Agreement on Outstanding issues of Governance

Country/entity
South Sudan
Region
Africa (excl MENA)
Agreement name
Agreement on Outstanding issues of Governance
Date
05/08/2018
Agreement status
Multiparty signed/agreed
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. Post independence, conflict broke out between groups in South Sudan and agreements were reached addressing this conflict.

Sudan Conflicts (1955 - ) )
Stage
Framework/substantive - partial (Multiple issues)
Conflict nature
Government
Peace process
116: South Sudan post-secession process
Parties
For Incumbent TGonu
H.E. Salva Kiir Mayardit
President of the Republic of South Sudan

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

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

Agreement document
SS_180508_Agreement on Outstanding Issues of Governance..pdf

Agreement document (original language)
SS_180508_Agreement on Outstanding Issues of Governance.pdf

Main category
Page 2, 1. The Presidency
1.2. During the Transitional Period there shall be four Vice Presidents of the Republic of South Sudan who shall be nominated as follows:

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

Page 2, 1. The Presidency
1.5. The First Vice President and Vice Presidents shall oversee respectively the following Cabinet Clusters:

(e) Vice President: Gender and Youth Cluster

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

Pages 4-5, 3. The Transitional National Legislature
3.3. The Speaker of the TNLA shall be nominated by the Incumbent TGoNU. One Deputy Speaker shall be nominated by SPLM/A-IO; another, who shall be a women, shall be nominated by the Incumbent TGoNU; and a third Deputy Speaker to nominated by OPP.

3.5. Without prejudice to the recommendations of the IBC, the Speaker of the Council of States shall be from SPLM-IO, Deputy Speaker from the TGoNU, who shall be a woman, and Deputy Speaker from SSOA. For the purpose of regional
inclusivity required in a body representing the States, each of the Speaker and Deputy Speakers shall come from a different region.

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

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

Women, girls and gender

Participation
Gender quotas
Page 2, 1. The Presidency
1.2. During the Transitional Period there shall be four Vice Presidents of the Republic of South Sudan who shall be nominated as follows:

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

Pages 4-5, 3. The Transitional National Legislature
3.3. The Speaker of the TNLA shall be nominated by the Incumbent TGoNU. One Deputy Speaker shall be nominated by SPLM/A-IO; another, who shall be a women, shall be nominated by the Incumbent TGoNU; and a third Deputy Speaker to nominated by OPP.

3.5. Without prejudice to the recommendations of the IBC, the Speaker of the Council of States shall be from SPLM-IO, Deputy Speaker from the TGoNU, who shall be a woman, and Deputy Speaker from SSOA. For the purpose of regional
inclusivity required in a body representing the States, each of the Speaker and Deputy Speakers shall come from a different region.

Page 10, 6. General Provisions
6.4. Provisions of the Transitional Constitution of the Republic of South Sudan and ARCSS on participation of women (35%) in the Executive shall be observed. In particular, in their nomination to the Council of Ministers Incumbent TGoNU shall nominate no fewer than six (6) women, SPLM-IO shall nominate no fewer than three (3) women, and SSOA shall nominate no less than one (1) woman.
Effective participation
Page 10, 6. General Provisions
6.6. In selecting their nominees, the Parties shall give due consideration to national diversity, gender and regional representation.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
No specific mention.
New institutions
Institutions for women
Page 2, 1. The Presidency
1.5. The First Vice President and Vice Presidents shall oversee respectively the following Cabinet Clusters:

(e) Vice President: Gender and Youth Cluster

Pages 2, 1. The Presidency
2. The Revitalized TGoNU 2.1. The Council of Ministers shall comprise thirty five (35) Ministries that shall be organized in the abovementioned five (5) Clusters.
2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and Social Welfare; Culture and Heritage, Youth, and Sports; and any other appropriate Ministry of the five new Ministries.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh