August 1st 2018 (Nyamilepedia) – The Sudanese mediation has released the areas of disagreement or the areas bracketed which may be subjected to further discussion between the parties who signed the agreement (preliminary) and the Former Detainees. Nyamilepedia has obtained the areas of disagreement and are marked in RED colors as follow.
BRACKETED ISSUES WITH RESPECT TOÂ AGREEMENT
ON
OUTSTANDING ISSUES OF GOVERNANCE
Mindful of our commitment under the Transitional Constitution of the Republic of SouthSudan, 2011, (TCRSS) as amended, to lay the foundation for a united, peaceful andprosperous society based on justice, equality, respect for human rights and the rule of law, Deeply regretting the scale of untold human suffering that had befallen our country and people as a result of disregarding this commitment,
Determined to compensate our people by recommitting ourselves to peace and
constitutionalism and not to repeat mistakes of the past,
Recognizing the prime significance of preserving the sovereignty and territorial integrity of
our country,
Cognizant that a federal system of government is a popular demand of the people of the
Republic of South Sudan and of the need for the Revitalized TGoNU to reflect this demand
by way of devolution of more powers and resources to lower levels of government,
Confirming the commitments that we have solemnly undertaken in the ARCSS and the
Khartoum Declaration,
We the Parties, comprising of Transitional Government of National Unity (TGoNU) of the
Republic of South Sudan, the Sudan People’s Liberation Movement Army-In Opposition
(SPLM/A-IO), the South Sudan Opposition Alliance (SSOA), Former Detainees (FDs), and
Other Political Parties (OPP), collectively referred to as the Parties, confirm our commitment to the agreed parts of the Revised Bridging Proposal and do hereby resolve as follows:
1. The Presidency:
1.1. During the Transitional Period:
a. H.E. Salva Kiir Mayardit shall continue as President of the Republic of South Sudan.
b. 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.
1.2. During the Transitional Period there shall be four Vice Presidents of the Republic of
South Sudan who shall be nominated as follows:
a. Vice President to be nominated by Incumbent TGoNU.
b. Vice President to be nominated by SSOA.
c. Vice President to be nominated by Incumbent TGoNU.
d. Vice President to be nominated by FDs, who shall be a woman.
1.3. Apart from the First Vice President, there shall be no hierarchy among the Vice
Presidents. The ranking in 1.2 above is for protocol purposes only.
1.4. Decision making in the Presidency shall be in a spirit of collegial collaboration.
However, the powers and functions of the President, First Vice President, and Vice
Presidents shall be delineated along the provisions of the ARCSS 2015.
1.5. The First Vice President and Vice Presidents shall oversee respectively the following
Cabinet Clusters:
2
a) First Vice President: Governance Cluster.
b) Vice President: Economic Cluster.
c) Vice President: Services Cluster.
d) Vice President: Infrastructure Cluster.
e) Vice President: Gender and Youth Cluster.
2. The Revitalized TGoNU:
2.1. The Council of Ministers shall comprise of thirty five (35) Ministers that shall be
organized in the abovementioned five (5) Clusters.
2.2. The three Clusters stated in the ARCSS shall continue having due regard to the
amendments required as a result of creating new Clusters and new Ministries.
2.3. The Infrastructure Cluster shall include Ministries of Energy and Dams; Transport;
Roads and Bridges; and any other appropriate Ministry of the five new Ministries.
2.4. The Gender and Youth Cluster shall include Ministries of Gender, Child and Social
Welfare; Culture and Heritage, Youth, and Sports; and any appropriate Ministry of the five
new Ministries.
2.5. The additional five Ministries and their clustering shall be agreed by the Parties before
or during the Pre-Transitional Period further to a proposal to be drawn by the IGAD. The
full list of the thirty five (35) Ministries and their clustering shall be drawn at that time and
shall be included in the Revitalized ARCSS.
2.6. The Ministerial positions shall be allocated as follows:
a. Incumbent TGoNU: 20 Ministries.
b. SPLM/A-IO: 09Ministries.
c. SSOA: 03 Ministries.
d. FDs: 02 Ministries.
e. OPP: ministry.
