Agreement on Outstanding Issues of Security Arrangements

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on Outstanding Issues of Security Arrangements
Date: 6 Jul 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: Ceasefire/related
Conflict nature: Government
Peace process: South Sudan post-secession process
Parties: For TGonu
Hon. Michael Majuei Lueth
Minister of Information, Communication Technology and Postal Services
For SPLM/A-IO
Angelina Jany Teny
South Sudan Opposition Alliance (SSOA):
Gabriel Changson Chang
For NAS
Thomas Cirollo Swaka
For NDM
Dr. Lan Akol Ajawin
For SSPM
Hussein Abdelbagi Akol
For SSUM
Matut Gatjuol
For SSNMC
Vakindi David
For SSLM
Bapiny Montuel
For PDM
Leoniz Onek
Witnessed by
The Government of the Sudan
H.E. Gen. psc. Awad Mohammed Ahmed Ibn Ouf
Minister of Defence
The IGAD
H.E. Dr Ismail Wais
IGAD Special Envy for South Sudan
Third parties: -
Description: Agreement between South Sudan’s warring parties on the outstanding issues on security arrangements in particular providing for a ceasefire and DDR.

Agreement document: SS_180706_Agreement on Outstanding Issues of Security Arrangements.pdf (opens in new tab) | Download PDF
Agreement document (original language): SS_180706_Agreement on Outstanding Issues of Security Arrangements..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): Page 1, Preamble
Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law

Determined to compensate our people by recommitting ourselves to peace and
constitutionalism and not to repeat mistakes of the past,
State configuration: Page 1, Preamble
Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law

Cognizant of the prime significance of preserving the sovereignty and territorial integrity of
the country,
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: Page 2, 1. The Permanent Ceasefire:
1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the supervision of the ICRC.
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: Power sharing→Military power sharing→Joint command structures
4. Mechanisms of Security Arrangements:
4.1. The JDB shall be formed at the level of Chiefs of Staff to exercise command and control
over all forces.
4.2. Half members of the JTSC shall be from the TGoNU and the other half from the
opposition groups collectively. Eight (8) of the party members of the Joint Transitional
Security Committee (JTSC) shall be from TGoNU, five (5) members shall be from the
SPLM/A-IO and three (3) members from SSOA. Decisions of the JTSC shall be adopted by
consensus

Human rights and equality

Human rights/RoL general: Page 1, Preamble
Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law
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: Page 2
1. The Permanent Ceasefire:
...
1.4. Free movement of citizens, commodities and services shall be guaranteed.
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→Humanitarian assistance
Page 2, 1. The Permanent Ceasefire:
…
1.5. Humanitarian corridors for relief shall be immediately opened.
National economic plan: No specific mention.
Natural resources: No specific mention.
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: Land, property and environment→Cultural heritage→Tangible
Pages 2-3, 2. The Pre-Transitional Period
2.2. The following activities shall take place during the Pre-Transitional Period:
a. Civilian areas shall be immediately demilitarized. This includes schools, service centres, occupied houses, IDPs camps, protection of civilian sites, villages, churches, mosques, ritual centers and livelihood areas.
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
Page 2

Parties, agree to this Agreement on Implementing the Permanent Ceasefire and Finalizing
Outstanding Issues of Security Arrangements.
1. The Permanent Ceasefire:
1.1. The Parties hereby agree that the Permanent Ceasefire signed in the Khartoum
Declaration of 27 June 2018, which came into effect on 1st July 2018, shall be observed
meticulously throughout the Republic of South Sudan.
1.2. In observing the Permanent Ceasefire the Parties reiterate all their commitments under
the Cessation of Hostilities Agreement (COHA) signed on 21st December 2017.
1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the
supervision of the ICRC.
1.4. Free movement of citizens, commodities and services shall be guaranteed.
1.5. Humanitarian corridors for relief shall be immediately opened.
1.6. No revenge, vengeance or retribution and any kind of violations of the Permanent
Ceasefire is allowed under any circumstances.
1.7. A process of national healing and reconciliation shall commence at the beginning of the
Pre-Transitional Period and shall include all forces and affected people.

Pages 4-5, 4. Mechanisms of Security Arrangements:
4.3. The following mechanisms of monitoring and verification shall be formed:
a. Joint Military Ceasefire Commission (JMCC), at national level. b. Area Joint Military Ceasefire Committees, at states’ level.
c. Joint Military Ceasefire Teams, on sites at countries and payams.
4.4. The current monitoring and verification mechanism shall be restructured and reconstituted into the Ceasefire Transitional Security Arrangements, Monitoring and Verification Mechanisms (CTSAMVM). It shall be led by Sudan and Uganda.
Police: Page 1, Preamble

Committed to forming a professional and specialized national army, police, security and
other organized services that shall be all-inclusive and free from ethnic or tribal affiliations,

Pages 2-3, 2. The Pre-Transitional Period
2.2. The following activities shall take place during the Pre-Transitional Period:
e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services. Ineligible individuals shall be referred to DDR.

