Truth and Reconciliation Commission: R-ARCSS

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

5.2.1. Establishment of the Commission for Truth, Reconciliation and Healing (CTRH):

5.2.1.1. The RTGoNU 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.

5.2.1.2. The CTRH shall be established by a legislation, which shall be promulgated not later than three (3) months after the formation of the RTGoNU 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.

5.2.1.3. The Ministry of Justice and Constitutional Affairs of the RTGoNU, 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 V, Article (5.1.1) above. 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.

5.2.1.4. The existing Committee for National Healing, Peace and Reconciliation (CNHPR) and the National Platform for Peace and Reconciliation shall transfer all their files, records and documentation to the CTRH within fifteen (15) days following its establishment.

5.2.1.5. 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 determination of such remedial processes and mechanisms, the CTRH shall draw on existing traditional practices, processes, and mechanisms, where appropriate.

5.2.2. Mandate and Functions of the CTRH:

5.2.2.1. 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 causes of 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;

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

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

5.2.2.3.1. 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;

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

5.2.2.3.3. identify perpetrators of violations and crimes prescribed in this agreement;

5.2.2.3.4. recommend guidelines, to be endorsed by the TNLA, for determining the type and size of compensation and reparation for victims;

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

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

5.2.2.3.7. 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;

5.2.2.3.8. lead efforts to facilitate local and national reconciliation and healing;

5.2.2.3.9. 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;

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

5.2.2.4. The CTRH shall issue quarterly progress reports updating the RTGoNU 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 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.

5.2.2.5. 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.

5.2.3. Personnel and Appointment Procedures:

5.2.3.1. 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.

5.2.3.2. 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, deputised by a non-South Sudanese national.

5.2.3.3. The Executive of the RTGoNU shall nominate the four Commissioners of South Sudanese nationality and present to the Transitional National Legislative Assembly for endorsement. Furthermore, the Executive of the RTGoNU, 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 their list to the TNLA for endorsement.

5.2.3.4. 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.

5.2.4. Rights of Victims and Witnesses

5.2.4.1. 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.

Transitional Powersharing Government: R-ARCSS

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1.1.  Establishment, Seat and Term of TGoNU

1.1.1. There shall be established a Revitalised Transitional Government of National Unity (RTGoNU) in the Republic of South Sudan entrusted with the task of implementing this Agreement.

1.1.2. The Transitional Period shall commence eight (8) months after signing of this Agreement and the term of office shall be thirty-six (36) months preceded by eight (8) months of a Pre-Transitional Period.

1.1.3. The seat of the RTGoNU shall be Juba.

1.1.4. The term and mandate of the RTGoNU shall be for the duration of the Transitional Period, until such time that elections are held, except as provided for in this Agreement.

1.1.5. The RTGoNU shall hold elections sixty (60) days before the end of the Transitional Period in order to establish a democratically elected government.

1.1.6. Responsibility will be shared in the Executive of the RTGoNU among the following

1.3. Composition of the RTGoNU

1.3.1. The RTGoNU shall be composed of:

1.3.1.1. The Incumbent TGoNU, comprising: the former GRSS; the former SPLM/A-IO (led by Gen. Taban Deng Gai); and the Other Political Parties in TGoNU represented, as such, at the HLRF;

1.3.1.2. The SPLM/A-IO;

1.3.1.3. The South Sudan Opposition Alliance (SSOA);

1.3.1.4. The Former Detainees (FDs); and

1.3.1.5. The Other Political Parties outside of the Incumbent TGoNU, including the Alliance, Umbrella and political parties who participated, as such, at the HLRF.

 

1.5. Structure of the Executive of the RTGoNU

1.5.1. During the Transitional Period, the Executive of the RTGoNU shall comprise the President, the First Vice President, and four Vice Presidents, (hereinafter collectively referred to as “the Presidency” and the Council of Ministers and Deputy Ministers as follows:

1.5.1.1. H.E. Salva Kiir Mayardit shall continue as the President of the Republic of South Sudan;

1.5.1.2. The Chairman of SPLM/A-IO Dr Riek Machar Teny shall assume the position of the First Vice President of the Republic of South Sudan;

1.5.2. During the Transitional Period, there shall be four (04) Vice Presidents in the Republic of South Sudan, who shall be nominated as follows:

1.5.2.1. Vice President to be nominated by Incumbent TGoNU;

1.5.2.2. Vice President to be nominated by SSOA;

1.5.2.3. Vice President to be nominated by Incumbent TGoNU; and

1.5.2.4. Vice President to be nominated by FDs, who shall be a woman.

1.5.3. Apart from the First Vice President, there shall be no hierarchy among the Vice Presidents. The ranking in Article 1.5.2 above is for protocol purposes only.

