You are here

Report on the Status of The R-ARCSS Implementation.

THE 2nd ANNIVERSARY   STILL DEFICIT IN TRUST AND CONFIDENCE IS HIGH 

August, 2020

Abstract:  This paper is presenting information on the challenges facing the 2018 Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS) among the Parties signatories to it. It is clear that there is higher level of deficit in trust and confidence among the parties for smooth implementation of the peace agreement.  The leaderships of the parties’ signatories to the R-ARCSS have not yet regained the level of trust and confidence for acting together to shape peace and stability across South Sudan. The level of fear and reservations among the parties is absolutely threatening the fate of the R-ARCSS. The on-going delays in executing the provisions of the peace agreement was a clear indicator that demonstrates the level of deficit in trust and confidence.

The Revitalized Agreement on the Resolution of Conflict in South Sudan is beginning to face an approach of selective implementation of provisions and this approach is risking the successful implementation of the peace agreement. Among the risks is that still some discontent politicians will use the selective approach as a reason to justify why still violent approach for resolving their political disputes is fixed. This is where still we have discontented armed groups in the bushes waging war against the Revitalized Transitional Government of National Unity. Among the threatening discontented armed groups is the National Salvation Front (NAS). Although it has signed Rome Resolution on observation of ceasefire still it is active in military confrontation between the forces of SSPDF and SPLM-IO. NAS regularly blamed the SSPDF and SPLM-IO for attacking their bases in various parts of Central Equatoria State. IGAD and AUPSC need to take some serious steps on operationalization of Rome Resolution.  The best pathway for transitioning the country from violence to peace is when the parties signatories to the peace agreement regained trusts and confidence for acting together as partners for shaping peace and stability together without any form of reservations  

1.     EVALUATION OF THE TASKS IN R-ARCSS FROM D-DAY + 8 MONTHS

Articles of R-ARCSS

Tasks in R-ARCSS

(12th September 2019 up to 12th April, 2020)

Level of Implementation of the Tasks

Observations/Remarks

Implemented

Partially

Not Implemented

1.17.6

Presentation of the draft Amendment bill to the Council of Ministers and Transitional National Legislature for adoption upon receipt from National Constitutional Amendment Committee 

 

 

 

a)      National Constitutional Amendment Committee  has done their task

But

 

1.17.7

Ratification of the amendments to the Transitional Constitution of the Republic of South Sudan

 

 

 

a)      Transitional National Legislature has some changes of the amendments in the draft bill which are causing contradiction to the provisions of the Revitalized Agreement on the Resolution of Conflict in South Sudan.

b)      These contradictory changes were disputed by the SPLM-IO in 11 points complaint document.

c)      Transitional National Legislature lack the will to incorporate the Revitalized Agreement on the Resolution of Conflict in South Sudan into the Transitional Constitution of the Republic of South Sudan genuinely. 

1.18.8

Signing into law of the amended Transitional Constitution of the Republic of South Sudan

 

 

 

No  signed amended Transitional Constitution of the Republic of South Sudan 

1.1, 1.3,

1.5, 1.6.2.11

Establishment of the Revitalized Transitional Government of National Unity, it structure and composition, taking into account article 1.4.4 (35% FOR WOMEN)

 

 

 

The 35% for women representation was partially enforced during the established national cabinet

1.13.2

 

Expansion and reconstitution of the Transitional National Legislative Assembly (from 400 seats to 550 seats)

 

 

 

No legitimate Transitional National Legislative assembly reconstituted.  

1.13.3

 

Nomination of the Speaker and Deputy Speaker of the Transitional National Legislative Assembly

 

 

 

 

 

No legitimate Speaker and Deputy Speakers nominated and elected for the Transitional National Legislative Assembly.  

1.13.4, 1.14.13

Reconstruction of the Council of States

 

 

 

No legitimate Council of States reconstituted.

1.13.5

Nomination of Speaker and Deputy Speakers of the Council of States

 

 

 

 

No legitimate Speaker and deputy Speakers nominated and elected for the Council of States

1.15.2

Reconstitution of States

 

 

 

  

 Parties agreed to revert back to 10 states rather than maintaining 32 states.