FDS POSITION:
2.6.1 Ministerial positions shall be allocated as per the responsibility-sharing ratios specified in sub-article (4.3.1) of the Revised Bridging Proposal (Addis Ababa 12 June 2018). These ratios shall apply to all levels of government, national, state and local.
2.7. There shall be ten (10) Deputy Ministers in the following Ministries:
a. Cabinet Affairs.
b. Foreign Affairs and International Cooperation.
c. Defense and Veteran Affairs.
d. Interior.
e. Justice and Constitutional Affairs.
f. Finance and Planning.
g. Agriculture and Food Security.
h. General Education and Instruction.
i. Public Service and Human Resources Development.
j. Information, Telecommunication, Technology and Postal Services
2.8. Deputy Ministers shall be allocated as follows:
a. Incumbent TGoNU: five (5) Deputy Ministers.
b. SPLM/A-IO: three (3) Deputy Ministers.
3
c. SSOA: one (1) Deputy Minister.
d. OPP: one (1) Deputy Minister.
FDS POSITION:
2.8.1 Deputy ministers shall be appointed by the Party holding the respective ministry as per article (10.5.4) of ARCISS 2015.
 2.9. The Parties shall agree on the assigning of Ministerial and Deputy Ministerial portfolios and nominate their Ministers and Deputy Ministers accordingly.
POSITION:
2.9.1 Ministerial and Deputy ministerial portfolios shall be allocated and appointed as per
article (10.5.4) of ARCISS 2015.
2.10. No fewer than three (3) of the Deputy Ministers shall be women.
2.11. No Assistant Presidents, other Ministers or Deputy Ministers shall be appointed during the Transitional Period.
2.12. If more than two Advisers to the President are appointed, their selection shall take
place in consultation with the Parties.
3. The Transitional National Legislature:
3.1. The Transitional National Legislature (TNL) shall consist of the Transitional National
Legislative Assembly (TNLA) and the Council of States.
3.2. The TNLA shall be expanded to 550 members and reconstituted as follows:
a. Incumbent TGoNU: 332 members.
b. SPLM/A-IO: 128 members.
c. SSOA: 50 members.
d. OPP: 30 members.
e. FDs: 10 members.
FDS POSITION:
3.2.1 The TNLA seats shall be allocated as per the responsibility sharing ratios specified in
sub-article (2.6.1) above and shall apply to state legislative assemblies as well.
3.3. The Speaker of the TNLA shall be nominated by the Incumbent TGoNU. One Deputy
Speaker shall be nominated by SPLM/A-IO; another, who shall be a woman, shall be
nominated by the Incumbent TGoNU; and a third Deputy Speaker to be nominated by OPP.
3.4. Upon issuing the final report of the IBC the Council of States shall be reconstituted as
shall be recommended by the IBC. However, if the IBC failed to issue its final report, the
Council of States shall be reconstituted pursuant to the outcome of the referendum.
3.5. Without prejudice to the recommendations of the IBC, the Speaker of the Council of
States shall be from SPLM-IO, Deputy Speaker from TGoNU, who shall be a woman, and
Deputy Speaker from SSOA. For the purpose of regional inclusivity required in a body
representing the States, each of the Speaker and Deputy Speakers shall come from a
different region.
4. Number and Boundaries of States:
4.1. Within two weeks of the signing of the Revitalized 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.
FDS POSITION: option one
4.1.1. Within two weeks of the signing of the Revitalized ARCSS, the IGAD Executive
Secretariat, taking into account the decision of the 55th Extra-Ordinary Session of the
IGAD Council of Ministers (CoM) held in Addis Ababa, Ethiopia, January 30-31, 2016,
shall appoint an inclusive, participatory National Boundary Commission (NBC) comprising all Parties to the revitalized ARCSS.
