate political representation in its institutions at the National and State levels;

b. The Parties have agreed to representation of SSDM/A at the National level as follows:
- 1 Advisor
- 3 Senior Civil Servants

Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: ii. Follow-up on the GRSS appointment of SSOM/A positions at National and State levels within maximum of 30 days;

Summary: substate level power sharing is provided, see below.

Page 1, 3: Political Representation of SSDM/A in GRSS, Article a.
GRSS has recognized the right of SSOM/A to have appropriate political representation in its institutions at the National and State levels;

Page 1-2, 3: Political Representation of SSDM/A in GRSS, Article c.
The Parties have agreed to representation of SSDM/A at the States level as follows:
i. Upper Nile State: 1 Advisor, 3 Civil Servants
ii. Jonglei State
• 1 Advisor
• 4 senior civil servants
Power sharing→Political power sharing→Other proportionality
State level
Sub-state level
Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee immediately after the signing and announcement of this agreement and comprised total of seven (7) members from the two Parties, four (4) from the GRSS and three (3) from SSOM/A.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Summary: the agreement provides for political power-sharing at the state level, see below.

Page 1, 3: Political Representation of SSDM/A in GRSS, Article a.
GRSS has recognized the right of SSOM/A to have appropriate political representation in its institutions at the National and State levels;

Page 1-2, 3: Political Representation of SSDM/A in GRSS, Article c.
The Parties have agreed to representation of SSDM/A at the States level as follows:
i. Upper Nile State: 1 Advisor, 3 Civil Servants
ii. Jonglei State
• 1 Advisor
• 4 senior civil servants
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 2, 4: Military Integration of SSDM/A forces into the SPLA, Article a.
The Parties have agreed that One thousand Eight hundred South Sudan Democratic Armed Forces (1,800SSDA) will be integrated into the SPLA, subject to the verification of forces in the Assembly Areas, by a Verification Committee composed of both Parties,

Page 3, 9:Implementation Modalities, Article a. ... (iii) ... (v)
The Parties have agreed to appoint a Joint Oversight Committee immediately after the signing and announcement of this agreement and comprised total of seven (7) members from the two Parties, four (4) from the GRSS and three (3) from SSOM/A. its duties shall be as follows:
iii. Determine the Assembly Areas for the integration of the SSDM/A forces within 15 days;
v. Oversee the integration of the SSDM/A forces into the SPLA according to the agreed timetable: maximum 30 days for the appointment and maximum 60 days for the confirmation of their ranks;
Power sharing→Military power sharing→Joint command structures
Page 2, 4: Military Integration of SSDM/A forces into the SPLA, Article b.
The number of Officers to be commissioned will be determined according to the number of forces verified in the Assembly Areas;

Page 2, 4: Military Integration of SSDM/A forces into the SPLA, Article c.
The appointment shall be within 30 days after the signing of this Agreement;

Human rights and equality

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

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 4, 10. Promotion of further dialogue: a. In line with the commitment of both parties to sustainable peace throughout all areas of South Sudan, the Parties have agreed that they may engage other armed groups outside the SSDM/A who may be willing to enter into new agreements.
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 2-3, 7. Compensation and Reparations:
... b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of:

i. Humanitarian Relief and Assistance;
ii. Health
iii. Education; and
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 2-3, 7. Compensation and Reparations:
... b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of:

i. Humanitarian Relief and Assistance;
...

Page 3, 7. Compensation and Reparations:
... b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of:
i. Humanitarian Relief and Assistance;

Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: ix. Monitor the provision of the above stated humanitarian assistance and social services to conflict affected areas;
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 2-3, 7. Compensation and Reparations:
... b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of:

iv. Infrastructure support, including boreholes, to these areas.
National economic plan: No specific mention.
Natural resources: Page 2-3, 7. Compensation and Reparations: b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of: iv. Infrastructure support, including boreholes, to these areas.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: Page 2, 7: Compensation and Reparations, Article b.
Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of:
i. Humanitarian Relief and Assistance;
ii. Health
iii. Education;
and iv. Infrastructure support, including boreholes, to these areas

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 1, 1. Cease-fire arrangements: a. The Parties have agreed to declare a fully-fledge cease-fire which enters into force upon the signing of this Agreement.

Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: iii. Oversee the implementation of cease-fire modalities;
Police: No specific mention.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 2, 4: Military Integration of SSDM/A forces into the SPLA, Article a.
The Parties have agreed that One thousand Eight hundred South Sudan Democratic Armed Forces (1,800SSDA) will be integrated into the SPLA, subject to the verification of forces in the Assembly Areas, by a Verification Committee composed of both Parties,

Page 2, 4: Military Integration of SSDM/A forces into the SPLA, Article b.
The number of Officers to be commissioned will be determined according to the number of forces verified in the Assembly Areas;

Page 2, 4: Military Integration of SSDM/A forces into the SPLA, Article c.
The appointment shall be within 30 days after the signing of this Agreement;

Page 2, 5: Assembly Areas, Article a.
The assembly Areas shall be determined by the Joint Oversight Committee, the Areas shall be in northern Jonglei State and accessible throughout the year.
Page 2, 6. Disarmament: a. The Parties agreed to a joint Disarmament programme as agreed by the JOC.

Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: vii. Define the terms of the Disarmament programme;
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, 4. Military Integration of SSDM/A forces into the SPLA:
a. The Parties have agreed that One thousand Eight hundred South Sudan Democratic Armed Forces (1,800SSDA) will be integrated into the SPLA, subject to the verification of forces in the Assembly Areas, by a Verification Committee composed of both Parties,

b. The number of Officers to be commissioned will be determined according to the number of forces verified in the Assembly Areas;

c. The appointment shall be within 30 days after the signing of this Agreement;

9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: v. Oversee the integration of the SSDM/A forces into the SPLA according to the agreed timetable: maximum 30 days for the appointment and maximum 60 days for the confirmation of their ranks;
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 1, 2. Amnesty: a. The Parties have agreed for a renewed amnesty for the SSOM/A group.

Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: viii. Monitor the implementation of the amnesty to the SSDM/A group;
Courts: No specific mention.
Mechanism: Page 2-3, 7. Compensation and Reparations: a. The Parties have recognized the impact of the conflict on the civilian population, particularly in the following areas: Khorflus, Fangak, Ayod, Panyakang, Fashoda, Manyo, Pibor, Mayom, Uror and Pariang;

b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of:

i. Humanitarian Relief and Assistance;
ii. Health
iii. Education; and
iv. Infrastructure support, including boreholes, to these areas.
Prisoner release: Page 3, 8. Release of political detainees and prisoners of war: a. The Parties have agreed that all political detainees and prisoners of war will be released Immediately, subject to the submission of the list of the Joint Oversight Committee.

Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: xi. Oversee the immediate release of political detainees and prisoners of war;
Vetting: No specific mention.
Victims: Page 2, 7: Compensation and Reparations, Article a.
The Parties have recognized the impact of the conflict on the civilian population, particularly in the following areas: Khorflus, Fangak, Ayod, Panyakang, Fashoda, Manyo, Pibor, Mayom, Uror and Pariang;
Missing persons: No specific mention.
Reparations: Transitional justice→Reparations→Material reparations
Page 2-3, 7. Compensation and Reparations:
a. The Parties have recognized the impact of the conflict on the civilian population, particularly in the following areas: Khorflus, Fangak, Ayod, Panyakang, Fashoda, Manyo, Pibor, Mayom, Uror and Pariang;

b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service delivery in the form of:
i. Humanitarian Relief and Assistance;
ii. Health
iii. Education; and
iv. Infrastructure support, including boreholes, to these areas.
Reconciliation: Page 1, Preamble, Article iv.
The Parties have agreed on the need for the peoples of South Sudan to join together in the peaceful development of their country;

Page 3, 7. Compensation and Reparations: c. The Parties recognizes the importance of reconciliation of conflict affected communities in South Sudan, especially In the above areas, for the prevention of further conflict and their sustainable peaceful development;

d. Therefore, the Parties commit to actively promote reconciliation activities to address outstanding grievances in these areas.

Page 3, 9. Implementation Modalities: a. The Parties have agreed to appoint a Joint Oversight Committee ... its duties shall be as follows: x. Through the parties, will also actively engage and promote reconciliation activities In the above mentioned conflict affected areas in coordination with other key actors in South Sudan;

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 3, 9. Implementation Modalities, b. UNMISS will provide support to the implementation of this Agreement as per their mandate.
Enforcement mechanism: Page 3, 9. Implementation Modalities:
a. The Parties have agreed to appoint a Joint Oversight Committee immediately after the signing and announcement of this agreement and comprised total of seven (7) members from the two Parties, four (4) from the GRSS and three (3) from SSOM/A. ... its duties shall be as follows:
i. Supervise the implementation of this Agreement;
ii. Follow-up on the GRSS appointment of SSOM/A positions at National and State levels within maximum of 30 days;

Page 4, 11. Breach of the Agreement
In the event of a substantial breach of any part of this Agreement, which cannot be resolved within the JOC, either Party may refer such a breach to the attention of their principles; if not resolved, 1t can be referred to the plenary group that conducted and supported the negotiation of this Agreement.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SD-SS_120227_AgreementGRSS-SSDMA.pdf

Agreement Between the Government of the Republic of South Sudan (GRSS) and the South Sudan Democratic Movement/ Army (SSDM/A)

Preamble

i. The Parties to this Agreement, the Government of the Republic of South Sudan (GRSS) and the South Sudan Oemocratic/Army (SSOM/A) have agreed to come to negotıatıons in Juba.

ii. Both Parties commıt to make the necessary compromises to reach an agreement;

iii. The Parties pledge themselves to promote ali necessary confıdence building measures including full commitmenl to the impleme n tat ı on of this Agreement;

iv. The Parties have agreed on the need for the peoples of South Sudan to joın together in the peaceful development of their country;

v. The lnterim Constitution of the Republic of South Sudan provides valuable guiding principles as a basis far the realization of this ob1ective.