Pages 3-4, 3. The Transitional Period
3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.
Armed forces: Page 1, Preamble

Committed to forming a professional and specialized national army, police, security and
other organized services that shall be all-inclusive and free from ethnic or tribal affiliations,

Page 2, 2. The Pre-Transitional Period
2.1. The Pre-Transitional Period shall start on D-Day and continue up to the completion of the training and redeployment of the necessary unified forces. However, training and redeployment of the necessary unified forces shall be completed within a period that shall not exceed eight (8) months. This provision prevails on any other contrary text.

Pages 2-3, 2. The Pre-Transitional Period
2.2. The following activities shall take place during the Pre-Transitional Period:
e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services. Ineligible individuals shall be referred to DDR.

Pages 3-4, 3. The Transitional Period
3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.

3.5. By the end of the Transitional Period the national army and organized forces shall be redeployed throughout the Republic of South Sudan pursuant to the plan laid down by the Strategic Defense and Security Review Board (SDSRB).
DDR: Security sector→DDR→Demilitarisation provisions
Pages 2-3, 2. The Pre-Transitional Period
2.2. The following activities shall take place during the Pre-Transitional Period:
a. Civilian areas shall be immediately demilitarized. This includes schools, service centres, occupied houses, IDPs camps, protection of civilian sites, villages, churches, mosques, ritual centers and livelihood areas.

b. Disengagement, separation of forces and collection of long and medium range heavy weapons.

c. All forces shall be cantoned under the supervision of the current monitoring bodies at their present barracks and sites. However, cantoned forces shall be assembled in accessible areas and in a size of not less than a battalion.

d. Maps detailing present locations and lists stating numbers of forces not previously declared as per COHA shall be presented to the monitoring and verification mechanisms and the Joint Military Ceasefire Commission (JMCC). Lists shall include size of forces, weaponry, equipment, and ammunition.

e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services. Ineligible individuals shall be referred to DDR.

f. Training of the unified forces of the military, police and other security services shall start at the beginning of the Pre-transitional Period according to the requirement of each force or service. Forces shall be trained together to ensure coherence and harmony.

g. On completion of training, the unified forces shall be redeployed at different levels and sizes (units, formations and commands).

Pages 3-4, 3. The Transitional Period

3.1. Notwithstanding any agreement to the contrary, the Transitional Period of (36) thirty six months shall start on completion of redeployment of necessary unified forces, or on the expiry of eight (8) months whichever takes place first.

3.2. Through the Transitional Period training of personnel selected for the military, police, security and other services shall continue. Programs of DDR shall continue for eligible personnel.

3.3. During the Transitional Period all collected heavy and medium range weapons and ammunitions shall be disposed of as shall be determined by the JDB.

3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.

3.5. By the end of the Transitional Period the national army and organized forces shall be redeployed throughout the Republic of South Sudan pursuant to the plan laid down by the Strategic Defense and Security Review Board (SDSRB).
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: Page 2,

1. The Permanent Ceasefire:
1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the supervision of the ICRC.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, 1. The Permanent Ceasefire:
…
1.7. A process of national healing and reconciliation shall commence at the beginning of the Pre-Transitional Period and shall include all forces and affected people.

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: Pages 4-5, 4. Mechanisms of Security Arrangements:
4.3. The following mechanisms of monitoring and verification shall be formed:
a. Joint Military Ceasefire Commission (JMCC), at national level.
b. Area Joint Military Ceasefire Committees, at states’ level.
c. Joint Military Ceasefire Teams, on sites at countries and payams.
4.4. The current monitoring and verification mechanism shall be restructured and reconstituted into the Ceasefire Transitional Security Arrangements, Monitoring and Verification Mechanisms (CTSAMVM). It shall be led by Sudan and Uganda.
Related cases: No specific mention.
Source: On file with author.

Agreement on Outstanding Issues of Security Arrangements

Mindful of our commitment under The Transitional Constitution of the Republic of South Sudan, 2011 to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law,

Deeply regretting the scale of untold human suffering that had befallen our country and people as a result of disregarding this commitment,

Recognizing that military means cannot result in sustainable solutions,

Determined to compensate our people by recommitting ourselves to peace and constitutionalism and not to repeat mistakes of the past,

Cognizant of the prime significance of preserving the sovereignty and territorial integrity of the country,

Committed to forming a professional and specialized national army, police, security and other organized services that shall be all-inclusive and free from ethnic or tribal affiliations,

Recalling our commitment in the Agreement on Resolution of the Conflict in South Sudan (ARCSS) signed on 17th August 2015, the Cessation of Hostilities Agreement (COHA) signed on 21st December 2017 and the Khartoum Declaration signed on 27th June 2018,

The Transitional Government of National Unity (TGoNU) of the Republic of South Sudan, the Sudan People’s Liberation Movement/ Army-In Opposition (SPLM/A-IO), the South Sudan Opposition Alliance (SSOA) and all warring Parties signatories to this Agreement, referred to hereinafter collectively as Parties, agree to this Agreement on Implementing the Permanent Ceasefire and Finalizing Outstanding Issues of Security Arrangements.

