Agreement on the Resolution of the Conflict in the Gbudue and Maridi States

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on the Resolution of the Conflict in the Gbudue and Maridi States
Date: 2 Apr 2016
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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: Framework/substantive - comprehensive
Conflict nature: Government/territory
Peace process: South Sudan: Post-secession Local agreements
Parties: 1. THE PARTIES

Hon. Tut Gatluak Manimi
Presidential Advisor
For the Government
Republic of South Sudan (RSS)

Commander Mbereke John Faustino
Leader
For South Sudan National Liberation Movement (SSNLM)
Third parties: 2. FOR THE FAITH BASED MEDIATION

Barani Eduardo Hiliboro Kussala
Bishop and Chairperson of Faith Based Council

3. WITNESS TO THIS AGREEMENT

UNMISS Representative
South Sudan
Headquarter

4. STAKEHOLDERS

Chief Wilson Peni Rikito
Paramount Chief
Representative of Traditional Authority

Simple John Bakeaki
Youth Representative
Civil Society Organization

Christine Joseph Ngbaazande
Representative of Women Group-WES
Description: This agreement between the Government of the Republic of South Sudan (RSS) and the South Sudan National Liberation Movement/Army (SSNLM/A) recommits the parties to a ceasefire and to pursuing reconciliation. It also sets out the specifics of integrating SSNLM/A forces into the national army.

Agreement document: SS_160402_Agreement on the Resolution of the Conflict in the Gbudue and Maridi States.pdf (opens in new tab) | Download PDF

Local agreement properties

Process type: Formal structured process
Rationale: This agreement is directly related to the 'Agreement on the Cessation of Hostilities between the Government of the Republic of South Sudan (RSS) and the South Sudan National Liberation Movement/Army (SSNLM/A)' (signed on the same day), and was mediated by the Faith Based Council of Peace. According to a secondary source, the South Sudanese government and the SSNLMA previously signed a 'preliminary peace agreement' in November 2015 (see reference Reliefweb, 2015).
Is there a documented link to a national peace process?: Yes
Link to national process: articulated rationale: The agreement refers to the Agreements on the Resolution of the Conflict in the Republic of South Sudan (ARCSS). The SSNLM was one of the direct opponents of the SPLA in the macro conflict in South Sudan, and the agreement was concluded directly between the South Sudanese government and the SSLNM/A. The agreement can thus be regarded as linked to and complementary to the national-level peace process (also see reference Alan Boswell, 2019).
Name of Locale: Gbudue and Maridi States (Western Equatoria State)
Nature of Locale: Region
GPS Lat/Long (DD): 4.567000, 28.400000
Participant type: Central state actor
Local armed group
International or transnational actor
Domestic religious organisation/leader or other elder
Local community/civilian group(s)/civil society organisations
Mediator, facilitator or similar: Mediator or similar referred to
Mediator (references): Mediators: Faith Based Council for Peace (FBCP); Bishop and Chairperson of Faith Based Council, Barani Eduardo Hiiboro Kussala
Type of mediator/facilitator/similar: Domestic religious organisation/leader or other elder

Local issues

Ritual/prayer and process (including use of scripture): No specific mention.
Grievance List: Page 2, 1. Preamble, CONSCIOUS of the need to end the suffering of the communities and the problem of displacement amongst the population; and

Page 5, 4. 1. Special Considerations, 4.3 The list of grievances and demands of SSNLM/A stated in November 16th 2015 Preliminary agreement have been acknowledged and will be dully and mutually addressed by the Government of South Sudan such as:...
Cattle rustling/banditry: No specific mention.
Social cover: No specific mention.

