Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS)

4. Resource Management

4.1 Oil/Petroleum

4.1.1 The TGoNU, through the Ministries of Petroleum and Finance and Economic Planning, shall implement the provisions of the Petroleum Revenue Management Act (PRMA), 2012, within three (3) months of the Transition Period.

4.1.2 The TGoNU through the Minister of Finance and Economic Planning, the Minister of Petroleum, and the Governor of the Bank of South Sudan (BoSS) shall mandate the closure of any petroleum revenue accounts other than those approved by law within three (3) months of the start of the Transition.

4.1.3 Within six (6) months of the Transition all loans and contracts collateralized or guaranteed against oil shall be identified, checked and recorded for the purposes of transparency and accountability.

4.1.4 Current employment in the oil sector shall be reviewed given that employment in this sector has not been based on merit and competence, but largely on ethnic, political and regional considerations.

4.1.5 Review, vet and take corrective measures against all contracts awarded to service companies operating in the oil fields. Any companies found to be non-performing shall have their contracts terminated and new contracts awarded through an open public tender process by the Ministry of Petroleum in accordance with guidelines set by law.

4.1.6 Priority in contracting Service Companies shall be given to nationals of South Sudan. The companies awarded such contracts shall ensure that local communities are given priority in employment;

4.1.7 Oil marketing system including future sales shall be open, transparent and competitive; and any fraudulent dealings shall be checked and severely punished.

4.1.8 Awards of oil concessions shall be conducted in accordance with the provisions of the revised Petroleum legislation. The National Petroleum and Gas Commission shall play a key role in processing oil contracts.

The framework for sharing wealth from the extraction fo natural resources should balance the needs of service delivery and reconstruction of the producing States.

4.1.9 All oil revenue including surface rentals, training fees, bonuses, etc., shall be remitted to the oil account in BoSS and withdrawals shall be in accordance with the law and procedures of the Ministry of Finance and Economic Planning.

4.1.10 The oil revenue funds including the Oil Stabilization Account (OSA) and Future Generations’ Fund (FGF) must be prudently managed in accordance with the applicable legislation, in particular the revised Petroleum Act and the revised Public Finance Management and Accountability Act.

4.1.11 Communities in whose areas development of subterranean natural resources occur have the right to participate through their respective States in decision making and negotiation of contracts for the exploration, development, production and use of those resources.

4.1.12 Persons enjoying rights to land are entitled to compensation on equitable terms arising from acquisition or development of land for the extraction of subterranean natural resources from the area in which they have rights.

4.2 Land

4.2.1 The TGoNU shall expedite the following measures relating to the land policy and administration:

4.2.1.1 Within twelve (12) months of the Transitional Period, initiate an in-depth national debate to review the current national land policy and the Land Act, 2008, in order to achieve consensus over land tenure, use, management and address issues of land grabbing, other malpractices involving land, carry out necessary reforms, undertake mapping, and to maximize economic utilization of land in South Sudan;

4.2.1.2 Within eighteen (18) months of the Transitional Period, establish an independent Registry of Lands at all levels of government for issuance of title deeds;

4.2.1.3 Empower the Land Commissions at different levels of Government to develop and interpret legislation regarding land issues and to reflect customary laws and practices, local heritage and institutional trends;

4.3 The Nile and Other Water Resources

TGoNU shall develop a comprehensive policy for the use and management of South Sudan’s water bodies, including but not limited to river Nile;

4.4 Agriculture, Livestock, Fisheries, Wildlife and Tourism

The TGoNU shall initiate policies, strategies and programs for the management and development of Agriculture, Livestock, Wildlife, Tourism and Fisheries;

5. Environmental Protection

5.1 The TGONU shall develop comprehensive policies and legal and institutional frameworks for the preservation, conservation and sustainable use of the environment.

6. Public Finance and Economic Management

6.2 Wealth Sharing and Revenue Allocation

6.2.5 The proportion of the natural resource wealth of South Sudan shared with the States and counties shall be increased and that the terms of the increment and formulate to be applied shall be determined in the permanent constitution;

1. Establishment, Seat and Term of TGoNU

1.5 The TGoNU shall hold Elections sixty (60) days before the end of the Transition Period in order to establish a democratically elected government.

2. Mandate of TGoNU

2.1.12 Establish a competent and impartial National Elections Commission (NEC) to conduct free and fair elections before the end of the Transitional Period and ensure that the outcome is broadly reflective of the will of the electorate;

16. National Elections

16.5 The National Election Commission (NEC) shall organize Elections for President, the National Assembly, State Governors and State Assemblies sixty (60) days prior to the end of the Transition Period and shall ensure that the outcome is broadly reflective of the will of the electorate.

10. Council of Ministers

10.5 Selection of Ministries and Appointed Procedure for Ministers and Deputy Ministers

10.5.2 In accordance with the TCRSS provisions providing for the participation of women in the Executive (25%), the GRSS shall nominate no fewer than four (4) women to the Council of Ministers, and the South Sudan Armed Opposition shall nominate no fewer than three (3) women to the Council of Ministers. Parties shall give due consideration to national diversity, including regional representation, in appointing their nominees.

10.5.4 Deputy Ministers shall be appointed by the Party holding the respective Ministry in accordance with the TCRSS provisions on the participation of women in the executive, no fewer than two (2) of the Deputy Ministers shall be women.

7. Enterprise Development Fund

7.1 The TGONU shall:-

7.1.5 establish a Women Enterprise Development Fund for provision of subsidized credit for women-based enterprise development and capacity building of women entrepreneurs;

1. Permanent Ceasefire

1.4 Within seventy two (72) hours of the signing of this Agreement, the Parties shall embark on a series of Permanent Ceasefire Arrangements including cessation of hostilities, disengagement, separation and withdrawal of forces including allies of both parties (forces, militias) in the theatre of operations on the basis of the 23^rd January 2014 CoH Agreement, and report compliance to Monitoring and Verification Mechanism (MVM).

