June 27, 2018 (JUBA) - The chairperson of the Joint Monitoring and Evaluation Commission (JMEC), Festus Mogae has strongly condemned the 26 June attack on United Nations peacekeepers and humanitarian providers in South Sudan's Yei River state.
A peacekeeper from Bangladesh was killed in Tuesday's attack.
Mogae, in a statement issued on Wednesday, expressed his deepest condolences to UN mission in South Sudan and to the family, friends and colleagues of the slain UN peacekeeper from Bangladesh.
This was the third attack against UN peacekeepers since 3 May 2018.
So far, six humanitarian aid workers have lost their lives and 384 access incidents have been reported by the world body this year.
The JMEC chairperson called upon South Sudan government and the leadership of all warring parties to ensure that the various UN agencies and all humanitarian providers have unimpeded access and can operate safely and freely in the Republic of South Sudan.
“Individuals who directly or indirectly engage in attacks against United Nations or humanitarian personnel are violating the Agreement on the Resolution of the Conflict in the Republic of South Sudan (August 2015) and Agreement on Cessation of Hostilities, Protection of Civilians and Humanitarian Access (December 2017),” partly reads the monitoring body's statement.
The JMEC chairperson further called upon the Government of South Sudan and all warring parties operating in the area of this latest killing to bring the perpetrators of this cowardly attack to justice.
“Violators must be identified and made to face the law,” he added.
South Sudan has been experiencing a civil war since December 2013. Tens of thousands of people have been killed and millions more uprooted or pushed to the brink of starvation in a conflict characterised by mass rape and the killing of civilians.
Since 2011, UNMISS has reportedly lost 56 personnel deployed in the war-torn nation.
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June 27, 2018 (KHARTOUM) - South Sudanese parties Wednesday signed the Khartoum Declaration of Agreement, where they committed themselves to a permanent ceasefire and pledged to finalize a deal on the pending issues in the governance chapter of the 2015 peace agreement.
The deal also paves the way for an economic integration between the North and South parts of former Sudan as the South Sudanese political leaders accept a joint collaboration between the two countries for the exploitation of the main source of income.
The deal was signed by President Salva Kiir and the leader of the main opposition group SPLM-IO Riek Machar and the representatives of the other opposition political groups among important diplomatic presence and media coverage.
In line with the declaration of principles, the peace partners agree to silence definitively their guns throughout the country within 72 hours based on the cessation of hostilities of December 2017.
Further within three days of the signing of Khartoum document resolve the outstanding issues in the security arrangements that they failed to settle during the peace revitalization forum in Addis Ababa.
Until the 30 June "the parties shall agree on all the ceasefire arrangements including disengagement, separation of forces in close proximity, withdrawal of allied troops, opening of humanitarian corridors, and release of prisoners of war and political detainees," says the declaration.
In his speech before the IGAD head of states and governments on Thursday 21 June, the Special Envoy for South Sudan Ismail Wais said there are four issues in the security arrangements where the parties failed to reach a compromise.
"There remain four key areas of disagreement on the security arrangements including determination of demilitarized areas; modalities and exemption from cantonment; timeframe for unification of forces, and the number of parties' representatives in the Joint Transitional Security Committee," Wais said.
However, the power-sharing or the governance chapter remains the main issue of disagreement because President Salva Kiir rejects that his main rival Machar take part in the transitional government tasked with the political reforms during the 30 coming months.
According to the 27 June agreement, the parties shall strike a deal on the "Revised Bridging Proposal" as soon as possible and before closing the current Khartoum Round of Talks.
However, Machar's participation is not clearly included in the talks as it was not a problem when the peace agreement was signed in 2015. The issue emerged after the clashes of Jully 2016 in Juba and the resumption of hostilities again.
This is why the Special Envoy Wais requested the IGAD leader to "make a final decision to ensure unimpeded participation of Dr Riek Machar in the peace process".
Khartoum Declaration of Agreement remained silent on this issue. It is not clear if the parties intend to tackle it in the third phase in Nairobi.
President Kiir and SPLM-IO remained silent on this point. Also, Presidents al-Bashir and Museveni didn't disclose the content of the gentleman agreement reached by the two South Sudanese during a meeting held in their presence in Khartoum on Monday 25 June 2018.
