Areas of Agreement on the Establishment of the Transitional Government of National unity (TGoNU) in the Republic of South Sudan

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Areas of Agreement on the Establishment of the Transitional Government of National unity (TGoNU) in the Republic of South Sudan
Date: 1 Feb 2015
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
Peace process: South Sudan post-secession process
Parties: The 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 H.E. Dr. Reik Machar Teny, Chairman and Commander in Chief, SPLM/SPLA (In Opposition)
Third parties: Agreement witnessed by:
H.E. Hailemariam Dessalegn, Prime Minister of the federal Democratic Republic of Ethiopia and Chair of the Intergovernmental Authority on Development.
H.E. Uhuru Kenyatta, President of the Republic of Kenya and Rapporteur of the Intergovernmental Authority on Development.
Description: Short implementation agreement providing provisions for creating a Transition Government of National Unity; Power Sharing Ratios; a National Assembly; Transitional Security Arrangements; Justice, Accountability, Reconciliation and Healing, Joint Monitoring and Evaluation Commission; and a completion of Negotiation on Outstanding Issues.

Agreement document: SS_150201_Agreement on the Establishment of the Transitional Government of National unity (TGoNU).pdf (opens in new tab) | Download PDF

Main category: II Power Sharing Ratios [...],
C. Services and Social Development Cluster [...],
... v. Minister of Gender, Child and Social Welfare

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: New institutions→Institutions for women
Page 3, II. Power Sharing Ratios
...
C. Services and Social Development Cluster
...
v. Minister of Gender, Child and Social Welfare
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

AREAS OF AGREEMENT ON THE ESTABLISHMENT OF THE TRANSITIONAL GOVERNMENT OF NATIONAL UNITY (TGoNU) iN THE REPUBLIC OF SOUTH SUDAN

We, the Government of the Republic of South Sudan (hereinafter referred to as the "GRSS").

The Sudan People's Liberation Movement/Army (in Opposition (hereinafier referred to as the (SPLM/A (10)), jointly referred to as "the Parties" to this Agreement;

Cognizant of the tremendous damagc and suffering caused by the crisis in our country, the

Republic of South Sudan, since December 2013;

Recognizing the grave danger posed by the continuation of confl ict in South Sudan;

Further recognizing tlıat arrned conflict will only further damage the country and the lives of millions of South Sudanese;

Accepting the need for profound structural, institutional and political re fornıs in South Sudan;

Recalling thc co nımitın e nt s made to resolve the cri sis in South Sudan, namely the Cessation of Hostilities Agreement of January 23.

2014;

the Agreement to Resolve the Crisis in South Sudan of May 9, 2014, and the commitment of the Pa11ies to form a Transitional Government of National Unity in South Sudan wi thout further delay;

Hereby agree the following:

1. Structure and Mandatc of the Transitional Governmcnt of National Unity

1. There shall be established in South Sudan a Transitional Government of National Unity

(TGoNU), no later than July 9, 2015.

The term of the TGoNU shall be thirty (30) months

to be preceded by a pre-Transition Peri od of three (3) months.

2. The mandate of the TGoNU shall be to:

a. Implement the Pcace Agreement and restore peace, security and order in the country;

b. Expedite the reli ef, repatriation, rehabilitation and resettl e ın e nt of IDPs and returnees;

c. Facilitate and oversee a process of national reconciliation and healing through an

independent mechanism as per the A11icles of this Peace Agrecment:

d. Oversee the Pe rın ane nt Constitution-making process;

e. Work closely with the African Union, the IGAD region, and the international community, to consolidate peace and stability in the country;

f. Ensure prudent, transparent and accountable management of national wealth and resources to build the nation and prornote the welfare of the people;

g. Carry out routine functions of govemment;

h. Rehabilitate and refonn the civil service;

i. Implernent security sector refonns and security sector transfonnation;

j. Rebuild destroyed physical infrastructure in conflict-affected areas and give special attention to prioritizing the rebuilding of livelihoods of those affected by conflict;

k. The TGONU shall establish a cornpetent and impartial National Elections Comrnission to conduct free and fair elections towards the end of the Transitional Period.

This Election shall ensure that the outcome is broadly reflective of the will of the electorate.

1. The TGonU shall conduct a National Population and Housing Census before the end of the Transitional Period.

3. in order to permit the establishment of the TGoNU no later than July 9, 2015:

a. Ali other outstanding issues of the conflict shall be resolved no later than March 5, 2015, and the Pre-Transition Peri od shall begin on April 1, 2015.

b. The Peace Agreement shall be presented to the National Legislature and National Liberation Council of the SPLMIA (10) for approval and ratifıcation as is.

c. Arnendments to the Transitional Constitution, 2011 for the incorporation of the Peace Agreement shall be presented to the National Legislature in the PreTransition Period and approved as is, and the President shall sign such amendments into law, no later than the end of the Pre-Transition Period.

ii. Power Sharing Ratios

a. Govemance Cluster

i. Minister of Cabinet Affairs

ıı. Minister offoreign Affairs and Intemational Cooperation

iii. Minister of Def ense and Veterans' Affairs

iv. Minister oflnterior

v. Minister of Justice and Constitutional Affairs

vı. Minister of National Security

vii. Minister of Parliamentary Affairs

viii.

Minister oflnfonnation, Cornmunication Technology and Postal Services

ıx. Minister in the Office of the President

b. Econornic Cluster

i. Minister of Finance and Budgetary Control

ii. Minister of Petroleurn

iii. Minister of Mining

ıv. Minister of Agriculture and Food Security

v. Minister of Livestock and Fisheries

vı. Minister ofTrade and lndustry

vii. Minister of Energy and Dams

viii.