1.5.4. The First Vice President and Vice Presidents shall oversee respectively the Cabinet Clusters as follows:

1.5.4.1. First Vice President: Governance Cluster;

1.5.4.2. Vice President: Economic Cluster;

1.5.4.3. Vice President: Services Delivery Cluster;

1.5.4.4. Vice President: Infrastructure Cluster; and

1.5.4.5. Vice President: Gender and Youth Cluster.

1.6. President of the Republic of South Sudan

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

1.7. First Vice President of the Republic of South Sudan

1.7.1. For the duration of the Transition, there shall continue to be the office of the First Vice President of the Republic of South Sudan. The office of the First Vice President shall cease to exist at the conclusion of the Transitional Period unless otherwise decided in the permanent Constitution;

1.7.2. The Chairman of the SPLM/A-IO Dr. Riek Machar Teny shall assume the position of the First Vice President of the Republic of South Sudan for the duration of the Transitional Period;

1.8. Vice Presidents of the Republic of South Sudan

1.8.1. For the duration of the Transition, there shall be established the Office of four Vice Presidents. The four Vice Presidents shall be equal in rank and their offices shall cease to exist at the conclusion of the Transitional Period.

Reparations: R-ARCSS

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3.1.2. During the Transition, the RTGoNU shall:

3.1.2.1. immediately institute programmes 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;

5.4. Compensation and Reparation Authority (CRA)

5.4.1. The RTGoNU, in recognition of the destructive impact of the conflict to the citizens of South Sudan, shall establish within six (6) months from the commencement of the Transitional Period, a Compensation and Reparation Fund, CRF and Compensation and Reparation Authority, CRA to administer the CRF.

5.4.2. The CRA:

5.4.2.1. Shall be run by an executive body to be chaired by an Executive Director appointed by the RTGoNU.

5.4.2.2. Shall be composed of an Executive body that shall include but not limited to:

5.4.2.2.1. The parties in RTGoNU;

5.4.2.2.2. Representatives of CSOs, Women groups, Faith-based leaders, Business Community, youth and traditional leaders;

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

5.4.2.4. 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 criterion by the RTGoNU;

5.4.2.5. The CRA shall manage the Compensation and Reparation Fund, the utilization of which should be guided by a law enacted by the TNLA;

5.4.2.6. The CRA shall receive applications from victims including natural and legal persons from CTRH, and make the necessary compensation and reparation as provided for in this Agreement;

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

Reintegration: R-ARCSS

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2.2.3.5. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, national security and other services. Ineligible individuals shall be referred to DDR.

 

2.3.2. Throughout the Transitional Period training of personnel selected for the military, police, security and other services shall continue. Programme of DDR shall continue for ineligible personnel.

 

Refugees: R-ARCSS

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3.1.1. During the Pre-Transitional Period and throughout the Transition, the Parties shall create an enabling political, administrative, operational and legal environment for the delivery of humanitarian assistance and protection. In addition to the Permanent Ceasefire obligations described in Chapter II, the warring Parties, shall ensure:

3.1.1.1. Secure access to civilian populations in need of emergency humanitarian assistance and protection, including establishment of safe humanitarian corridors;

3.1.1.2. The right of Refugees and Internally Displaced Persons (IDPs) to return in safety and dignity and to be afforded physical, legal and psychological protection;

3.1.1.3. The rights of returnees shall be respected in accordance with the Bill of Rights as provided for in the Transitional Constitution of the Republic of South Sudan (TCRSS), 2011, as amended. Given that, efforts shall be made to assist in the re-unification of family members who were separated during the conflict;

3.1.1.4. The right of Refugees and IDPs to citizenship and the establishment of 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;

3.1.1.5. 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;

 

3.1.2. During the Transition, the RTGoNU shall:

 

3.1.2.1. immediately institute programmes 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;

 

Ratification Mechanism: R-ARCSS

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8.1. This Revitalised Agreement shall, upon signature be binding on all parties and shall repeal the ARCSS 2015 in its entirety, and shall be ratified by the Transitional National Legislature of the Republic of South Sudan.

 

 

Prisoner Release: R-ARCSS

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2.1.6. Prisoners of War (PoWs) and detainees shall be released immediately under the supervision of the International Committee of the Red Cross (ICRC).

 

Police Reform: R-ARCSS

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2.2.3.5. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, national security and other services. Ineligible individuals shall be referred to DDR.