The declaration provides to resume immediately in collaboration with the Sudanese government the rehabilitation of the damaged oil installations in the Unity region, Blocks 1,2, 4 and 5.
The deal does not provide the immediate resumption of oil production because the SPLM-IO rejected this idea saying this step should intervene after the signing of a comprehensive political settlement.
In the draft agreement, Khartoum proposed to repair and protect the installations in coordination with the South Sudanese government and to resume the production which will intervene within several weeks when the discussions are concluded.
Following the end of the two-week process, the parties will travel to Nairobi for the third round of talks on the remaining issues.
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June 27, 2018 (KIGALI/JUBA) – Rwanda has deployed a contingent of 160 police officers, majority women, for a one-year peacekeeping duty under the United Nations mission in South Sudan (UNMISS).
The group left the capital, Kigali for South Sudan on Wednesday.
Assistant Commissioner of Police, Teddy Ruyenzi heads the group and it's the first time Rwanda has deployed a female-led contingent.
Speaking during the pre-deployment briefing, the deputy inspector general of police in charge of operations, Dan Munyuza stressed that protecting people in need requires sacrifice and selflessness.
“Police follows the guidance by the President Paul Kagame. He has guided us to another level of knowledge of skills-based policing. We have to continue aiming higher both at home and abroad in such peacekeeping duties,” he remarked.
“Policing goes beyond individual service to teamwork,” emphasized, while urged the deployed police officers to be defined by discipline, commitment, respect for each other and superiors in particular.
The deployed contingent was pledged by President Paul Kagame during the UN leaders' summit on peacekeeping operations in 2015.
Meanwhile the commander of the 160 police officers said more than a year was spent on training and preparing for South Sudan mission.
“As an FPU [Formed Police Unit] composed of mainly women, we were also trained on how to support the vulnerable groups like women, girls and children; you know in conflicts these are the most affected groups. Ideally, women and girls are more open when speaking to fellow women,” Ruyenzi told The New Times.
She further added “Beyond usual physical policing, we will also go an extra mile to be a practical voice in the fight against sexual and gender based violence that is most common in conflict zones.”
The deployed FPU contingent brings the number of contingents in various missions to seven with a combined 1120 police officers.
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June 27, 2018 (KHARTOUM) Chairman of Voluntary Return Commission (VRC) in East Darfur State Faris Madibo said thousands of Internally Displaced Persons (IDPs) have returned to the state.
According to the official news agency SUNA, Madibo said 5382 families, 1291families and 331 families have returned to Yassin, Shiariya and Asalaya localities respectively.
He pointed out that the IDPs returned from Kalma and Otash camps in South Darfur State as well as Zam Zam camp in North Darfur State.
Madibo called on the international community and aid groups to provide food, shelter, water, health and education services for the returnees, pointing to the VRC efforts to provide the basic needs at the voluntary return areas.
He added the government of East Darfur State is making efforts to transfer the IDPs to their original villages, pointing to the security situation in Darfur's five states is stable.
Earlier this month, Sudan's Humanitarian Aid Commissioner Ahmed Mohamed Adam stated that the government has no plan to forcibly evicting the camps, but has set a number of options for IDPs, including resettlement in the area where they are, or in another area according to their desire.
Since the signing of the Doha Document for Peace in Darfur in July 2011, the government constructed several villages and vowed to support IDPs who return to their home areas.
However, IDPs representatives in several camps say they refuse to return to their areas before the disarmament of the armed militias and the evacuation of their land from the newcomers.
In a report released on 5 February, UNOCHA estimates there are about 386,000 returnees in Sudan conflict areas including Darfur and the Two Areas.
The Sudanese army has been fighting a group of armed movements in Darfur since 2003. UN agencies estimate that over 300,000 people were killed in the conflict, and over 2.5 million were displaced.
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June 27, 2018 (KHARTOUM) – South Sudanese President Salva Kiir and SPLM-IO leader have signed an agreement providing to implement a comprehensive and lasting ceasefire in the country ahead of the formation of an inclusive transitional cabinet.
The deal was signed at the Sudanese presidency in Khartoum by President Kiir and his rival Machar among huge diplomatic presence. Also, the text was co-signed by representatives of the different opposition groups.
According to the Sudanese foreign minister who read the text of the deal, the parties agreed that the permanent cease-fire will come into effect on Saturday. Also, the parties agreed to open the humanitarian corridors, release detainees, withdraw troops and militarily disengage.
The agreement calls on the African Union and IGAD to deploy protection forces and ceasefire monitors to observe the ceasefire implementation.
The transitional government also is invited to take the needed measures to form national army and security forces away from tribalism, and collecting weapons from civilians.
The initial draft proposed to have three capitals during the transitional period and to begin oil production by Sudanese worker and under the protection of Sudanese troops.
The deal seen by Sudan Tribune provides that the parties will continue discussions in order to conclude an agreement on Revised Bridging Proposal before to conclude Khartoum process.
On the oil issue, the parties agreed to start immediately works to resume oil production in the identified sites in Unity state (Blocks 1,2 and 4) and Tharjiath (Block 5).
However, it was indicated that the “security of oil fields is the responsibility of South Sudanese citizens” but they work in coordination with the Sudanese government.
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June 27, 2018 (ROME) - The United Nations refugee agency (UNHCR) regional refugee coordinator and special advisor for the South Sudan refugee situation, Arnauld Akodjenou on Tuesday briefed officials at the Vatican in Italy on the situation in war-torn South Sudan.
The briefing came as rival South Sudan leaders returned to the negotiation table in an attempt to end four years of a brutal civil war, which has killed tens of thousands of South Sudanese and forcibly displaced millions in urgent need of humanitarian assistance.
South Sudan's President Salva Kiir and rebel leader, Riek Machar on Wednesday signed an agreement providing to implement a comprehensive and lasting ceasefire in the country ahead of the formation of an inclusive transitional cabinet.
Representatives of the different opposition groups also co-signed the agreement witnessed by the Sudanese President Omar al-Bashir in the capital, Khartoum.
The senior UN official told the Vatican News that the human cost of the conflict has reached epic proportions and risks becoming the worst humanitarian disaster in Africa, if nothing is done to end the civil war.
Early this year, UNHCR launched a funding appeal at the beginning to support refugees fleeing the worsening humanitarian situation in South Sudan and for people in need in the country during 2018.
But money received is far less than what is needed, Akodjenou said.
According to aid agencies, violence and insecurity have forcibly displaced 1 in 3 of the country's population - either within South Sudan or across borders while another 7 million people in the world's youngest nation are in need of humanitarian assistance.
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By Roger Alfred Yoron Modi
The latest IGAD “Revised Bridging Proposal” on the High-Level Revitalization Forum HLRF of the 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan ARCSS has made a number of provisions (references) on the questions of Federalism and the controversial issue of States number in the youngest nation.
On Federalism, the proposal provides that governance during the next Transitional Period shall be guided by the principles and considerations including “the urgency of responding effectively to the popular demand for a Federal system of government by:
· Accelerating the devolution of power and resources to local levels of government; and,
· Undertaking effective consultations and preparations for adopting a Federal system for South Sudan in the Permanent Constitution.”
It further acknowledges that ARCSS recognizes that “a federal system of government is a popular demand of the people of South Sudan, and that there is a need, consequently, to (a) reflect this demand by way of devolution of more power and resources to lower levels of government, and (b) initiate preparations for the adoption of a federal and democratic system of government within the Permanent Constitution-making process.”
The proposal added that “accordingly, the Ministry for Federal Affairs shall be strengthened in order that it may carry out… [its] mandate to support the consideration of the appropriate models of federalism for South Sudan, and to contribute to the processes for adopting a federal system of government within the envisaged permanent Constitution of South Sudan.”
Federalism: A Historical background and Related Matters in South Sudan
When the armed conflict erupted in South Sudan, the Peace and Security Council of the African Union AU, at its 411th meeting held at the level of Heads of State and Government, in Banjul, The Gambia, on 30 December 2013 responded by mandating the establishment of the Commission of Inquiry on South Sudan also known as the AUCISS.
The Terms of Reference ToR detailed in the Concept Note Relating to the Establishment of the AUCISS per the AUPSC Communiqué related to the subject of this article were to, inter alia:
· Establish the immediate and remote causes of the conflict
· Compile information on institutions and process or lack thereof that may have aided or aggravated the conflict resulting in violations of human rights and other abuses
· […] examine ways on how to move the country forward in terms of unity, cooperation and sustainable development.
