Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)

Country/entity
South Sudan
Region
Africa (excl MENA)
Agreement name
Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)
Date
12/09/2018
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 - comprehensive (Agreement)
Conflict nature
Government
Peace process
116: South Sudan post-secession process
Parties
H.E. Salva Kiir Mayardit
President of the Republic of South Sudan for the Incumbent TGoNU

H.E. Dr Riek Machar Teny
Chairman and Commander in Chief of the SPLM/SPLA-IO

Hon. Deng Alor Kuol
For SPLM-Former Detainees

Hon. Gabriel Changson Chang
For the South Sudanese Opposition Alliance

For Other Political Parties (OPP) of South Sudan

Hon. Peter Mayen Majongdit
For Umbrella of Political Parties

Hon. Kornello Kon Ngu
For National Alliance of Political Parties

Hon. Utaz Joseph Ukel Abango
For United South African Party (USAF)

Hon. Peter Martin Toko Moyi
For United Democratic Salvation Front

Hon. Steward Sorobo Budia
For United Democratic Party

Hon. Wilson Lionding Sabit
For African National Congress (ANC)

Third parties
Stakeholders

Bishop Emeritus Enock Tombe Loro
Faith Based Leader

Sheik Mohamed Hassa Morjan
Faith Based Leader

Prof Mises Machar
For Eminent Personality

Prof Francis Deng
Prof Eminent Personality

Ms. Mary Akech Bior
For Women’s Bloc

Hon. Rebecca Nyadeng Garang
Eminent Personalities

Mr Simon Akuei Deng
For Business Community

Ms Rita M. Lopidia
For Women Coalition

Ms Alokiir Malual
For Civil Society of South Sudan

Prof Pauline Elaine Riak
For Academia

Dr Koiti Emmily
For Youth Representative

Mr Biel Boutros Biel
Civil Society Delegate

Mr Alikayo Aligo Samsom
For Concerned Citizen

Mr Rajab H. Simon Mohandis
Civil Society Delegate

Mr Edmund Yakano
Civil Society Delegate

Ms Sarah Nyanath Elijah
For Gender Empowerment for South Sudan Organisation

Shiek Vitale Aligo Samson
For South Sudan Civil Society Alliance

The Guarantors
A) IGAD Heads of State and Government
H.E. Dr Abiy Ahmed
Prime Minister of the Federal Democratic
Republic of Ethiopia and Chair of IGAD

H.E. Yoweri Kaguta Museveni
President of the Republic of Uganda

H.E. Omar Hassan Ahmed Al-Bashir
President of the Republic of Sudan

H.E. Ismail Omar Guelleh
President of the Republic of Diijbouti

H.E. Mohammed Abdullahi Mohamed
President of the Federal Government of Somalia

H.E. Uhuru Kenyatta
President of the Republic of Kenya and Rapporteur of IGAD


B) African Union High Level Ad-hoc Committee for South Sudan and African Union Commission
For the People’ Democratic Republic of Algeria
For the Republic of Chad
For Federal Republic of Nigeria
For the Republic of Rwanda
For the Republic of South Africa
For the Chairperson of the African Union Commission

C) For the IGAD led Mediation
H.E. Amb. Dr Ismail Walis
IGAD Special Envoy for South Sudan

H.E. Al-Dirdiery Mohamed Ahmed
Minister for Foreign Affairs, Republic of Sudan

D) International Parties as witnesses
Representative of the Peoples Republic of China
Representative of the TROIKA (USA, UK and Norway)
Representative of the European Union
Representative of the United Nations
Representative of the IGAD Partners Forum (IPF)


Description
A comprehensive agreement aiming to 'revitalise' the earlier transitional agreement, which in-essence sets out a revised comprehensive framework for the transition from conflict.

Agreement document
SS_180912_Revitalised Agreement on the Resolution of the Conflict.pdf

Main category
Page 5, Chapter 1
1.4.4. 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/ A-IO shall nominate no fewer than three (3) women, and SSOA shall nominate· no less than one (1) woman.

1.4.6. In selecting their nominees, Parties shall give due consideration to national diversity, gender and regional representation.
Page 7, chapter 1
1.5.2.4. Vice President to be nominated by FDs, who shall be a woman.
Page 12, Chapter 1
1.8.2.6.4. Gender and Youth Cluster (Vice . President nominated by FDs).
Page 20, Chapter 1
1.14. The Transitional National Legislative Assembly and the Council of States
1.14.3. 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 woman, shall be nominated by the Incumbent TGoNU; and a third Deputy Speaker to be nominated by OPP.

Page 21, Chapter 1
1.14.5. Without prejudice to the recommendations of the IBC, the Speaker of the Council of States shall be nominated by SPLM/ A-IO, Deputy Speaker shall be nominated by Incumbent TGoNU, and shall be a woman, and Deputy Speaker shall be nominated by. SSOA. For the purpose of regional inclusivity required in a body representing the States, each of .the Speaker and Deputy Speakers shall come from former regions.

