You are here

Oversight observation Report on the Status of R-ARCSS Implementation

The Status of R-ARCSS Implementation

Formalization of 100 days Extention of the Pre-Transitional Period.

Oversight observation Report  

10th November 2019

Abstract: This is an oversight observation report on IGAD consultative meeting for formalizing the extension of the pre-transitional period for implementing the critical pending tasks of the Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS) for more 100 days (3 Months from 12th November 2019 to 20th February 2020). The extension was welcomed by all South Sudan parties’ signatories to the peace agreement. This extended the formation of the Revitalized Transitional Government of National Unity to 20 February 2020. The challenges on the road to 20th February 2020 are mainly availability of funds adequately timely by the incumbent government and availability of political will to implement the peace agreement genuinely by all the parties to the peace agreement. Further, consistent influence of IGAD on the parties to implement the peace agreement is essential. Any step back of IGAD leadership will contribute to slow implementation of the peace agreement       

THE KEYS DRIVER FOR THE SUCCESS OF THE FIRST 50 DAYS OF THE EXTENDED 100 DAYS FOR IMPLEMENTING THE CRITICAL PENDING TASKS OF THE PRE-TRANSITIONAL PERIOD

a)     IGAD leadership timely form the new security mechanism from IGAD member states military senior experts ( IGAD Military Experts) for offering technical support for South Sudan security mechanisms for effective and timely implementation of the critical pending tasks on security arrangements 

b)     The newly proposed security mechanism with representatives from IGAD member states should help the R-ARCSS security mechanisms to set clear deadlines for forces registering and screening at least within 25 Days of the first 50 Days 

c)      The incumbent Government have to prioritize funding peace agreement implementation first priority among the other priorities of the government

d)     Creating independent firm for administering donors funds for the R-ARCSS implementation and establishing regular forum for Donor-Parties to R-ARCSS Dialogue  

e)     H.E. the President of the Republic of South Sudan ensure adequate funds for implementation of the critical pending tasks are release timely to the relevant mechanisms. Especially the security arrangements implementation mechanism. This should be in the beginning of the 50 Days

f)       Catering for the basic needs of the trainers for the training of the necessary unified forces

g)     Lifting the restrictions on Dr. Riel Machar movement by the forthcoming IGAD Heads of States and Governments  ordinary summit in Kenya   

h)     Demonstration of transparency in handling the government allocated funds for the peace agreement to external actors is necessary for attracting external donors for the peace

i)       Opening up for holding technical dialogue with the donor community is essential

j)       Each of the parties to the peace agreement requires to be honest and avail the political will to implement the peace agreement

k)     Equal treatment of the forces in cantonment and barracks in all aspects of services

l)       Members of the parties at their various capacities abstain from using language of threats or language that promotes or fuels frictions

m)   The political parties freely allowed to conduct rallies disseminating the R-ARCSS as a strategy of gaining citizens trust, confidence and ownership of the R-ARCSS

n)     Consistency  from IGAD leadership on influencing the parties for commitment on genuine implementation of the pre-transitional period critical pending tasks is essential  

OBSERVATION OPINION   

PENDING TASKS

ISSUES TO BE ADDRESS

REQUIRED INTERVENTIONS

 

 

Forces cantoning and barracking

Renewal of commitment and compliance for cantoning and barracking forces in genuine manner 

Joint Military Ceasefire Commission (JMCC)  and Joint Defense Board (JDB) should conduct field visits to all cantonment sites and barracks to create moral among the forces for compliance 

Shelter and social services provision for forces in cantonment and barrack sites (Equal treatment of forces)

Equality in provision of social services between cantonment and barrack should be upheld without any excuse (Discrimination in availing service should stop) 

Enforcement of 35% for women among the forces during the selection of the forces from cantonment sites and barracks for unification training

JMCC and JDB should ensure civilians sites are demilitarized timely

Meeting the criteria agreed upon in R-ARCSS for establishment of cantonment sites

The agreed upon criteria by the parties should be enforced without any favors or excuse on establishment of cantonment sites  