· Make recommendations based on the investigation on: appropriate mechanisms to prevent a recurrence of the conflict, mechanisms to promote national healing and cohesiveness, particularly focusing on the need for all South Sudanese communities to live together in peace; and modalities for nation building, specifically focused on building of a functional political order, democratic institutions and post-conflict reconstruction, etc.
In their findings, the AUCISS noted that:
· “…claims for self-determination, expressed as federalism were made by South Sudanese as early as 1955 as Sudan prepared to receive the instruments of independence from the Anglo-Egyptian administration, which was achieved on January 1, 1956…”
· “…the failure to achieve internal self-determination in a united Sudan through a federal arrangement had led to the first civil war, which ended in 1972 with the signing of the Addis Ababa Agreement, which granted southerners autonomy and self-rule. Its abrogation in 1983 would lead to the second war, which ended with the signing of the CPA in 2005…”
On the system of government, the AUCISS “found that the Transitional Constitution creates three levels of government — national, state and local government — and that both national and state government enjoy a sphere of exclusive executive and legislative powers, while judicial power is national. The Commission concluded that the devolved system of government in South Sudan has both unitary and federal elements, and that it is essentially a ‘hybrid system', in part because states lack competence in judicial power and that national executive possesses limited control over states. This is expressed in the fact that the President is empowered to remove elected governors, and to dissolve state legislative assemblies.”
It added:
“With respect to the third tier of government, it was established that functionally, local government are linked to states, which have the constitutional mandate to create and finance local government units. States receive a share of 15% of national revenue while the national government retains 85%.
“The Commission (AUCISS) also established that there is disconnect between the legal framework on decentralization and practice, and that several aspects of decentralization have not been implemented or are dysfunctional. Practice distorts the delicate balance of power between national and state government in the sense that national government intervenes in the functioning of state governments in ways that appear to lack constitutional sanction. Equally, the relationship between states and local government is problematic: states exercise de facto control over local government and provisions on election of certain local government officials have not been respected. Local government, which is a key center of service delivery, faces serious financial, human and physical resource constraints, resulting in lack of capacity to deliver services.”
The AUCISS recommended that in view of existing gaps between the constitutional text and its implementation, political actors should commit to give full effect to TCRSS, 2011 (during the transitional period) until a new one is adopted.
It further recommended that “consideration should be given to repealing provisions that empower the President to remove elected governors, to dismiss or suspend legislatures and to summon or prorogue the National Assembly. These changes can be effected through minimal reforms pending the outcome of the constitutional review process.”
On the question of Federalism in contemporary South Sudan, the AUCISS found that “demands for federalism in sections of society is essentially about service delivery, guarantees for autonomy to decide on local priorities, and management of diversity (in the context of fear of domination).”
Those who oppose federalism, according to the AUCISS, argued that, if adopted, federalism could divide South Sudanese. The Commission noted that the majority of those in this category who expressed themselves prefer that the decentralized system established by the TCRSS, 2011 be retained in a future constitutional dispensation.
“They emphasize that focus should be on working the current system with a view to fostering development and delivering services to the people: Things should remain as they are. Because you need more time to educate people to know for instance different languages … so you need resources … the communities can [then] choose which one is better when you train them,” partly read the final report of the AUCISS, presumably quoting a source as well.
“What emerged from the views gathered by the Commission, as well as commentary on the subject is that the issue has been politicized, and that the debate appears to be coloured by historical narratives of exclusion and inclusion. Equally, there is misunderstanding in a significant portion of the population as to what federalism entails. Some, including those who advocated for change, appeared unaware that the current system in South Sudan includes elements of federalism,” the AUCISS report added.
“There are those who believe that federalism means separate existence or segregation, which evokes painful historical antecedents for some. One respondent told the Commission that in the federal arrangement he envisions, ‘we want to be left to live alone, us in our area and the xx in theirs' referring to two ethnic communities. Some of those advocating for ‘segregation' told the Commission that inter-ethnic relations were irreparably damaged by atrocities committed during the conflict, and that it would be difficult to co-exist side by side. For the Commission, these sentiments underscore the need for genuine reconciliation at the communal level, irrespective of the system of government adopted.”
