Protocol on Agreed Principles on Transitional Arrangements Towards Resolution of the Crises in South Sudan

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Protocol on Agreed Principles on Transitional Arrangements Towards Resolution of the Crises in South Sudan
Date: 25 Aug 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: Framework/substantive - comprehensive
Conflict nature: Government
Peace process: South Sudan post-secession process
Parties: Government of the Republic of South Sudan, signed by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan; Sudan People's Liberation Movement/Army (in Opposition), signed by Dr. Riek Machar Teny [unsigned], Leader of the SPLM/A; and Stakeholders (SPLM Leaders (Former Detainees), Political Parties, Civil Society, and Faith-Based Leaders) (no signatures)
Third parties: Guarantors: H. E. Hailemariam Dessalegn, Prime Minister of the Federal Democratic Republic of Ethiopia and Chairperson of the IGAD Assembly; H. E. Yoweri Museveni
President of the Republic of Uganda; H. E. Ismail Omar Guelleh, President of the Republic of Djibouti; H. E.Uhuru Kenyatta President of the Republic of Kenya; H. E. Bakri Hassan Saleh Mohammed, First Vice President of the Republic of Sudan; H. E. Abdiweli Sheikh Ahmed, Prime Minister of the Republic of Somalia;

Witnessed by Amb. Seyoum Mesfin, Chairperson of IGAD; Gen. Lazaro K. Sumbeiywo, IGAD Special Envoy to South Sudan; Gen. Mohamed Ahmed el-Dabi, IGAD Special Envoy to South Sudan

"Friends of Sudan"
United Nations Mission to South Sudan
Description: -

Agreement document: SS_140825_Protocol on Principles.pdf (opens in new tab) | Download PDF

Main category: V. Agreed Principles: Humanitarian Concerns

. . .
26. Agree to urgently institute programmes of relief, repatriation, resettlement, reintegration and rehabilitation of IDPs and returnees, and in particular, provide programmes for war/conflict affected persons (children, orphans, women, widows, war wounded, etc.), including reconstruction of war-affected areas, the terms and scope of which shall be negotiated by the stakeholders in the negotiations;

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: Particular groups of women→Refugee/displaced women
Page 5, V. Agreed Principles: Humanitarian Concerns
... 26. Agree to urgently institute programmes of relief, repatriation, resettlement, reintegration and rehabilitation of IDPs and returnees, and in particular, provide programmes for war/conflict affected persons (children, orphans, women, widows, war wounded, etc.), including reconstruction of war-affected areas, the terms and scope of which shall be negotiated by the stakeholders in the negotiations;
International law: No specific mention.
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: Development→Rehabilitation and reconstruction
Page 5, V. Agreed Principles: Humanitarian Concerns
... 26. Agree to urgently institute programmes of relief, repatriation, resettlement, reintegration and rehabilitation of IDPs and returnees, and in particular, provide programmes for war/conflict affected persons (children, orphans, women, widows, war wounded, etc.), including reconstruction of war-affected areas, the terms and scope of which shall be negotiated by the stakeholders in the negotiations;
Implementation: No specific mention.
Other: No specific mention.

Protocol on Agreed Principles on Transitional Arrangements Towards Resolution of the Crisis in South Soudan

25 August 2014

PREAMBLE

The Government of the Republic of South Sudan (hereinafter referred to as the ”Government” or the GRSS), and the Sudan People’s Liberation Movement/Army (in Opposition) (hereinafter referred to as (SPLM/A (IO)) and others namely:

SPLM Leaders (Former Detainees), Political Parties, Civil Society, and Faith-Based Leaders;

jointly referred to as “Stakeholders”;

Concerned about the grave and continuing crisis in South Soudan, resulting in senseless loss of life, mass displacement and destruction of property;

Mindful that the crisis in South Sudan cannot be permitted to continue amid the impending threat of war-induced-famine and further devastation;

Determined to end the war and restore peace and stability in the country;