The issue of women and children present in the cantonment sites should be address

This is humanitarian issue that should be brought to the attention of the humanitarian agencies for help

Forces at cantonment sites and barracks registration and screening

Honesty is require from all parties on the issue of their forces numbers 

The parties should commit to deal with the reality regarding the actual size of their forces

Applying adopted clear and straight forward criteria for forces screening in transparent manner within a given deadline set by JDB,JMCC and JTSC 

During the screening process the parties should enforce the adopt standards/criteria for qualifying a solider for training

Avoidance of enrolling civilians into forces for the sake of cantoning and barracking them for the training for the forces unification   

Each party should abstain from enrolling civilians into their forces for reporting to cantonments site or barracks

Administration of weaponry and ammunition of various sizes

Genuine steps with direct supervision of Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM)  on collection, storage and disposal of weaponry

Training of the necessary unified forces

Adopting new slogan to be utilize by the unified forces during their trainings as national army, police, national security, wildlife and fire brigade  

Unified slogan for use during the security and defence unification training sessions should be adopted

Abolishing politicizing and tribalizing the security and defence forces enrollment for unification trainings

Inclusivity and diversity of South Sudanese communities should be enforce by each party in presenting forces for training as unified forces

Taking the proper welfare of the unified forces trainers

The demands of the trainers for the unified forces should be taken care of properly

VIP Protection Unit formation

Training and orientation of the VIP unified forces with the new adopted slogan 

Very Important Persons (VIP) protection unit should be train and oriented with the new adopted unified slogan

Equal treatment of the VIP protection unified forces  

The VIP protection unit formation should embrace sense of unity and equal treatment as one unit. The formation of the VIP protection unit should not undermine the enforcement of 35% for women among the forces at various ranks

Operationalization of DDR commission

Funding the DDR commission adequately and timely for responding effectively to matters of DDR in line with the parties forces unification processes is essential  

Funds for development of national Disarmament,  Demobilization and Reintegration (DDR)  master plan is require urgently

The New leadership of DDR Commission should be pro-active in reaching out for partners for collaboration on issue of making DDR process successful

Fundraising from other sources such as national and international actors  is needed for accelerating DDR process side by side by the parties forces unification

Enactment of the amended five security laws

Current  parliament should enact the amendments made on the five security laws

The current  parliament should pass the amendments on the five security laws immediately

Incorporation of the R-ARCSS into the transitional constitutions 2011

The current  parliament should enact the bill on incorporation of the R-ARCSS to the transitional constitutional 2011

The current  parliament should pass the R-ARCSS incorporation in transitional constitution 2011 upon resolution of number and boundaries of the states

Ministerial portfolios and parliamentary seats

The parties should pro-actively begins  genuine and honesty deliberations on fair ministerial portfolios and parliamentary seats sharing 

The parties should start sorting out sharing of ministerial portfolios and parliamentary seats with full compliance and enforcement of the affirmative action of at least 35% for women    

Resolving the issue of number and boundaries of states 

Making political decision through consensus among the parties  

The principals of the parties should sort out the deadlock on the issue of number and boundaries of the state by making political decisions 

Funds for R-ARCSS implementation

Audit the past funds released to NPTC  

National Pre-Technical Committee (NPTC) past financial expenses should be audit   

Restructure the funds management system under National Pre-Transitional Committee   

If possible, let each security arrangements mechanisms receive their fund directly to their opened bank account  

Redeployment of forces

Set clear plan for redeployment of unified d forces

Early plan for redeployment of the trained unified forces

Freedom of Movement for Dr. Riek Machar

Restriction of Dr. Riek Machar  movement

Next IGAD head of Governments and states summit should resolve this matter

 

POSSIBLE RESOLUTIONS

1)     Funding of Training and Reunification of Forces: The South Sudan Auditor General to audit funds released to and disbursed by the government by the end of 50 days. Based on the report of the Auditor General and if such funds were not properly managed, the remaining funds to be released immediately by the government to a trusted institutions to be agreed upon by the parties as well as taking criminal action against those involved in the mismanagement of the funds.