1.5 The warring parties agree to a complete withdrawal of all state security actors allied to either Party in conflict within forty five (45) days upon signing of this Agreement from the territory of the Republic of South Sudan with the exception of Western Equatoria State, based on agreements entered into by the Government of the Republic of South Sudan prior to the onset of the 15^th December 2013 crisis.

5. Transitional Security Arrangements

5.1 All military forces within Juba shall be redeployed outside a radius of 25km from the center of the national capital beginning thirty (30) days after the signing of this Agreement and complete after ninety (90) days. The demarcation of the area shall be agreed during the PCTSA workshop. Exceptions to this provision are as follows:

5.1.1 Presidential Guards

5.1.2 Guard forces to protect military barracks, bases and warehouses

5.1.3 Joint Integrated Police

4. Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM)

4.1 Upon entry into force of the Permanent Ceasefire, the existing IGAD MVM shall transition to become the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM), responsible for reporting on the progress of the implementation of the Permanent Ceasefire and Transitional Security Arrangements ({CTSA). (See Appendix II Diagram: Ceasefire Institutions Diagram).

4.2 The CTSAMM shall be responsible for monitoring compliance and reporting directly to the Joint Monitoring and Evaluation Commission (JMEC) on the progress of the implementation of the PCTSA and shall last for the duration of the Transitional Period.

CHAPTER VII: JOINT MONITORING AND EVALUATION COMMISSION (JMEC)

1. Upon the signing of this Agreement, the IGAD-led Mediation shall initiate the establishment of a Joint Monitoring and Evaluation Commission (JMEC) within fifteen (15) days whose head quarters shall be in Juba

2. The membership of the JMEC shall comprise representatives of the Parties to this Agreement, other South Sudanese stakeholders, and regional and international guarantors and partners of South Sudan, as follows:

2.1 Parties to the Agreement, six (6) members):

2.1.1 GRSS- two (2) representatives,

2.1.2 South Sudan Armed Opposition- two (2) representatives,

2.1.3 Former Detainees- one (1) representative,

2.1.4 Other Political Parties of South Sudan- one (1) representative.

2.2 Other South Sudanese Stakeholders and Adherents, seven (7) members):

2.2.1 Faith-Based Leaders- two (2) representatives,

2.2.2 Women’s bloc- one (1) representative,

2.2.3 CSO- one (1) representative,

2.2.4 Eminent personalities- one (1) representative,

2.2.5 Business groups- one (1) representative,

2.2.6 Youth- one (1) representative.

2.3 Regional Guarantors, eight (12) members):

2.3.1 Ethiopia, (Chair of IGAD)- one (1) representative,

2.3.2 Djibouti- one (1) representative,

2.3.3 Kenya, (Rapporteur of IGAD)- one (1) representative,

2.3.4 Somalia- one (1) representative,

2.3.5 Sudan- one (1) representative,

2.3.6 Uganda- one (1) representative,

2.3.7 The AU-HLAHC, five (5) each represented by One (1),

2.3.8 African Union Commission- one (1) representative.

2.4 International Partners and Friends of South Sudan, seven (7) members):

2.4.1 People’s Republic of China- one (1) representative,

2.4.2 Norway- one (1) representative,

2.4.3 United Kingdom- one (1) representative,

2.4.4 United States- one (1) representative, United Nations- one (1) representative,

2.4.5 IPF- one (1) representative.

2.5 JMEC shall be chaired by a prominent African personality appointed by the IGAD Assembly of Heads of State and Government in consultation with IGAD-PLUS Partners, and form Committees to facilitate its activities as deemed necessary. JMEC may select deputy Chairs in accordance with the number of the said Committees.

2.6 The terms of reference of JMEC shall be endorsed by the IGAD Assembly of Heads of State and Government.

2.7 An independent secretariat for JMEC shall be established and shall seek administrative international support.

3. The JMEC shall 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 non-implementation of the mandate and tasks of the TGoNU, or other serious deficiencies, the JMEC shall recommend appropriate corrective action to the TGoNU.

4. The JMEC shall oversee the work of CTSAMM, the Monitoring and Verification Mechanism (and its successor mechanism, the Ceasefire and Transitional Security Monitoring Mechanism), the Economic and Financial Management Authority (EFMA), the Strategic Defence and Security Review Board (SDSRB), the National Elections Commission (NEC), and all other transitional institutions and mechanisms created by this Agreement and established as part of the TGoNU. The CTSAMM, EFMA, the SDSRB, the NEC, CTRH and other institutions and mechanisms created by this agreement shall present regular reports to JMEC for this purpose. Notwithstanding the foregoing, JMEC may request further reports from any transitional institutions and mechanisms as it deems necessary.

5. The JMEC shall report regularly in writing to the TGoNU Council of Ministers, the Transitional National Assembly, the Chairperson of the IGAD Council of Ministers, the Chairperson for the African Union Commission, the Peace and Security Council (PSC) of the African Union and to the Secretary-General and Security Council of the United Nations on the status of implementation of this Agreement every three (3) months. Notwithstanding the foregoing, the Chairperson of JMEC may report and recommend for remedial actions on critical issues that may arise during the implementation of the Agreement to those bodies at anytime.

6. Following the establishment of the TGoNU, within one month JMEC and TGoNU shall negotiate and define functions that the TGoNU may cede to JMEC to break deadlocks and ensure implementation.

7. JMEC shall hold regular meetings at least once every month and may convene extra-ordinary meetings as may be dictated by the situation.