ı . Cease-fire arrangements

a. The Parties have agreed to declare a fully-fledge cease-fire which enters into force upon the signing of this Agreement.

2. Amnesty

a. The Parties have agreed fora renewed amnesty for the SSOM/A group.

3. Polltical Representatlon of SSDM/A in GRSS

a. GRSS has recognized the right of SSOM/A to have appropriate polıtıcal representation in its ınstitutıon s at the National and State levels;

b. The Parties have agreed to representation of SSDM/A at the National level as follows:

• 1 Advisor

• 3 Senior Civil Servants

c. The Parties have agreed to representation of SSDM/A at the States level as follows:

i. Upper Nile State:

1 Advisor

3 Civil Servants

ii. Jonglei State

• 1 Advlsor

• 4 senior civil servants

4. Mllitary lntegration of SSDM/ A forces into the SPLA

a. The Parties have agreed that One thousand Eight hundred South Sudan Democratic Armed Forces (1,800SSDA) will be integrated into the SPLA, subject to the verificatıon of forces in the Assembly Areas, by a Verifıcat ion Committee composed of both Parties,

b. The number of Officers to be commissloned will be determined according to the number of forces verified in the Assembly Areas;

c. The appointment shall be within 30 days after the signing of this Agreement;

5. Assembly Areas

a. The assembly Areas shall be determıned by the Joint Oversight Committee, the Areas shall be in northern Jonglei State and accessible throughout the year.

6. Disarmament

a. The Parties agreed to a joint Oısarmament programme as agreed by the JOC.

7. Compensatlon and Reparations

a. The Parties have recognized the impact of the conflict on the civilian population, particularly in the following areas:

Khorflus, Fangak, Ayod, Panyakang, Fashoda, Manyo, Pibor, Mayom, Uror and Pariang;

b. Therefore, they have agreed that the GRSS will provide compensation and reparations through social service dellvery in the form of:

i. Humanitarian Relief and Assistance;

ii. Health

iii. Education;

and

iv. lnfrastructure support, including boreholes, to these areas.

c. The Parties recognizes the importance of reconciliation of conflict affected communlties in South Sudan, especially in the above areas, for the prevention of further conflict and theır sustainable peaceful development;

d. Therefore, the Parties commit to actively promote reconciliation activlties to address outstanding grievances in these areas.

8. Release of politlcal detainees and prlsoners of war

a. The Parties have agreed that all politıca l detainees and prisoners of war will be released lmmedlately, subject to the submission of the list of the Joint Oversight Committee.

9. ımplementatlon Modalities

a. The Parties have agreed to appoint a Jojnt Oversight Committee immediately after the sıgning and announcement of this agreement and comprised total of seven (7) members from the two Parties, four (4) from the GRSS and three (3) from SSDM/A. its duties shall be as follows:

i. Supervise the implementation of this Agreement;

ii. Follow-up on the GRSS appointment of SSOM/A positions at National and State levels within maximum of 30 days;

iii. Determine the Assembly Areas for the integration of the SSDM/A forces wlthin ıs days;

iv. Monitor the work of the Joint Verification Committee;

v. Oversee the integration of the SSDM/A forces into the SPLA according to the agreed timetable:

maximum 30 days for the appointment and maximum 60 days for the confırmation of their ranks;

vi. Oversee the implementation of cease-flre modalities;

vii. Define the terms of the Disarmament programme;

viii.

Monitor the implementation of the amnesty to the SSDM/ A group;

ix. Monitor the provision of the above stated humanitarlan assistance and social services to conflict affected areas;

x. Through the partles, will also actively engage and promote reconciliation actlvıtles in the above mentioned conflict affected areas in coordination with other key actors in South Sudan;

xi. Oversee the immediate release of political detainees and prisoners of war;

b. UNMISS will provide support to the implementation of this Agreement as per their mandate.

10. Promotlon of further dialogue

a. in line with the commitment of both parties to sustainable peace throughout all areas of South Sudan, the Parties have agreed that they may engage other armed groups outside the SSDM/A who may be willing to enter into new agreements.

11. Breach of the Agreement in the event of a substantial breach of any part of this Agreement, which cannot be resolved within the JOC, either Party may refer such a breach to the attention of their principles;

if not resolved, ıt can be referred to the plenary group that conducted and supported the negotlation of this Agreement.

12. Entry into Force of this Agreement

a. This Agreement shall enter into force from the day of signing of the Agreement.

Signed this_ __~_ *_ _____ day of February 2012

Signed for the Government of Republic of South Sudan (GRSS)

Signed for the South Sudan Democratic Movement/Army (SSDM/A)