Agreement on the Roadmap to a Peaceful and Democratic end of the Transitional Period of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R- ARCSS).

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on the Roadmap to a Peaceful and Democratic end of the Transitional Period of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (R- ARCSS).
Date: 2 Aug 2022
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: South Sudan post-secession process
Parties: H.E. Salva Kiir Mayardit, President of the Republic. For The Former Interim Transitional Government of National Unity (ITGoNU)}

2. H.E. Dr. Riek Machar Teny, First Vice President of the Republic. For Sudan People's Liberation Movement/ Army in Opposition (SPLM/A-IO)}

3. Hon. Gabriel Changson Chang, Minister of High Education, Science and Technology For the South Sudan Opposition Alliance (SSOA)

4. Hon. Deng Alor Kuol, Minister of East African Community. For the Former Detainees (FD's)

5. Hon. Peter Mayen Majogdit, Minister of Humanitarian Affairs and Disaster Management For the Other Political Parties (OPP)-Representative (1)

6. Hon. Wilson Lodiong Sebit, Member of Parliament For the Other Political Parties (OPP)- Representative (2)
Third parties: -
Description: The Agreement on the Roadmap to a Peaceful and Democratic End of the Transitional Period of the R-ARCSS, finalized by the High-Level Standing Committee in Juba, South Sudan, on 2nd August 2022, aims to address implementation delays of the original agreement signed on 12th September 2018. This roadmap outlines a revised timeline and key tasks for transitioning to a democratic government, emphasizing the importance of the implementation matrix for detailed task scheduling. Following extensive review, the transitional period was extended by 24 months beyond its initial end date of 22nd February 2023, setting democratic elections for December 2024. Please Note: Only the body of the text is reflected in the coding, but the implementation matrix setting out the dates for tasks to be undertaken is key, and should be referred to.

Agreement document: SS_220802_Agreement on the Roadmap to a Peaceful and Democratic end of the Transitional Period (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
(ii) Article 2.1.10.3 on ceasing recruitment and/or use of child soldiers.
Groups→Children/youth→Substantive
(i) Article 3.1.2.2 on offering special consideration to conflict-affected persons (children, orphans, women, widows, war wounded, people with special needs, etc.)
in the delivery of public services including access to health, education services and granting host communities the same benefit, protection and humanitarian services.
Disabled persons: Groups→Disabled persons→Substantive
(i) Article 3.1.2.2 on offering special consideration to conflict-affected persons (children, orphans, women, widows, war wounded, people with special needs, etc.)
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: Groups→Refugees/displaced persons→Rhetorical
(ii) Article 1.4.3.1 on dissemination (Annex-3, Items 1 to 7) of the Revitalized ARCSS to South Sudanese people inside the country, in different cities and refugee camps in neighboring countries and generally in the diaspora, so that the people can understand, support and own it.
(iii) Article 2.1.10.5 on ceasing all attacks against civilian population, including IDPs, returnees and media personnel;
The combination of these processes addresses the legacy of conflict, promoting peace, national reconciliation and healing to create a conducive environment for the return of refugees and preparations for democratic elections.
Social class: No specific mention.

