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

  • 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 - ) )
  • 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.


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)