Agreement on Cessation of Hostilities between the Government of the Republic of South Sudan (GRSS) and the Sudan People’s Liberation Movement/Army (In Opposition) (SPLM/A in Opposition)

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Country/entity: South Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on Cessation of Hostilities between the Government of the Republic of South Sudan (GRSS) and the Sudan People’s Liberation Movement/Army (In Opposition) (SPLM/A in Opposition)
Date: 23 Jan 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: The Government of the Republic of South Sudan; Sudan People's Liberation Movement/ Army (in Opposition)
Third parties: -
Description: A ceasefire agreement giving provisions for a Cessation of Hostilities; CESSATION OF HOSTILE PROPAGANDA; PROTECTION OF CIVILIANS; HUMANITARIAN ACCESS; MONITORING AND VERIFICATION; COMPOSITION OF MVT; OPERATIONS OF THE MVT; POSITIONS OF THE FORCES; AMENDMENTS TO THIS AGREEMENT; DISPUTE RESOLUTION; ENTRY INTO FORCE

Agreement document: SS_140123_Cessation of Hostilities.pdf (opens in new tab) | Download PDF

Main category: Page 3, 3. PROTECTION OF CIVILIANS
3.2 The Parties shall refrain from any acts of rape, sexual abuse and torture as prohibited by applicable national, continental and international instruments;
3.3 The Parties shall not engage in any acts of violence against children, girls, women and the elderly and more importantly, they shall support the reunion of families;

6. Composition of MVT [Monitoring and Verification Team]
6.3. The MVT at local levels shall:
6.3.c. identify the local committees from traditional and religious leaders, women and youth representatives;

Women, girls and gender

Participation: Participation→Effective participation
Page 5, 6. Composition of MVT [Monitoring and Verification Team]
6.3. The MVT at local levels shall:
6.3.c. identify the local committees from traditional and religious leaders, women and youth representatives;
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: Violence against women→Sexual violence
Page 3, 3. PROTECTION OF CIVILIANS
3.2. The Parties shall refrain from any acts of rape, sexual abuse and torture as prohibited by applicable national, continental and international instruments;
Violence against women→Gender-based violence/VAW (general)
Page 3, 3. PROTECTION OF CIVILIANS
3.3. The Parties shall not engage in any acts of violence against children, girls, women and the elderly and more importantly, they shall support the reunion of families;
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

INTERGOVERNMENTAL

AUTHORITY

ON DEVELOPMENT

1 G AD

AUTORITE

INTERGOUVERNEMENTALE

POUR LE DEVELOPPEMENT

AGREEMENT ON CESSATION OF HOSTILITIES BETWEEN THE

GOVERNMENT OF THE REPUBLIC OF SOUTH SUDAN (GRSS) AND THE

SUDAN PEOPLE'S LIBERATION MOVEMENT / ARMY (IN OPPOSITION)

(SPLM/ A IN OPPOSITION)

The Government of the Republic of South Sudan (hereinafter referred to as the

"Government" abbreviated as "GRSS"), and the Sudan People's Liberation

Movement/ Army (in Opposition) (hereinafter referred to as (SPLM/ A in

Opposition), separately referred to as a Party and jointly referred to as "the

Parties" agreed to this Cessation of Hostilities (CoH) Agreement (hereinafter

referred to as "the Agreement'')

NOTING that the Preamble of the Transitional Constitution of the Republic of

South Sudan, 2011 states that the Parties are dedicated to a genuine national

healing process and building of trust and confıdence in South Sudanese society

through dialogue;

CONSIDERING the scale of human suffering that has engulfed the Republic of

South Sudan since ısth December 2013, and resulted in great loss of human life,

destruction of property and massive displacement;

CONSCIOUS of the fact that this crisis was triggered by differences within the

same political organization, the SPLM, that induced military confrontation within

the SPLA;

DETERMINED to seek a peaceful solution to the crisis within a framework of

cessation of hostilities where verifıcation and monitoring mechanism, which shall

be supported by loca!