Agreement on the Resolution of the Conflict in the Gbudue and Maridi States (Former Western Equatoria State)

Between the Government of the Republic of South Sudan (RSS) and the South Sudan National Liberation Movement/Army (SSNLM/A)

In the Gbudue and Maridi States (Former Western Equatoria States), Yambio, 2nd April 2016

PREAMBLE

The Government of the Republic of South Sudan and the South Sudan National Liberation movement met in Yambio the State capital of the former Western Equatoria State, between November 16th and January 12, 2016 under the auspices of the Faith Based Council for Peace (FBCP) on the Western Equatoria state peace dialogue chaired by Bishop Barani Eduardo Hiiboro Kussala:

DETERMINED to achieve and promote unity amongst the different ethnic communities in the state including the Azande, Avokaya, Baka, Balanda, Bongo, Jur Bel, Moru, Mundu, and other tribes residing in the State being multicultural, multi-lingual and multi-religious;

COMMITTED to the Agreement on the Cessation of Hostilities and to abandon the culture of revenge including inhuman acts like torture, rampant killing of the innocent and respect for human dignity;

MINDFUL of the fact that South Sudan is in need of a peaceful and durable solution to the issues that made the SSNLM/A resort to the option of violence;

AWARE of the need to support the implementation of the Agreement on the Resolution of the Conflict in the Republic of South Sudan for a just and sustainable Peace throughout the country;

ACKNOWLEDGING the preliminary Peace Agreement and the need to promote inclusive and democratic society founded on the rule of law;

FURTHERMORE AWARE of the need for harmony, stability, reconciliation and national healing;

CONSCIOUS of the need to end the suffering of the communities and the problem of the displacement amongst the population;

and

NOW THEREFORE, the parties agree to abide by the terms of this Comprehensive Peace Deal (CPD) and respect its implementation to the letter and spirit:

2. GUIDING PRINCIPLES

2.1 The Republic of South Sudan is governed on the basis of a decentralized democratic system and is an all-embracing homeland for her people;

2.2 In particular the Gbudue and Maridi states is equal homeland for the Azande, Avokaya, Baka, Balanda, Bongo, Jur, Muru, Mundu and other tribes respectively, it is therefore a multi-ethnic, multicultural, multilingual and multi-religious State where such diversities shall co-exist peacefully and shall not be interrupted by the administrative divisions of the area into the newly created states of Gbudue, Maridi.

2.3 A firm commitment to a lasting solution to the existing root causes of the conflict in the Gbudue and Maridi states for a sustainable peace founded on justice, equality, respect for human rights and fundamental freedoms.

2.4 Reconciliation processes in the Gbudue and Maridi States shall be inclusive and shall be held in a consultative manner involving the parties and others.

The process shall be established by Legislation promulgated by the legislative assemblies of both Gbudue and Maridi States.

Such legislation shall outline the mechanisms and methods of the reconciliation process.

2.5 In the implementation of this agreement, the parties shall promote positive communication to enhance confidence building.

3. SECURITY ARRANGEMENTS

3.1 Recommitment to the cessation of hostilities and permanent Ceasefire

The parties recommit themselves to fully respect and observe the cessation of hostility agreement signed between the parties on 2nd April 2016 and now further re-affirm their commitment to the general amnesty announced by the president on several occasions since 2014.

3.2 Integration of the SSNLM/A

3.2.1 General Principles

The parties agree that the forces of the former SSNLM/A shall be peacefully integrated into the ranks of the national army, South Sudan Police Service and other organized forces.

3.2.2 The parties further agree that the number of the force ranks of the former SSNLM/A at all levels that will be integrated are subject, where necessary, to the general policy of the country’s army structure and all other law enforcement organs.

3.2.3 The parties shall agree on cantonment/assembling area which shall be identified by the SSNLM/A within Gbudue State.

3.2.4 The government shall provide for the needs of the SSNLM/A in the cantonment after signing of the agreement.

3.2.3 Establishment of a committee for peaceful Integration

To effect clause 3.2 above, the parties agree that:

Within sixty days (60) of signing of this Agreement, an Integration Committee consisting of eight members shall be established by the leaders of the two parties to this agreement;

which shall be known as a Joint Military Technical Committee (JMTC) comprising equal number to integrate SSNLM/A forces into the national army, and other organized forces based on their qualifications and capabilities and the rules and regulations governing these institutions and in accordance with the Security Sector Reforms stipulated in the Agreement on the Resolution of the Conflict in the Republic of South Sudan.

