Cultural Protections – 2015

The 2015 Agreement on the Resolution of Conflict called for the creation of a permanent constitution that would respect “ethnic and regional diversity and communal rights, including the rights of communities to preserve their history, develop their language, promote their culture and expression of their identities.”

While some progress was made on the transitional constitution, work on the permanent constitution did not begin in 2015.[1]

[1] “Freedom in the World 2015- South Sudan,” Freedom House, https://freedomhouse.org/report/freedom-world/2015/south-sudan  

Constitutional Reform – 2016

On February 9, the National Constitutional Amendment Committee (NCAC) finished the draft of constitutional amendments as well as necessary legal mechanisms necessary to implement the amendments. By February 21, the NCAC suspended its operations.[1] However, work on the permanent constitution did not begin in 2016. [2]

[1] “Report of the Secretary-General on South Sudan (covering the period from 3 February to 31 March 2016),” UN Security Council, April 13, 2016.

[2] “Freedom in the World 2016- South Sudan,” Freedom House, https://freedomhouse.org/report/freedom-world/2015/south-sudan  

Constitutional Reform – 2015

The 2015 Agreement on the Resolution of Conflict called for a draft Constitutional Bill within twenty-one days of signing the agreement to incorporate the agreement into the South Sudan constitution. It also called for additional amendments as necessary to facilitate the implementation of other provisions within the agreement. Additionally, the agreement called for a permanent constitution to be completed within eighteen months of signing.

The National Constitution Amendment Committee (NCAC) was formed in December[1] as a result of the 2015 Agreement on the Resolution of Conflict and began deliberating the integration of the peace agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS). However, in 2015, no bills relating to the incorporation or accommodation of the agreement and its provisions were drafted in 2015. Work on the permanent constitution did not begin in 2015. [2]

[1] SudanTribube.com. (December 25, 2015 Friday). Machar calls on South Sudanese people to consolidate peace. Sudan Tribune. Retrieved from Nexis Uni.

[2] “Freedom in the World 2015- South Sudan,” Freedom House, https://freedomhouse.org/report/freedom-world/2015/south-sudan  

Children’s Rights – 2016

In October, 145 child soldiers were released from the SPLM/A-IO.[1] UNICEF estimated that 16,000 child soldiers remain engaged with armed groups in South Sudan.[2]

[1] “Armed Groups Free 145 Child Soldiers in South Sudan,” Deutsche Welle, October 26, 2016.

[2] “Oer 16,000 children still with armed groups in South Sudan: UNICEF,” Xinhua General News Service, November 9, 2016.

Children’s Rights – 2015

The peace agreement called for the immediate release of child soldiers. No release occurred in 2015.

Implementation not Initiated

Ceasefire – 2016

The Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) reported that clashes occurred between government forces and the Sudan People’s Liberation Movement-in-Opposition (SPLM-IO) on January 28, February 8, and March 7 in Upper Nile State,[1] [2] [3] on February 10 and 11 in Western Equatoria State,[4] and on March 12 in Northern Bahr El Ghazal State.[5] The CTSAMM reported frequent clashes between government forces and the SPLM/A-IO from June to August 2016 in Unity State, particularly in the Leer area.[6]

On July 8, clashes broke out in Juba, and intense fighting was reported until July 12, when confrontations began to subside.[7]

Heaving shelling and machine-gun fire was reported between July 31 and August 1 in Nassir, Upper Nile State.[8]

Throughout August, clashes between government and opposition forces killed 153 people in Jonglei.[9] In October, confrontations resulted in the death of over 50 in Malakal.[10]

[1] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Violation Report Number 004 Ceasefire Violation in Upper Nile State,” March 22, 2016.

[2] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “Draft CTSAMM Violation Report Number 008 PCTSE Violation in Upper Nile State,” March 22, 2016.

[3] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Violation Report Number 012 Violations in Nassir Upper Nile State,” March 31, 2016.

[4] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Violation Report Number 006 PCTSE Violations in Western Equatoria State,” March 22, 2016.

[5] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Report Number 013 PCTSE Violations of the PCTSA in Northern Bahr El Ghazal State,” March 31, 2016.

[6] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Report Number 025 Violations in Unity State,” October 18, 2016.

[7] “A Strained Calm As Fighting Subsides,” Africa News, July 12, 2016.

[8] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Report Number 026 PCTSE Violations Nassir, Upper Nile State,” October 18, 2016.

[9] “At least 153 killed in clashes between South Sudan rival factions,” Xinhua General News Service, August 23, 2016.