 

2)     Deployment of VIP Protection and Unified Forces: If the parties failed to train VIP joint protection forces during the first 50 days, the IGAD will be entrusted by the parties to ask African Union Peace Security Council (AUPSC) and United Nation Security Council (UNSC) to demilitarize Juba and other major cities and to entrust RPFs and guarantors of the R-ARCSS to provide security until joint forces are trained, unified and deployed.

 

3)     Resolution of Number of States and their boundaries: If the parties failed to agree by the end of 50 days, the IGAD will endorse the majority opinion of South Sudanese in the Independent Boundaries Commission (IBC) that shall be final and binding on the parties

 

4)     Political Detainees and Prisons of War (PoWs): Immediate release of all political detainees including Peter Biar and PoWs and ICRC to be allowed to visit all suspected detention locations and provide report by the end of 50 days.

 

5)     Transitional Justice: The draft legislation agreed upon by the government and African Union (AU) for the establishment of the hybrid court to be passed by the current parliament within the 50 Days.

 

6)     Distribution of Ministerial Portfolios: Parties to agree on the selection process agreed upon in the ARCSS 2015.

 

7)     Affirmative action of at least 35% for women: The parties MUST enforce the 35% for women representation and participation in the revitalized Transitional government of National unity at all level as a minimum quota.    

 

8)     The Non-Signatories: IGAD to set up a small team consisting of the representatives of the signatories under the leadership of IGAD to engage the non-signatories with the aim of addressing their grievances within 50 days.

 

9)     Demilitarization of the civilians sites: The parties should immediately demilitarized the civilians sites on the D-Day of the 50 Days of the extended 100 days for pre-transitional period

 

10) Civic Space and media: The current  government should allow the other political parties to conduct allies across the country on dissemination of the R-ARCSS, civil society and media space should be free from unlawful restrictions 

 

11) Lifting the Dr. Riek Machar travel/movement restriction during the forthcoming IGAD Head of Governments and states summit in Kenya. This should be within the 50 Days   

 

12) If the parties failed to implement these pre-interim provisions by the end of 100 days including the formation of Revitalized Transitional Government of National Unity (R-TGoNU), the IGAD will recommend to African Union Peace Security Council (AUPSC) and United Nation Security Council (UNSC) the necessary effective punitive measures.

 

CEPO SUGGESTION FOR IMPLEMENTATION OF R-ARCSS WITHIN THE 50 DAYS

PENDING TASK

INSTITUTION RESPONSIBLE

TIMELINE

Release of the balance of 100 million  USD at least $35-$40 million

The incumbent Government ministry of Finance to NPTC  

12th-18th Nov. 2019

Commanders in chiefs renewing directing forces reporting to cantonments and barracks 

Commanders-in-chief

JDB 

12th-18th Nov. 2019

Developing Terms of Reference for the New IGAD Military Experts Mechanism

Chairperson, IGAD Council of Ministers

Executive Secretary –IGAD 

12th-18th Nov. 2019      

Forming the new IGAD Military Experts mechanism 

IGAD Chairperson

Executive Secretary-IGAD 

12th-18th Nov. 2019      

Parties forces demilitarizing civilians sites

JDB and JMCC

12th-18th Nov. 2019

Funding Operationalization of DDR Commission-Developing DDR National Plan 

JDB,JMCC, JTSC, SDSRB, IGAD Military Experts, Stakeholders and Partners 

19th-25th Nov. 2019

Organizing Trainers of the unified forces

JDB,JMCC, JTSC,

19th-25th Nov. 2019

 

Registration and Screening of forces 

JMCC,JDB, JTSC, DDRC and IGAD Military Experts 

19th Nov-2nd Dec. 2019 with deadline on 8th Dec. 2019

Forming the VIP Protection Unit 

JDB,JTSC, JDB and IGAD-Military Experts

26th Nov. 2nd Dec. 2019

Training and redeployment of VIP Protection Unit

JDB,JTSC, JDB and IGAD-Military Experts

3rd -16th Dec. 2019

Training of the necessary unified forces

JDB, JTSC and IGAD-Military Experts 

26th Nov. 7th Jan. 2019

 