Minister of Transport

ix. Minister of Roads and Bridges

x. Minister of Environment and Forestry

xi. Minister of Land, Housing and Urban Development

xii. Minister of Water Resources and lrrigation

xiii.

Minister of Wildlife Conservation and Tourism

c. Services and Social Developrnent Cluster

i. Minister of Higher Education, Science and Technology

ii. Minister of General Education and lnstruction

iii. Minister of Health

ıv . Minister of Labour, Public Service and Hurnan Resource Development

v. Minister of Gender, Chjld and Social Welfare

vı. Minister of Culture, Youtlı and Sports

vii. Minister of Humanitarian Affairs and Disaster Management

NB. Geological Survey Authority to be established

l. Ministerial portfolios shall be allocated amongst the Parties to this Agreement according to percentages to be negotiated.

2. Decisions by the Council of Ministers:

a. On procedural issues, decisions will require a simple majority of members of the Council of Ministers.

3. There shall be eight (8) deputy ministers as fo llows:

i. Deputy Minister of f oreign Affairs and International Cooperation

ii. Deputy Minister of Defense and Veterans' Affairs

iii. Deputy Minister of lnterior

iv. Deputy Minister of Justice and Constitutional Affairs

v. Deputy Minister of lnformation, Communication Technology and Postal

Services

vi. Deputy Mini ster of Labour, Public Service and Human Resource Development

vii. Deputy Minister of Agriculture and Food Security

viii.

Oeputy Minister of Finance and Budgetary Control

4. Ministerial and Deputy Ministerial portfolios shall be allocated by an ad-hoc conunittee of the Parties as per the agreed percentages.

III. National Assembly

1. The National Legislative Assembly shall oversee the implementation of the Peace Agreement and the reforms there in.

iV. Federalism

V. Transitional Security Arrangements

1. The GRSS and the SPLM/A (IO) declare and enter into a Permanent Ceasefıre , to ensure sustainable peace, effective transitional security arrangements, and the resettlement of returnees and intemally displaced persons (IDPs).

2. The Perınanent Ceasefire shall come into effect within seventy-two (72) hours of the signing of the final peace agreement, and shall apply to ali forces of the GRSS and the SPLM/A (10), and ali other forces, arıned groups, or militias allied to either Party.

3. The Permanent Ceasefıre shall be based on the articles of the Cessation of Hostilities Agreement (CoHA) of January 23, 2014 and its implementation modalities matrix.

The Parties agree to maintain the current CoHA until the declaration of the Perınanent Ceasefire, and shall disseminate appropriate orders to their troops and allies, in line with this Agreement and the final peace agreement, immediately upon signing of the final peace agreement.

4. As of the date of this Agreement, the Parties recommit to the Cessation of Hostilities Agreement of January 23, 2014 and its implementation matrix.

The Parti es agree that any verified breach of the CoHA will be denounced by IGAD and IGAD will take appropriate action against the breaching Party.

Any violation will be reported to the African Union Peace and Security Council and the United Nations Security Council for further action.

VI. Justice, Accountability, Reconciliation and Healing

1. The Commission for Truth, Reconciliation, and Healing shall be established to spearhead efforts to address the legacy of conflict in South Sudan.

Eminent African personalities and others shall assist the process.

The mandate of the Commission shall be to establish an accurate and impartial historical record of human rights violations, identify victims and perpetrators, record the experiences of victims, and facilitate local and national reconciliation and healing.

2. The independent hybrid judicial body, with participation from South Sudanese and eminent African lawyers and jurists, shall be established to investigate and prosecute individuals bearing the greatest responsibility for violations of international humanitarian law, and/or applicable South Sudanese law, committed since December 15, 2013.

VII. Regional and International Stabilization Force

VIII.

Participation of the Other Political Parties

IX. Joint Monitoring and Evaluation Commission

1. During the Pre-Transition Period, the Parties, in conjunction with the Guarantors, agree to establish a Joint Monitoring and Evaluation Commission (JMEC).

2. The JMEC will be responsible for monitoring and overseeing the implementation of the Agreement and the mandate and tasks of the TGoNU, including the adherence of the Parties to the agreed timelines and implementation schedule.

in case of nonimplementation of the mandate and tasks of the TGoNU, or other serious defıciencies, the JMEC shall recommend appropriate corrective action to the TGoNU.

X. Completion of Negotiations on Outstanding Issues

The Parties will be provided with the opportunity for consultation until the resumption of negotiations on February 19, 2015 as per the request of the Parties.

These consultations will be the final negotiations and will be conducted by the two Principals.

The Parties agree to complete negotiations on all the other outstanding issues and sign a Peace Agreement no later than March 5, 2015.

XI. Annexed lssues

Aımexed to this document is the 'PROPOSAL - AGREEMENT ON THE ESTABLISHMENT OF THE TRANSITIONAL GOVERNMENT OF NATlONAL UNITY (TGoNU) iN THE REPUBLIC OF SOUTH SUDAN' containing thc results of negotiations of January 28 - February 1.

2015 which shall fom1 the basis for the continuation of the negotiatioııs.

Done in Addis Ababa.

this 1 sı of Febnıary 20 15.

H. E. Sal va Kiir Mayardit

Pres ident of the Republ ic of South Sudan

H. E. Dr. Riek Machar Teny

Chairman and Comma nde r-in - Ch i e1~

SPLM/SPLA (In Opposition)

WITNESSE~Y:

H. E. Hailemariarn Dessalegn

Prime Minister of the Federal Democratic Republic of Ethiopia

and Chair o the Tntergovemmental Authoriry on Development

H. E. Uhuru Kenyatta

President of the Republic of Kenya

and Rapporteur of the 1 ntergovernmental Aut 1