Constitutional Reform: R-ARCSS

CHAPTER VI: PARAMETERS OF PERMANENT CONSTITUTION

 

6.1. The RTGoNU shall initiate and oversee a Permanent Constitution-making Process, during the Transitional Period.

 

6.2. The Permanent Constitution-making Process shall be based on the principles of:

 

6.2.1. Supremacy of the People of South Sudan;

 

6.2.2. Initiate a Federal and democratic system of government that reflects the character of South Sudan in its various institutions taken together, guarantees good governance, constitutionalism, rule of law, human rights, gender equity and affirmative action;

 

6.2.3. Guaranteeing peace and stability, national unity and territorial integrity of the Republic of South Sudan;

 

6.2.4. Promoting people’s participation in the governance of the country through democratic, free and fair elections and the devolution of powers and resources to the states and counties;

 

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;

 

6.2.6. Ensuring the provision of the basic needs of the people through the establishment of a framework for fair and equitable economic growth and access to national resources and services;

 

6.2.7. Promoting and facilitating regional and international cooperation with South Sudan;

 

6.2.8. Committing the people of South Sudan to peaceful resolution of national issues through dialogue, tolerance, accommodation and respect of others opinions.

 

6.3. The reconstituted TNLA shall within the first six (6) months of Transitional Period enact a legislation to govern the constitutional making process.

 

6.4. The permanent constitution shall be completed not later than twenty-four (24) months following the establishment of the Transitional Period and shall be in place to guide the elections toward the end of the Transition.

 

6.5. The following phases of Constitution-making process shall be completed within twenty-four (24) months of the Transitional Period as per the timetable stipulated in the implementation mechanism process except for the transformation of the TNLA into a constituent assembly to adopt the new constitution which shall be defined by law;

 

6.6. The Executive of the Revitalized TGoNU after adequate consultations with all stakeholders including the political parties, Civil Society Organizations, Women groups, youth and Faith-based groups, shall reconstitute the National Constitutional Review Commission (NCRC) and appoints a preparatory sub-committee for convening a National Constitutional Conference (NCC)in accordance with the Act governing the constitution making process;

 

6.7. The Commission shall carryout wide consultation with the people and conduct civic education and prepare the Draft Constitutional Text;

 

6.8. The Commission shall present the Draft Constitutional Text to the Executive accompanied by a report;

 

6.9. The Draft Constitution Text presented by the Commission to the Executive shall be presented to a National Constitutional Conference (NCC) composed of selected representatives from all levels of administrations and registered institutions as shall be stipulated in the legislation governing the Constitution-making process;

 

6.10. The Constitutional Text adopted by the Constitutional Conference shall be presented by the Minister of Justice and Constitutional Affairs to a Constituent Assembly for deliberation and adoption;

 

6.11. The Parties agree that the Transitional National Legislature shall be transformed into a Constituent Assembly on the 1st date of the 27th month of the Transition for purposes of adopting the Permanent Constitution after which it shall be dissolved preceding the elections.

 

6.12. In drafting the Permanent Constitution, lessons shall be drawn from South Sudan common law, constitutional history and experience, and this Agreement;

 

6.13. The process of permanent Constitution-making shall be led and owned by the people of South Sudan.

 

6.14. The RTGoNU shall review the ongoing permanent Constitution-making process and reconstitute the National Constitutional Review Commission (NCRC). In order to ensure quality of participation and inclusiveness in the reformulated Constitution review process, the composition of the reconstituted NCRC shall include but not be limited to representatives of the RTGoNU, Political Parties, faith-based groups, women groups, youth, ethnic minorities, representatives of the private sector, CSO groups, academics, people with special needs and other professionals. The process of appointment shall be as defined in the reviewed and enacted legislation governing the constitution-making process.

 

6.15. The RTGoNU shall provide in its budgetary provisions adequate funding for the Constitution making-process.

 

6.16. The RTGoNU and the NCRC shall seek the assistance of regional and international experts to benefit from the experience, expertise and best practices to assist in the Constitution-making process.

Children’s Rights: R-ARCSS

2.1.10. The Parties shall refrain from prohibited actions outlined in the CoHA of 21st December 2017, which inter-alia include but are not limited to:

 

 

2.1.10.3. recruitment and/or use of child soldiers by armed forces or militias in contravention of international conventions;

Ceasefire: R-ARCSS

2.1. The Permanent Ceasefire

2.1.1. The Parties hereby agree that the Permanent Ceasefire signed in the Khartoum Declaration of 27th June 2018, which came into effect on 1st July 2018, shall be observed meticulously throughout the Republic of South Sudan to ensure sustainable peace, and facilitate the operationalization of the Transitional Security Arrangements and the voluntary repatriation, resettlement, rehabilitation and reintegration of returnees and Internally Displaced Persons (IDPs).

Boundary Demarcation: R-ARCSS

 

1.15.1. Within two weeks of the signing of the Revitalised ARCSS, the IGAD Executive Secretariat, taking into account the decision of the 55th Extra- Ordinary Session of the IGAD Council of Ministers held in Addis Ababa, Ethiopia, January 30-31, 2016, shall appoint an Independent Boundaries Commission (IBC) for the Republic of South Sudan.

 

 

1.15.7. The function of the IBC shall be to consider the number of States of the Republic of South Sudan, their boundaries, the composition and restructuring of the Council of States and to make recommendations on the same.