8. Decisions of the JMEC shall be by consensus, failing of which a simple majority shall prevail.

9. The quorum of the JMEC shall be eighteen (18), of which at least 10 of the members shall be from South Sudan and the other 8 from regional and international group.

1. Agreed Principles for Transitional Justice

1.1 Upon inception, the TGoNU shall initiate legislation for the establishment of the following transitional justice institutions:

1.1.1 The Commission for Truth, Reconciliation and Healing (CTRH);

1.3 Following their establishment, the CTRH, HCSS and CRA shall independently promote the common objective of facilitating truth, reconciliation and healing, compensation and reparation in South Sudan.

2. Commission for Truth, Reconciliation and Healing (CTRH)

2.1 Establishment of the Commission for Truth, Reconciliation and Healing (CTRH)

2.1.1 The TGoNU shall establish the CTRH as a critical part of the peace building process in South Sudan, to spearhead efforts to address the legacy of conflicts, promote peace, national reconciliation and healing.

2.1.2 The CTRH shall be established by legislation, which shall be promulgated not later than six (6) months after the formation of the TGoNU and commence its activities not later than a month thereafter. Such legislation shall, among others, outline mechanisms and methods for enabling the CTRH to discharge its duties and responsibilities.

2.1.3 The Ministry of Justice and Constitutional Affairs of the TGoNU, in collaboration with other stakeholders and the civil society, shall conduct public consultations for a period not less than one (1) month prior to the establishment of the CTRH, to inform the design of the legislation referred to in Chapter IV, Article (1.1). This notwithstanding, such consultations shall ensure that the experiences of women, men, girls and boys are sufficiently documented and the findings of such consultations incorporated in the resultant legislation.

2.1.4 The existing Committee for National Healing, Peace and Reconciliation (CNHPR) and the National Platform for Peace and Reconciliation shall transfer all of their files, records and documentation to the CTRH within fifteen (15) days since CTRH has become operational.

2.1.5 The CTRH shall recommend processes and mechanisms for the full enjoyment by victims of the right to remedy, including by suggesting measures for reparations and compensation. In the determinant of such remedial processes and mechanisms, the CTRH shall draw on existing traditional practices, processes, and mechanisms, where appropriate.

2.2 Mandate and Functions of the CTRH:

2.2.1 Without prejudice to the administration of and access to justice, the CTRH shall inquire into all aspects of human rights violations and abuses, breaches of the rule of law and excessive abuses of power, committed against all persons in South Sudan by State, non-State actors and or their agents and allies. In particular, the CTRH shall inquire into the circumstances, surrounding the aforementioned and any other connected or incidental matters. Such inquiry shall investigate, document and report on the course and cause conflict and identify or review cut-off timeframes for the operations of the CTRH, as may be determined by legislation, this Agreement or both. In that regard, the CTRH shall recommend processes for the full enjoyment by victims of the right to remedy, including by suggesting measures for reparations and compensation.

2.2.2 Without prejudice to its Mandate, the Functions of the CTRH are to:

2.2.2.1 adopt, in the implementation of its mandate, best practices for promoting truth, reconciliation and healing from Africa and elsewhere;

2.2.2.2 establish an accurate and impartial historical record of human rights violations, breaches of the rule of law and excessive abuses of power, committed by State and non-state actors from the date of signing of this Agreement to July 2005;

2.2.2.3 receive applications from alleged victims, identify and determine their right to remedy;

2.2.2.4 identify perpetrators of violations and crimes proscribed in this agreement;

2.2.2.5 recommend guidelines, to be endorsed by the TNA, for determining the type and size of compensation and reparation for victims,;

2.2.2.6 record the experiences of victims, including but not limited to women and girls;

2.2.2.7 investigate the causes of conflicts and their circumstances and make recommendations regarding possible ways of preventing recurrence;

2.2.2.8 develop detailed recommendations for legal and institutional reforms to ensure non-repetition of human rights abuses and violations, breaches of the rule of law and excessive use of power;

2.2.2.9 lead efforts to facilitate local and national reconciliation and healing.

2.2.2.10 where appropriate, supervise proceeding of traditional dispute resolution, reconciliation, and healing mechanisms. In this regard, and without prejudice to traditional justice mechanisms, develop standard operating procedures for the functioning of the latter, in accordance with the principles of natural justice.

2.2.2.11 establish a secretariat that shall function as the administrative arm of the Commission and prepare guidelines and procedures for its proper functioning.

2.2.3 The CTRH shall issue quarterly progress reports updating the TGoNU on its progress in meeting its objectives. The CTRH shall make sustained efforts to publicly and regularly inform and involve the people of South Sudan in all of its tasks and activities and be responsible for carrying out public education, awareness-raising and civic engagement activities to inform the public, in particular with youth and women, about the Commission’s work, and solicit continuous feedback.

2.2.4 The CTRH shall issue a final, public report at the conclusion of its mandate three months before the end of the Transition that shall include the observations and findings of its documentation activities and its recommendations for peace, reconciliation and healing in South Sudan.

2.3 Personnel and Appointment Procedures:

2.3.1 Commissioners, investigators and staff of the CTRH shall be persons of high moral character, impartiality and integrity. They shall be independent in the performance of their functions and shall not accept or seek instructions from any third party.

2.3.2 The CTRH shall be composed of seven (7) Commissioners, four (4) of whom shall be South Sudanese nationals, including two (2) women. The remaining three (3) Commissioners shall be from other African countries, of whom at least one (1) shall be a woman. The CTRH shall be chaired by a South Sudanese national, deputized by a non-South Sudanese national.