Reconstitution of Local Governments.  

 

 

 

Conflicting interpretations of the parties agreement  on the ratios of responsibility sharing singed on 12th January, 2020

1.15.3

Appointment of Transitional State Governors

 

 

 

a)      Only nine state governors have been appointed and one governor of Upper Nile State under SPLM-IO not yet appointed.

b)      35% representation of women has not been adhered to by the SPLM-IG.

Speakers of State Legislatures, State council of States, State Legislatures, County Commissioner, County Councils

 

 

 

Not accomplished due to conflicting interpretations of agreed upon provisions by the parties 

CEASEFIRE AND SECUIRTY ARRANGEMENTS

2.1.10 and all sub articles

Refraining from all prohibited actions, and complying with all obligations outlined in the Cessation of Hostilities Agreement (2017)

 

 

 

 

 

 

Recently there were clashes with arrested of officers between the Forces of South Sudan People’s Defense Forces (SSDPF), Sudan People Liberation Movement-In Opposition (SPLM-IO) in Western Bahr el Ghazal states

2.2.1

Completion of training and redeployment of the necessary unified forces.

 

 

 

a)      Training has started.

b)      Training faces funding problems.

c)      With the COVID-19 restrictions, the process of training and redeployment of the necessary unified forces have hold 

 

The nexus between Cessation of Hostilities Agreement (2017) and Rome Resolution 20 Feb. 2019

 

 

 

Forces of South Sudan People’s Defense Forces (SSDPF), Sudan People Liberation Movement-In Opposition (SPLM-IO) and National Salvation Front (NAS) were fighting each other seriously in various locations in central Equatoria State

 

2.      INCIDENCES OF CEASEFIRE VIOLATIONS MAP

 

CEPO registered over 7 incidences of ceasefire violation from the period April to August, 2020.

a)      3 Violations committed by SSPDF (2 violations SSPDF attacked NAS and I violation SSPDF attacked SPLM-IO)

b)      2 Violations committed by SPLM-IO ( 1 violation SPLM-IO attacked SSPDF and 1 violation SPLM-IO attacked NAS)

c)      2 Violations committed by NAS (1 violation  NAS attacked SSPDF and 1 violation NAS attacked SPLM-IO)      

3.      IMPLICATIONS OF THE CEASEFIRE VIOLATIONS

a)      New displacement of civilian’s population

b)      Human Rights Violations such as rape of women and  looting of civilians properties   are committed by the soldiers of the fighting forces especially during the violations across various locations of confrontations in Central Equatoria state   

c)      Absence of individual and community safety and security  

4.      KEY CONCERNS ON THE STATUS OF POLITICAL AND SECUIRTY ARRANGEMENTS

a)      The parties are now in the sixth month of the first year of the transitional period without accomplishing the tasks for rolling out the transitional period

b)      Issues of conflicting interpretations of agreed upon provisions among the parties are becoming real factors for hindering the genuine and timely implementation of the R-ARCSS.

c)      The delay in ratifying the amendments to the Transitional Constitution of the Republic of South Sudan offers great challenge on the fate of the enshrined policy and institutional reforms, genuine constitutional making and democratic elections 

d)      The established presidency as joint national institution for nurturing political will for the implementation of the Revitalized Agreement on the Resolution of the Conflict in South Sudan has not been effective on pursuing genuinely and timely implementation of the peace agreement  

e)      There is growing sense of non-compliance with the directives given by Inter-Governmental Authority for Development (IGAD) and African Union Peace and Security Council.

f)       IGAD and African Union Peace and Security Council are exerting less pressure on the South Sudanese parties to deliver their primary political responsibility for implementing the Revitalized Agreement on the Resolution of Conflict in South Sudan

g)      There is an increase on the violation of Rome Resolution between Forces of South Sudan People’s Defense Forces (SSPDF) verse National Salvation Front (NAS) and Sudan People Liberation Movement-In Opposition (SPLM-IO) verses National Salvation Front (NAS) 

h)      It seems Inter-Governmental Authority for Development (IGAD) and African Union Peace and Security Council are less interested in operationalizing Rome Resolution in the terms of securing reliable communication between National Salvation Front (NAS) leadership and Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM)