The AUCISS report observed that “it is however notable that despite this divide among ordinary South Sudanese, there is emerging political consensus among the negotiating parties in the IGAD-led mediation process that a new constitutional dispensation to be established should be based on principles of federalism taking into account the context and the views of ordinary South Sudanese.”
Though AUCISS process was “delinked” from the IGAD-led mediation, the South Sudanese parities and stakeholders including the government finally acknowledged in the August 2015 signed ARCSS that they are “cognizant that a Federal system of government is a popular demand of the people of South Sudan and of the need for the TGoNU to reflect this demand by way of devolution of more power and resources to lower levels of government, and to initiate that a federal and democratic system of governance that reflects the character of South Sudan and ensures unity in diversity be enacted during the permanent constitution making process.” (See ARCSS Preamble)
Further, ARCSS in Chapter Six Article 1(2), set the parameters of the permanent Constitution to be made to include initiating of a federal democratic system of government that guarantees, amongst others, the supremacy of the people of South Sudan, good governance, constitutionalism, rule of law and human rights.
It provided that the TNLA shall within the first six (6) months of [the] Transitional Period enact a legislation to govern the constitutional making process, but this remains far from reality as there is no such a legislation up to date.
Also, Chapter Six, Article 8 of the ARCSS provided that: “The TGoNU shall review the ongoing permanent Constitution-making process and reconstitute the National Constitutional Review Commission (NCRC). In order to ensure quality of participation and inclusiveness in the reformulated Constitution review process, the composition of the reconstituted NCRC shall include but not limited to representatives of the TGoNU, Political Parties, faith-based groups, women's bloc, youth, ethnic minorities, representatives of the private sector, CSO groups, academics and other professionals. The process of appointment shall be as defined in the reviewed and enacted legislation governing the constitution-making process.”
ARCSS enshrined that the NCRC shall be appointed by the Executive after adequate consultation with all key stakeholders including but not limited to the Political Parties, Civil Society Organizations and Faith-Based groups for their views to prepare a Draft Constitutional Text, and that the Commission shall, inter alia, carry out wide consultation with the people and conduct civic education and prepare the Draft Constitutional Text.
At added that the permanent constitution shall be completed not later than eighteen (18) months following the establishment of the Transitional Period and shall be in place to guide the Elections toward the end of the Transition.
In fact, were it not for the resumption of conflict in July 2016 and significant lack of implementation of the provisions of ARCSS, these subjects of Federalism and Permanent Constitution Making would have been by now largely or entirely resolved and put to rest.
On the Number of States
On the controversial issue of number of States, the “Bridging Proposal” provides for that “immediately upon the signing of this Agreement, the revitalized TGoNU shall, taking into account the decision of 55th Extra-Ordinary Session of the IGAD Council of Ministers held in Addis Ababa, Ethiopia, January 30-31, 2016, appoint an Independent, ad hoc Boundary Commission (IBC) whose function shall be to review the establishment of new states and their boundaries and to make recommendations for addressing the consequences of these changes.”
After the signing of the ARCSS in 2015, government increased the number of States in South Sudan from (10) to thirty-two (32). “Even though this was deemed to be in violation of the ARCSS, it was agreed that an inclusive mechanism be established to determine the number and boundary of States during the Transitional Period until the matter is resolved within the Permanent Constitution-making process,” the Bridging Proposal noted.
The Proposal further provides that the IBC to be formed shall consist of 15 persons “with the necessary skills and knowledge to undertake its functions: 12 South Sudanese, at least five of whom shall be women, and 3 representatives of the regional guarantors of the Agreement. The IBC shall be chaired by a Judge of the Supreme Court of South Sudan.”
It says that the IBC shall complete its work within 180 days, and shall make recommendations on adjustments to be made to the number and boundary of States during the Transitional Period. Thereafter, it added, the IBC shall be dissolved. The proposal also enshrined that the 180 days tenure of the IBC may be extended with “good cause.”
“To enhance its efficiency, the IBC shall establish three teams, each consisting of five representatives, to be deployed at locations it will designate,” the latest proposal says, stipulating that the recommendations of the IBC shall be binding.
Observations and Recommendations
It is worth noting that the ongoing HLRF is not a new peace process but an attempt to give new life to the 2015 ARCSS which remains largely unimplemented mainly due to the resumption of armed conflict in July 2016.
