sudan tribune€¦ · web viewthis report presents some findings and arguments on the 14 months of...

COMMUNITY EMPOWERMENT FOR PROGRESS ORGANIZATION

STATUS OF R-ARCSS IMPLEMENTATION

14 MONTHS OF PRE-TRANSITIONAL PERIOD: LESSONS LEARNED AND

WAYWARD

12th October 2019

Abstract: This report presents some findings and arguments on the 14 months of the pre-

transitional period for implementing the Revitalized Agreement on the Resolution of Conflict in

South Sudan (R-ARCSS). The 14 months of the pre-transitional period were unable to deliver the

intended outcomes that were designed under the (R-ARCSS). It has evidently been proved that

CEPO OVERSIGHT OBSERVATION REPORT ON R-ARCSS 1

several factors, including the inadequate and untimely release of funds; lack of trust and confidence

among the top leadership of the parties towards working together; lack of political will and politics

of bad faith, largely contributed to the slow execution of the pre-transitional tasks. Regionally, the

Intergovernmental Authority on Development (IGAD) lacked an institutional establishment at its

technical headquarter level for coordinating efforts between various institutions and mechanism

tasked to deliver the pre-transitional tasks. Additionally, the African Union (AU) established adhoc

committee that comprises of South Africa, Rwanda, Chad, Nigeria and Algeria has been ineffective in

its role of complementing IGAD’s efforts for genuine implementation of the (R-ARCSS) during the

pre-transitional period. Therefore, any way forward on the fate of the November 12, 2019 deadline

or any decision from any party should focus on the gaining political consensus among the parties’

signatories to the (R-ARCSS).

1. EXECUTIVE SUMMARY

The 14 months of pre-transitional period was evidently witnessed by the high level of

deficit in trust and confidence among the top leadership of parties that signed the R-ARCSS

on September 12, 2018. The slow performance of the parties in delivering the intended

tasks of the pre-transitional period was a clear indicator of the lack of good faith politics

and political will among the top leadership of the parties to the R-ARCSS. One of the key

factors to be avoided is the formation of an exclusive government without the genuine trust

and confidence among the top leadership of parties’ signatories to the R-ARCSS. Formation

of any exclusive government has many negative implications on the fate of genuine

implementation of the R-ARCSS. Currently, the key deadlocks before the parties that

require their compromises for breakthrough are;

a) Adequate funding for pending issues in the security arrangements

b) Resolving the issue of boundaries and the numbers of states through a political decision

c) Enactment of amendments of five security laws before formation of the Revitalized

Transitional Government of National Unity

d) Incorporation of the R-ARCSS into the Transitional Constitution 2011 amended in 2015

before the formation of the Revitalized Transitional Government of National Unity

e) Genuine distribution of ministerial portfolios and allocation of states among the parties


The deadlocks before the parties’ signatory to the R-ARCSS are matters that require

demonstration of political will and good faith politics from the top leadership of the

parties’. The top leaders of the parties can only resolve these deadlocks by doing the

following;

a) Increase interaction/dialogues on seeking possible compromise solution on the

outstanding issues

b) Abolish the language of imposing pre-conditions and threats

c) Prioritize adequate and timely funding of outstanding issues in the R-ARCSS

d) Improve external relations through embracing dialogue

Regionally, IGAD should improve its approach for handling the R-ARCSS implementation.

Among the key improvements required are;

a) Establishing a unit for handling South Sudan peace agreement implementation at

headquarter level. The unit should focus on strengthening coordination of various

efforts on R-ARCSS implementation

b) The IGAD Special Envoy to South Sudan should approach behind the scene issues with

full respect to the principle of inclusivity

On the other hand, AU ad hoc committee should step up its role of complementing IGAD’s

role in the implementation of the R-ARCSS.

Finally, there is a clear dilemma on the fate of the formation of Revitalized Transitional

Government of National Unity on November 12, 2019. The increases in the parties’

attitudes to give pre-conditions are potential indicators may call for more extension of the

pre-transitional period. Lack of trust and confidence among the parties makes it hard to

reach a political consensus and compromise.

