Agreement to Resolve the Crisis in South Sudan

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement to Resolve the Crisis in South Sudan
Date: 9 May 2014
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: Salva Kiir Mayardit, President of the Republic of South Sudan; Dr. Riek Machar Teny, Chairman SPLM/A (IO) and former-Vice President of the GRSS
Third parties: Guarantor: Hailemariam Dessalegn, Prime Minister of the FDRE and Chairman of IGAD Assembly.
Description: The agreement is a renewal of the 23 January 2014 Cessation of Hostilities Agreement.

Agreement document: SS_140509_AgreementResolveCrisisSouthSudan [signed].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): No specific mention.
State configuration: Page 2, paragraph 8, Agree that a transitional government of national unity will offer the best chance for the people of South Sudan to take the country forward...

Page 1, paragraph 2, Understand the need to take bold decisions, in the interest of national reconciliation, that can guide the country to a new political dispensation and a permanent constitutional order
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: Page 2, paragraph 8, Agree that a transitional government of national unity will offer the best chance for the people of South Sudan to take the country forward; and that such a government shall oversee government functions during a transitional period, implement critical reforms as negotiated through the peace process, oversee a permanent constitutional process, and guide the country to new elections; and thus direct our respective representatives to the IGAD- led peace process to negotiate the terms of a transitional government of national unity;
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, paragraph 6, Agree to open humanitarian corridors, in accordance with the Cessation of Hostilities Agreement of 23 January 2014, and the 5 May 2014 “Recommitment on Humanitarian Matters in the CoH Agreement”; and to cooperate, unconditionally, with the UN and humanitarian agencies to ensure that humanitarian aid reaches affected populations in all areas of South Sudan.

Page 2, paragraph 9, Agree to ensure the inclusion of all South Sudanese stakeholders in the peace process, and the negotiation of a transitional government of national unity, in order to ensure broad ownership of the agreed outcomes; stakeholders include: the two direct negotiators (the GRSS and the SPLM/A in Opposition), and others such as the SPLM leaders (former detainees), political parties, civil society, and faith-based leaders.
Traditional/religious leaders: Page 2, paragraph 9, Agree to ensure the inclusion of all South Sudanese stakeholders in the peace process, and the negotiation of a transitional government of national unity, in order to ensure broad ownership of the agreed outcomes; stakeholders include: the two direct negotiators (the GRSS and the SPLM/A in Opposition), and others such as the SPLM leaders (former detainees), political parties, civil society, and faith-based leaders.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, paragraph 8, Agree that a transitional government of national unity will offer the best chance for the people of South Sudan to take the country forward; and that such a government shall oversee government functions during a transitional period, implement critical reforms as negotiated through the peace process, oversee a permanent constitutional process, and guide the country to new elections; and thus direct our respective representatives to the IGAD- led peace process to negotiate the terms of a transitional government of national unity;

Page 2, paragraph 10, Agree that these other stakeholders shall participate in negotiations on transitional governance, the permanent constitution, and any other items that concern the political future of the country and reconciliation of South Sudanese communities.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 2, paragraph 8, Agree that a transitional government of national unity will offer the best chance for the people of South Sudan to take the country forward; and that such a government shall oversee government functions during a transitional period, implement critical reforms as negotiated through the peace process, oversee a permanent constitutional process, and guide the country to new elections; and thus direct our respective representatives to the IGAD- led peace process to negotiate the terms of a transitional government of national unity;
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, paragraph 5, Agree to issue orders to all their respective commands and units, on signing of the agreement, instructing full and immediate cessation of hostilities, cooperation with the IGAD MVM, and facilitation of humanitarian access...

Page 2, paragraph 6, Agree to open humanitarian corridors, in accordance with the Cessation of Hostilities Agreement of 23 January 2014, and the 5 May 2014 “Recommitment on Humanitarian Matters in the CoH Agreement”; and to cooperate, unconditionally, with the UN and humanitarian agencies to ensure that humanitarian aid reaches affected populations in all areas of South Sudan.
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 1, paragraph 5, Agree to issue orders to all their respective commands and units, on signing of the agreement, instructing full and immediate cessation of hostilities, cooperation with the IGAD MVM, and facilitation of humanitarian access...

Page 2, paragraph 6, Agree to open humanitarian corridors, in accordance with the Cessation of Hostilities Agreement of 23 January 2014, and the 5 May 2014 “Recommitment on Humanitarian Matters in the CoH Agreement”; and to cooperate, unconditionally, with the UN and humanitarian agencies to ensure that humanitarian aid reaches affected populations in all areas of South Sudan.
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: No specific mention.
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 1, paragraph 3, Agree to immediately cease all hostile activities with twenty for(24) hours of the signing of this agreement, thus re-dedicating ourselves to the Cessation of Hostilities Agreement of 23 January 2014; and further agree to facilitate the full deployment of IGAD Monitoring and Verification Mechanism(MVM).