It was in its response to the conflict and new circumstances that emerged in South Sudan that the IGAD Assembly of Heads of State and Government in a Communiqué on 12, June 2017 at its 31st Extra-Ordinary Session mandated the IGAD Council of Ministers “to urgently convene a High Level Revitalization Forum (HLRF) of the parties to the ARCSS including estranged groups to discuss concrete measures, to restore permanent ceasefire, to full implementation of the Peace Agreement and to develop a revised and realistic timeline and implementation schedule towards democratic election at the end of the Transition Period.”
Today Wednesday, pursuant to the IGAD Communiqué of last week, the South Sudan parties signed a deal in Sudan dubbed “Khartoum Declaration of Agreement between Parties of the Conflict of South Sudan.”
The Khartoum Declaration, inter alia, says “An Agreement on the ‘Revised Bridging Proposal' shall be concluded as soon as possible and before closing the current Khartoum Round of Talks.”
However, there is still a chance for the South Sudanese parties to reach a comprehensive peace agreement within the next few days.
For the same Communiqué which mandated President Omar Hassan Al-Bashir to facilitate a second round of face-to-face discussion between President Salva Kiir and SPLM/A-IO leader Dr. Riek Machar within two weeks, to: “a. discuss and resolve the outstanding issues on governance and security arrangements including measures proposed in the revised Bridging Proposal of the IGAD Council of Ministers; and b. discuss measures to be taken to rehabilitate the South Sudanese economy through bilateral cooperation between the Republic of South Sudan and the Republic of Sudan,” also decided that the Sudanese President shall inform President Uhuru Kenyatta of Kenya of the outcome of the discussion between the parties.
The Igad Assembly of Heads of State and Government also decided that President Uhuru will facilitate a third round of face-to-face discussion between President Kiir and Dr Machar in Nairobi “to facilitate the revitalization process and report the outcome and way forward to the upcoming Ordinary Session of the IGAD Assembly of Heads of State and Government.”
So, despite all these, and the (limited?) mandate of the HLRF itself, there is still a chance for the South Sudanese parties to engage honestly and constructively so as to come up with a comprehensive peace agreement through the framework of the IGAD-led process.
This point is even reflected in the last week's Communiqué that called upon the South Sudanese Parties and Stakeholders “to make further compromises and expeditiously conclude the HLRF process.”
Back on the issue of Federalism, it is worth recalling that in their joint Position on the HLRF in February, the 9 parties/movements known as South Sudan Opposition Alliance SSOA called for adoption of “a FEDERAL system of governance during the [next] Transitional period through effective division of powers and resources between the federal, state, and local government.” The SSOA argued that “other aspects of federalism that require detailed study shall be tackled by the National Constitutional Conference (NCC) as stipulated in [the] TCRSS (Transitional Constitution of the Republic of South Sudan) 2011 and ARCSS 2015 that shall be convened during the Transitional Period.”
On their part also, the SPLM/A-IO has been at the forefront calling for the adoption of Federalism in South Sudan for years now.
Therefore, in an effort to improve on the IGAD Bridging Proposal with the view of finding radical solutions to the South Sudan crises and issues raised in this article, the author hereby makes the following observations and recommendations:
1- Article 7 of the Bridging Proposal on the “The Question of the System of Government, Federalism” should be improved. Specifically, Article 7(1) which, based on the ARCSS, provides that “…there is a need to reflect… [the popular] demand [of Federalism] by way of devolution of more power and resources to lower levels of government.” Here, the parties and stakeholders should agree and insert a provision specifying the “power and resources” to be devolved to lower levels of government. For example, it's been indicated that States receive a share of 15% of national revenue while the national government retains 85%. The author suggests that an affirmative action making a substantial rise (of at least 40%) in the allocation of national revenue to the lower level of government be provided for in the Bridging Proposal. The resources should be directed toward building institutions and human resource (personnel) in the states so that they are able to deliver to meet the needs of their people without failing the devolved system. Wide discussions over the matters should be held during the Permanent Constitution Making Process.