The JMTC shall consist of members of the SSNLM/A, Ministry of Defense, Ministry of Interior and the National Security Service.

A nine member Peace Monitoring Committee (PMC) consisting of two representatives from the Faith Based Council for Peace (FBCP), one each from SPLA, SSNLM/A, NSS, National Police Service, UNMISS, women group, civil society and traditional leaders shall monitor and supervise the implementation of this Agreement including but not limited to the integration process and shall resolve any potential dispute that may arise or occur in relation to the implementation of this agreement.

Should the PMC fail to resolve any dispute that may arise in the process of implementing this Agreement, then the faith based council shall provide necessary political guidance in resolving such matter.

3.3 The Functions and terms of reference of the JMTC shall include:

3.3.1 The screening, training, integration, organization and deployment of the former SSNLM/A into the national army and organized forces shall be concluded within Gbudue State.

Upon conclusion and completion of the agreed numbers including the ranks, this security arrangement shall be an integral part of this agreement.

3.3.2 The deployment of former SSNLM/A into the South Sudan Police Service and other organized forces shall be done in accordance with the internal regulations that govern these institutions mindful of the different ethnicity that constitute former Western Equatoria State.

3.3.3 The JMTC shall, upon its formation, jointly develop its elaborate terms of reference which shall facilitate a smooth integration process and this shall be done and shared with FBCP and the leadership of the two parties to this agreement.

3.3.4 The integration process of the former SSNLM/A into the national organs as specific in clause 3.3 above shall commence within twenty-one (21) days after the formation of the JMTC.

4.1 Special Considerations

After the screening exercises and identification of disabled and school age soldiers from the former SSNLM/A, they shall be entitled for the service suitable to a disabled, school age soldier and people with special needs from the relevant offices of the National army and the Government of Gbudue and Maridi States.

4.2 Special consideration for creating rehabilitation centers for taking care of conflict affected communities in Gbudue and Maridi states shall benefit from rehabilitation facilities to be established under agreement for the resolution of the conflict of south Sudan.

4.3 The list of grievances and demands of SSNLM/A states in November 16th 2015 Preliminary agreement have been acknowledged and will be dully and mutually addressed by the Government of South Sudan such as:

4.4 Members of the SSNLM/A who may not be integrated into the military and other organized forces may be absorbed into appropriate government institutions or trained and supported to pursue self-employment based on their qualifications.

5. COMING INTO FORCE

In witness of the above, the Government of the Republic of South Sudan and the South Sudan National Liberation Movement/Army have agreed and signed this agreement on 2nd of April 2016 AD in Yambio, the former Western Equatoria State Headquarters

THE PARTIES

Hon. Tut Gatluak Manimi

Presidential Advisor

For the Government

Republic of South Sudan (RSS)

Commander Mbereke John Faustino

Leader

For South Sudan National Liberation Movement (SSNLM)

2. FOR THE FAITH BASED MEDIATION

Barani Eduardo Hiliboro Kussala

Bishop and Chairperson of Faith Based Council

3. WITNESS TO THIS AGREEMENT

UNMISS Representative

South Sudan

Headquarter

4. STAKEHOLDERS

Chief Wilson Peni Rikito

Paramount Chief

Representative of Traditional Authority

Simple John Bakeaki

Youth Representative

Civil Society Organization

Christine Joseph Ngbaazande

Representative of Women Group-WES

Annex 1:

Timeframe

01 Signing of peace agreement

02 3.2.I-Establishment of JMC – 60 days

03 3.2.II Establishment of PMC

04 3.3.4 Process on development of ToR for JMC – 21 days

05 3.3.3 Sharing of ToR with parties and PMC

06 3.3.4 Beginning of integration process – 21 days

07 3.2.3 Establishment of cantonment – 60 days