Transitional Powersharing Government: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER 1: TRANSITIONAL GOVERNMENT OF NATIONAL UNITY (TGoNU)

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.

Reparations: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER V. TRANSITIONAL JUSTICE, ACCOUNTABILIY, RECONCILLIATION AND HEALING

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.

Reintegration: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

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.

Refugees: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER III. HUMANITARIAN ASSISTANCE AND RECONSTRUCTION

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;

Prisoner Release: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

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.

Police Reform: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

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.

Paramilitary Groups: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER II: PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

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.

Natural Resource Management: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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CHAPTER IV. RESOURCE, ECONOMIC AND FINANCIAL MANAGEMENT

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;

 

Minority Rights: Agreement on the Resolution of the Conflict in the Republic of South Sudan

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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:

1.5. 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;