2- Also should be improved is Article 7 (2) of the Bridging Proposal which says “the Ministry for Federal Affairs shall be strengthened in order that it may carry out…[its] mandate to support the consideration of the appropriate models of federalism for South Sudan, and to contribute to the processes for adopting a federal system of government within the envisaged permanent Constitution of South Sudan.” Here, it should be stipulated how the ministry shall be “strengthened” and by who. And is it in terms of allocation of a budget? A list of specific mandate? These should be provided for explicitly in the final Agreement.
3- On the number of States, Article 5 (5) (1) of the Bridging Proposal provides that the revitalized TGoNU shall appoint an Independent, ad hoc Boundary Commission (IBC) to review the establishment of new states and their boundaries and to make recommendations for addressing the consequences of these changes. However, the Proposal failed to specify which organ of the revitalized TGoNU shall make the appointment. Is it the Council of Ministers, the Legislature of the revitalized TGoNU, or both? And how, through what procedure? These should be explicitly provided for in the Bridging Proposal (Agreement).
4- Also, Article 5 (5) (3) of the proposal provides that the 180 days tenure of the IBC “may be extended with good cause” without mentioning which body (organ) holds the authority to make that extension. Is it the President? Is it in consultation with one or all the three Vice Presidents? Is it the Council of Ministers, the Legislature of the revitalized TGoNU, or both? And how? The Bridging Proposal (Agreement) should make explicit provisos on these.
Conclusion
Since the ARCSS being revitalized set the parameters of the Permanent Constitution to include initiating of a federal democratic system of government and the Bridging Proposal has acknowledged that, taking note of ARCSS that a federal system of government is a popular demand of the people of South Sudan, the author does not intend to open the matter for renegotiation.
Instead, the next government and all with good intentions should invest resources and the expertise to help enlighten South Sudanese on the different types of Federalism so that when the time comes for Permanent Constitution making the people will be able to actively participate and decide on the appropriate system of Federalism for the young nation.
A genuine reconciliation among communities is also key for South Sudanese to be able to move forward from the belief that federalism means “separate existence or segregation, which evokes painful historical antecedents.” There are provisions for such reconciliation in the current TCRSS
Finally, the author agrees with the view of AUCISS that “whether a system is denominated ‘federalism' or ‘decentralization' or ‘devolution', it is the ‘content' of the system (in relation to adequate devolution of resources, decision-making power and guarantees against undue interference in devolved units by the center) as well as commitment to the implementation of the constitutional text that matters.”
Roger Alfred Yoron Modi, a South Sudanese journalist, is the former Managing Editor of the Juba Monitor Newspaper and former Chief Editor of Bakhita Radio. He can be reached via his email: rogeryoron@gmail.com
June 26, 2018 (NAIROBI) – South Sudan's armed opposition faction (SPLM-IO) has warned its members and the public not to get news on the ongoing peace process through “fake” channels.
“The SPLM/SPLA (IO) is a popular movement and our members will be aware of any final decision that is made,” the group said in a statement signed by its chairman for information, Mabior Garang.
In the 26 June release, the armed opposition movement appealed to members to only rely on information from official channels.
“We further call on our members to make their thoughts known to the leadership through our popular structures,” it further stressed.
South Sudan President Salva Kiir and SPLM-IO leader Riek Machar on Monday pledged during a closed-door meeting to make the needed concession for the sake of peace in the war-torn country.
The armed opposition faction, however, said it remains confident in the face-face talks between South Sudan President Kiir and Machar, which is part of the comprehensive Intergovernmental Authority on Development (IGAD) peace process and “not a separate initiative.
“The SPLM/SPLA (IO) shall leave no stone unturned in the search for a just and honourable peace for our people, through a negotiated settlement,” the statement added.
South Sudan rival parties have achieved some progress in Khartoum peace talks and are expected to sign a framework agreement for a detailed deal to be signed at the end of the talks within two weeks.
Sources close to the process said discussions resumed on Wednesday on a draft framework agreement proposed by the Sudanese facilitators focusing on three areas; the first for a comprehensive ceasefire and the deployment of IGAD and African Union monitors.
The second issued to be discussed concerns the issue of three capital cities in the country during the transitional period (Juba- Malakal-Wau) so that government organs work from the three cities.
The third point provides that Sudan in coordination with South Sudan would take in charge security and repair of oil wells in South Sudan.
South Sudan has been experiencing a civil war since mid-December 2013. Tens of thousands of people have been killed and more than two million displaced.
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