4.1.2 The Commission shall fully apply in letter and sprit the decision of 55th Extraordinary
Session of IGAD CoM referred to above, which described the creation of 28 new states (now 32) as inconsistent with the terms of ARCSS.
4.1.3. In the event there are outstanding disputes at the end of NBC review process,
which shall not exceed a period of one month, the Parties shall revert to the provisions
of the ARCSS 2015.
FDS POSITION: Option two
4.1. Within two weeks of the signing of the Revitalized 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.
4.2. The IBC shall consist of fifteen (15) members with the necessary skills and expertise.
4.3. Members of the IBC shall be appointed as follows:
a. Five (5) members to be appointed by Incumbent TGoNU.
b. Five (5) members to be appointed by opposition groups: two (2) from SPLM/A-IO,
one (1) from SSOA, one (1) from FDs, and one (1) from OPP.
c. Five (5) highly experienced members to be appointed by C5 states (Algeria, Chad,
Nigeria, South Africa and Rwanda).
4.4. The IBC shall be chaired by one of its non-South Sudanese members who shall be of
recognized standing and integrity and who should have had occupied a senior judicial,
executive or administrative position in his/her home country.
4.5. The IBC may retain the services of a team of experts from South Sudan, the IGAD
region, AU, the Troika, and the international community as required.
4.6. If found appropriate, the IBC shall establish three teams, each consisting of five
representatives and relevant experts, to be deployed at locations it will designate.
4.7. 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.
FDS POSITION:
4.7.1. The function of the IBC shall be to operationalize the decision of the 55th Extraordinary session of IGAD CoM, January 2016.
4.8. The IBC shall study all viable alternatives in the light of guidelines that shall be drawn
beforehand and right at the beginning of its work. The IBC shall also draw its own internal
regulations. Adoption of the guidelines and internal regulations shall be by simple majority
of the IBC.
4.9. The IBC shall strive to adopt its final report by consensus. If consensus is not achieved, the IBC shall adopt its final report by a decision that shall be supported by at least seven (7) of its South Sudanese members.
FDS POSITION:
4.9.1. The IBC shall strive to adopt its final report by consensus. If consensus is not achieved, the matter shall be referred to a five-Judges tribunal. The judges who shall be appointed the tribunal shall be of status of judge of a higher court. The tribunal shall be chaired by a none-South Sudanese judge appointed by IGAD.
4.10. The recommendations of the IBC shall be presented to the IGAD Executive Secretariat and shall be immediately communicated to the Parties.
4.11. The Parties agree to abide by the recommendations of the IBC, and hereby authorize
the IGAD Executive Secretariat to enshrine the same in the Revitalized ARCSS as an
addendum. The Parties accept to implement the recommendations in full at the beginning of the Transitional Period.
4.12. The IBC shall complete its work within a maximum of ninety (90) days that shall not be extendable.
4.13. In the unlikely event of the IBC failing to make its final report before the end of its
term, the IBC shall be automatically transformed on the 90th day of its term into Referendum Commission on Number and Boundaries of States (RCNBS) of the Republic of South Sudan.
FDS POSITION:
4.13.1 In the unlikely event of the IBC failing to make its final report before the end of its
term, the matter shall be referred to a five-Judges tribunal as came in sub-article (4.9.1.)
above.
4.14. The RCNBS shall work under the direct supervision and support of the African Union
and the IGAD, and pursuant to International guidelines, and shall conduct the referendum
before the end of the agreed eight (8) months Pre-Transitional Period.
4.15. The referendum shall be conducted on the number and boundaries of States of the
Republic of South Sudan; taking account of the positions advanced by Parties. The question or set of questions that shall be posed in the referendum shall be the same for the entire country unless it is decided in the RCNBS that each State shall have different question or set of questions more understandable to the people.
5. States and Local Government
5.1. The Responsibility sharing ratio at State level and local government levels shall be
agreed by the Parties before the signing of the Revitalized ARCSS.
a. Position of Incumbent TGoNU: 65% – 35%
b. Position of opposition parties: 51%-49%
c. Mediation proposal: 55%-45% (IO 27%, SSOA 10%, OPP 8%)
FDS POSITION:
5.1.A. Ministerial positions at state and local levels shall be allocated as per the responsibility sharing ratios specified in sub-article (4.3.1) of the Revised Bridging Proposal (Addis Ababa 12 June 2018).