 

Military Reform: R-ARCSS

Written by

 

2.2.3.5. All forces shall be screened and classified according to known military criteria followed for the purposes of recruitment for the army, police, national security and other services. Ineligible individuals shall be referred to DDR.

 

Natural Resource Management: R-ARCSS

Written by

4.8.1. Oil /Petroleum

4.8.1.1. The RTGoNU, through the Ministries of Petroleum and Finance and Planning, shall implement the provisions of the Petroleum Revenue Management Act (PRMA), 2012, within three (3) months of the Transitional Period.

4.8.1.2. The RTGoNU through the Minister of Finance and 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.

4.8.1.3. 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.

4.8.1.4. 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.

4.8.1.5. 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.

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

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

4.8.1.8. 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 Commission shall be chaired by the President and deputized by the First Vice President.

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

4.8.1.10. 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.

4.8.1.11. 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.

4.8.1.12. 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.

4.8.1.13. 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.

4.8.1.14. Without prejudice to the foregoing paragraphs, the RTGoNU shall:

4.8.1.14.1. ensure transparent management of the oil industry and efficient and equitable distribution of oil wealth for the welfare of the people and sustainable development of the country in strict adherence to provisions of the revised Petroleum Act, 2012 and the revised Mining Act, 2012;

4.8.1.14.2. criminalize depositing or diverting any petroleum revenue into any account other than the Petroleum Revenue Account at the BoSS, including concession cancellation penalties for non-compliance by concessionaires;

4.8.1.14.3. empower the appropriate levels of government to develop, including policies on national and local content, and manage in consultation with the relevant communities, the various stages of oil production within the overall framework for the management of petroleum development;

4.8.1.14.4. ensure strict adherence to provisions of the revised Petroleum Act, 2012, and the Mining Act, 2012;

4.8.1.14.5. carry out, within six (6) months of the Transitional Period, an urgent audit of the Petroleum Sector and empower the National Petroleum and Gas Commission to oversee negotiations with oil companies as well as the award of concessions and licenses;

4.8.1.14.6. review the Petroleum Act, 2012 to broaden the mandate and composition of the National Petroleum and Gas Commission;

4.8.1.14.7. expedite the operationalization of the FGF and Oil Revenue Stabilization Account that shall manage oil price volatility;

4.8.1.14.8. ensure that records of payments made to the oil producing states shall be regularly published by the Ministry of Finance and Planning for public scrutiny and accountability;

4.8.1.14.9. review and audit the previous allocation and transfer of the 2% and 3% made to oil producing States since 2011;

4.8.1.14.10. review and audit all oil revenues due to the National Government and their allocation in the budget since 2011;

4.8.1.14.11. expedite the process of joining the Extractive Industries Transparency Initiative (EITI) to enhance accountability in the management of the petroleum and mining industry;

4.8.1.14.12. consult persons and communities enjoying rights to land and their views shall duly be taken into account regarding decisions to develop subterranean natural resources from the area in which they have rights, and shall also share in the benefits of the development;

4.8.1.14.13. develop national competence and capacity (training of engineers and others) to enable it to derive maximum benefit from its oil resources. In this regard, there shall be a competent and enterprising National Oil Company as well as distribution outlets;

4.8.1.14.14. review and transform the national oil company – Nile Petroleum Corporation (NPC) – and the National Petroleum and Gas Commission (NPGC) and empower them to exercise their responsibilities as stated in the Amended Constitution and law;

4.8.1.14.15. ensure efficient production and environmentally friendly extraction of natural resources, development of oil producing areas, capacity building and local content strategy, fairness in employment in the medium and long-term indigenization of the workforce;

4.8.1.14.16. honor all national and international commitments, including agreements with the Republic of Sudan on oil / petroleum agreements in accordance with the law.

4.8.2. Land

4.8.2.1. The RTGoNU shall expedite the following measures relating to the land policy and administration:

4.8.2.1.1. 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;

4.8.2.1.2. Within eighteen (18) months of the Transitional Period, establish an independent registry of Lands at all levels of government for issuance of title deeds.

4.8.2.1.3. 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;

4.8.2.1.4. Assist in the mediation of conflicts arising from land.

4.8.3. The Nile and Other Water Resources

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

4.8.4. Agriculture, Livestock, Fisheries, Wildlife and Tourism

4.8.4.1. The RTGoNU shall initiate policies, strategies and programmes for the management and development of Agriculture, Livestock, Wildlife, Tourism and Fisheries.