Page 1, paragraph 4, Commit to disengage and separate forces and refrain from any provocative action or combat movement until a permanent cease fire is agreed and signed;

Page 1, Paragraph 5, Agree to issue orders to all their respective commands and units, on signing of the agreement, instructing full and immediate cessation of hostilities, cooperation with the IGAD MVM, and facilitation of humanitarian access; and the receipt of orders at command level shall be verified by the IGAD MVM in a week after signing this agreement;
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, paragraph 4, Commit to disengage and separate forces and refrain from any provocative action or combat movement until a permanent cease fire is agreed and signed;
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: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, paragraph 2, Understand the need to take bold decisions, in the interest of national reconciliation, that can guide the country to a new political dispensation and a permanent constitutional order

Page 2, paragraph 10, Agree that these other stakeholders shall participate in negotiations on transitional governance, the permanent constitution, and any other items that concern the political future of the country and reconciliation of South Sudanese communities.

Implementation

UN signatory: No specific mention.
Other international signatory: Witnesses: H.E. Amb. Seyoum Mesfin, Chairperson of the Mediation Process; H.E. Gen. Lazaro K. Sumbeiywo; H.E. Gen. Mohamed Ahmed el-Dabi
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker - http://peacemaker.un.org/; http://peacemaker.un.org/sites/peacemaker.un.org/files/SS_140509_AgreementResolveCrisisSouthSudan.pdf

Agreement to Resolve the Crisis in South Sudan

Addis Ababa 9 May 2014

We the undersigned:

Recognize that there is no military solutlon to the crlsis in South Sudan, and that a sustainable peace can be achieved only through inclusive political dialogue;

Understand the need to take bold declsions, in the interest of natiônal reconciliation, that can guide the country to a new political dispensatlon and a permanent constitutional order;

Agree to immediately cease afi hostııe activlties wlthin twenty four (24) hours of the signing of this agreement, thus re-dedicating ourselves to the Cessation of Hostilities Agreement of 23 January 201'1;

and further agree to facilitate the full deployment of IGAD Monitoring and Verification Mechanism (MVM).

commit to disengage and separate forces and refrain from any provocative action or combat movement until a permanent ceasefıre is agreed and signed;

Agree to issue orders to all their respective commands and units, on signing of the agreement, instructing full and immediate cessation of hostilities, cooperation with the IGAD MVM, and facllitatıon of humanitarian access;

and the receipt of orders at command level shall be verlfıed by the IGAD MVM in a week after signing this agreement;

Agree to open humanitarian corridors, in accordance with the Cessation of Hostilities Agreement of 23 January 2014, and the 5 May 2014 "Roccommitment on Humanitarian Matters in teh CoH Agreement";

and to cooperate, unconditionally, with the UN and humanitarian agencies to ensure that humanitarian aid reaches affected populations in all areas of South Sudan.

Resolve to engage in substantıve dlscussıons, vıa tlıe IGAD-led peace process, on the Agenda as constltuted by the medlatlon process;

Agree that a transltlonal government of nntloncıl unlty will offer the best chance for the people of south Sudan to take the country forward;

and that such a government shall oversee govcrnrnent functlons durlng a transitional period implement crıtıcal rnfornıs, as rıegotltıted through the peace process, oversee a pernıanent conslltutlon proccss, and gulde the country to new election;

and thus dlrect our rcspectlve representatlves to the IGAD-led peace process to negotlatc tile t-erms ofa transltloncı l government of natlonal unity.

Agree to ensure the lncluslon of all South Sudanese stakeholders in the peace process, and the negotiatlon of a transltlonal government of national unlty, in order to ensure broad ownershlp of the agreed outcomes;

stakeholders include:

the two direct negotiators (the GRSS and the SPLM/A in opposition), and others such as the SPLM leaders (former detainees), political parties, civil society, and faith-based leaders.

Agree ttıat ttıese other stakeholders shall participate, in negotiations on transitional govemance, the permanent constitution, and any other items that concern the political future of the country and reconciliation of South Sudanese communities.

Agree to fulfy cooperate with the AU Commlssion of Inquiry and facilitate irnplementation of its forthcoming recommendations;

Agree to meet again, withln one month, under IGAD auspfces, to facilitate continued progress on the aforementloned lssues and resolution of the crisis·

[Signatures]