2. INTENDED TASKS TO BE DELIVERED BEFORE 12 TH NOVEMBER 2019 (14 MONTHS

OF THE PRE-TRANSITIONAL PERIOD)

SECURITY TASKS Status of POLITICAL TASKS Status of


deliverance deliverance

Reconstituting

Disarmament and

Demobilization and

Reintegration Commission

(DDRC)

Accomplished Incorporation of R-

ARCSS into the

Transitional

Constitution 2011

amended 2015

Not accomplished

Reviewing the five security

laws, namely SPLA Act,

National Security Service

Act, Police Service Act,

Wildlife Act, Prison Service

Act and Fire Brigade Bill

Accomplished Enacting the

proposed

amendments on the

five security laws

namely, SPLA Act,

National Security

Service Act, Police

Service Act, Wildlife

Act, Prison Service

Act and Fire Bridge

Bill

Not accomplished

Cantoning and barracking

forces

Accomplished Resolving the issue

of boundaries and

number of States

Not accomplished

Forces vacating civilians

sites

Partial

accomplished but

new occupation is

taking place

Rebuilding Trust

and Confidence

Partially

accomplished

Developing Unified

Necessary forces training

curriculum(Instructors

and Trainee curriculums)

Accomplished Distributing

responsibility

sharing at national,

state and local

government levels

Not accomplished

Training and graduation of Accomplished Prohibition of hate Partially


instructors for training the

unified necessary forces

speech and hostile

propaganda

accomplished

Screening of forces Partially

accomplished

Political Parties

disseminating the R-

ARCSS to their

constituents and

citizens

Partially

accomplished (with

the support of the

United Nations

Mission in South

Sudan)

Formation of the VIP

Protection Unit (Trained

and redeployed

Partially

accomplished

Collection of light and

heavy weaponry

Not

accomplished

Training and redeploying

unified necessary forces

Not

accomplished

3. UPDATES ON THE STATUS OF THE REVITALIZED AGREEMENT ON THE

RESOLUTION OF CONFLICT IN SOUTH SUDAN IMPLEMENTATION AND

PERFORMANCE OF ACTORS

Thematic task Details action

on the task

Status of

implement

ation

Identified issues Suggestions for way

forward

CHAPTER 1:

Incorporation

of the R-ARCSS

into

Transitional

Constitution,

2011 Amended,

2015

Reasonable -

compliance

The draft of the

constitutional bill is

before the

Transitional

National Legislative

Assembly and it

seems parliament

is reluctant to pass

it

The Transitional


Assembly Parliament

should take action on

R-ARCSS

incorporation into

the Transitional

Constitutional , 2011,

amended 2015


REVITALIZED

TRANSITIONAL

GOVERNMENT

OF NATIONAL

UNITY –

GOVERNANCE

before November

12, 2019

Amendment of

the five security

laws namely

Police Services

Act, SPLA Act,

National

Security

Services Act,

Prison Services

Act, Wildlife

Act, Fire Bridge

Bill, 2019

Reasonable -

compliance

The Transitional


Assembly

Parliament is

reluctant to act on

this matter

The Transitional


Assembly should

take action on

amendments of the

five security laws

before it

Implementation

of the

affirmative

action of at least

35% for women

at institutions

and mechanism

for the R-ARCSS

implementation

Non-

compliance

R-ARCSS

implementation

mechanisms

namely

RJMEC,CTSAMVM,

NCAC, SDSRB, JDB,

JMCC & JTSC failed

to meet the

threshold of 35%

for women

The mechanisms for

the implementation

of R-ARCSS

leadership should

insist on parties to

meet the threshold

of 35% for women

during their

members

appointment to any

mechanism

R-ARCSS

implementation

institutions under

National Pre-

Transitional

The institutions

(under NPTC and

NPTC secretariat) for

the implementation

of R-ARCSS


Committee (NPTC)

including NPTC

secretariat failed to

meet the threshold

of at least 35% for

women

leadership should

review for the

parties to meet the

threshold of at least

35% for women

during their

members

appointment to any

mechanism

Resolution of

the boundaries

and number of

the states

Non-

Compliance

Absence of

consensus and

compromises

among the parties

to R-ARCSS

The issues of the

boundaries and

number of states is

totally a political

issue that requires

political decision

with consensus

among the parties’

signatories to R-

ARCSS.