Acknowledging the concerted efforts of IGAD and its Member States, which together convened five Extraordinary Summits between December 2013 and August 2014, and initiated the IGAD Peace Process for South Sudan;

Further acknowledging the extensive consultations carried out by the Special Envoys throughout the region and beyond, and the efforts toward a negotiated resolution of the crisis;

Recalling the achievements made thusfar:

the signing of the Cessation of Hostilities Agreement on 23rd January 2014, the establishment and operationalization of the Monitoring and Verification Mechanism, the deployment of a Regional Protection Force under the mandate of the United Nations Mission in South Sudan, and the progress to date of the multi-stakeholder dialogue;

Applauding the critical support provided by IGAD Partners and Friends of South Sudan to the peace process;

Do Hereby Agree the following Principles, and Further Agree, with the endorsement of the Guarantors, that the terms of a political transition shall be further determined by the agreed outcomes of the IGAD-led multi-stakeholder peace process, and that such terms shall necessarily be formulated in accordance with these Principles;

I. Agreed Principles:

Transitional Governance Arrangements

1. Establishing a Transitional Government of National Unity (TGONU) offers the best chance for the people of South Sudan to take the country forward;

2. The Head of State and Government, Commander-in-Chief of the Armed Forces of the TGONU shall be the elected, incumbent President of the Republic;

the President of the Republic shall be deputized by a Vice President of the Republic;

3. There shall be established the office of the Prime Minister nominated by the SPLM/A (IO) and who shall be acceptable to the President;

whose duties and powers shall be negotiated in the peace process.

4. The Prime Minister shall be a credible, professional and competent person to accomplish the tasks entrusted to him to coordinate the implementation of the interim process.

5. The Prime Minister shall work harmoniously with the President during the interim period.

6. The Prime Minister will not be eligible to stand for any public office in the national elections at the end of the Transitional Period;

7. The Executive of the Transitional Government shall comprise the President, the Vice President, the Prime Minister and the Council of Ministers;

8. The Transitional Period shall last for a period of 30 months;

9. National elections shall be held 60 days before the end of the Transitional Period in order to introduce a new political dispensation in South Sudan;

10. The Transitional Period shall be preceded by a Pre-Transition period of 90 days, during which tasks necessary to initiate the Transition shall be completed;

these tasks shall be negotiated by the stakeholders in the negotiations;

11. The Transitional Government shall include representatives nominated by the Government, the SPLM/A (IO), the SPLM Leaders and other Political Parties, shall be negotiated by the parties mentioned above in the negotiations;

12. The Executive shall guide the transitional agenda and national elections as shall be agreed by the participating stakeholders in the IGAD-led peace process;

13. In the event that the post of President falls vacant, the provisions of the Transitional Constitution of the Republic of South Sudan shall prevail.

Should the post of Prime Minister fall vacant during the Transitional Period, the post shall be filled by the nominee of the SPLM/A (IO), as per the terms to be negotiated;

14. Upon the adoption of the amended Constitution, the National Legislature shall be reviewed with a view to expand the National Legislature to reflect the new political dispensation that shall be negotiated by the stakeholders in the negotiations;

(nominated portion of National Legislature)

15. Individuals, groups and parties to the conflict shall be accountable for their actions.

Individuals found to have committed atrocity crimes, war crimes, or other crimes against humanity, as identified by the African Union Commission of Inquiry for South Sudan, shall not be eligible for participation in the Transitional Government, or, if already participating in the Transitional Government shall resign.