5.2. At the beginning of the Transitional Period State and local governments shall be
reconstituted as per the responsibility sharing formula stated above.
5.3. The positions that shall be shared as per the responsibility sharing formula are:
Governors, Speakers of State Legislatures, State Councils of Ministers, State Legislatures,
County Commissioners, and County Councils (if any).
5.4. In sharing State and local government positions the Parties shall take into account the
relative prominence each Party has in the respective State or county.
5.4.1. Ministerial positions at state and local levels shall be allocated as per the responsibility sharing ratios specified in sub-article (4.3.1) of the Revised Bridging Proposal (Addis Ababa 12 June 2018).
5.5. The FDs shall have three State Ministers in States of their choice that shall be deducted from the opposition ratio.
5.5.1. Ministerial positions at state and local levels shall be allocated as per the responsibility sharing ratios specified in sub-article (4.3.1) of the Revised Bridging Proposal (Addis Ababa 12 June 2018).
6. General Provisions:
6.1. The Parties recognize that during the Pre-Transitional Period, the Incumbent TGoNU
shall continue to exercise its powers as per the TCRSS.
6.2. At the beginning of the Pre-Transitional Period, the Parties shall issue a solemn
commitment to their people and the international community at large confirming
unequivocally that they will not return to war and shall work hand in hand diligently and
collectively for the sake of peace and stability of their country. In particular, the Parties shall pledge to use the resources of the country wisely and transparently, for the best interests of the people of the Republic of South Sudan, and to put in place the efficient mechanisms required for achieving this paramount goal. In their solemn commitment the Parties shall also appeal to the international community for support and cooperation at this difficult time of the Republic of South Sudan.
6.3. The activities that shall be undertaken during the agreed eight (8) months Pre–
Transitional Period shall include:
a. Dissemination of the Revitalized ARCSS to South Sudanese people inside the
country, in different cities and refugee camps in neighboring countries, and in
diaspora, so that the people can understand, support and own it.
b. Carrying out the tasks entrusted to the IBC and the RCNBS.
c. A process of national healing and reconciliation that shall be led by the Parties,
churches and civil society groups inside and outside of the Republic of South Sudan.
d. The agreed security arrangement activities.
7
e. Incorporation of the Revitalized ARCSS in the TCRSS.
f. Reviewing and drafting necessary bills as per the Revitalized ARCSS.
g. Any other activities agreed by the Parties including the devolution of more powers
and resources to lower level of government.
6.4. Provisions of the Transitional Constitution of the Republic of South Sudan and ARCSS
on participation of women (35 %) in the Executive shall be observed. In particular, in their
nominations to the Council of Ministers Incumbent TGoNU shall nominate no fewer than
six (6) women, SPLM-IO shall nominate no fewer than three (3) women, and SSOA shall
nominate no less that one (1) woman.
6.5. Having in mind that more than 70 percent of the population in the Republic of South
Sudan is under the age of thirty and that youth are the most affected by the war and
represent high percentage of refugees and IDPs, the Parties shall strive to include people of young age in their quotas at different levels. In particular, the Parties shall strive that the Minister of Culture, Youth, and Sports in the Revitalized TGoNU shall be less than forty (40) years old.
6.6. In selecting their nominees, the Parties shall give due consideration to national diversity, gender and regional representation.