Page 27, Chapter 1
1.18.4. The reconstituted NCAC shall be composed of fifteen (15) members nominated as follows: TGoNU: five (05); SPLM/ A-IO: two (02); SSOA: one (01); FDs: one (Ol); OPP: one (01); Representatives of IGAD: two (2) - Chair and Deputy Chair; Civil Society: one (01); Women (01); and Youth: one (01).
Page 32, Chapter 2,

2.1.10. The Parties shall refrain from prohibited actions outlined in the Co HA of
21st December 2017, which inter-alia include but are not limited to:



2.1.10.2. acts and forms of sexual and gender-based violence, including sexual exploitation and harassment;

2.1.10.3. recruitment and/ or use of child soldiers · by armed forces or militias in contravention of international conventions;

2.1.10.4. offensive, provocative or retaliatory actions such as dissemination of hostile propaganda, recruitment, mobilization, redeployment and movement of forces, except for administrative and logistical movements allowed under CoHA of 21st December 2017, which shall be reported to the CTSAMVM prior to movements, and any other activities that may jeopardize this Agreement…

Page 33, Chapter 2
2.1.10.7. The Parties shall adhere to the obligations outlined in the CoHA of 21st December 2017, which inter-alia include but are not limited to:

2.1.10.7.5. protection of the needs of women, girls and those of other groups with special needs;

Page 38, 2.4.8. The CTSAMVM Board membership shall comprise the representatives of:
2.4.8.4. Women's bloc: one (1) and Other Women groups: one (l);


Page 49, Chapter 4

4.4. · Anti-Corruption Commission
4.4.1. In order to fight corruption, the RTGoNU shall:
4.4.1.5. involve media, civil society, women's organizations, youth and faith leaders in policy advocacy against corruption and raising public awareness to strengthen capacity of the public to resist and prevent corruption;

Page 60, chapter 4

4.15.1.5 establish a Women Enterprise Development Fund for provision of subsidized credit for women-based enterprise development and capacity building of women entrepreneurs;

Page 62, chapter 5
5.1. Agreed Principles for Transitional Justice
5.1.1. Upon establishment, the RTGoNU shall initiate legislation for the establishment of the following transitional justice institutions (observe the 35% women representations in these institutions):
Page 63, chapter 5
Such consultations shall ensure that the experiences of women, men, girls and boys are sufficiently documented and the findings of such consultations incorporated in the resultant legislation.
5.2.2.3.5. record the experiences of victims, including but not limited to women and girls;
Page 64, chapter 5
5.2.2.4. The CTRH shall issue quarterly progress reports updating the RTGoNU on its progress in meeting its objectives. The CTRH shall make sustained efforts to publicly and regularly inform and involve the people of South Sudan in all its tasks and activities and be responsible for carrying out public education, awareness-raising and civic engagement activities to inform the public, in particular with youth and women, about the Commission's work, and solicit continuous feedback.
Page 65, chapter 5
5.2.3.2. The CTRH shall be composed of seven (7) Commissioners, four (4) of whom shall be South Sudanese nationals, including two (2) women.
The remaining three (3) Commissioners shall be from other African countries, of whom at least one (1) shall be a woman. The CTRH shall be chaired by a South Sudanese national, deputised by a non-South Sudanese national.
Page 66, chapter 5
5.2.4. Rights of Victims and Witnesses
5.2.4.1. The CTRH shall implement measures to protect victims and witnesses, in particular, youth, women and children. Such protection measures shall include, but shall not be limited to the conduct of in camera proceedings and the protection of the identity of a victim or witness.
Page 67, chapter 5
5.3.2.1.4. Other serious crimes under international law and relevant laws of the Republic of South Sudan including gender based crimes and sexual violence.
Page 69, chapter 5
5.4.2. The CRA:
5.4.2.1. Shall be run by an executive body to be chaired by an Executive Director appointed by the RTGoNU.
5.4.2.2. Shall be composed of an Executive body that shall include but not limited to:
5.4.2.2.2. Representatives of CSOs, Women groups, Faith-based leaders, Business Community, youth and traditional leaders;

Page 71, chapter 6
6.2.2. Initiate a Federal and democratic system of government that reflects the character of South Sudan in its various institutions taken together, guarantees good governance, constitutionalism, rule of law, human rights, gender equity and affirmative action;
Page 72, chapter 6
6.6. The Executive of the Revitalized TGoNU after adequate consultations with all stakeholders including the political parties, Civil Society Organizations, Women groups, youth and Faith-based groups, shall reconstitute the National Constitutional Review Commission (NCRC) and appoints a preparatory subcommittee for convening a National Constitutional Conference (NCC) in accordance with the Act governing the constitution making process;
Page 74
7.2.2.2. Women - two (2) representatives [Women's bloc- one (1) and Women's Coalition - one (1)];
7 .2.2.5. Business groups - two (2) representatives (one male, onefemale);

Women, girls and gender

Participation
Gender quotas
Page 5, Chapter 1
1.4.4. 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/ A-IO shall nominate no fewer than three (3) women, and SSOA shall nominate· no less than one (1) woman.

1.4.6. In selecting their nominees, Parties shall give due consideration to national diversity, gender and regional representation.