II. Agreed Principles:

Transitional Security Arrangements

16. To sign the implementation matrix of the Cessation of Hostilities Agreement, its and its addendum, and fully implement the provisions of the Cessation of Hostilities Agreement to immediately stop the war, which is contributing to the humanitarian crisis;

17. Immediately begin negotiations on a Permanent Ceasefire that will result in the declaration of the disposition of forces, cantonment, demobilization, disarmament and reintegration, and the eventual withdrawal of allied forces, in accordance with the Cessation of Hostilities Agreement, and re-unification of the hitherto fragmented national army;

18. Negotiate and agree to undertake comprehensive institutional reforms in the security sector during the Transitional Period, to restore public confidence and that lead to enduring reforms beyond the Transitional Period;

19. Establish during the Transitional Period a competent and effective oversight mechanism to help oversee implementation of the security sector reform programme and ensure accountability amongst the security agencies;

III. Agreed Principles:

Resource, Economic, and Financial Management

20. In accordance with existing international best practices, standards and norms, introduce during the Transitional Period a programme of economic and public financial management reform, implemented in accordance with the existing institutional and legal architecture;

the terms of the reform programme shall be negotiated by the stakeholders in the negotiations;

21. Establish during the Transitional Period, a competent and effective oversight mechanism to help oversee implementation of the reform programme and ensure transparency and efficiency in public financial management.

22. Agree to a resource sharing framework for the revenues from the extraction of natural resources that balances the needs for national development, service delivery and reconstruction of the country, and be allocated by a formula to be negotiated by the stakeholders in the negotiations;

IV. Agreed Principles:

Transitional Justice, Reconciliation, and Healing

23. Establish during the Transitional Period, a National Commission for Truth, Reconciliation and Healing, which will be hybrid in composition, to spearhead efforts to address the legacy or conflict in South Sudan;

the terms and mandate of the Commission shall be negotiated by the stakeholders in the negotiations;

24. Establish during the Transitional Period, an independent judicial body to investigate and prosecute individuals bearing the greatest responsibility for violations of international humanitarian law, and/or applicable South Sudanese law, committed since 15 December 2013;

the terms and mandate of this body shall be negotiated by the stakeholders in the negotiations;

V. Agreed Principles:

Humanitarian Concerns

25. Given the impending threat of war-induced-famine, the Government and SPLM/A (IO), as a matter of urgency, immediately and jointly agree to fully support the international call for humanitarian assistance to South Sudan, and agree to facilitate the necessary humanitarian access assessment and assistance initiatives;

26. Agree to urgently institute programmes of relief, repatriation, resettlement, reintegration and rehabilitation of IDPs and returnees, and in particular, provide programmes for war/conflict affected persons (children, orphans, women, widows, war wounded, etc.)

including reconstruction of war-affected areas, the terms and scope of which shall be negotiated by the stakeholders in the negotiations;

VI. Agreed Principles:

Parameters for a Permanent Constitution Process

27. The TGONU to initiate and oversee a permanent constitution-making process, during the Transitional Period, based on the principles of federalism and taking into account unity in diversity, and to devolve more power to the states.

The terms and parameters of this process shall be negotiated by the stakeholders in the negotiations;

VII. Timetable to Complete Negotiations

28. That upon the signing of this Protocol, the stakeholders commit to negotiate and complete the agreement within a period of 45 days.

SIGNATORIES:

.......................................... ..........................................

H.E. Salva Kiir Mayardit Dr Riek Machar Teny

President of the Republic of South Sudan Leader of the SPLM/A (In Opposition)

.......................................... ..........................................

H.E. Hailemariam Dessalegn H.E. Yoweri Museveni

Prime Minister of the Federal Democratic President of the Republic of Uganda

Republic of Ethiopia and

Chairperson of the IGAD Assembly

.......................................... ..........................................

H.E. Ismail Omar Guelleh H.E. Uhuru Kenyatta

President of the Republic of Djibouti President of the Republic of

Kenya

.......................................... ..........................................

H.E. Bakri Hassan Saleh H.E. Abdiweli Sheikh Ahmed

Mohammed

First Vice President of the Prime Minister of the Republic of

Republic of Sudan Somalia

WITNESSED BY THE IGAD SPECIAL ENVOYS FOR SOUTH SUDAN:

.......................................... ..........................................

Amb. Seyoum Mesfin Gen. Lazaro K. Sumbeiywo

Chairperson

..........................................

Gen. Mohamed Ahmed El-Dabi