Gender

Women, girls and gender: (ii) Article 2.1.10.2 on ceasing all forms of SGBV, including sexual exploitation and harassment.
(i) Article 3.1.2.2 on offering special consideration to conflict-affected persons (children, orphans, women, widows, war wounded, people with special needs, etc.)
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): 2.5 Chapter-5 Status of Implementation (Annex-7, Items 1 to 18): The institutions to be established under this chapter have impact on the democratic transformation of South Sudan in that they will build truth, reconciliation and healing, and compensation and reparation.
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)→New political institutions (indefinite)
1.1 The Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was concluded and signed on the 12h September 2018 and was scheduled to end after a total of forty-four (44) months: eight (8) months of a Pre-Transitional Period and thirty-six (36) months of a Transitional Period.
1.2. The schedule for the implementation of the provisions of the Agreement was not met due to a number of genuine challenges.
Thus, the 8-month Pre- Transition Period started on 12th September 2018, and ended on 12th May 2019 without the establishment of the R-TGoNU as per article 1.1.2 of the R-ARCSS.
1.3 If the R-TGoNU was established by 12th May 2019, elections would have had to be carried out as from 12th March 2022, two (2) months before the end of the transitional period and the elected government established would have had to be formed by 12th May 2022.
1.4 Unfortunately, the pre-transitional period activities could not be completed according to plan.
A six (6) months extension had to be agreed, pushing the Transitional Period by fourteen (14) months to 12th November 2019.
1.6 Again, the pre-transitional period of fourteen (14) months had to be extended by one-hundred (100) days to make seventeen (17) months and ten (10) days, ending on 22nd November 2019.
(i) That one-hundred (100) days extension pushed the establishment of the R-TGoNU to 22nd February 2020, to end by 22nd February, 2023.
(ii) Accordingly, elections are set to be conducted as from 22nd December 2022, just four (4) months from now.
1.7 The purpose of this report is to analyze the status of the R-ARCSS implementation, assess the possibility of starting the process of conducting elections from 22nd December 2022, or propose an alternative timetable, a Road Map, for the parties to the Agreement to consider.
Governance→Political institutions (new or reformed)→Temporary new institutions
(i) The review of the new National Elections Act to conform with the permanent constitution upon its ratification by the constituent assembly by the 30th of August, 2023.
(ii) This review follows six (6) months after the National Constitutional Review Commission (NCRC) conducts civic education on the permanent constitution from 30th June, 2024 to 30th December, 2024, and continues for two (2) from 30th June, 2024 to 30th August, 2024.
Elections: 1.3 If the R-TGoNU was established by 12th May 2019, elections would have had to be carried out as from 12th March 2022, two (2) months before the end of the transitional period and the elected government established would have had to be formed by 12th May 2022.
1.5 Elections process would start from the 12th September, 2022 i. e. two (2) months before the end of the transitional period and the establishment of the elected government by 12th November, 2022.
(ii) Accordingly, elections are set to be conducted as from 22nd December 2022, just four (4) months from now.
Eighteen (18) on governance structures and bills (Annex-1, Items 1 to 18), six (6) on pre-elections (Annex-2a, 1 to 6), nine (9) on Elections and Post-Election issues (Annex-2b, Items 1 to 9) and seven (7) on Dissemination (Annex-3, Items 1 to 7)
(iv) Article 1.20 (inclusive of sub-articles/activities 1.20.2 to 1.20.12) on National Elections, Pre-election (Annex-2a Items 1 to 9), Elections and Post-Elections Annex-2b, Items 1 to 5).
The combination of these processes addresses the legacy of conflict, promoting peace, national reconciliation and healing to create a conducive environment for the return of refugees and preparations for democratic elections.
2.6.1 The significance of this chapter is that the election law that will guide elections at the end of the thirty-six (36) months transitional period is to be reviewed based on the permanent constitution of the Republic of South Sudan.
(i) The Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) does not provide critical timelines neither for the Permanent Constitution Making Process nor the Elections.
(ii) For the purpose of developing this Road Map Chapter-1, Chapter-2, Chapter-3, Chapater-4, Chapters-5 and 6 are considered appropriate for the determination of critical timelines because they contain provisions that are critical for the conduct of elections directly or indirectly.
(v) The objective is to ensure the full and peaceful end of the R-ARCSS with elections held and a democratically elected government for the Republic of South Sudan installed.
(i) The review of the new National Elections Act to conform with the permanent constitution upon its ratification by the constituent assembly by the 30th of August, 2023.
(iv) The National Election Commission (NEC) commences the electoral process starting from 30th August, 2022 in order to be fully established (Annex-2a showing 5 Pillars each with a set of strategic objectives/actions).
(vi) The restructured and reconstituted NEC commences its pre-election activities (Annex-2a, Items 1 to 6), from 30th August to 30th December, 2023 ready for electoral and post-elections processes (Annex-2b, Items 9).
4.1 The extended meeting of the Parties of 21» July 2022, which was attended by the representatives of the parties to the Agreement, endorsed the Roadmap proposal of H.E. President Salva Kiir Mayardit on peaceful transition to democratic elections.
That means elections will be held in December 2024.
4.5 The harmonized Roadmap was re-submitted to a second extended meeting of the Presidency in which article 8.4 of the R-ARCSS was evoked to approve the amendment by extending the transition period from 22d February 2023, to 22nd February, 2025, with elections held in December, 2024.
Electoral commission: (iv) The National Election Commission (NEC) commences the electoral process starting from 30th August, 2022 in order to be fully established (Annex-2a showing 5 Pillars each with a set of strategic objectives/actions).
(vi) The restructured and reconstituted NEC commences its pre-election activities (Annex-2a, Items 1 to 6), from 30th August to 30th December, 2023 ready for electoral and post-elections processes (Annex-2b, Items 9).
Political parties reform: Governance→Political parties reform→Other political parties reform
(iii) The enactment of the Political Parties Act, 2022, on the establishment of the Political Parties, their registration and the establishment of the Political Parties Council if impacted upon by the permanent constitution.
Civil society: (ii) Article 1.4.3.1 on dissemination (Annex-3, Items 1 to 7) of the Revitalized ARCSS to South Sudanese people inside the country, in different cities and refugee camps in neighboring countries and generally in the diaspora, so that the people can understand, support and own it.
(iii) Article 3.1.2.4 on ensuring issuance of visas for humanitarian personnel are not delayed.
(i) Article 2.1.10.1 on refraining from actions that may impede or delay the provision of humanitarian aid, protection of civilians, and free movement of people.
international humanitarian organizations' personnel or installations.
(ii) Article 3.1.2.5 on reviewing the 2016 NGO Act as per international best practice.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
(iv) Article 1.20.1 on review of the Political Parties Act 2022 have to be reviewed to conform to the permanent constitution of the Republic of South Sudan and adoption by the constituent assembly prior to its dissolution.
2.6.1 The significance of this chapter is that the election law that will guide elections at the end of the thirty-six (36) months transitional period is to be reviewed based on the permanent constitution of the Republic of South Sudan.
(i) The legislation to govern the permanent constitution making process was ratified by the RTNLA in July 2022.
(i) The Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) does not provide critical timelines neither for the Permanent Constitution Making Process nor the Elections.
(i) The review of the new National Elections Act to conform with the permanent constitution upon its ratification by the constituent assembly by the 30th of August, 2023.
(ii) This review follows six (6) months after the National Constitutional Review Commission (NCRC) conducts civic education on the permanent constitution from 30th June, 2024 to 30th December, 2024, and continues for two (2) from 30th June, 2024 to 30th August, 2024.
(iii) The enactment of the Political Parties Act, 2022, on the establishment of the Political Parties, their registration and the establishment of the Political Parties Council if impacted upon by the permanent constitution.
(ii) The establishment of the Constitutional Drafting Committee (CDC) shall be after the restructuring and reconstitution of the NCRC.
(iii) The CDC then begins its work of drafting the permanent constitutional text and follow the due processes.