2.3.3 The Executive of the TGoNU shall nominate the four Commissioners of South Sudanese nationality and present to the Transitional National Assembly solely on the basis of the selection of the TGoNU, AUC and UN for endorsement. Furthermore, the Executive of the TGoNU, in consultation with the Chairperson of the African Union Commission and the Secretary-General of the United Nations, shall nominate the three (3) from other African countries and present to the TNA for endorsement.

2.3.4 In order for the CTRH to execute its mandate, the Commission shall have the power to subpoena persons, documents and other materials deemed necessary for the purpose of discharging its responsibilities.

2.4 Rights of Victims and Witnesses

2.4.1 The CTRH shall implement measures to protect victims and witnesses, in particular, youth, women and children. Such protection measures shall include, but shall not be limited to the conduct of in camera proceedings and the protection of the identity of a victim or witness.

1. Establishment, Seat and Term of TGoNU

1.1 There shall be a Transitional Government of National Unity (TGoNU) established in South Sudan entrusted with the task of implementing this Agreement.

1.2 The Transitional Period shall commence 90 days after signing of this Agreement and the term of office shall be thirty (30) months preceded by ninety (90) days of a Pre-transitional Period.

1.3 The seat of the TGoNU shall be Juba.

1.4 The term and mandate of the incumbent President, the Vice President, and State Governors of the Republic of South Sudan shall be extended for the duration of the Transitional Period, until such time that Elections are held, except as provided for in Chapter 1, Article 15.1 and 15.2 of this Agreement.

1.5 The TGoNU shall hold Elections sixty (60) days before the end of the Transition Period in order to establish a democratically elected government.

1.6 The power sharing ratio in the Executive of the TGoNU shall be applied as follows: Executive body as 53%, 33%, 7% and 7% for the GRSS, the South Sudan Armed Opposition, Former Detainees and other political parties respectively. Whereas power-sharing ratios in the conflict affected States of Jonglei, Unity and Upper Nile as well as in the remaining seven (7) states shall be as reflected in Chapter 1, Articles 15.2 and 15.3 of this Agreement.

3. Composition of the TGoNU:

3.1 The TGONU shall be composed of;

3.1.1 The GRSS,

3.1.2 The South Sudan Armed Opposition,

3.1.3 Former Detainees,

3.1.4 Other Political Parties which participated in the Addis Ababa June 2014 Symposium on IGAD-led Peace Talks for South Sudan entitled, “Towards Sustaibable Peace in South Sudan”, and as identified in “The Agreement to Resolve the Crisis in South Sudan, 9 May 2014”, and choosing to adhere to this Agreement shall collectively choose their representatives in the Council of Ministers, Transitional National Assembly and in the governance institutions of the three States of Jonglei, Unity, and Upper Nile, as well as new institutions or reformed institutions according to the ratio provided in this Agreement. Such selection shall be witnessed by the IGAD-led Mediation.

4. Structure of the Executive of the TGoNU

4.1 The Executive of the TGoNU shall comprise the President, the First Vice President, the Vice President, the Council of Ministers and the Deputy Ministers;

4.2 The Council of Ministers shall comprise the President, the First Vice President, Vice President, and the Ministers.

5. President of the Republic of South Sudan

5.1 The incumbent President of the Republic shall serve as President and Executive Head of State for the Transitional Period;

6. First Vice President of the Republic of South Sudan

6.1 For the duration of the Transition, there shall be established the office of the First Vice President of the Republic of South Sudan, to supervise the implementation of the reforms outlined in this Agreement and exercise the powers, functions and responsibilities outlined below. The office of the First Vice President shall cease to exist at the conclusion of the Transition Period unless otherwise decided in the permanent Constitution.

6.2 The First Vice President of the TGoNU shall be selected by the South Sudan Armed Opposition.

7. Vice President of the Republic of South Sudan

7.1 The incumbent Vice President of the Republic of South Sudan shall serve as Vice President for the Transitional Period.

10. Council of Ministers

10.1 The power-sharing formula that shall apply to the Council of Ministers and any other institution by this Agreement shall be as follows, unless otherwise specified in this Agreement:

10.1.1 GRSS: fifty three (53) per cent of Ministerial portfolios (16 Ministers);

10.1.2 South Sudan Armed Opposition: thirty three (33) per cent of Ministerial portfolios (10 Ministers);

10.1.3 Former Detainees: seven (7) per cent of Ministerial portfolios (2 Ministers);

10.1.4 Other Political Parties: seven (7) per cent of Ministerial portfolios (2 Ministers)

11. The Transitional National Legislative Assembly and the council of States

11.1 Effective no later than ninety (90) days from the signing of this Agreement, the National Legislative Assembly shall be expanded for the duration of the Transitional Period. The expanded Assembly shall be known as the Transitional National Legislative Assembly (TNLA), comprising of four hundred (400) members, including the prior three hundred and thirty two (332) members and an additional sixty-eight (68) representatives appointed according to the following criteria:

a.     South Sudan Armed Opposition: fifty (50) members;

b.     Former Detainees: one (1) member;

c.     Other Political Parties: seventeen (17) members

11.3 The duration and term of the TNLA shall run concurrently with that of the TGoNU, as per the terms of this Agreement, until such time as Elections are held, with the current term and mandate of the incumbent members of the National Assembly extended as per Chapter 1, Article 1.4 of this Agreement;

15. Structure and Composition of State Governments

15.1 Not later than one month of the commencement of the Transitional Period, Transitional Governors of Jonglei, Unity and Upper Nile states shall be appointed for the duration of the Transition. For two of the Governors position in Upper Nile and Unity States, the South Sudan Armed Opposition shall nominate the candidates which the President shall appoint respectively. The GRSS will nominate the Governor of Jonglei State.

