CEPO: Periodic Updates from the High-Level Revitalization Forum in Addis Ababa -Part 3

1^st WEEK SUMMARY OF REVITALIZATION OF THE AGREEMENT ON THE RESOLUTION OF CONFLICT IN SOUTH SUDAN (ARCSS)

5^th -9^th Feb. 2018, Addis Ababa-Ethiopia

February 12, 2018 (SSB) — Background: IGAD-led ARCSS revitalization second phrase started in Ethiopia -Addis Ababa on 5^th Feb. 2018 for revitalizing ARCSS chapter 1 and 2 articles for two weeks (5-16 Feb. 2018). The South Sudan conflicting parties and other stakeholders namely civil society, women, youth, persons of eminent personality, business community and faith based. The first week of the ARCSS revitalization is completed

ARCSS CHAPTER 1 AND 2 REVITALIZATION OBJECTIVES

As mandated by the IGAD assembly of Heads of State and Governments in their 31^st Extra-Ordinary Summit held in Addis Ababa, Ethiopia on 12 June, 2017, the High-Level Revitalization Forum (HLRF) of the parties to ARCSS, including estranged groups shall discuss concrete measures to achieve the following objectives;

1. Restore the permanent ceasefire,
2. Achieve full and inclusive implementation of the ARCSS,
3. Develop a revised and realistic timeline and implementation schedule towards democratic election at the end of the Transition period

SPIRIT OF PARTIES AND STAKEHOLDERS REVITALIZING ARCSS CHAPTER 1 AND 2

The general spirit of the conflicting parties of South Sudan in revitalizing ARCSS chapter 1 articles is commendable and encouraging. The common the revitalization hall is interest for peace and stability. The overall intension of the conflicting parties is immediate stoppage of the citizens suffering. Matters associated with clashed of opinion were observed and it is normal in any political dialogue seeking solution to political difference. This demonstrated in negotiating the Agreement on Declaration of Principles (DoP). DoP was negotiated for two day smoothly without disagreements but inclusion disagreement merged due to objective of article 28 “       “  of the DoP. This artlce made the DoP to be signed by parties and stakeholders on “optional bases or voluntary bases”. The government rejected the article 28 only for the following given reasons per the government press release dated 10^th Feb. 2018

1. The provisions of Article 28 of the DoP are covered by Article 14 (3): Enforcement of Compliance “The action referred to in sub-section (2) above, may include the measures decided by the 28^th Extra-ordinary Summit of the IGAD Heads of State and Government of 24^th November 2014” of the Cessation of Hostilities, Protection of Civilians and Humanitarian Access Agreement signed on the 21^st December, 2017, in Addis Ababa. On the other hand article 28 is not a principle to be included in the DoP, it is a punitive provision
2. Article 28 of the DoP is misplaced because it is an incriminating provision. It incriminates the parties, and usually sanctions and/other punitive measures are imposed without the approval or consent of the targeted party, individuals or institution

The government proposed solution to resolving their rejection of the article as follow below;

3. The TGoNU delegation objected to the inclusion of Article 28 of the DoP and suggested that it should be deleted from the text or that the names of those parties who do not wish to sign or associate themselves with the DoP should have their name(s) deleted. Again the IGAD mediation Team rejected that proposal.

This reason made IGAD Mediation Team to declare the signing of the DoP optional or voluntary.

ARCSS REVITALIZED ARTICLES

From date 5^th to 9^th February, 2018 the South Sudan parties and stakeholders were able to successfully revitalized the follow articles of Chapter 1 of ARCSS. ARCSS Chapter 1: Transitional Government of National Unity (TGoNU) 

1. Article 2: Mandate of transitional Government of National Unity (TGoNU)
2. Article 11: Transitional National Legislative assembly and Council of States
3. Article 12: Judiciary during the Transition Period
4. Article 13: pre-transitional period and national constitutional amendment committee (NCAC)
5. Article 16: National Elections

South Sudan parties agreed to revitalize some of the articles later because they are associated with government formation and power sharing. These articles are; 1, 3, 4, 5, 6, 7, 8, 9, 10, 14 & 15

ARCSS CHAPTER 1 REVITALIZATION ACHIEVEMENTS

1. From DoP provisions key achievements
2. Increase of women representation and participation quote or affirmative action from 25% to 35% under article 15 of DoP
3. Acknowledgement for participation and representation of Youth in Governance under article 16 of DoP
4. Call for all parties to cooperate and facilitate civil society and media in the implementation of revitalized agreement under article 27 of DoP
5. From Chapter 1 key achievements
6. Establishment of constitutional court
7. Conduct of elections in accordance with provisions of permanent constitution
8. Improvement of language in the provisions of articles 2, 11, 12, 13 and 16
9. Media coverage of ARCSS chapter 1 Revitalization

The media have played effective role in communicating the developments around ARCSS chapter articles revitalization. The citizens this time were well informed and effectively following the developments around ARCSS revitalization through media

SHORTCOMINGS OBSERVED IN REVITALIZING ARCSS CHAPTER 1

1. Too much talking for building reasoning among the South Sudan parties and these talks were under influenced conflict between winning share verse improving governance approach. This situation rose as results of open and unguided space for deliberation by the IGAD Mediation Team. Later the IGAD Mediation team improved the manner for facilitating deliberations among the South Sudan stakeholders
2. The pattern of politicians’ calculation for power sharing is surfacing in very slow manner among some political actors during revitalizing the articles of ARCSS chapter 1.

“The Community Empowerment for Progress Organization (CEPO) is a non-profit, civil society, South Sudanese organization, registered by the Ministry of Justice on 17th November 2010. The organization was initially formed in Khartoum in 1999 and consisted of mostly University students, but its scope broadened after it was established in Juba, Southern Sudan as a separate entity. Presently, CEPO is engaged in the areas of Peace and conflict mitigation, human rights, rule of law, livelihood, governance and democratic transformation. MR. EDMUND YAKANI BERIZILIOUS is the Executive Director of CEPO.”

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PaanLuel Wël

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PaanLuel Wël is the founder and editor-in-chief of PaanLuel Wël Media Ltd, a news website that covers news, opinions, analysis, history, culture and literature of South Sudan and the world. Founded in July 2011 by PaanLuel Wël to create a platform for free expression and constructive dialogue, the website features articles from various contributors, including columnists, commentators, poets, authors, activists and academics. PaanLuel Wël believes that media can play a vital role in informing, educating and empowering the people to participate in nation-building and social transformation. He also believes that media can foster a culture of dialogue, tolerance and diversity among different communities and groups, and hopes to inspire and mentor the next generation of South Sudanese writers and journalists.

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