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
(i) The unification of the command structure is now completed.
Power sharing→Military power sharing→Other
The parade of co-trained unified forces has been compiled and graduation is planned during August, 2022.

Human rights and equality

Human rights/RoL general: (v) The Judicial Reform Committee (JRC) shall study and recommend Judicial reforms for the Judiciary of South Sudan to be implemented by the Judicial Service Commission to improve on justice and the rule of law prior to the conduct of elections.
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: (iii) The enactment of the Political Parties Act, 2022, on the establishment of the Political Parties, their registration and the establishment of the Political Parties Council if impacted upon by the permanent constitution.
(iv) The National Election Commission (NEC) commences the electoral process starting from 30th August, 2022 in order to be fully established (Annex-2a showing 5 Pillars each with a set of strategic objectives/actions).
(vi) The restructured and reconstituted NEC commences its pre-election activities (Annex-2a, Items 1 to 6), from 30th August to 30th December, 2023 ready for electoral and post-elections processes (Annex-2b, Items 9).
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: (iii) Article 3.1.2.4 on ensuring issuance of visas for humanitarian personnel are not delayed.
(i) Article 2.1.10.1 on refraining from actions that may impede or delay the provision of humanitarian aid, protection of civilians, and free movement of people.
Protection measures: Rights related issues→Protection measures→Protection of civilians
(i) Article 2.1.10.1 on refraining from actions that may impede or delay the provision of humanitarian aid, protection of civilians, and free movement of people.
Rights related issues→Protection measures→Protection of groups
(iii) Article 2.1.10.5 on ceasing all attacks against civilian population, including IDPs, returnees and media personnel;
UNMISS/RPF personnel, installations and equipment;
international humanitarian organizations' personnel or installations.
(i) Article 3.1.2.2 on offering special consideration to conflict-affected persons (children, orphans, women, widows, war wounded, people with special needs, etc.)
in the delivery of public services including access to health, education services and granting host communities the same benefit, protection and humanitarian services.
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: Justice sector reform→Criminal justice and emergency law→Reform to specific laws
(ii) Sub-articles 1.18.1.2 on review of security laws, 1.18.3 on enactment of proposed laws, 1.18.6 on NCAC amended laws and their presentation to the MOJ&CA Council of Ministers and the TNLA for ratification and subsequent assent by the President of the Republic.
State of emergency provisions: No specific mention.
Judiciary and courts: (i) Article 1.17 on Judicial Reform and sub-Article 1.17.2 to 1.17.7.
(v) The Judicial Reform Committee (JRC) shall study and recommend Judicial reforms for the Judiciary of South Sudan to be implemented by the Judicial Service Commission to improve on justice and the rule of law prior to the conduct of elections.
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
(ii) Article 3.1.2.5 on reviewing the 2016 NGO Act as per international best practice.
(iii) Article 3.2.1 on establishing a Special Fund for Reconstruction (SRF) and its Board (BSRF).
(iv) Article 3.2.5 on assessing and determining priorities for the Special Reconstruction Fund (SRF).
(v) Article 3.2.6 on preparing SRF programme and a detailed action plan for the reconstruction of conflict-affected states and other areas.
(vi) Article 3.2.7 on providing SRF with initial funding of not less than USD 100 million per annum.
(vii) Article 3.2.8 on convening a South Sudan pledging conference to raise money to resource the SRF.
(viii) Article 3.2.9 on developing and submitting reports on the SRF income, expenditure and implemented projects to the RTNLA.
Article 4.3.1.1 on Strategic Economic Roadmap (National Development Plan) and Article 4.8.1.14.10 on reviewing and auditing of all revenues due to the National Government and their allocation in the budget since 2011.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: (iv) Calls upon RJMEC, IGAD, AU, all the Parties signatory to the R-ARCSS, all Stakeholders, Guarantors and International Partners to support the roadmap morally, politically, diplomatically and financially.
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: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: (iii) Phase-2, on the cantonment, screening, training, re-organization, unification, graduation and redeployment of the forces currently assembled starts from 30th November 2022.
(i) The graduation and deployment process of the forces of phase-1 commence in August, 2022.
(ii) Phase 2:
Cantonment/barracking, screening, reorganization and training of the remaining forces is proposed to commence after the graduation and redeployment of their forces by 30* November, 2022, to continue for 6 Months with their graduation and redeployment by 30** November, 2022.