15.2 The State Council of Ministers in the States of Jonglei, Unity, and Upper Nile shall be reconstituted and appointed at the beginning of the Transition, and not later than a month, as per the following power sharing ratios:

15.2.1. GRSS: forty-six (46) percent;

15.2.2 South Sudan Armed Opposition: forty (40) percent;

15.3.3 Former Detainees: seven (7) percent;

15.2.4 Other Political Parties: seven (7) percent.

15.3 In the remaining seven states the GRSS will have eighty five (85) percent of the Executive while the South Sudan Armed Opposition will have a representation of fifteen (15) percent in the Executive of the respective states.

1. Agreed Principles for Transitional Justice

1.1.3 Compensation and Reparation Authority (CRA)

1.3 Following their establishment, the CTRH, HCSS and CRA shall independently promote the common objective of facilitating truth, reconciliation and healing, compensation and reparation in South Sudan.

4. Compensation and Reparation Authority (CRA)

4.1 The TGoNU, in recognition of the destructive impact of the Conflict to the citizens of South Sudan, shall establish within six (6) months of the signing of this Agreement a Compensation and Reparation Fund, CRF and Compensation and Reparation Authority, CRA to administer the CRF.

4.2 The CRA:

a)     Shall be run by an executive body to be chaired by an executive Director appointed by TGoNU.

b)     Shall be composed of an Executive body that shall include but not limited to:

i.         The parties in TGoNU

ii.         Representatives of CSOs, Women’s bloc, Faith-based leaders, Business Community and Traditional leaders;

c)     The criteria for the selection of the members of the Executive body and the Executive Director of the CRA shall be established by law.

d)     The CRA shall provide material and financial support to citizens whose property was destroyed by the conflict and help them to rebuild their livelihoods in accordance with a well-established criteria by the TGoNU.

e)     The CRA shall manage the Compensation and Reparation Fund, the utilization of which should be guided by a law enacted by the Parliament.

f)      The CRA shall receive applications of victims including natural and legal persons from CTRH, and make the necessary compensation and reparation as provided in Chapter V Article 2.2.2.5;

4.3 The TGoNU shall establish transparent mechanisms to control the proper use of these funds for the intended purpose.

2. Separation, Assembly and Cantonment

2.4 Within ninety (90) days of the signing of this Agreement, the following activities shall be conducted in the assembly/cantonment sites by the (MVM, AU, UNMISS, Parties):

2.4.10 Disarmament, Demobilization and Reintegration (DDR) activities;

7. Unification of Forces

7.2 The Disarmament, Demobilization and Re-Integration of special needs cases shall be undertaken in parallel with the re-unification processes while the full process of DDR for ineligible candidates or residual forces as defined by the result of SDSR shall be conducted after the re-unification is completed.

1. Agreed Principles for Humanitarian Assistance and Reconstruction

1.1 During the Pre-Transitional Period, the GRSS and the South Sudan Armed Opposition shall create an enabling political, administrative, operational and legal environment for the delivery of humanitarian assistance and protection. In addition to the Permanent Ceasefire obligation described in Chapter II, the GRSS, the South Sudan Armed Opposition shall ensure:

1.1.2 The right of refugees and Internally Displaced Persons (IDPs) to return in safety and dignity and to be afforded physical, legal and psychological protections;

1.1.3 The rights of returnees shall be respected in accordance with the Bill of Rights as provided for in the Transitional Constitution (TCRSS). Given that, efforts shall be made to assist in the re-unification of family members who were separated during the conflict;

1.1.4 The right of refugees and IDPs to citizenship and the establishment mechanisms for registration and appropriate identification and/or documentation of affected populations including their children, spouses, property, land and other possessions which might have been lost during the conflict;

1.1.5 Exercise of the right of refugees and IDPs to return to their places of origin and/or live in areas of their choice in safety and dignity;

1.2 During the Transition, the TGoNU shall:

1.2.1 Institute programs for relief, protection, repatriation, resettlement, reintegration and rehabilitation of Internally Displaced Persons (IDPs) and returnees, in coordination with the United Nations and other relief and humanitarian agencies;

1. This Agreement shall, upon signature, be presented to and adopted within seven (7) days, by the National Legislature of the Republic of South Sudan and the National Liberation Council of the South Sudan Armed Opposition.

1. Permanent Ceasefire

1.10 The warring parties shall undertake to ensure the immediate and unconditional release of all Prisoners of War (POWs), all those detained in connection with the conflict, and child soldiers who are under the command or influence upon the signing of this Agreement through the International Committee of Red Cross (ICRC) and UNICEF.

5. Transitional Security Arrangements

5.2 Joint Integrated Police shall also be deployed in Bor, Malakal, Bentiu and any other locations, with a focus on areas where Protection of Civilians (POC) sites are located.

6. Strategic Defence and Security Review (SDSR)

6.5 The SDSR Board shall provide the Roadmap for the Security Sector Transformation (SST), which outlines the details for the unification of the army, and security forces, Disarmament, Demobilization and Re-integration and the Security Sector Reform process. The Roadmap shall contribute to the amendment of Defence and Security-related legislations such as, National Security Services, NDFSS, and Police Service Acts. The list of areas for reform identified by the Parties in this Agreement shall include but not limited to: Defence, Police, Prison and any other institutions that play a role in managing and overseeing the design and implementation, such as Ministries, Parliament, Human Rights Commission and Civil Society Organizations, the De-Mining Authority, Disarmament, Demobilization and Reintegration Commission, War Disabled, Widows and Orphans Commission, War Veterans Commission, Bureau for Community Security and Small Arms Control.