[10] “More Than 50 Rebels Killed in Weekend Clashes,” Africa News, October 18, 2016.

Ceasefire – 2015

The August 2015 Agreement on the Resolution of Conflict in the Republic of South Sudan reaffirmed the ceasefire between the Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), and the government on January 23, 2014.

On August 27, 2015, President Salva Kiir Mayardit issued Republican Order Number 35/2015 declaring a permanent ceasefire for the implementation of the comprehensive peace agreement. The order required that the government armed forces cease military operations throughout South Sudan and to remain stationary, using force only for self defense.[1]

Since the signing of the peace agreement in August through the end of 2015, clashes between the Sudan People’s Liberation Movement/Sudan People’s Liberation Army (SPLM/A) and SPLMA-IO were frequent but of small scale. The Uppsala Conflict Data Program (UCDP) reports confrontations in Mboro village (2 fatalities), Faragullah village (2 fatalities), Tonj East county (92 fatalities), West Equatoria State (4 fatalities), Guit town (6 fatalities), Koch county (28 fatalities), Leer town (54 fatalities) and Leer county (75 fatalities).[2]

The Monitoring and Verification Mechanism (MVM) reported clashes between government forces and the SPLMA-IO on September 2 in Malakal, Upper Nile State,[3] on September 13 and September 27 in Guit County, Unity State,[4] [5] between September 29 and October 5 in Leer County, Unity State,[6] between October 26 and November 1 in Upper Nile State,[7] on December 24 in Western Equatoria State.[8] On November 25, the Joint Technical Committee issued a report condemning widespread murder and sexual assault by members of both armed forces despite the terms of the ceasefire agreement.[9] On December 18, the Joint Technical Committee (JTC) issued two separate reports, one condemning the government’s targeting of civilians in Unity State[10] and the other condemning the SPLM/A-IO’s targeting of civilians in Unity State.[11]

In early 2016, the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM) issued several reports indicating that both the government and SPLM/A-IO had habitually failed to protect civilians in 2015 in compliance with the ceasefire in Western Equatoria State and Western Bahr El Ghazal State.[12] [13]

[1] “South Sudan president declares permanent cease-fire,” BBC Monitoring Africa, August 27, 2015.

[2] “UCDP Conflict Encyclopedia,” Uppsala Conflict Data Program – Uppsala University Department of Peace and Conflict Research.

[3] Joint Technical Committee. “Investigations into Violations of the Cessation of Hostilities Agreement in Malakal, Upper Nile State (V048),” Monitoring and Verification Mechanism, September 4, 2015.

[4] Joint Technical Committee. “Investigations into Violations of the Permanent Ceasefire in Guit County, Unity State (V049),” Monitoring and Verification Mechanism, September 22, 2015.

[5] Joint Technical Committee. “Investigations into Violations of the Permanent Ceasefire in Guit County, Unity State (V050),” Monitoring and Verification Mechanism, October 17, 2015.

[6] Joint Technical Committee. “Investigations into Violations of the Permanent Ceasefire and Transitional Security Arrangements in Unity State and Central Equatoria State (V051),” Monitoring and Verification Mechanism, October 21, 2015.

[7] Joint Technical Committee. “Investigations into Violations of the Permanent Ceasefire and Transitional Security Arrangements in Upper Nile State (V052),” Monitoring and Verification Mechanism, November 7, 2015.

[8] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Violation Report Number 05 PCTSE Violation in Western Equatoria State,” March 22, 2016.

[9] Joint Technical Committee. “Investigations into Rape and Murder in Unity State (V053),” Monitoring and Verification Mechanism, November 25, 2015.

[10] Joint Technical Committee. “Killing of Civilians in Unity State (V054),” Monitoring and Verification Mechanism, December 18, 2015.

[11] Joint Technical Committee. “Civilian Vehicle Ambush Unity State (V055),” Monitoring and Verification Mechanism, December 18, 2015.

[12] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Violation Report Number 057 Protection of Civilians in Western Equatoria State,” February 19, 2016.

[13] Ceasefire and Transitional Security Arrangements Monitoring Mechanism. “CTSAMM Violation Report Number 003 Failure to Protect Civilians in Western Bahr El Ghazal State,” March 22, 2016.

Verification – 1992

The CCPM and CMVF continued to operate regularly in 1992. 

Some monitoring teams that were not established in 1991—such as the joint police monitoring teams—were established in 1992. 