DDR: Security sector→DDR→Demilitarisation provisions
(ii) De-militarization of civilian centers.
(i) Collection of long range and medium range heavy weapons.
(i) The graduation and deployment process of the forces of phase-1 commence in August, 2022.
(ii) Phase 2:
Cantonment/barracking, screening, reorganization and training of the remaining forces is proposed to commence after the graduation and redeployment of their forces by 30* November, 2022, to continue for 6 Months with their graduation and redeployment by 30** November, 2022.
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: Transitional justice→Courts→National courts
(i) The initiative for the establishment of the HCSS is with the African Union.
Although its terms shall conform to the agreement, responsibility for the provision of broad guidelines related to its full establishment lies with the AUC.
(ii) Generally, the R-GONU is only called upon to support and facilitate its operation (sub-articles.5.1.4) and to fully cooperate and seek assistance of the AU, UN and AUC on Human Rights (sub-article 5.1.5).
(ii) Apart from the HCSS which awaits guidelines from the AU, the CRA which
was initiated on 9th May, 2022, should be established by 9th November, 2022.
Mechanism: (iii) Article 1.19 on Transitional Institutions and Mechanisms, which are the subject of restructuring and reconstitution.
2.5 Chapter-5 Status of Implementation (Annex-7, Items 1 to 18): The institutions to be established under this chapter have impact on the democratic transformation of South Sudan in that they will build truth, reconciliation and healing, and compensation and reparation.
2.5.1 Commission for Truth, Reconciliation, and Healing (CTRH-Annex-5, Items 2 to 6): The process for its establishment commenced on 24th January, 2022.
(i) The legal framework is due to be passed by the RTNLA by September 2022 at the latest.
Once established, the CTRH will then implement all the eleven (11) outstanding sub-article/activities.
(ii) The technical Committee formed to engage in the process of establishing the CTRH was launched on 10th May 2021.
It has submitted the report on the Public Consultation to the Minister of Justice and Constitutional Affairs.
The Minister will upon consideration of the report direct further action.
(iii) The eligible members of the taskforce have been trained and the President launched public consultation on 5th April 2022.
(iv) The Taskforce has completed internal consultations and planned to carry out consultation with South Sudanese in refugee camps in the neighboring countries and in the diaspora.
(v) The Ministry of Justice and Constitutional Affairs (MOJ&CA) and partners have planned a two (2) weeks study tour to gather experiences of the Commission of truth, reconciliation and healing in South African and the Gambia.
(i) The Max Plank Foundation provided comparative material to assist the (MOJ&CA) to prepare the draft legislation for its establishment.
(ii) The Ministry of Justice and Constitutional Affairs will be drafting the legislation for its establishment and operation in consultation with RJMEC and IGAD taking into account the process of establishing the CTRH.
(i) The process of establishing the CTRH commenced on 22d May, 2020 and shall be completed by the 22nd September, 2022.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: (iii) Article 1.4.3.3 on National Healing and Reconciliation Process.
2.5 Chapter-5 Status of Implementation (Annex-7, Items 1 to 18): The institutions to be established under this chapter have impact on the democratic transformation of South Sudan in that they will build truth, reconciliation and healing, and compensation and reparation.
The combination of these processes addresses the legacy of conflict, promoting peace, national reconciliation and healing to create a conducive environment for the return of refugees and preparations for democratic elections.

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: 4.2 The meeting resolved to extend the transitional period of the R-ARCSS and directed the High-Level Standing Committee to receive the contributions of the other parties to the Agreement and incorporate them into the President's Roadmap proposal.
4.4 After lengthy deliberations, the committee agreed to extend the transitional period by twenty-four months from the end of the transitional period on the 22nd February 2023, to 22rd February 2025.
(i) Directed the High-Level Standing Committee of the Parties to present the harmonized Roadmap to the Council of Ministers, then to an extra-ordinary meeting of RJMEC and subsequently to the RTNL for ratification as per the operational requirement of article 8.4.
(ii) Directed the High-Level Standing Committee to engage the concerned Ministries, Institutions and other stakeholders to ensure the timely implementation of the roadmap and report progress on a monthly basis to the Presidency.
(iii) Directed the Ministry of Finance and Planning to release funds regularly from the FY 2022/2023 budget allocated for peace implementation to enable the High-Level Standing Committee enforce the prompt and timely implementation of the roadmap.
Related cases: No specific mention.
Source: No specific mention.

