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6.2. The Permanent Constitution-making Process shall be based on the principles of:
6.2.5. 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;
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Judiciary Reform: R-ARCSS
| 1.17. The Judiciary
1.17.1. 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. 1.17.2. 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. 1.17.3. The RTGoNU shall establish an ad hoc Judicial Reform Committee (JRC) to study and make recommendations to the RTGoNU for consideration. 1.17.4. The JRC shall be chaired by an eminent and independent jurist and its members shall be drawn by the stakeholders from the legal profession. The ad hoc JRC shall be composed of: TGoNU: five (05); SPLM/A-IO: two (02); SSOA: one (01); FDs: one (01); OPP: one (01); and IGAD Representatives: two (02). 1.17.5. The JRC shall be chaired and deputized by the representatives from IGAD. 1.17.6. The reconstituted Judicial Service Commission (JSC) as provided for under Article 17.1.9, shall undertake appropriate judicial reforms and restructuring of the Judiciary during the Transitional Period. 1.17.7. There shall be established, during the Transitional Period, an independent, impartial and credible Constitutional Court, whose composition, functions and duties shall be regulated by law. |
Internally Displaced Persons: R-ARCSS
| 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;
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Electoral Reform: R-ARCSS
| 1.20.1. Within six (6) months of the signing of this Agreement, the reconstituted 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, and shall present a draft Bill to the National Legislative Assembly for adoption through the Minister of Justice and Constitutional Affairs. The Act shall permit the open registration of Parties.
1.20.3. The National Elections Act, 2012 shall be amended to conform to the terms of this Agreement, no later than seven (7) months after the commencement of the Transitional Period. No later than twelve (12) months after the commencement of the Transitional Period, the President, in consultation with the Parties to this Agreement and with the approval of the TNLA, shall reconstitute a competent and impartial National Elections Commission (NEC), to conduct elections.
1.20.5. Within two (2) months of the adoption of the Permanent Constitution, the National Elections Act 2012, shall be amended to conform to the terms of the Permanent Constitution.
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Donor Support: R-ARCSS
Development: R-ARCSS
| 2.2.2. The Parties agree to the disengagement and separation of their forces, which are in close proximity, and the assembly and cantonment of their forces within thirty (30) days of the signing of this Agreement to enable registration of personnel, weapons and equipment accountability, screening, re-organization and/or disarmament and demobilization. Forces in cantonment shall receive non-military logistical supplies including food, shelter and access to medical care
2.2.3. The following activities shall take place during the Pre-Transitional Period:
2.2.3.2. Disengagement, separation of forces and collection of long and medium range heavy weapons.
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Disarmament: R-ARCSS
| 2.2.2. The Parties agree to the disengagement and separation of their forces, which are in close proximity, and the assembly and cantonment of their forces within thirty (30) days of the signing of this Agreement to enable registration of personnel, weapons and equipment accountability, screening, re-organization and/or disarmament and demobilization. Forces in cantonment shall receive non-military logistical supplies including food, shelter and access to medical care
2.2.3. The following activities shall take place during the Pre-Transitional Period:
2.2.3.2. Disengagement, separation of forces and collection of long and medium range heavy weapons.
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Detailed Timeline: R-ARCSS
| Each provision has an implementation timeframe in Annexure D: Revitalised ARCSS Implementation Matrix 2018 |
Demobilization: R-ARCSS
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2.2.2. The Parties agree to the disengagement and separation of their forces, which are in close proximity, and the assembly and cantonment of their forces within thirty (30) days of the signing of this Agreement to enable registration of personnel, weapons and equipment accountability, screening, re-organization and/or disarmament and demobilization. Forces in cantonment shall receive non-military logistical supplies including food, shelter and access to medical care
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Cultural Protections: R-ARCSS
| 6.2. The Permanent Constitution-making Process shall be based on the principles of:
6.2.5. 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;
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