In 1992, the UN continued its regular verification mission of the peace process, particularly concerning the verification of troop assembly, disarmament, and demobilization. In addition, the UN authorized 400 electoral observers to facilitate elections in Angola. UNAVEM facilitated the registration process by working with the National Electoral Council and providing logistical support. UNAVEM also monitored the electoral campaign, particularly to verify the freedom of organization, movement, assembly, expression, and access to state media. In addition, UNAVEM provided logistical support for elections and observed voting at polling stations.

1 “Further Report of the Secretary-General of the United Nations Angola Verification Mission (UNAVEM II),” UN Security Council, March 3, 1992.
2 “Further Report of the Secretary-General on the United Nations Angola Verification Mission (UNAVEM II),” UN Security Council, November 25, 1992.
3 “United Nations Angola Verification Mission II,” United Nations, 2000.
4 “Further Report of the Secretary-General on the United Nations Angola Verification Mission (UNAVEM II),” UN Security Council, September 9, 1992.
5 “Further Report of the Secretary-General on the United Nations Angola Verification Mission (UNAVEM II),” UN Security Council, September 9, 1992.
6  “Further Report of the Secretary-General on the United Nations Angola Verification Mission (UNAVEM II),” UN Security Council, November 25, 1992.

Verification – 1991

The Bicesse Accords called for the formation of the Joint Political-Military Commission (CCPM) and the subordinate Joint Verification and Monitoring Commission (CMVF), both to be composed of representatives of the Government of the People’s Republic of Angola and UNITA, as members, and of representatives of Portugal, the United States of America, and the USSR, as observers. The Bicesse Accords tasked the CCPM with verifying compliance with the implementation by both parties with all provisions of the agreement. The Bicesse Accords charged the CMVF with establishing monitoring groups and verifying the operation of the monitoring groups. The CCPM held its first meeting on June 17, 1991,1 and continued to hold meetings throughout 1991. The CCPM established and approved its functional regulations at its third meeting on June 27.2 The functional regulations for the CMVF were approved on June 27.3 However, on September 11, UNITA withdrew from the CCPM, citing government noncompliance with the terms of the agreement,4 but resumed participation on September 17.5 While some regional monitoring groups were established, many remained highly disorganized, fragmented, and ineffective in 1991.6 Others, such as the joint police monitoring groups, were not formed in 1991.7 

The Bicesse Accords also called for UN representatives to monitor the agreement’s implementation and participate in the CMVP and CCPM. After signing the agreement, the Angolan government requested that the UN extend the mandate of the pre-existing United Nations Angola Verification Mission (UNAVEM).8 In May, the United Nations established the United Nations Angola Verification Mission II (UNAVEM II) to monitor and verify the agreement, cease-fire, and elections.9 The mission authorized a total of 350 military observers, 126 civilian police, 87 international civilians, and 155 local staff.10  By July, 120 UN monitors had arrived in Angola, and head-of-mission General Pericles had begun attending CCPM meetings.11 By October 25, all authorized positions were filled.12 UN staff actively monitored compliance with the agreement, particularly by counting troops and weapons in assembly areas and providing logistical support for implementation procedures.13

1 “Angola first meeting of joint commission; legal basis to be established,” BBC Summary of World Broadcasts, June 20, 1991.
2 “Angola’s CCPM approves functional regulations,” Xinhua General News Service, June 27, 1991.
3 “Angola’s CCPM approves functional regulations,” Xinhua General News Service, June 27, 1991.
4 “Angola UNITA official states conditions for return to joint commission,” BBC Summary of World Broadcasts, September 13, 1991.
5 “Angola government and UNITA officials interviewed on renewed negotiations,” BBC Summary of World Broadcasts, September 18, 1991.
6  “Report of the Secretary-General on the United Nations Angola Verification Mission II (UNAVEM II) (For the period 31 May 1991-25 October 1991),” UN Security Council, October 31, 1991.
7 “Report of the Secretary-General on the United Nations Angola Verification Mission II (UNAVEM II) (For the period 31 May 1991-25 October 1991),” UN Security Council, October 31, 1991.
8 “Angola first meeting of joint commission; legal basis to be established,” BBC Summary of World Broadcasts, June 20, 1991.
9 “United Nations Angola Verification Mission II,” United Nations, 2000.
10 “United Nations Angola Verification Mission II,” United Nations, 2000.
11 “Angola Luanda meeting of joint commission,” BBC Summary of World Broadcasts, July 18, 1991.
12 “United Nations Angola Verification Mission II,” United Nations, 2000.
13 “UNAVEM II Background,” United Nations, 2000.