Agreement on the Roadmap to a Peaceful and Democratic end of the Transitional Period

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

ARCSS).

Tuesday 2nd August 2022

Prepared:

By the High-Level Standing Committee of the Parties Signatory to the A-ARCSS, Juba, South Sudan.

114

1. Introduction:

1.1 The Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was concluded and signed on the 12h September 2018 and was scheduled to end after a total of forty-four (44) months: eight (8) months of a Pre-Transitional Period and thirty-six (36) months of a Transitional Period.

1.2. The schedule for the implementation of the provisions of the Agreement was not met due to a number of genuine challenges.

Thus, the 8-month Pre- Transition Period started on 12th September 2018, and ended on 12th May 2019 without the establishment of the R-TGoNU as per article 1.1.2 of the R-ARCSS.

1.3 If the R-TGoNU was established by 12th May 2019, elections would have had to be carried out as from 12th March 2022, two (2) months before the end of the transitional period and the elected government established would have had to be formed by 12th May 2022.

1.4 Unfortunately, the pre-transitional period activities could not be completed according to plan.

A six (6) months extension had to be agreed, pushing the Transitional Period by fourteen (14) months to 12th November 2019.

1.5 Elections process would start from the 12th September, 2022 i. e. two (2) months before the end of the transitional period and the establishment of the elected government by 12th November, 2022.

1.6 Again, the pre-transitional period of fourteen (14) months had to be extended by one-hundred (100) days to make seventeen (17) months and ten (10) days, ending on 22nd November 2019.

(i) That one-hundred (100) days extension pushed the establishment of the R-TGoNU to 22nd February 2020, to end by 22nd February, 2023.

(ii) Accordingly, elections are set to be conducted as from 22nd December 2022, just four (4) months from now.

1.7 The purpose of this report is to analyze the status of the R-ARCSS implementation, assess the possibility of starting the process of conducting elections from 22nd December 2022, or propose an alternative timetable, a Road Map, for the parties to the Agreement to consider.

2. The Status of Implementation

2.1 Chapter-1 (Annex-1, Items 1 to 13): This Chapter of the R-ARCSS comprises twenty (20) Articles and two-hundred and eighty-three (283) sub- articles/Actions.

(i) The 283 activities are grouped into thirty-five (35) strategic objectives/actions, contained within the 20 Articles of the R-ARCSS Implementation Matrix (Pages 86-92), which all must be carried out.

2.1.1 Completed Provisions:

With long delays, eighteen (18) Articles and most of their respective activities have been implemented.

2.1.2 Provisions in Progress/ongoing:

Three (3) Articles and two (2) sub-articles are in progress as indicated below:

(i) Article 1.17 on Judicial Reform and sub-Article 1.17.2 to 1.17.7.

(ii) Sub-articles 1.18.1.2 on review of security laws, 1.18.3 on enactment of proposed laws, 1.18.6 on NCAC amended laws and their presentation to the MOJ&CA Council of Ministers and the TNLA for ratification and subsequent assent by the President of the Republic.

(iii) Article 1.19 on Transitional Institutions and Mechanisms, which are the subject of restructuring and reconstitution.

(iv) Article 1.20.1 on review of the Political Parties Act 2022 have to be reviewed to conform to the permanent constitution of the Republic of South Sudan and adoption by the constituent assembly prior to its dissolution.

2.1.3 Outstanding/Pending Provisions:

One (1) Article and two (2) sub-articles are outstanding.

(i) A total of forty (40) activities of this section are pending:

Eighteen (18) on governance structures and bills (Annex-1, Items 1 to 18), six (6) on pre-elections (Annex-2a, 1 to 6), nine (9) on Elections and Post-Election issues (Annex-2b, Items 1 to 9) and seven (7) on Dissemination (Annex-3, Items 1 to 7)

(ii) Article 1.4.3.1 on dissemination (Annex-3, Items 1 to 7) of the Revitalized ARCSS to South Sudanese people inside the country, in different cities and refugee camps in neighboring countries and generally in the diaspora, so that the people can understand, support and own it.

(iii) Article 1.4.3.3 on National Healing and Reconciliation Process.

(iv) Article 1.20 (inclusive of sub-articles/activities 1.20.2 to 1.20.12) on National Elections, Pre-election (Annex-2a Items 1 to 9), Elections and Post-Elections Annex-2b, Items 1 to 5).