communities, shall be put in place to monitor compliance

and evaluate the progress;

Page l 1

BEARING in mind that the Intergovernmental Authority on Development (IGAD)

and the international community are concerned about the violence and

humanitarian crisis resulting from the armed conflict in South Sudan;

RECOGNISING the various efforts to bring a peaceful resolution to the crisis by

IGAD, the African Union (AU), the United Nations (UN), the European Union

(EU), the Troika (Norway, UK, and USA), China, and the IGAD Partners' Forum

(IPF);

MINDFUL of the desire of the people of South Sudan to live in peace and

dignity, and in an all-inclusive democratic society based on justice, equality,

respect for human rights and the rule of law;

and

REAFFIRMING the commitment of the Parties to building a unifıed, stable and

peaceful nation in which power shall be peacefully transferred;

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. DECLARATION OF CESSATION OF HOSTILITIES

ı. ı The Parties hereby agree to cease all military actions aimed at each other

and any other action that may undermine the peace process;

1.2 The Parties shall, upon the coming into effect of this Agreement;

a) commit to immediately cease all military operations and freeze their

forces at the place they are in;

b) refrain from taking any actions that could lead to military confrontations

including all movement of forces, ammunition resupply, or any other

action that could be viewed as confrontational;

c) ensure that all forces or armed groups under their influence, control

or/and command shall observe this Agreement;

d) disengage forces or ar med groups under their control;

e) Redeploy and/or progressively withdraw forces, armed groups and allied

forces invited by either side from the theatre of operations in the

Republic of South Sudan;

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1.3 The time for lifting the State of Emergency shall be recommended by the

Monitoring and Verifıcation Mechanism;

2. CESSATION OF HOSTILE PROPAGANDA

2.1 The Parties shall cease hostile media and other propaganda campaigns

including any action that may undermine the peace process;

2.2 The Parties shall not engage in any hostile propaganda, particularly those

that fan ethnic hatred, through any form of media.

3. PROTECTION OF CIVILIANS

3.1 The Parties shall refrain from attacks on the civilian population and commit

to the protection of human rights, life and property as provided by various

national, continental and international instruments;

3.2The Parties shall refrain from any acts of rape, sexual abuse and torture as

prohibited by applicable national, continental and international

instruments;

3.3The Parties shall not engage in any acts of violence against children, girls,

women and the elderly and more importantly, they shall suppôrt the

reunion of families;

3.4The Parties shall cease acts of violence including summary executions,

displacement of populations, all forms of torture, destruction of property,

attacking civilian aircrafts, vehicles or riverboats, recruitment of child

soldiers or any other acts as prohibited by applicable national, continental

and international instruments.

4. HUMANITARIAN ACCESS

4.1 The Parties shall open humanitarian corridors, support all humanitarian

assistance, including the creation of conditions that enhance urgent supply

of aid to all displaced populations in line with the Communique of the 23rd

Extraordinary Session of the IGAD Assembly of Heads of State and

~ Pagel3

Government of 2ih December 2013 and the UNSC Resolution 2132 of 24th

December 2013;

4.2The Parties agree to provide an enabling environment to facilitate decent

burials of the dead and memorialization, support reunion of families, and

any such acts that promote human dignity;

4.3The Parties undertake to assist displaced persons and refugees who wish

to return to their original areas of abode within the Republic of South

Sudan or elsewhere;

4.4The Parties commit to allow the free movement of persons and goods

within the areas affected by the armed conflict;

4.5 Nothing in this Agreement shall in any way undermine the dignity and

sovereignty of the people of South Sudan

4.6The United Nations Mission in South Sudan (UNMISS) and International

Humanitarian agencies operating in the territory of the Republic of South

Sudan will operate extending humanitarian assistances as per their stated

mandates.

