Peace Agreements

Agreement on the Resolution of the Conflict in South Sudan

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Parties: Government of the Republic of South Sudan; Sudan People’s Liberation Movement/Army (In Opposition) (SPLM/A–IO); former Detainees; other political parties

Other stakeholders: Representatives of civil society organisations; women’s block; faith-based leaders; eminent persons

Type: Intra-state

Agreement on the Resolution of the Conflict in South Sudan

17 August 2015

The Agreement consisted of eight Chapters that set out the agreements between the Parties on: the Transitional Government of National Unity; a permanent ceasefire and transitional security arrangements; humanitarian assistance and reconstruction; resource, economic and financial management arrangements; transitional justice, accountability, reconciliation and healing; parameters of the permanent Constitution; a Joint Monitoring and Evaluation Commission; and the supremacy of the Agreement. The Parties agreed that the Transitional Government would be responsible for implementing the agreement, and would hold elections 60 days before the end of the transitional period. The Parties agreed to the power-sharing ratio in the Transitional Government as well as its mandate, composition, structure of the executive and powers of the President, First Vice President and Vice President. The Agreement provided for the Transitional Legislative Assembly and Council of States, the Judiciary and the formation of a representative National Constitutional Amendment Committee. Further transitional institutions and mechanisms would be reconstituted, including the Anti-Corruption Commission, Peace Commission and Land Commission. The Agreement sets out the structure and composition of State Governments, and provided the necessary reforms ahead of the national elections.

In relation to security reforms, the Parties agreed that all non-state security actors would undergo DDR and a body would be formed to coordinate the ceasefire and oversee the process of unification of the National Defence Forces (NDF). A Strategic Defence and Security Review board would also be established to make recommendations on the needs and reform of the NDF. A Unified Command of the NDF was established by the agreement. The Parties agreed to efforts for reunification of families separated during the war. The Government would offer special consideration to conflict-affected persons in the provision of service delivery, review the draft Non-Governmental Organisations Bill and set up a Special Reconstruction Fund. The Parties agreed that political leaders would ensure that the Transitional Government is transparent and accountable and will fight corruption. The Agreement provides for institutional reforms, including of the Bank of South Sudan, Ministry of Finance and Planning, Anti-Corruption Commission and National Audit Chamber, and for review of relevant national legislation.

The Parties agreed to resource management processes and principles, including in relation to petroleum, land, water resources, agriculture and tourism, and provided for environmental protection. Provision was also made in the agreement for revenue collection, wealth sharing and revenue allocation, public expenditure, borrowing, public finance management and the establishment of an Enterprise Development Fund and an Economic and Financial Management Authority.

In relation to transitional justice, the Parties agreed to the establishment of three institutions: a Commission for Truth, Reconciliation and Healing, a Hybrid Court for South Sudan and a Compensation and Reparation Authority. Provision was made for the mandate and functioning of each of these institutions. The Parties agreed that individuals convicted or indicted by the Hybrid Court would not be eligible for participation in the Transitional Government. The Agreement further set out the principles on which the Constitution-making process would be based, including peace, unity and territorial integrity, promoting peoples’ participation in governance and resolving of issues through dialogue. The Parties agreed that the permanent Constitution would be completed within 18 months of the start of the transitional period and following wide consultation. The Parties agreed to establish a Joint Monitoring and Evaluation Commission to oversee the implementation of the Agreement.