By Simon Geah,
Sep 15, 2020(Nyamilepedia)— Are you surprised, astonished or annoyed why there is so much delay in the formation of the Revitalized Transitional Government of National Unity in South Sudan?
Well, you should not.
Here are facts about the circumstances behind the delay in the formation of the Transitional Government of National Unity;
South Sudan government is facing a daunting and precedence realities that comes with the implementation of this agreement. These include the mandates to establish two powerful institutions such as “Commission for Truth, Reconciliation and Healing (CTRH)” as well as the establishment of the unwanted “Hybrid Court for South Sudan (HCSS). Again, the duration of the 36 months Transitional Period would start straight away after the full commencement of the Revitalized Transitional Government of National Unity.
The government does not wants to delay the establishment of two institutions in all means possible. Therefore, they have to employ any strategy that might helps them delay these to happen. A political maneuver which must tactically aid them to push for more times.
According to the “Revitalized Agreement on the Resolution of the Conflict in South Sudan, (R-ARCSS)” 2018, the parties to the agreement were required to establish a “Revitalized Transitional Government of National Unity” immediately, and starts it’s functions within eight months prior to the singing of the agreement. See, chapter 1. Article 1.1.2. of the agreement. With this, the agreement means that all the government structures and institutions must be in place within the times period of eight months without delay.
Furthermore, it means that the counting of the “thirty-six (36) months” time-frame for the Revitalized Transitional Government of National Unity would begin immediately after the full commencement of the R-TGONU, which is problematic to the government.
Why this is a problem to the government?
The formation of the R-TGONU, and implementation of its mandates is a challenging phenomenon for the parties to the agreement. For it comes with so much conditions that ones could not predict whether these conditions would be against him/her or not. These conditions include, the establishment of the Commission for Truth, Reconciliation and Healing (CTRH) which seems to be against the wills of many officials in the government including the president himself. For example, the agreement tasked this institution with an outstanding mandates to investigate all the crimes committed during the conflict, identify perpetuators, receive applications from the victims, and order the returns of any property acquired illegally during the conflict to the right owners. See, article, 5.2.2.3.1. and 2 of the agreement.
This is a problem because those to be identified are government agencies, the properties occupants are the government agencies, and perpetuators are government agencies. As a result, government is finding it difficult to dealing wit this reality and the only ways to make sure it does not happen is to delay the implementation of the agreement by any means possible.
Again, there is this unwanted mandate within the agreement, which is terrifying the government more than the others. The establishment of “Hybrid Court for South Sudan (HCSS)” article 5.3. of the agreement. This institution is the one to be blamed for the ultimate delay in the formation of the Revitalized Transitional Government of National Unity in South Sudan. It’s mandates are overwhelmingly scaring the parties to the agreement. Because, one of its mandates is to hold accountable those who were “responsible” for the “crimes committed from 15th December 2013 through the end of the Transitional Period” article 5.3.1.1. of the 2018 agreement. 95% of the agreement officials are to be counted for most of these crimes.
In addition, it stipulated that anyone found guilty by the HCSS, will definitely be indicted from taking part in the Revitalized Transitional Government of National Unity, through the period of the Transitional Period.
This is what the agreement says in article, 5.5.1. “ individuals indicted or convicted by the HCSS shall not be eligible for participation in the R-TGONU, or in its successor government(s) for a period determined by law, or, if already participating in the R-TGONU, or in its successor government(s), they shall lose their position in government” see article 5.5.1. These are so striking to the government because they are the first suspects for most of the crimes committed during the 2013 to this time.
With all these, the government is left with no options rather than relying on delaying tactics for them to buy more times for the things to adjust themselves. Here I conclude, if there is no interventions both from the IGAD, AU, and the United Nations, this tactical delay will continue as long as the government wish to do so because it favor them in this way.
Many thanks to you all!
Simon is a concern citizen of South Sudan, and an Independent Political Analyst. He can be reached on simon.geah@yahoo.com
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