6.6 The SDSR process shall be comprehensive, inclusive, and transparent and underpinned by the principles and strategies of national interests in promoting and defending the sovereignty and dignity of the country and its people. The SDSR shall be conducted in four (4) Stages:

Stage 4 (implementation): The SST Roadmap provides the details for the unification of army and security forces,

b.     The SST Roadmap provides details that will contribute to the amendment of defence and security related legislation such as, National Security Services, NDFSS, and Police Services Acts.

d.     The TGoNU shall, through the SST roadmap, and within eighteen (18) months including the Pre-Transitional Period focus on the re-unification and training of the NDFSS/security forces.

1. Permanent Ceasefire

1.6 The warring parties agree that all non-state security actors including, but not limited to Sudanese Revolutionary Forces (SPLM-North, JEM, SLA-Minawi, SLA-Abdulwahid) shall be disarmed, demobilized and repatriated by the state actors with whom they have been supporting within the Pre-Transitional Period.

1. Permanent Ceasefire

1.1 The GRSS and South Sudan Armed Opposition (hereinafter in known as the warring parties) shall declare a Permanent Ceasefire, which shall enter into force in seventy two (72) hours upon the signing of this Agreement to ensure sustainable peace, and facilitate the operationalization of the Transition Security Arrangements and the resettlement and repatriation of returnees and Internally Displaced Persons (IDPs).

1.2 The warring parties shall disseminate the provisions of this Agreement to all forces under their command or influence, and allies, to ensure compliance immediately upon signing.

1.3 The Permanent Ceasefire shall apply to all forces of the warring parties, armed groups, and all other forces or militias allied to either Party, and shall be based on the Cessation of Hostilities (COH) Agreement of 23^rd January 2014, and its implementation modalities matrix.

1.4 Within seventy two (72) hours of the signing of this Agreement, the Parties shall embark on a series of Permanent Ceasefire Arrangements including cessation of hostilities, disengagement, separation and withdrawal of forces including allies of both parties (forces, militias) in the theatre of operations on the basis of the 23^rd January 2014 CoH Agreement, and report compliance to Monitoring and Verification Mechanism (MVM).

1.7 The warring parties shall refrain from prohibited actions outlined in the Cessation of Hostilities Agreement of 23^rd January, which inter-alia include but are not limited to:

1.7.1 Actions that may impede or delay the provision of humanitarian assistance, or protection to civilians, and restrict free movement of people;

1.7.2 Acts and forms of sexual and gender-based violence, including sexual exploitation and harassment;

1.7.3 Recruitment and/or use of child soldiers by armed forces or militias in contravention of international conventions;

1.7.4 Offensive, provocative or retaliatory actions such as dissemination of hostile propaganda, unauthorized recruitment, mobilization, redeployment and movement of forces and any other activities that may jeopardize this Agreement;

1.7.5 Acts of hostility, intimidation, violence or attacks against the civilian population including IDPs and returnees as well as UNMISS personnel, installations or equipment, international humanitarian agencies including UN agencies, International Organizations and Non-Governmental Organizations including their personnel, installations or equipment, IGAD MVM or its successor institution; Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM)

1. The TGoNU shall initiate and oversee a Permanent Constitution-making Process, during the Transitional Period. The Permanent Constitution-making Process shall be based on the

principles of:

1.5. Respecting ethnic and regional diversity and communal rights, including the right of communities to preserve their history, develop their language, promote their culture and expression of their identities;

7. Unification of Forces

7.1 Upon Signing of this Agreement the Parties shall establish the shared Unified Command of the NDFSS immediately and its complete unification shall be completed within eighteen (18) months. The process of unification shall be overseen and monitored by the National Architecture described in Section 3.

12. The Judiciary

12.1 The Judiciary of South Sudan shall be independent and subscribe to the principle of separation of powers and the supremacy of the rule of law, in accordance with the TCRSS, 2011.

12.2 There shall be reforms of the judiciary that shall include but not be limited to the review of the Judiciary Act during the Transition. Notwithstanding, efforts shall be made to build the capacity of the judicial, personnel, and infrastructure.

1. Agreed Principles for Humanitarian Assistance and Reconstruction

1.1 During the Pre-Transitional Period, the GRSS and the South Sudan Armed Opposition shall create an enabling political, administrative, operational and legal environment for the delivery of humanitarian assistance and protection. In addition to the Permanent Ceasefire obligation described in Chapter II, the GRSS, the South Sudan Armed Opposition shall ensure:

1.1.2 The right of refugees and Internally Displaced Persons (IDPs) to return in safety and dignity and to be afforded physical, legal and psychological protections;

1.1.3 The rights of returnees shall be respected in accordance with the Bill of Rights as provided for in the Transitional Constitution (TCRSS). Given that, efforts shall be made to assist in the re-unification of family members who were separated during the conflict;

1.1.4 The right of refugees and IDPs to citizenship and the establishment mechanisms for registration and appropriate identification and/or documentation of affected populations including their children, spouses, property, land and other possessions which might have been lost during the conflict;

1.1.5 Exercise of the right of refugees and IDPs to return to their places of origin and/or live in areas of their choice in safety and dignity;

1.2 During the Transition, the TGoNU shall:

1.2.1 Institute programs for relief, protection, repatriation, resettlement, reintegration and rehabilitation of Internally Displaced Persons (IDPs) and returnees, in coordination with the United Nations and other relief and humanitarian agencies;

16. National Elections

16.1 The National Constitutional Amendment Committee (NCAC) shall review the Political Parties Act, 2012, and ensure that the Act complies with international best practices for the free and democratic registration of Political Parties in South Sudan, no later than six (6) months after the signing of this Agreement and present to the Assembly for adoption. The Act shall permit the open registration of Parties until the twelve (12) months prior to National Elections.