The issue of the

boundaries and

number of the states

needs to be handle

with extra-care and

wisdom among the

political elites. It is a

politically emotional

issue

Observing Compliance The military The military


CHAPTER 2

PERMANENT

CEASEFIRE AND

TRANSITIONAL

SECURITY

ARRANGEMENT

Ceasefire leadership of

parties signatories

to R-ARCSS

demonstrated

genuine

responsibility for

making their forces

obey the ceasefire

leadership should be

encouraged to keep

the spirit of

compliance with the

ceasefire

Vacation of

occupied

civilians sites

by the parties

forces

Slow-

compliance

The military

leadership of the

parties to R-ARCSS

should get their

forces away from

occupying the

civilians sites

Vacating civilians

sites occupied by the

parties forces should

be embrace because

it increase civilian

trust and confidence

on R-ARCSS

Cantoning and

barracking of

forces

Reasonable-

Compliance

The process of

cantoning and

barracking forces is

moving on well but

very slow and

behind expected

schedule

Still some

compliance are

required for forces to

report to some of

cantonment sites

and barracks

The great challenge

before the

cantoned and

barracked forces is

inadequate social

services such as

proper shelter,

food, drinking

Prioritizing social

services of the forces

in cantonment sites

and barracks should

be taken seriously by

the political

leadership because

chances of the forces


water and medical

care

turning to get food

by force from civilian

sites is high

Screening/

registration of

forces in

cantonment

sites and

barracks

Compliance 68,000 troops are

successfully

registered for the

process of creating

unified forces

The registration of

the forces has to

undergone proper

due diligence

process

Training of

necessary

unified forces

instructors

Compliance The graduated

instructors for the

training of the

necessary unified

forces was

welcomed

Catering for the

needs/services of

the instructors for

the training of the

necessary unified

forces should be

taken seriously by

the political

leadership of the

parties to R-ARCSS

Establishing VIP

protection unit

Reasonable-

Compliance

On-going

preparations for

making the VIP

protection unit

functional is

reasonable

Political leadership

of the parties is

required to provide

political will for VIP

protection unit to

operationalize and

act independently

from political

influence

Training of

necessary

Non-

Compliances

The training and

redeployment of

Parties should get

together for reaching


unified forces

(41,000 out of

83,000)

including

redeployment

of the trained

necessary

unified forces

the 41,000 forces

may need at least

45 days of effective

training before

redeployment

political consensus

on the of training

and redeployment of

the 41,000 forces

Prohibition of

hate speech

Reasonable-

Compliance

The spread of hate

speech among the

leadership of the

parties to R-ARCSS

has reduced, but

remains high

among their

supporters

The top leadership

of the parties to R-

ARCSS should take

the responsibility of

warning supporters

of their parties about

the dangers of hate

speech

Prohibition of

hostile

propaganda

Inadequate-

Compliance

The issue of hostile

propaganda among

some leadership of

the parties to R-

ARCSS still exist,

mainly in the form

of threatening and

pre-conditioning

political opponents

The top leadership of

the parties to R-

ARCSS should be

mindful of the

language they speak

in public on the

implementation of R-

ARCSS

IGAD Technical

Absence of

specifically

assigned technical

unit at IGAD

IGAD Headquarter

leadership should

agree to establish ad

hoc unit for handling


IGAD –

TECHNICAL

PERFORMANCE

Directorate/uni

t based in

headquarter

Inadequate-

compliance

headquarters to

handle South Sudan

cases as

coordinating body

between the IGAD

Special Envoy,

RJMEC, IGAD

Executive Secretary

for influencing

IGAD Council of

Ministers and Head

of State and

Government

summit

South Sudan filed.

