Power-sharing Agreement between President Kiir and the Former Political Detainees

AGREEMENT FOR RECONCILIATION AND UNIFICATION OF THE SPLM AND ENDING OF THE WAR

Preamble:

We the SPLM Leaders, representing two principle leadership groups of the Sudan People’s Liberation Movement , one led by H.E. Salva Kiir Mayardit, Chairman of the SPLM and President of the Republic of South Sudan; and the other group of the SPLM Leaders (Former Political Detainees) led by Cde Pagan Amum Okiech, having met on the invitation of H.E. Yoweri Kaguta Museveni, Chairman of NRM and President of the Republic of Uganda, on 16th November, 2014 at State House, Entebbe, Uganda, to discuss reconciliation and reunification of the divided SPLM;

Acknowledging that differences within the Sudan People’s Liberation Movement (SPLM) Leadership over issues of reforms and internal governance have led to the current national crisis in the country;

Mindful that the division in the Party cannot be permitted to linger on definitely thereby delaying resolution of the internal crisis and the efforts to bring the ongoing civil war to an end;

Cognizant that the leadership crisis in the Party and the national crisis in South Sudan must be resolved expeditiously to return the SPLM to its vision and core values, and end the war in order to restore peace and stability in the country;

Convinced that reconciliation and unity of SPLM Leadership will speedily usher in reconciliation and unity of the people of South Sudan;

Having previously met in Addis Ababa, Ethiopia under the auspices and facilitation of the EPRDF, the African National Congress (ANC), and in Arusha, Tanzania under the auspices and facilitation of the Chama Cha Mapinduzi (CCM);

Appreciating the initiative of H.E. President Yoweri Kaguta Museveni in bringing the two parties together to dialogue among themselves in candid and frank manner over the crisis afflicting South Sudan;

Having agreed to reconcile and unite our ranks in order to restore the unity of the Party and the country;

1. Objectives of the meeting:

a. Resolution of differences, achieving reconciliation and restoring harmony and unity within the SPLM leadership and rank and file;

b. Laying the ground for ending the war and promoting peace and stability in the country, in conformity with the IGAD mediation;

c. Restoring confidence and creating the environment for working together for the good, interests and unity of the people of South Sudan and the country;

2. Measures for immediate Action:

The two sides have agreed to take the following immediate measures to implement and facilitate reconciliation and unity of the SPLM:

a. Re-commitment to reconciliation and unity of the Party;

b. Commitment to cease all forms of hostilities, negative propaganda and character assassination against each other;

c. Revisit and review the contentious issues in the draft SPLM constitution before its presentation to the National Convention. These issues include the following:

i. Mode of voting: whether by show of hand or secret ballot;

ii. The provision allowing the SPLM Chairpersons at all levels to nominate five percent (5%) of the membership of the Congresses and the National Convention in which they are also potential candidates for the same positions;

iii. Process selection and election of Party leaders at all levels.

d. Revocation of decisions for dismissal of party cadres from party membership positions resulting from the internal conflict within the party including elected Governor.

e. Undertake urgent reorganization and transformation of the Party within a specified period of time.

f. Call off the ongoing process of holding Party congresses and the proposed National Convention till the ongoing war is ended and the process of reconciliation and reunification of the Party is completed, so that all members are able to participate effectively and freely. However, an extraordinary Convention may be called for the sole purpose of passing the basic documents of the party to facilitate its registration in accordance with the provisions of the Political Party Act, 2012.

g. In order to keep away ethnic and other sectarian influences on the party decision-making processes on important Party and National issues, procedures to ensure collective decision-making shall be agreed and put in place. Accordingly, the political Bureau (PB) shall be restructured in a manner that guarantees its leading role in collective decision-making on important issues.

h. There shall be established a national committee to vet and scrutinize members of the party vying for positions of leadership in the Party or Government, preferably, a Standing Committee of the PB whose sole decisions would be subject to approval by the whole membership of the PB in official meetings.

i. The composition of the PB shall reflect equitable representation of the states:

3. Ending the war:

Without prejudice to the ongoing IGAD mediation process, the two sides agree that:

a. The warring parties should fully re-commit to observe the Cessation of Hostilities Agreement (CoH).

b. The warring parties should commit themselves to end the war through the IGAD mediated process by finding solutions to the outstanding issues.

c. All stakeholders commit to support the process of Justice and accountability for those individuals or groups to account for atrocities committed during the conflict that erupted since December, 2013.

d. We stand together for an inclusive power sharing arrangement in the establishment of the transitional Government of National Unity (TGoNU), with fair representation of all the stakeholders to ensure sustainability of the peace agreement and consolidation of national unity.

e. The warring parties should choose the option of peace for the benefit of the people of South Sudan and to recognize that there is no military solution to the ongoing war.

4. Establishment and Composition of the Transitional Government of National Unity (TGoNU):

(I) In accordance with the 9 May 2014 Agreement, the parties have agreed to expedite the establishment of the Transitional Government of National Unity which shall include in its composition, members of the current Government of South Sudan, SPLM/A (IO), SPLM Leaders (FPD) and the political parties. The stakeholders shall share the top positions as follows:

i. President (the incumbent);

ii. Vice President (the current VP);

iii. Prime Minister (SPLM/IO) who shares executive powers with the President as shall be agreed in the Peace Agreement;

iv. Two Deputies to the Prime Minister : one for SPLM Leaders (FPD) and the second for other political parties;

v. The Council of Ministers which shall be shared among stakeholders and chaired by the President;

vi. The Vice President acts when the President is absent from his duties due to illness, temporary disability or out of the country for more than twenty-four hours;

vii. In case of death, resignation or permanent incapacitation or disability of the President, the Speaker of the National Legislative Assembly shall assume the functions of the President until the National Legislative Assembly elects a new President to complete the remaining period of the transitional period. The acting President (Speaker) shall not be eligible to contest for the position of President.

(II) The respective percentages of the participation in the Transitional Government of National Unity for the stakeholders shall be agreed upon in the Peace Agreement under IGAD mediation.

(III) The following measures shall be implemented immediately by the government to restore confidence and normalize the situation that from the events of December 2013:

i. Absorption and reintegration into the civil service of employees who were terminated or who left jobs because of threats to their lives following the insecurity that gripped the country after the tragic events of 15th December, 2013; a committee shall be established to carry out this task.

ii. Revocation of decisions of the National Legislative Assembly and Council of States regarding termination of membership of some legislators who were absent from their duties because of insecurity or threats to their lives occasioned by the events of December 15th, 2013.

5. Immediate security measures to be implemented:

i. Commitment of the Government to ensure security protection and safety;

ii. Security sector reforms in the medium and long term shall be addressed in the Peace Agreement.

6. Implementation of the Agreement:

The two sides agree to implement this agreement in good faith and within reasonable timelines.