2.2 Chapter-2 (Annex-4, items 1 to 7): The Permanent Ceasefire and Transitional Security Arrangements comprises five (5) Articles and one-hundred fourteen (114) sub-articles/Actions.

The one-hundred and fourteen (114) actions are grouped into 37 strategic objectives/actions, which are to be implemented as outlined in the R-ARCSS Implementation Matrix (Pages 93-98).

2.1.1 Completed Provisions All the pre-transitional period activities (Article 2:2, sub-articles 2.2.1 to

2.2.11 and related activities) are implemented albeit asymmetrically but with delay.

2.1.2 Ongoing/In-progress Provisions:

The five (5) transitional period activities (sub-articles 2.2.1 to 2.3.5) delayed by seventeen (17) months, but are nevertheless in progress.

(i) The unification of the command structure is now completed.

The parade of co-trained unified forces has been compiled and graduation is planned during August, 2022.

(ii) De-militarization of civilian centers.

(iii) Article 2.5 on the Strategic Defense and Security Review Board (SDSR), is in progress and it is a continuous process.

2.2.1 Outstanding/Pending Provisions:

(i) Collection of long range and medium range heavy weapons.

(ii) Redeployment commences after graduation by 30th August 2022 for two (2) months ending on 30th November 2022.

(iii) Phase-2, on the cantonment, screening, training, re-organization, unification, graduation and redeployment of the forces currently assembled starts from 30th November 2022.

2.3 Humanitarian Assistance and Reconstruction Chapter-3 (Annex-5, Items 19): This Chapter of the R-ARCSS comprises twenty-nine (29) actions.

The twenty-nine (29) activities in R-ARCSS Implementation Matrix (pages 99-103) are to be carried out.

2.3.1 Completed Provisions/Actions:

(i) Two (2) out of the twenty-nine (29) actions have been implemented successfully, albeit after long delays.

(ii) Article 2.1.10.3 on ceasing recruitment and/or use of child soldiers.

(iii) Article 3.1.2.4 on ensuring issuance of visas for humanitarian personnel are not delayed.

2.3.2 Provisions/Actions in Progress/Ongoing:

Eighteen (18) actions are in progress:

(i) Article 2.1.10.1 on refraining from actions that may impede or delay the provision of humanitarian aid, protection of civilians, and free movement of people.

(ii) Article 2.1.10.2 on ceasing all forms of SGBV, including sexual exploitation and harassment.

(iii) Article 2.1.10.5 on ceasing all attacks against civilian population, including IDPs, returnees and media personnel;

UNMISS/RPF personnel, installations and equipment;

international humanitarian organizations' personnel or installations.

2.3.3 Outstanding/Pending Provisions/Activities:

There are nine (9) outstanding/pending actions, including:

(i) Article 3.1.2.2 on offering special consideration to conflict-affected persons (children, orphans, women, widows, war wounded, people with special needs, etc.)

in the delivery of public services including access to health, education services and granting host communities the same benefit, protection and humanitarian services.

(ii) Article 3.1.2.5 on reviewing the 2016 NGO Act as per international best practice.

(iii) Article 3.2.1 on establishing a Special Fund for Reconstruction (SRF) and its Board (BSRF).

(iv) Article 3.2.5 on assessing and determining priorities for the Special Reconstruction Fund (SRF).

(v) Article 3.2.6 on preparing SRF programme and a detailed action plan for the reconstruction of conflict-affected states and other areas.

(vi) Article 3.2.7 on providing SRF with initial funding of not less than USD 100 million per annum.

(vii) Article 3.2.8 on convening a South Sudan pledging conference to raise money to resource the SRF.

(viii) Article 3.2.9 on developing and submitting reports on the SRF income, expenditure and implemented projects to the RTNLA.

2.4 Chapter 4;

Resource, Economic and Financial Management (Annex-6 Items 1 to 66): This Chapter of the R-ARCSS comprises of sixteen (16) Articles and one-hundred forty-five activities all of which must be executed.

(i) Although the Implementation Matrix (pages 104 to 115) show eighty-six (86), practically only sixty-six (66) Items are Resource, Economic and Finance Management related.

Items sixty-five (65) activities.

The other (10) are governance/structural in nature.

2.4.1 Completed provision:

Only two (2) activities are completed after long delay.

Article 4.3.1.1 on Strategic Economic Roadmap (National Development Plan) and Article 4.8.1.14.10 on reviewing and auditing of all revenues due to the National Government and their allocation in the budget since 2011.

2.4.2 In progress/Ongoing provisions:

Only 9 are in progress.

2.4.3 Outstanding/Pending Provisions:

The remaining fifty-seven are outstanding.

2.5 Chapter-5 Status of Implementation (Annex-7, Items 1 to 18): The institutions to be established under this chapter have impact on the democratic transformation of South Sudan in that they will build truth, reconciliation and healing, and compensation and reparation.