1. The Permanent Ceasefire:

1.1. The Parties hereby agree that the Permanent Ceasefire signed in the Khartoum Declaration of 27 June 2018, which came into effect on 1st July 2018, shall be observed meticulously throughout the Republic of South Sudan.

1.2. In observing the Permanent Ceasefire the Parties reiterate all their commitments under the Cessation of Hostilities Agreement (COHA) signed on 21st December 2017.

1.3. Prisoners of War (POWs) and Detainees shall be released immediately under the supervision of the ICRC.

1.4. Free movement of citizens, commodities and services shall be guaranteed.

1.5. Humanitarian corridors for relief shall be immediately opened.

1.6. No revenge, vengeance or retribution and any kind of violations of the Permanent Ceasefire is allowed under any circumstances.

1.7. A process of national healing and reconciliation shall commence at the beginning of the Pre-Transitional Period and shall include all forces and affected people.

2. The Pre-Transitional Period

2.1. The Pre-Transitional Period shall start on D-Day and continue up to the completion of the training and redeployment of the necessary unified forces.

However, training and redeployment of the necessary unified forces shall be completed within a period that shall not exceed eight (8) months.

This provision prevails on any other contrary text.

2.2. The following activities shall take place during the Pre-Transitional Period:

a. Civilian areas shall be immediately demilitarized.

This includes schools, service centres, occupied houses, IDPs camps, protection of civilian sites, villages, churches, mosques, ritual centers and livelihood areas.

b. Disengagement, separation of forces and collection of long and medium range heavy weapons.

c. All forces shall be cantoned under the supervision of the current monitoring bodies at their present barracks and sites.

However, cantoned forces shall be assembled in accessible areas and in a size of not less than a battalion.

d. Maps detailing present locations and lists stating numbers of forces not previously declared as per COHA shall be presented to the monitoring and verification mechanisms and the Joint Military Ceasefire Commission (JMCC).

Lists shall include size of forces, weaponry, equipment, and ammunition.

e. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, security and other services.

Ineligible individuals shall be referred to DDR.

f. Training of the unified forces of the military, police and other security services shall start at the beginning of the Pre-transitional Period according to the requirement of each force or service.

Forces shall be trained together to ensure coherence and harmony.

g. On completion of training, the unified forces shall be redeployed at different levels and sizes (units, formations and commands).

3. The Transitional Period

3.1. Notwithstanding any agreement to the contrary, the Transitional Period of (36) thirty six months shall start on completion of redeployment of necessary unified forces, or on the expiry of eight (8) months whichever takes place first.

3.2. Through the Transitional Period training of personnel selected for the military, police, security and other services shall continue.

Programs of DDR shall continue for eligible personnel.

3.3. During the Transitional Period all collected heavy and medium range weapons and ammunitions shall be disposed of as shall be determined by the JDB.

3.4. Building of the national army, police, security and other forces shall be completed before the end of the Transitional Period.

3.5. By the end of the Transitional Period the national army and organized forces shall be redeployed throughout the Republic of South Sudan pursuant to the plan laid down by the Strategic Defense and Security Review Board (SDSRB).

4. Mechanisms of Security Arrangements:

4.1. The JDB shall be formed at the level of Chiefs of Staff to exercise command and control over all forces.

4.2. Half members of the JTSC shall be from the TGoNU and the other half from the opposition groups collectively.

Eight (8) of the party members of the Joint Transitional Security Committee (JTSC) shall be from TGoNU, five (5) members shall be from the SPLM/A-IO and three (3) members from SSOA.

Decisions of the JTSC shall be adopted by consensus.

4.3. The following mechanisms of monitoring and verification shall be formed:

a. Joint Military Ceasefire Commission (JMCC), at national level.

b. Area Joint Military Ceasefire Committees, at states’ level.

c. Joint Military Ceasefire Teams, on sites at countries and payams.

4.4. The current monitoring and verification mechanism shall be restructured and reconstituted into the Ceasefire Transitional Security Arrangements, Monitoring and Verification Mechanisms (CTSAMVM).

It shall be led by Sudan and Uganda.

Done in Khartoum, the Republic of Sudan, on this Day 6th July 2018.

For TGonu

Hon. Michael Majuei Lueth

Minister of Information, Communication Technology and Postal Services

For SPLM/A-IO

Angelina Jany Teny

South Sudan Opposition Alliance (SSOA):

Gabriel Changson Chang

For NAS

Thomas Cirollo Swaka

For NDM

Dr. Lan Akol Ajawin

For SSPM

Hussein Abdelbagi Akol

For SSUM

Matut Gatjuol

For SSNMC

Vakindi David

For SSLM

Bapiny Montuel

For PDM

Leoniz Onek

Witnessed by

The Government of the Sudan

H.E. Gen. psc.

Awad Mohammed Ahmed Ibn Ouf

Minister of Defence

The IGAD

H.E. Dr Ismail Wais

IGAD Special Envy for South Sudan