Conducting leadership retreat for the parties to R-ARCSS

Chair IGAD-Council of Minister, IGAD-Executive Secretary  

19th-25th Nov. 2019

Enacting the amendment on the five security laws

Current Parliament

19th-25th Nov. 2019

Enacting the incorporation of R-ARCSS into Transitional Constitution

Current Parliament

26th Nov. 2nd Dec. 2019

Lifting the restrictions on Dr. Riek Machar movement

IGAD head of governments and states summit

Nov-Dec. 2019

Holding dialogue on the issues of the number and boundaries of the states

Parties to R-ARCSS

12th Nov.30th Dec. 2019

Holding dialogues on the distribution of the ministerial portfolios

Parties to R-ARCSS

26th Nov. 2nd Dec. 2019

Holding face-to-face meeting of the top leadership of the parties to R-ARCSS regularly  

IGAD and the Parties

11th -16th Dec. 2019

African Union Ad hoc committee (AU C5) field visits (Foreign Ministers than follow by Presidents of AU C5) 

Chair of AU C5 

26th Nov-30th Dec. 2019

 

CEPO’S ROLE

CEPO will be focusing on influential advocacy and lobby with various actors associated with the implementation of R-ARCSS. Member states of IGAD, AU C5 including diplomatic community in South Sudan are primary targets of CEPO advocacy and lobby. CEPO will be pro-active in pressuring the parties and IGAD on genuine enforcement of the affirmative action of at least 35% for women. Finally, focusing on empowering citizens to own R-ARCSS and generated citizens or home-grown pressure to the South Sudan parties for genuine implementation of the critical pending tasks, CEPO will be facilitating citizen-centered campaign on the 100 days called “100 Days Engagement for Peace”.       

CONCLUSION

The first 50 days is required to be handle wisely and careful. They are the determiners for the citizens’ trust and confidence towards the formation of the revitalized transitional government of national unity on 20th February 2020. The incumbent government has the biggest responsibility in terms of timely funds availing and demonstration of political will for genuine implementation of R-ARCSS. While jointly the incumbent government and the other parties’ signatories to R-ARCSS have to be honest in dealing with the security arrangements pending tasks including Disarmament, Demobilization and Reintegration process within the 50 days and beyond. Among the key issues are treatment of the forces both in barracks and cantonment equally and fairly; availing political will to implement the R-ARCSS and having positive attitudes for dialogue with the members of the international community on matters of partnership and collaboration on R-ARCSS implementation.

IGAD leadership has to be pro-active in taking influential role in pushing the parties to genuinely implement the critical pending tasks within the 100 days extended for the pre-transitional period. Any slow of influence from IGAD leadership will direct implication on the parties’ commitment to deliver the critical pending tasks timely and genuinely.  The immediate test for IGAD leadership is the timely formation of the new security mechanism from the senior military experts from IGAD member states on one hand the lifting of Dr. Riek Machar leader of the Opposition (SPLM/A-IO) travel/movement restrictions timely upon the beginning of the first 50 days.

AU C5 should increase its role in complementing IGAD in the implementation of the R-ARCSS. The decisions of AU C5 leadership at level of Ministers for Foreign Affairs and presidents paying field visit to South Sudan with the sake of conducting situation appraisal on R-ARCSS implementation and potential areas of support by AU C5.      

Finally, the parties should ensure that their enforced the affirmative action of at least 35% for women all aspects of the R-ARCSS implementation. The security and defense process of unification should not undermine the representation and participation of women at all levels of leadership and decision making. IGAD leadership should ensure that the new security mechanism intended to be form should embrace enforcement of the affirmative action of at least 35% for women during the formation of the new proposed security mechanism with representatives from IGAD member states.