 

 

1.15.17.1. Immediately upon the signing of the Revitalised ARCSS, the IGAD Mediation shall appoint a Technical Boundary Committee (TBC) to define and demarcate the tribal areas of South Sudan as they stood on 1 January 1956.

 

 

 

Verification: Mali 2015 Accord for Peace and Reconciliation

Chapter 19: The Agreement Monitoring Committee

Article 57: After signing the Agreement, the Parties shall establish a Committee to monitor implementation of the Agreement for Peace and Reconciliation in Mali (CSA).

Article 58: The CSA shall be made up as follows: the Government of Mali, the signatory movements of the present Agreement and the Mediation Team (Algeria, as Leader, Burkina Faso, Mauritania, Niger, Chad, CEDEAO, United Nations, OCI, UA, and the EU). The permanent members of the United Nations Security Council are invited to participate in the work of the Committee. The CSA may invite as necessary, other stakeholders and international financial institutions, to participate in its work.

Article 59: The CSA shall be chaired by Algeria, Mediation Team Leader, assisted by Burkina Faso, Mauritania, Niger and Chad, as Vice-Chairs. The Committee’s headquarters shall be at Bamako; it

may occasionally meet elsewhere, as necessary. It shall meet in plenary session at least once a month, and may hold extraordinary meetings as needed.

Article 60: the CSA shall fulfil the following remit:

– ensure the monitoring, supervision, coordination and active implementation by the Parties of all the provisions of the present Agreement, without prejudice to MINUSMA’s mandate from the Security Council;

– prepare a detailed timetable for implementation of the relevant provisions and monitor this;

– assist with interpretation of the relevant provisions in case of disagreement between the Parties;

– where necessary, reconcile the Parties’ positions; and

– encourage the Government to take all necessary measures for the effective implementation

i. the location of dispersed and decentralised public services in the North;

ii. the careful adoption of constitutional, legislative and regulatory texts to enable implementation of the provisions of the Agreement;

iii. the transfer of the resources and funds needed to enable the territorial collectivities to function effectively and exercise their competences;

iv. taking measures to enable the new democratic mechanisms convened in the Agreement to be developed locally, particularly by updating electoral registers, encouraging enrolment and participation in local elections, and supporting the creation of new institutions and procedures.

Article 61: Subject to its mandate and in the limit of its capacities, MINUSMA shall manage the CSA Secretariat. MINUSMA, together with UA (MISAHEL), OCI, EU and CEDEAO, shall assist CSA to monitor implementation of the Agreement.

Article 62: To accomplish its mandate, CSA shall establish four sub-committees covering the following themes: ”political and institutional questions; “defence and security”; “economic, social and cultural development”; and “reconciliation, justice and humanitarian questions”.

Chapter 20: Independent observation

Article 63: The Parties shall appoint an independent observer for the CSA, tasked with objectively evaluating the implementation status of the present Agreement.

It shall publish a detailed report every four months reporting on achievement of the commitments made in the Agreement, identifying any blockages and responsibility for these, and making recommendations on the measures to be taken.

Article 64: The Independent Observer shall be provided with the technical support needed to carry out his mandate.

Truth and Reconciliation: Mali 2015 Accord for Peace and Reconciliation

SECTION V: RECONCILIATION, JUSTICE AND HUMANITARIAN QUESTIONS

Chapter 14: Reconciliation and justice

Article 47: The Parties shall promote genuine national reconciliation based on the following elements:

– creation of transitional justice mechanisms in particular by operationalising the Truth, Justice and Reconciliation Council (Commission Vérité, Justice et Réconciliation, CVJR);

– creation of an International Committee of Enquiry tasked with investigating all war crimes, crimes against humanity, genocide, sexual crimes and other serious violations of International Law, Human Rights and International Humanitarian Law throughout Malian territory;

– reaffirmation of the inalienable character of war crimes and crimes against humanity and the commitment of the Parties to cooperate with the International Committee of Enquiry;

– no amnesty for the authors of war crimes, crimes against humanity and serious violations of Human Rights, including violence against women, girls and infants, related to the conflict;

Reintegration: Mali 2015 Accord for Peace and Reconciliation

Chapter 8: Cantonment, integration and disarmament, demobilisation, and reinsertion (DDR)

Article 20: Integration shall take place as and when the combatants are cantoned, either by integration in the units formed by the State, including in the armed and security forces, or in civilian life. Cantoned ex-combatants who are not integrated shall be subject to DDR.

Refugees: Mali 2015 Accord for Peace and Reconciliation

Chapter 15: Humanitarian questions

Article 47: The Parties shall create the conditions needed to facilitate the rapid return, repatriation, reintegration and reinsertion of all displaced persons and refugees, and to set up mechanisms to take care of them, in accordance with the relevant African and international instruments, including the UA Convention of 1969 regulating aspects specific to the problems of refugees in Africa, and the 2009 Convention (Kampala Convention) on protection and assistance for displaced persons in Africa.

Article 48: The Parties shall invite humanitarian agencies and organisations to support their efforts to ensure the rapid return repatriation, reintegration and reinsertion of all displaced persons and refugees.

Police Reform: Mali 2015 Accord for Peace and Reconciliation

Chapter 10: Reorganisation of the Armed and Security Forces

Article 27: In the context of reform of the Armed and Security Forces, a police force shall be created, under the authority of territorial collectivities, within the framework of their police powers.