The combination of these processes addresses the legacy of conflict, promoting peace, national reconciliation and healing to create a conducive environment for the return of refugees and preparations for democratic elections.

The Status of implementation:

2.5.1 Commission for Truth, Reconciliation, and Healing (CTRH-Annex-5, Items 2 to 6): The process for its establishment commenced on 24th January, 2022.

(i) The legal framework is due to be passed by the RTNLA by September 2022 at the latest.

Once established, the CTRH will then implement all the eleven (11) outstanding sub-article/activities.

(ii) The technical Committee formed to engage in the process of establishing the CTRH was launched on 10th May 2021.

It has submitted the report on the Public Consultation to the Minister of Justice and Constitutional Affairs.

The Minister will upon consideration of the report direct further action.

(iii) The eligible members of the taskforce have been trained and the President launched public consultation on 5th April 2022.

(iv) The Taskforce has completed internal consultations and planned to carry out consultation with South Sudanese in refugee camps in the neighboring countries and in the diaspora.

(v) The Ministry of Justice and Constitutional Affairs (MOJ&CA) and partners have planned a two (2) weeks study tour to gather experiences of the Commission of truth, reconciliation and healing in South African and the Gambia.

2.5.2 Compensation and Reparation Authority-CRA (Annex-5, Article 5.4, Annex-6, Item 17).

(i) The Max Plank Foundation provided comparative material to assist the (MOJ&CA) to prepare the draft legislation for its establishment.

(ii) The Ministry of Justice and Constitutional Affairs will be drafting the legislation for its establishment and operation in consultation with RJMEC and IGAD taking into account the process of establishing the CTRH.

2.5.3 The Hybrid Court for South Sudan (HCSS, Article 5.3):

(i) The initiative for the establishment of the HCSS is with the African Union.

Although its terms shall conform to the agreement, responsibility for the provision of broad guidelines related to its full establishment lies with the AUC.

(ii) Generally, the R-GONU is only called upon to support and facilitate its operation (sub-articles.5.1.4) and to fully cooperate and seek assistance of the AU, UN and AUC on Human Rights (sub-article 5.1.5).

2.6 Chapter-6 Status of Implementation (Annex-8, Items 1 to 21)

2.6.1 The significance of this chapter is that the election law that will guide elections at the end of the thirty-six (36) months transitional period is to be reviewed based on the permanent constitution of the Republic of South Sudan.

(i) The legislation to govern the permanent constitution making process was ratified by the RTNLA in July 2022.

(ii) There are seventeen (17) activities (Road Map, annex-6, Items 2 to 21), Item 5 to 17) that must be accomplished.

3.0 The Roadmap/Way-forward on the Implementation of the Road Map for Peaceful and Democratic Elections

(i) The Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) does not provide critical timelines neither for the Permanent Constitution Making Process nor the Elections.

(ii) For the purpose of developing this Road Map Chapter-1, Chapter-2, Chapter-3, Chapater-4, Chapters-5 and 6 are considered appropriate for the determination of critical timelines because they contain provisions that are critical for the conduct of elections directly or indirectly.

(iii) The Road Map assesses the implementation status of the provisions of each chapter, identifying provisions/activities that are either completed, in progress/ongoing or outstanding/Pending

(iv) Those in progress or outstanding are recorded and tabulated with implementation timeframe, start and finish dates to provide a schedule for the implementation.

Note that the finish dates of the activities in progress or outstanding are not in any chronological order.

(v) The objective is to ensure the full and peaceful end of the R-ARCSS with elections held and a democratically elected government for the Republic of South Sudan installed.

3.1 Part-1, Roadmap for Chapter-1:

There are eighteen (18) items to be implemented in order to complete this chapter.

The critical dates are:

(i) The review of the new National Elections Act to conform with the permanent constitution upon its ratification by the constituent assembly by the 30th of August, 2023.

(ii) This review follows six (6) months after the National Constitutional Review Commission (NCRC) conducts civic education on the permanent constitution from 30th June, 2024 to 30th December, 2024, and continues for two (2) from 30th June, 2024 to 30th August, 2024.

(iii) The enactment of the Political Parties Act, 2022, on the establishment of the Political Parties, their registration and the establishment of the Political Parties Council if impacted upon by the permanent constitution.

(iv) The National Election Commission (NEC) commences the electoral process starting from 30th August, 2022 in order to be fully established (Annex-2a showing 5 Pillars each with a set of strategic objectives/actions).

(v) The Judicial Reform Committee (JRC) shall study and recommend Judicial reforms for the Judiciary of South Sudan to be implemented by the Judicial Service Commission to improve on justice and the rule of law prior to the conduct of elections.

(vi) The restructured and reconstituted NEC commences its pre-election activities (Annex-2a, Items 1 to 6), from 30th August to 30th December, 2023 ready for electoral and post-elections processes (Annex-2b, Items 9).