6.7. Without prejudice to the provisions of Paragraph 6.1. above, a National Pre–Transitional Committee (NPTC) shall be formed as follows by the President of the Republic of South Sudan within two weeks of signing the Revitalized ARCSS:
FDS POSITION:
6.7.A Without prejudice to Paragraph 6.1. above, an Independent Pre–Transitional
Committee (IPTC) shall be formed by the IGAD Secretariat and the Parties within two
weeks of signing the Revitalized ARCSS:
a. The NPTC shall be formed of ten members representing the Parties as follows: five
(5) for Incumbent TGoNU, two (2) for SLPM/A-IO, one (1) for SSOA, one (1) for FDs,
and one (1) for OPP. The NPTC shall be chaired by TGoNU representative with two
Deputy Chairs to be nominated by SPLM/A-IO and SSOA respectively, and shall
adopt its decisions by consensus.
b. FDS POSITION: a. The IPTC shall be formed of twelve (12) members representing
the Parties and IGAD as follows: five (5) for Incumbent TGoNU, two (2) for
SLPM/A-IO, one (1) for SSOA, one (1) for FDs, one (1) for OPP and two (2) for IGAD
and its partners. The IPTC shall be chaired by TGoNU representative with two
Deputy Chairs to be nominated by SPLM/A-IO and SSOA respectively, and shall
adopt its decisions by consensus.
c. The NPTC shall be entrusted with the function of oversight and coordination of the
implementation of the activities of the Pre–Transitional Period stated in 6.3 above in
collaboration with the Incumbent TGoNU .
d. The NPTC shall draw the road map for implementing the political tasks of the Pre-
Transitional Period, prepare a budget for the activities of the Pre–Transitional Period,
and address issues of VIP security and preparations for new Ministers, among
others.
e. . The NPTC shall be dissolved when the Pre-Transitional Period ends.
8
6.8. There shall be established a fund, to be drawn from government funds and
contributions of donors, for the implementation of the activities of the Pre–Transitional
Period. The fund shall be deposited by Incumbent TGoNU in especial account in a bank
agreed to by the NPTC. The NPTC shall manage the fund transparently and report on it
monthly to the President of the Republic of South Sudan and to the Parties.
FDS POSITION:
6.8.1 The IGAD-led mediation in consultations with the Parties, shall establish a fund to be
drawn from government funds and contributions of donors, for the implementation of the
activities of the Pre–Transitional Period. The fund shall be deposited by incumbent TGoNU
in an escrow account in a bank agreed to by the IPTC. The IPTC shall manage the fund
transparently and report on it monthly to the President of the Republic of South Sudan and
to the Parties.
6.9. The IGAD-led mediation shall revitalize and restructure all monitoring and evaluation
mechanisms to ensure inclusion of all Parties and to enhance the effectiveness of all
mechanisms. Such review and restructuring shall be reflected in the Revitalized ARCSS.
6.10. Within 12 (twelve) months of the beginning of the Transitional Period, the
Reconstituted National Constitutional Amendments Committee (NCAC) shall revise
relevant laws and draft new legislations pursuant to the Revitalized ARCSS.
6.11. The Parties reaffirm their agreement in the ARCSS that a federal and democratic
system of governance that reflects the character of the Republic of South Sudan and ensures
unity in diversity be enacted during the permanent constitution making process.
6.12. The Parties also reaffirm their commitment to the principle of lean government and
that the number of members of the future legislatures shall be commensurate with the
number of the population of the country pursuant to the internationally recognized
proportions. The Parties recognize that the high number of members of the Executive and
TNLA is agreed herein on exceptional basis for the purposes of the Transitional Period only
and that those numbers shall form no precedent or any precursor for the future.
6.13. This Agreement shall prevail on contradictory or incompatible provisions of ARCSS,
any other agreement and the Revised Bridging Proposal.
FDS POSITION:
6.13.1 This Agreement shall be harmonized with the relevant provisions of ARCSS.
Done in Khartoum, Sudan, this day 25th of July 2018.
For Incumbent TGoNU
…………………………………………………………………………..
For SPLM/A-IO
……………………………………………………………………………
For SSOA
……………………………………………………………………………
9
For FDs
………………………………………………………………………………
For OPP
………………………………………………………………………………
For the Republic of Sudan (Guarantor):
………………………………………………………………………….
For IGAD (Witness):
…………………………………………………………………………..
For Civil Society (Witness):
………………………………………………………………………