16.3 The National Elections Act, 2012 shall be amended to conform with the terms of this Agreement, no later than six (6) months following the signature on this Agreement.

2. Institutional Reforms

2.2 Ministry of Finance and Planning

2.2.1 The Ministry of Finance and Planning shall:

2.2.1.1 develop, within nine (9) months of the signing of this Agreement, a Strategic Economic Development Roadmap (national development of three to five (3-5) years to accelerate progress in achieving a sustainable and resilient national economy in collaboration and coordination with an inter-ministerial departments and where appropriate, with development partners

7. Enterprise Development Fund

7.1 The TGONU shall:-

7.1.1 identify local, national, sectoral or private sector associations with the view to improving their productivity/efficiency through capacity enhancement and easing access to financing.

7.1.2 develop Micro, Small and Medium Enterprises (MSMEs) among rural populations and the urban poor, including but not limited to South Sudan farmers associations, dairy producers associations, poultry producers associations, national private companies in the areas of supply, general trade, construction, and others;

7.1.3 implement the recommendations of the Private Sector Development Strategy (PSDS) developed jointly between the South Sudan Business Forum and Ministry of Commerce and Trade;

7.1.4 establish a Youth Enterprise Development Fund with the goal to bring more youth into economic growth and development;

7.1.5 establish a Women Enterprise Development Fund for provision of subsidized credit for women-based enterprise development and capacity building of women entrepreneurs;

7.1.6 establish micro-finance institutions;

7.1.7 promote social welfare development policy;

7.1.8 establish Social Security Fund;

7.1.9 shall provide subsidized credit and capacity building for vulnerable members of the society;

7.1.10 Coordinate enterprise related skills and technology transfer;

1. Permanent Ceasefire

1.6 The warring parties agree that all non-state security actors including, but not limited to Sudanese Revolutionary Forces (SPLM-North, JEM, SLA-Minawi, SLA-Abdulwahid) shall be disarmed, demobilized and repatriated by the state actors with whom they have been supporting within the Pre-Transitional Period.

2. Separation, Assembly and Cantonment

2.1 The warring parties agree to the separation, assembly and cantonment of their forces previously in combat within thirty (30) days of the signing of this Agreement to enable personnel, weapons and equipment accountability, screening, re-organization and/or disarmament and demobilization. Forces in cantonment shall receive non-military logistical supply including food, shelter and access to medical care.

2.2 The warring parties agree that the forces that shall be cantoned shall be those forces previously in combat in Juba, Jonglei, Unity, and Upper Nile States, and any other forces related to the conflict in other areas that are declared by the warring Parties during the Permanent Ceasefire Arrangements workshop.

2.4 Within ninety (90) days of the signing of this Agreement, the following activities shall be conducted in the assembly/cantonment sites by the (MVM, AU, UNMISS, Parties):

2.4.10 Disarmament, Demobilization and Reintegration (DDR) activities;

7. Unification of Forces

7.2 The Disarmament, Demobilization and Re-Integration of special needs cases shall be undertaken in parallel with the re-unification processes while the full process of DDR for ineligible candidates or residual forces as defined by the result of SDSR shall be conducted after the re-unification is completed.

1. Establishment, Seat and Term of TGoNU

1.2 The Transitional Period shall commence 90 days after signing of this Agreement and the term of office shall be thirty (30) months preceded by ninety (90) days of a Pre-transitional Period.

APPENDIX 1: TRANSITIONAL GOVERNMENT OF NATIONAL UNITY OF THE REPUBLIC OF SOUTH SUDAN

APPENDIX III: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS (MATRIX)

APPNDIX IV: HMANITARIAN ASSISTANCE AND RECONSTRUCTION

APPENDIX V: RESOURCE, ECONOMIC AND FINANCIAL MANAGEMENT

1. Permanent Ceasefire

1.6 The warring parties agree that all non-state security actors including, but not limited to Sudanese Revolutionary Forces (SPLM-North, JEM, SLA-Minawi, SLA-Abdulwahid) shall be disarmed, demobilized and repatriated by the state actors with whom they have been supporting within the Pre-Transitional Period.

2. Separation, Assembly and Cantonment

2.1 The warring parties agree to the separation, assembly and cantonment of their forces previously in combat within thirty (30) days of the signing of this Agreement to enable personnel, weapons and equipment accountability, screening, re-organization and/or disarmament and demobilization. Forces in cantonment shall receive non-military logistical supply including food, shelter and access to medical care.

2.2 The warring parties agree that the forces that shall be cantoned shall be those forces previously in combat in Juba, Jonglei, Unity, and Upper Nile States, and any other forces related to the conflict in other areas that are declared by the warring Parties during the Permanent Ceasefire Arrangements workshop.

2.4 Within ninety (90) days of the signing of this Agreement, the following activities shall be conducted in the assembly/cantonment sites by the (MVM, AU, UNMISS, Parties):

2.4.10 Disarmament, Demobilization and Reintegration (DDR) activities;

7. Unification of Forces

7.2 The Disarmament, Demobilization and Re-Integration of special needs cases shall be undertaken in parallel with the re-unification processes while the full process of DDR for ineligible candidates or residual forces as defined by the result of SDSR shall be conducted after the re-unification is completed.