3.2 Part-2, Roadmap for Chapter-2:

There are seven (7) Items to be implemented for orderly graduation and redeployment:

Four during 2022 and 2 in 2023 (Annex-2, Items 1 to 7)

(i) The graduation and deployment process of the forces of phase-1 commence in August, 2022.

(ii) Phase 2:

Cantonment/barracking, screening, reorganization and training of the remaining forces is proposed to commence after the graduation and redeployment of their forces by 30* November, 2022, to continue for 6 Months with their graduation and redeployment by 30** November, 2022.

3.3 Part-3, Roadmap for Chapter-3:

This Chapter has nineteen (19) items to be carried out (Annex-3, Items 1 to 19).

Implementation started on the 30th March, 2019 and set to continue till 30th October, 2025, beyond elections.

(i) To date two (2) activities have been carried out in 2021 and the other (1) in 2022.

(ii) The rest are either in progress or outstanding.

Out of those, four (4) are due in 2023, nine (9) in 2024 and four (4) in 2025.

3.4 Part-4, Roadmap for Chapter-4 (Annex-6, Items 1 to 66).

All the items in progress and outstanding have to be implemented.

Twelve (12) items are due in 2022, Fifty-two (52) in 2023, one (1) in 2024 and one (1) in 2025.

3.5 Part-5, Roadmap for Chapter-5:

Eighteen (18) items are to be executed under this Chapter, two having been completed in 2021 and four (4) due to finish in 2022.

(i) The process of establishing the CTRH commenced on 22d May, 2020 and shall be completed by the 22nd September, 2022.

(ii) Apart from the HCSS which awaits guidelines from the AU, the CRA which

was initiated on 9th May, 2022, should be established by 9th November, 2022.

3.6 Part-6, Roadmap for Chapter-6:

Under this Chapter, there are Twenty-one (21) actions to be undertaken (Annex-1, Item 1 to 21).

(i) Two 2) actions were completed in 2021 and six (6) will finish in 2022, seven (7) will finish in 2023 and four (4) in 2024.

(ii) The establishment of the Constitutional Drafting Committee (CDC) shall be after the restructuring and reconstitution of the NCRC.

(iii) The CDC then begins its work of drafting the permanent constitutional text and follow the due processes.

4.0

In Conclusion:

4.1 The extended meeting of the Parties of 21» July 2022, which was attended by the representatives of the parties to the Agreement, endorsed the Roadmap proposal of H.E. President Salva Kiir Mayardit on peaceful transition to democratic elections.

4.2 The meeting resolved to extend the transitional period of the R-ARCSS and directed the High-Level Standing Committee to receive the contributions of the other parties to the Agreement and incorporate them into the President's Roadmap proposal.

4.3 The Committee considered the contributions of the other parties to the Agreement and further deliberated on the extension period.

4.4 After lengthy deliberations, the committee agreed to extend the transitional period by twenty-four months from the end of the transitional period on the 22nd February 2023, to 22rd February 2025.

That means elections will be held in December 2024.

4.5 The harmonized Roadmap was re-submitted to a second extended meeting of the Presidency in which article 8.4 of the R-ARCSS was evoked to approve the amendment by extending the transition period from 22d February 2023, to 22nd February, 2025, with elections held in December, 2024.

In that regard the extended meeting of the Parties:

(i) Directed the High-Level Standing Committee of the Parties to present the harmonized Roadmap to the Council of Ministers, then to an extra-ordinary meeting of RJMEC and subsequently to the RTNL for ratification as per the operational requirement of article 8.4.

(ii) Directed the High-Level Standing Committee to engage the concerned Ministries, Institutions and other stakeholders to ensure the timely implementation of the roadmap and report progress on a monthly basis to the Presidency.

(iii) Directed the Ministry of Finance and Planning to release funds regularly from the FY 2022/2023 budget allocated for peace implementation to enable the High-Level Standing Committee enforce the prompt and timely implementation of the roadmap.

(iv) Calls upon RJMEC, IGAD, AU, all the Parties signatory to the R-ARCSS, all Stakeholders, Guarantors and International Partners to support the roadmap morally, politically, diplomatically and financially.

1. H.E. Salva Kiir Mayardit, President of the Republic. For The Former Interim Transitional Government of National Unity (ITGoNU)

2. H.E. Dr. Riek Machar Teny, First Vice President of the Republic. For Sudan People's Liberation Movement/ Army in Opposition (SPLM/A-IO)

3. Hon. Gabriel Changson Chang, Minister of High Education, Science and Technology For the South Sudan Opposition Alliance (SSOA)

4. Hon. Deng Alor Kuol, Minister of East African Community. For the Former Detainees (FD's)

5. Hon. Peter Mayen Majogdit, Minister of Humanitarian Affairs and Disaster Management For the Other Political Parties (OPP)-Representative (1)

6. Hon. Wilson Lodiong Sebit, Member of Parliament For the Other Political Parties (OPP)- Representative (2)