The main purpose of

the unit is to

strengthen

coordination on the

R-ARCSS

implementation

process with various

actors including help

IGAD Special Envoy

with behind the

scene engagement

with South Sudanese

parties

IGAD-SPECIAL

ENVOY TO

SOUTH SUDAN

Influencing

parties to

Revitalized

Agreement on

the Resolution

of Conflict in

South Sudan

Reasonable-

Compliance

No effective

engagement with

the parties behind

the scene

IGAD Special Envoy

to South Sudan

should opt to engage

on behind the scene

with the parties

signatories and non-

signatories to R-

ARCSS as an effective

approach for making

peace and stability

prevail in South

Sudan

IGAD R-ARCSS

GUARANTORS

Sudan

Performance

Compliance Sudan as R-ARCSS

guarantor was

effective

Sudan current

leadership should be

pro-active on R-


ARCSS

implementation

because success of R-

ARCSS have mutual

benefit for both

sisterly countries

Uganda

Performance

Compliance Uganda leadership

attempt for

resolving the

power struggle

within the South

Sudan Opposition

Alliance (SSOA)

was creditable

Uganda leadership

should attempt to

take the stand of

being neutral as

guarantor because

peaceful South

Sudan benefits all

and violent South

Sudan hurt all

AFRICAN

UNION ad hoc

COMMITTEE

South Africa

Performance

Reasonable-

Compliance

Increase in Pro-

activeness is

required

Embracing African

Union

complementary role

in R-ARCSS

implementation is

paramount

Nigeria

Performance

Reasonable-

Compliance

Increase in Pro-

activeness is

required

Embracing African

Union

complementary role

in R-ARCSS

implementation is

paramount

Algeria

Performance

Bouncing-

Compliance

Increase in Pro-

activeness is

Embracing African

Union


required complementary role

in R-ARCSS

implementation is

paramount

Rwanda

Performance

Reasonable-

Compliance

Increase in Pro-

activeness is

required

Embracing African

Union

complementary role

in R-ARCSS

implementation is

paramount

Chad

Performance

Non-

Compliance

Inactiveness of

Chad is

discouraging

Newal of pledge for

complementing IGAD

efforts is required

from Chad

TROIKA GROUP

USA

Performance

Reasonable-

Compliance

Appointing Special

Envoy to South

Sudan is critical

Congress pro-

activeness on South

Sudan is determine

by the engagement

of the Special Envoy

as horizontal actor

Absence of USA

special envoy to

South Sudan is a

strategic mistake

that requires to be

resolve immediately

UK

Performance

Compliance Having Special

Envoy appointed

was remarkable

Keeping the Special

Envoy pro-active on

South Sudan should


be embrace. Further

the special envoy

should get the UK

leadership get pro-

active on South

Sudan

Norway

Performance

Compliance Having Special

Envoy appointed

was remarkable

Keeping the Special

Envoy pro-active on

South Sudan should

be embraced.

Furthermore, the

special envoy should

get the Norwegian

leadership more pro-

active on South

Sudan

IGAD

PARTNERS

FORUM

Canada Reasonable-

Compliance

More efforts

needed

Making the IGAD

Partners forum more

pro-active is

essential

Japan Compliance The on-going

support for R-

ARCSS is

impressive

Promote

transparency and

accountability on use

of funds for


ARCSS

Russia Bouncing-

Compliance

Sense of taking

responsibility for

securing global

Support genuine

implementation of

peace agreement


peace is required should treat as

global responsibility

under the concept of

global responsibility

to protect

China Compliance The on-going

support for R-

ARCSS is

impressive

Promote

transparency and

accountable on use

of support for the


ARCSS

European Union

plus its member

states

Compliance The on-going

support for R-

ARCSS is

impressive

Promote

transparency and

accountable on use

of support for the


ARCSS

4. KEY RECOMMENDATIONS

4.1. FOR SOUTH SUDAN PARTIES

a) There is need for an urgent face-to-face meeting of the top leadership of parties to