5.      PRIORITY LIST OF TASKS (September to December 2020)

a)      Finalizing the formation of the Revitalized Transitional Government of National Unity.

b)      Dissolution and Reconstitution of the National Transitional Legislative Assembly and the Council of States

c)      Immediate ratification and signing into law the amendments to the Transitional Constitution of the Republic of South Sudan

d)      Reconstitution of the National Independent Commissions

e)      Urge appointment of Upper Nile State Governor by consensus 

f)       Formation of Revitalized State Cabinet, Revitalized State Transitional Legislative Assemblies and Revitalized State Independent Commissions

g)      Appointment of Local Government County Commissioners and County Transitional Legislative Councils

h)      Parties’ renew commitment for cantoning and barracking forces for genuine unification of forces

i)        Engaging on designing security sector transformation process

j)        Regaining of trust and confidence among the parties for meaningful transitioning from violence to peace

k)      Genuine enforcement of 35% for women, inclusion of people of young age and people with disabilities in the legislative and executive organs of the Revitalized Transitional Government of National Unity at all levels

l)        Operationalization of Rome Resolution through establishing accurate and regular communication between Ceasefire and Transitional Security Arrangement Monitoring, and Verification Mechanism and National Salvation Front (NAS) leadership 

6.      RECCOMMENDATIONS: ESENTIAL REQUIREMENTS FOR MEANINGFUL PEACE PROCESS

a)      Availing political will to implement the Revitalized Agreement on the Resolution of Conflict in South Sudan: The parties to the peace agreement should have political attitude change towards each other for nurturing partnership for a genuine peace process. The deficit in trust and confidence among the parties is still higher and is strongly contributing for slow implementation of the peace agreement

b)      Abolish conflicting interpretation of Revitalized Agreement on the Resolution of Conflict in South Sudan provisions: Issues of conflicting interpretation of agreed upon Revitalized Agreement on the Resolution of Conflict in South Sudan and other signed arrangements provisions by the parties is taking serious trend that is directly contributing in hindering the timely and genuinely implementation of the peace process

c)      The established presidency should be pro-active on the fate of the implementation of the Revitalized Agreement on the Resolution of Conflict in South Sudan: The established presidency should pro-actively engage on consultations for making decisions for genuine and timely implementation of the peace agreement

d)      Real commitment for observing ceasefire and security arrangements: without functional ceasefire and genuine security transitional arrangements, the ultimate purpose of the peace process will not be made     

e)      The regional bodies namely Inter-Governmental Authority for Development (IGAD) and African Union Peace and Security Council (AUPSC): The regional bodies are required to increase consultative pressure on the South Sudanese parties to implement the peace agreement and observation of ceasefire.     

7.      CONCLUSION

The successful or meaningful peace process in South Sudan requires a tangible trust and confidence among the discontented parties for working together as partners for shaping peace and stability. The political attitudes of not recognizing working and acting together in difference and diversity will never allow full transitioning from violence to peace succeed in South Sudan.

The primary responsibility for nurturing peace and stability is totally at the hands of South Sudanese. It is meaningless to urge external actors to make peace prevail before South Sudanese leaders demonstrate sense of making peace real to the people of South Sudan. Proper commitment is required from the parties to R-ARCSS to genuinely implement the peace agreement. Time is running out while less tasks were delivered till this date. The current trend of delivering the peace agreement is disturbing, because chances of not accomplishing the tasks enshrined in the peace agreement for shaping stability is higher. 

The only pathway for making the peace process successful is when the parties stop conflicting interpretation of the peace agreement provisions, provide political will for genuine implementation of the peace agreement and regain trust and confidence for partnering together to shape peace and stability in the country.