Boundary Demarcation: R-ARCSS

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Boundary Demarcation: R-ARCSS

Implementations

Boundary Demarcation – 2018

The R-ARCSS (Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan) stipulated the creation of two bodies to consider the composition and boundaries of states in South Sudan. The Independent Boundaries Commission (IBC) was to be appointed by the Intergovernmental Authority on Development (IGAD), within two weeks of R-ARCSS being signed to make recommendations regarding the “number of States of the Republic of South Sudan, their boundaries, [and] the composition and restructuring of the Council of States.” The Technical Boundary Committee (TBC) was also to be appointed by IGAD “immediately upon the signing of the Revitalised ARCSS… to define and demarcate the tribal areas of South Sudan as they stood on 1 January 1956.”

IGAD and the Troika (the US, UK and Norway) nominated members for the TBC, which met on December 6, 2018, in Juba but then adjourned for the year.[1]

[1] “TBC holds its inaugural meeting in Juba,” Joint Monitoring and Evaluation Commission, December 6, 2018, https://www.jmecsouthsudan.com/index.php/media-center/news/item/397-tbc-hold-its-inaugural-meeting-in-juba

Boundary Demarcation – 2019

The Technical Boundary Committee (TBC) was formed in January 2019.[1] The TBC’s full report was submitted to the Intergovernmental Authority on Development (IGAD) on March 26, 2019.[2] In mid-March, the Independent Boundaries Commission (IBC) began work.[3] The IBC’s final report was submitted to IGAD on June 20, 2019; however, the body deadlocked on the recommendation on the number of states.[4] During a September meeting, Kiir and Machar agreed to form a new committee to address the boundary issue, but this committee was not formed in 2019.

[1] “Statement by H.E. LT. Gen. Augostino S.K. Njoroge Interim Chairperson of the Reconstituted Joint Monitoring & Evaluations Commission to the 3rd RJMEC monthly meeting 1 Wednesday, 23 January 2019 Juba, South Sudan,” Joint Monitoring and Evaluation Commission, January 23, 2019.

[2] “Statement by H.E. L.T. Gen. Augostino S.K. Njoroge interim chairperson of the Reconstituted Joint Monitoring & Evaluation Commission to the 5th RJMEC monthly meeting Friday, 12 April 2019 Juba, South Sudan,” Joint Monitoring and Evaluation Commission, April 12, 2019.

[3] “Statement by H.E. L.T. Gen. Augostino S.K. Njoroge interim chairperson of the Reconstituted Joint Monitoring & Evaluation Commission to the 5th RJMEC monthly meeting Friday, 12 April 2019 Juba, South Sudan,” Joint Monitoring and Evaluation Commission, April 12, 2019.

[4] Statement by the Intergovernmental Authority on Development https://twitter.com/IGADPeace/status/1141637030797094912

Boundary Demarcation – 2020

On February 4, governors of the 32 states and Abyei Administrative Area met and consulted with the Presidential Advisors and the TGoNU (Transitional Government of National Unity) members of National Pre-Transition Committee (NPTC). The governors then issued a communique expressing their support for the implementation of R-ARCSS (Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan) as well as their commitment to the 32 states and Abyei Administrative Area.[1] After holding consultative meetings with various stakeholders on February 14, President Kiir, through a decree, made a decision to return the country to ten states (Northern Bahr el Ghazal, Western Bahr el Ghazal, Warrap, Unity, Lakes, Jonglei, Western Equatoria, Central Equatoria, Eastern Equatoria, and Upper Nile), including three administrative areas, Abyei, Boma, and Ruweng.[2] In a press statement on the same day the SPLM-IO (Sudan People’s Liberation Movement-in-Opposition) leader Reik Mac, appreciated the decision but called upon the President to reconsider the creation of three administrative units. Nevertheless, the breakthrough in the number of states was agreeable to all parties.

On June 10, President Kiir and First Vice President Machar reached a deal to nominate governors. According to a deal, Kirr will nominate governors of six states, including the oil-rich Unity State and Central Equatoria and Machar will nominate governors for three states, including the largest oil producing areas, the Upper Nile state. The South Sudan Opposition Alliance (SSOA) was mandated to nominate a governor for Jonglei state. On June 30, President Kiir appointed governors for eight states (6 SPLM and 2 SPLM-IO) and administrators of three administrative areas. Only SPLM-IO had a woman governor. The R-ARCSS calls for 35% women’s representation.[3] The number of states and boundaries are to be finalized in the final constitution.

In remarks delivered to the Security Council on September 16, 2020, Special Representative David Shearer noted that President Kiir had refused to appoint Vice President Machar’s preferred governor for Unity State.[4] The number of states and boundaries are to be finalized in the final constitution.

[1] “Governors Commnique,” February 4, 2020. Juba.

[2] “South Sudan cuts number of states from 32 to 10, unlocking peace process,” Reuters, February 15, 2020; “Progress report no. 6: On the implementation status of the R-ARCSS,” Reconstituted Joint Monitoring and Evaluation Commission, April 20, 2020.

[3] “Progress report no. 7: On the implementation status of the R-ARCSS,” Reconstituted Joint Monitoring and Evaluation Commission, July 15, 2020.

[4] https://unmiss.unmissions.org/briefing-security-council-special-representative-un-secretary-general-david-shearer

Boundary Demarcation – 2021

In February 2020, President Kiir, through a decree, decided to return the country to ten states (Northern Bahr el Ghazal, Western Bahr el Ghazal, Warrap, Unity, Lakes, Jonglei, Western Equatoria, Central Equatoria, Eastern Equatoria, and Upper Nile), alongside the three administrative areas of Abyei, Boma, and Ruweng.[1] While the SPLM-IO (Sudan People’s Liberation Movement-in-Opposition) asked to reconsider the creation of three administrative units, the number of states was agreeable to all parties. The number of states and boundaries are to be finalized in the final constitution. The constitution writing process started on May 25th [2].

[1] “South Sudan cuts number of states from 32 to 10, unlocking peace process,” Reuters, February 15, 2020; “Progress report no. 6: On the implementation status of the R-ARCSS,” Reconstituted Joint Monitoring and Evaluation Commission, April 20, 2020.

[2] South Sudan begins constitution-making process supported by The United Nations. ReliefWeb. 26 May 2021.  https://reliefweb.int/report/south-sudan/south-sudan-begins-constitution-making-process-supported-united-nations

Boundary Demarcation – 2022

The number of states and boundaries will be finalized in the final constitution. The constitution-writing process started in May 2021.[1] The permanent constitution-drafting process began with establishing the National Constitutional Amendment Committee (NCAC) in 2021. Still, no significant progress was reported on issues regarding finalizing the number of states and state boundaries.

[1] South Sudan begins constitution-making process supported by The United Nations. ReliefWeb. 26 May 2021.  https://reliefweb.int/report/south-sudan/south-sudan-begins-constitution-making-process-supported-united-nations

Boundary Demarcation – 2023

The number of states and boundaries will be finalized in the final constitution. The constitution-writing process started in May 2021 and is still ongoing as of December 2023.[1]

[1] “RJMEC asks AU Peace and Security Council to focus on South Sudan.” Radio Tamazuj. 17 November 2023 https://radiotamazuj.org/en/news/article/rjmec-asks-au-peace-and-security-council-to-focus-on-south-sudan