5. MONITORING AND VERIFICATION

5.1 The Parties shall commit to the immediate formation ofa Monitoring and

Verifıcation Mechanism (MVM) under the leadership of IGAD;

5.2The IGAD Special Envoys in consultation with the Parties shall establish a

Joint Technical Committee (JTC) responsible for setting up a Monitoring

and Verification Team (MVT) and drawing up the modalities for the

implementation mechanism;

5.3The MVM shall be responsible for monitoring the implementation of this

Agreement;

5.4The MVT, whose membership will be determined by JTC shall be approved

and be accountable to the IGAD Special Envoys;

5.SThe MVT shall verify and report to IGAD Special Envoys on the Parties'

compliance with the Agreement, including the requirements to protect

c-~ .J Page 1 4

civilians.

The team may use its discretion in deploying verifıcation missions

on the basis of credible information, complaints submitted by the Parties,

and/or direct requests from the IGAD Special Envoys.

6. COMPOSITION OF MVT

6. 1 The MVT shall, with the consent of the Parties, be composed of

representatives drawn from IGAD Member States, the Parties and Partners

which shall include a mix of civilians, and individuals with a military

background;

6.2 The MVT shall be comprised as follows:

a. üne (1) chairman, three (3) headquarters staff, and eighteen (18)

monitors working in teams drawn from the Parties, the region and the

international community;

b. Based on the requirements on the ground, the IGAD Special Envoys may

deploy additional monitors in consultation with the Parties;

c. The Chairman shall be selected by the IGAD Special Envoys, in

consultation with the Parties, and report directly to the Special Envoys;

and

d. The IGAD Special Envoys may restructure the MVT as necessary to

achieve the stated objectives in consultation with the Parties as

appropriate;

6.3 The MVT at local levels shall:

a. collaborate with local communities in performance of their work;

b. have focal points known as local committees whose membership shall be ·

drawn by the MVT in consultation with the local community;

and

c. identify the local committees from traditional and religious leaders,

women and youth representatives;

Page 1 5

7. OPERATIONS OF THE MVT

7.1 The MVT shall monitor activities of the Parties and acts associated with

their forces, and armed groups under their control or invited allied forces

that may complicate the peace process;

7.2 The MVT shall alsa:

a. be unarmed, and shall enjoy full protection by the Parties;

b. enjoy complete freedom of movement and unhindered access

throughout all areas controlled by the Parties, and may conduct

verifıcation missions by air and/or land, as determined by the JTC;

c. have its headquarters to be based in Juba, with team sites in other

areas to be identifıed by the JTC so as to ensure maximum coverage

and agility;

d. have the aerial support which will be provided in order to conduct

verifıcations in a timely manner, as well as boats and ground vehicles to

enable local patrolling and coordination;

and

e. use its discretion to conduct verifıcation missions in response to credible

information, complaints submitted by the Parties, and/or direct requests

from the IGAD Special Envoys;

7 .3 IGAD will provide dedicated liaison officers to the headquarters and each

of the team sites in order to facilitate the safe and timely coordination of all

aerial and ground movements of the verifıcation team(s).

POSITIONS OF THE FORCES

8. 1 The Parties shall declare the positions of their forces to the JTC and ·

commit to reniain at the declared positions at the signing of this

Agreement which shall be certifıed by the MVT;

8.2The declared positions of the forces of the Parties shall be monitored by

the MVT.

Page 1 6

9. AMENDMENTS TO THIS AGREEMENT

This Agreement may be amended by mutual consent of the Parties which shall be

in writing and be signed by the Parties.

10. DISPUTE RESOLUTION

Any dispute that may arise from the implementation and interpretation of this

Agreement shall be resolved amicably by the mediation of the IGAD Special

Envoys.

11. ENTRY INTO FORCE

This Agreement shall enter into force 24 hours after the signature by the Parties.

In witness of the above, the duly authorized representatives of the Parties have

signed this Agreement on this day 23rd of January 2014, Addis Ababa, Ethiopia.

For the Government of the Republic

of South Sudan

Hon. Nhial Deng Nhial

For the Sudan People's Liberation

Movement/ Army in Opposition

Gen. Taban Deng Gai

Witnessed by the IGAD Special Envoys

Gen. Lazaro Sumbeiywo Gen. Mohamed Ahmed M. El Dabi

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