1.2. Initiate a Federal and democratic system of government that reflects the character of South Sudan in its various institutions taken together, guarantees good governance, constitutionalism, rule of law, human rights, gender equity and affirmative action;

1. The TGoNU shall initiate and oversee a Permanent Constitution-making Process, during the Transitional Period. The Permanent Constitution-making Process shall be based on the

principles of:

1.5. Respecting ethnic and regional diversity and communal rights, including the right of communities to preserve their history, develop their language, promote their culture and expression of their identities;

13. Pre-Transitional Period and National Constitutional Amendment Committee (NCAC)

13.1 Upon signing this Agreement, the IGAD-led Mediation in consultation with the Parties and other stakeholders shall initiate the formation of a representative National Constitutional Amendment Committee (NCAC), with the mandate to complete the tasks necessary to prepare for the Transition Period and form the TGoNU. The mandate of NCAC shall also extend up to a maximum of twelve (12) months into the Transition Period to draft new or revise, as appropriate, other legislations provided in this Agreement. The Committee shall have competent legal capacity to perform the following tasks:

13.1.1 To draft a Constitutional Amendment Bill within twenty one (21) days upon signing this Agreement. The Bill shall incorporate this Agreement into the Transitional Constitution of the Republic of South Sudan of 2011 (TCRSS). In the event of any contradictions, the provision of this Agreement shall prevail;

13.1.2 Drafting of Amendments to relevant national security legislations that relate to this Agreement (including, but not limited to the SPLA Act. 2009; National Security Act 2014; The Police Service Act, 2009; The Prison Service Act, 2011; The Wildlife Service Act, 2011), in order to conform relevant national legislation to the provisions of this Agreement. The NCAC shall complete the drafting of these Amendments within forty five (45) days from the date of signature of this Agreement;

Chapter VIII: Supremacy of this Agreement and Procedures for Amendment of the Agreement

2. This Agreement shall be fully incorporated into the Transitional Constitution of South Sudan, 2011 (TCRSS) as per the procedures outlined in Chapter I, Article 4 of this Agreement. Notwithstanding this process of incorporation, in the event that the provisions of the TCRSS conflicts with the terms of this Agreement, the terms of this Agreement shall prevail.

CHAPTER VI. PARAMETERS OF PERMANENT CONSTITUTION

1. The TGoNU shall initiate and oversee a Permanent Constitution-making Process, during the Transitional Period. The Permanent Constitution-making Process shall be based on the principles of:

1.1 Supremacy of the People of South Sudan;

1.2 Initiate a Federal and democratic system of government that reflects the character of South Sudan in its various institutions taken together, guarantees good governance, constitutionalism, rule of law, human rights, gender equity and affirmative action;

1.3 Guaranteeing peace and stability, national unity and territorial integrity of the Republic of South Sudan;

1.4 Promoting peoples participation in the governance of the country through democratic, free and fair Elections and the devolution of powers and resources to the states and counties;

1.5 Respecting ethnic and regional diversity and communal rights, including the right of communities to preserve their history, develop their language, promote their culture and expression of their identities;

1.6 Ensuring the provision of the basic needs of the people through the establishment of a framework for fair and equitable economic growth and access to national resources and services;

1.7 Promoting and facilitating regional and international cooperation with South Sudan;

1.8 Committing the people of South Sudan to peaceful resolution of national issues through dialogue, tolerance, accommodation and respect of others opinions.

2. The TNLA shall within the first six (6) months of Transitional Period enact a legislation to govern the constitutional making process.

3. The permanent constitution shall be completed not later than eighteen (18) months following the establishment of the Transitional Period and shall be in place to guide the Elections toward the end of the Transition.

4. The following phases of Constitution-making process shall be completed within eighteen (18) months of the Transition Period as per the timetable stipulated in the implementation mechanism process except for the transformation of the TNLA into a constituent assembly to adopt the new constitution which shall be defined by law:

5. The reconstituted National Constitution Review Commission (NCRC) shall be appointed by the Executive after adequate consultation with all key stakeholders including but not limited to the Political Parties, Civil Society Organizations and Faith-Based groups for their views to prepare a Draft Constitutional Text;

5.1 The Commission shall carryout wide consultation with the people and conduct civic education and prepare the Draft Constitutional Text;

5.2 The Commission shall present the Draft Constitutional Text to the Executive accompanied by a report;

5.3 The Draft Constitution Text presented by the Commission to the Executive shall be presented to a National Constitutional Conference (NCC) composed of elected representatives from all levels of administrations and registered institutions as shall be stipulated in the reviewed legislation governing the Constitution-making process;

5.4 The Constitutional Text adopted by the Constitutional Conference shall be presented by the Minister of Justice and Constitutional Affairs to a Constituent Assembly for deliberation and adoption;

5.5 The Parties agree that the Transitional National Legislature shall be transformed into a Constituent Assembly on the 1^st date of the 27^th month of the Transition for purposes of adopting the Permanent Constitution after which it shall be dissolved preceding the Elections.

6. In drafting the Permanent Constitution, lessons shall be drawn from South Sudan common law, constitutional history and experiences, and this Agreement;

7. The process of permanent Constitution-making shall be led and owned by the people of South Sudan.

8. The TGoNU shall review the ongoing permanent Constitution-making process and reconstitute the National Constitutional Review Commission (NCRC). In order to ensure quality of participation and inclusiveness in the reformulated Constitution review process, the composition of the reconstituted NCRC shall include but not limited to representatives of the TGoNU, Political Parties, faith-based groups, academics and other professionals. The process of appointment shall be as defined in the reviewed and enacted legislation governing the constitution-making process.

9. The TGoNU shall provide in its budgetary provisions adequate funding for the Constitution making process.

10. The TGoNU shall seek the assistance of regional and international experts to benefit from the experience, expertise and best practices to assist in the Constitution-making process.

1. Permanent Ceasefire

1.10 The warring parties shall undertake to ensure the immediate and unconditional release of all Prisoners of War (POWs), all those detained in connection with the conflict, and child soldiers who are under their command or influence upon the signing of this Agreement through the International Committee of Red Cross (ICRC) and UNICEF.