the R-ARCSS on the fate of the November 12, 2019 deadline

b) The top leadership of the parties to R-ARCSS should take primary responsibility on

compliance with November 12, 2019 deadline, through consensual political

decisions

c) Avoid the language of pre-conditions and act more on delivering the pending tasks

of the pre-transitional period

d) There is need to operationalize the established committee by the parties on finding

a solution on the issue of boundaries and number of the states


e) There is need to consider the option of using the 79 counties as a last resort for

resolving the matter of the boundaries and number of states

f) There is need for the Transitional National Legislative Assembly to deliver the

incorporation of the R-ARCSS into the Transitional Constitution 2011 amended

2015, including the timely enactment of five reviewed security laws

g) There is need for the parties to enforce the affirmative action of at least 35% for

women without any compromises

h) There is need to resolve the issue of children and women presence in the

cantonment sites and barracks –this is humanitarian issue that requires urgent

intervention

i) There is need to have trust and confidence for moving forward through embracing

political consensus and compromises on outstanding issues

j) There is need for the top leadership of the parties to avail good faith politics and

political will for expediting the pending tasks of the pre-transitional period

k) Adequate and timely release of funds for accomplishing the pre-transitional tasks in

a transparent manner is required

4.2. IGAD AND IGAD SPECIAL ENVOY

a) IGAD headquarters should establish a unit for handling South Sudan file with

stronger terms of references, focusing on coordinating actors inter-linkages on R-

ARCSS implementation

b) IGAD Special Envoy to South Sudan should engage in handling some of the issues

through the approach of behind the scene but this should not compromise with the

principle of inclusive

c) IGAD should hold urgent face-to-face meeting of the top leadership of the parties to

R-ARCSS

4.3. AFRICAN UNION ad hoc COMMITTEE (AU C-5)

a) There need to strengthen the engagement of AUC-5 with clear terms of reference on

complementing IGAD in implementing the R-ARCSS


b) AUC-5 should keep African Union Peace and Security Council engaged on South

Sudan

4.4. IGAD R-ARCSS GUARANTORS

a) The R-ARCSS guarantors should double their efforts in fostering trust and

confidence among the top leadership of the parties

b) Guarantors of the R-ARCSS like IGAD should be more effective and action-oriented

by ensuring its headquarters has an established unit for handling South Sudan

coordination

4.5. SOUTH SUDAN FRIENDS

a) There is need to continue supporting South Sudan’s efforts for making peace

happen

b) The United States of American (USA), as Troika group member, should appoint a

Special Envoy to South Sudan to foster proper engagement on South Sudan political

transitioning

c) There is need for friends of South Sudan to deal with R-ARCSS issues, such as

double standards

5. CEPO’S ROLE:

It will mostly engage in advocacy and lobby with the parties signatory to the R-ARCSS.

CEPO will also take effective roles to engage the parties on the principle of no return to war

and take the primary responsibility for genuine implementation of the R-ARCSS, which is

the cornerstone of our lobbying and advocacy work.

Further, CEPO will be effectively engage in fostering the genuine enforcement of the

affirmative action of at least 35% for women agreed upon by all the parties that signed the

R-ARCSS.

6. CONCLUSION

It not yet too late and it will not be too late. Change of political attitudes and behaviors from

that of no compromise and consensus to attitudes and behaviors of making compromises

and consensus for the ultimate objective of making the R-ARCSS implementation genuine

and accepted compliant with the November 12, 2019 when an Inclusive Revitalized


Transitional Government of National Unity is formed. Trading for the fate of 12 th November

2019 through political consensus should be the primary objective of the parties.

Mature politicking is always described by the values of tolerance, patience, consensus and

compromise that placed the best national interest of the citizens first. The parties’

signatories to the R-ARCSS have the primary responsibility for using the peace accord as an

instrument of regaining the broken social fabric among the communities of South Sudan.

This must be now, not tomorrow.


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