Page 62, chapter 5
5.1. Agreed Principles for Transitional Justice
5.1.1. Upon establishment, the RTGoNU shall initiate legislation for the establishment of the following transitional justice institutions (observe the 35% women representations in these institutions):
Effective participation
Page 7, chapter 1
1.5.2.4. Vice President to be nominated by FDs, who shall be a woman.

Page 12, Chapter 1
1.8.2.6.4. Gender and Youth Cluster (Vice President nominated by FDs).

Page 20, Chapter 1
1.14. The Transitional National Legislative Assembly and the Council of States
1.14.3. 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 woman, shall be nominated by the Incumbent TGoNU; and a third Deputy Speaker to be nominated by OPP.


Page 21, Chapter 1
1.14.5. Without prejudice to the recommendations of the IBC, the Speaker of the Council of States shall be nominated by SPLM/ A-IO, Deputy Speaker shall be nominated by Incumbent TGoNU, and shall be a woman, and Deputy Speaker shall be nominated by SSOA. For the purpose of regional inclusivity required in a body representing the States, each of .the Speaker and Deputy Speakers shall come from former regions
Other
Page 38, 2.4.8. The CTSAMVM Board membership shall comprise the representatives of:
2.4.8.4. Women's bloc: one (1) and Other Women groups: one (l);


Page 49, Chapter 4

4.4. Anti-Corruption Commission
4.4.1. In order to fight corruption, the RTGoNU shall:
4.4.1.5. involve media, civil society, women's organizations, youth and faith leaders in policy advocacy against corruption and raising public awareness to strengthen capacity of the public to resist and prevent corruption;
Equality
Equality (general)
Page 71, chapter 6
6.2.2. Initiate a Federal and democratic system of government that reflects the character of South Sudan in its various institutions taken together, guarantees good governance, constitutionalism, rule of law, human rights, gender equity and affirmative action;
Social equality
Page 60, chapter 4

4.15.1.5 establish a Women Enterprise Development Fund for provision of subsidized credit for women-based enterprise development and capacity building of women entrepreneurs;
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 67, chapter 5
5.3.2.1.4. Other serious crimes under international law and relevant laws of the Republic of South Sudan including gender based crimes and sexual violence.
New institutions
No specific mention.
Violence against women
Sexual violence
Page 32, Chapter 2,
2.1.10. The Parties shall refrain from prohibited actions outlined in the Co HA of
21st December 2017, which inter-alia include but are not limited to:

2.1.10.2. acts and forms of sexual and gender-based violence, including sexual exploitation and harassment;

Page 67, chapter 5
5.3.2.1.4. Other serious crimes under international law and relevant laws of the Republic of South Sudan including gender based crimes and sexual violence.
Gender-based violence/VAW (general)
Page 32, Chapter 2,
2.1.10. The Parties shall refrain from prohibited actions outlined in the Co HA of
21st December 2017, which inter-alia include but are not limited to:

2.1.10.2. acts and forms of sexual and gender-based violence, including sexual exploitation and harassment;

Page 63, chapter 5
5.2.2.3.5. record the experiences of victims, including but not limited to women and girls;

Page 67, chapter 5
5.3.2.1.4. Other serious crimes under international law and relevant laws of the Republic of South Sudan including gender based crimes and sexual violence.
Protection (general)
Page 33, Chapter 2
2.1.10.7. The Parties shall adhere to the obligations outlined in the CoHA of 21st December 2017, which inter-alia include but are not limited to:

2.1.10.7.5. protection of the needs of women, girls and those of other groups with special needs;
Transitional justice
Past and gender
Page 65, chapter 5
5.2.3.2. The CTRH shall be composed of seven (7) Commissioners, four (4) of whom shall be South Sudanese nationals, including two (2) women.
The remaining three (3) Commissioners shall be from other African countries, of whom at least one (1) shall be a woman. The CTRH shall be chaired by a South Sudanese national, deputised by a non-South Sudanese national.

Page 66, chapter 5
5.2.4. Rights of Victims and Witnesses
5.2.4.1. The CTRH shall implement measures to protect victims and witnesses, in particular, youth, women and children. Such protection measures shall include, but shall not be limited to the conduct of in camera proceedings and the protection of the identity of a victim or witness.
Other
Page 69, chapter 5
5.4.2. The CRA:
5.4.2.1. Shall be run by an executive body to be chaired by an Executive Director appointed by the RTGoNU.
5.4.2.2. Shall be composed of an Executive body that shall include but not limited to:
5.4.2.2.2. Representatives of CSOs, Women groups, Faith-based leaders, Business Community, youth and traditional leaders;
Institutional reform
Constitution-making/reform
Page 72, chapter 6
6.6. The Executive of the Revitalized TGoNU after adequate consultations with all stakeholders including the political parties, Civil Society Organizations, Women groups, youth and Faith-based groups, shall reconstitute the National Constitutional Review Commission (NCRC) and appoints a preparatory subcommittee for convening a National Constitutional Conference (NCC) in accordance with the Act governing the constitution making process;
Other
Page 63, chapter 5
Such consultations shall ensure that the experiences of women, men, girls and boys are sufficiently documented and the findings of such consultations incorporated in the resultant legislation.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh