Governance and Social Cohesion: Resolution of the National Dialogue in South Sudan
SSND Implementation Framework
Chapter I The Mandate of the South Sudan National Dialogue
Part I: The South Sudan National Dialogue was constituted to achieve the following:1.1. End political and communal violence in the country1.2. Resolve how to properly transform the military1.3. Redefine and re-establish stronger national unity1.4. Restructure the state 1.5. Renew social contract between the citizens and their government1.6. Develop a framework for managing diversity1.7. Develop a mechanism for allocating and sharing resources1.8. Settle social disputes and sources of conflict (cattle raiding, child abduction, communal violence, cattle and human migration)1.9. Set a stage for an integrated and inclusive national development strategy1.10. Agree on steps and guarantees to ensure safe, free, fair and peaceful elections and post transition1.11. Agree on a strategy to return internally displaced persons and refugees to their homes1.12. Develop a long-term framework for national peace, healing and reconciliation. Article I. Limitations on the Mandate of the National Dialogue1. The National Dialogue is situated within the framework of the Revitalized Agreement on the Resolution of Conflict in South Sudan (R-ARCSS). 1.1. The National Dialogue process should not be seen as a new process, rather, it should be seen as an expansion of the R-ARCSS to accommodate all the people of South Sudan and their grievances. 1.2. The resolutions of the National Dialogue Conference, once accepted, shall be binding on all the stakeholders.Chapter II Transformation of South Sudan Part II: Transformation of Governance1.0 System and Form of Government
The Structure of State1.1. The South Sudan National Dialogue Conference resolves:1.1.1. To adopt a two-tiered federal structure of governance consisting of federal and state levels of government; and,1.1.2. To adopt a mixed federal system;1.1.3. The Conference further resolved that state governments shall:1.1.3.1. Have administrative and political autonomy from the federal government;1.1.3.2. Have the same corresponding branches of government as federal government namely; the executive, legislative and judicial structures; 1.1.3.3. Have the competence to create local government structures with the approval of the Senate in a manner consistent with the Local Government Act, 2009.
The Number of States1.2. The Conference endorsed:1.2.1. The establishment of 32 plus states based on the following criteria:1.2.1.1. Population;1.2.1.2. Territoriality;1.2.1.3. Economic viability; and,1.2.1.4. Skilled personnel.
The National Capital 1.3. The Conference resolved that the National Capital shall be relocated to Ramciel.
Competence of the Federal Government1.4. Exercise executive, legislative and judicial functions;1.5. The Conference resolved that the Federal Government shall have the following competences: 1.5.1. Establishment of more states;1.5.2. Defense;1.5.3. Diplomacy and foreign relations;1.5.4. Judiciary;1.5.5. International trade and commerce;1.5.6. Regulate inter-state trade and commerce;1.5.7. Health;1.5.8. Education;1.5.9. Housing;1.5.10. Agriculture;1.5.11. Wildlife and forestry conservation;1.5.12. Postal services and telecommunication;1.5.13. Banking and financial services; and,1.5.14. Transportation.
Competences of the States1.6. The Conference resolved that states shall:1.6.1. Exercise executive, legislative, and judicial functions;1.6.2. Establish local government at the County, Payam and Boma levels;1.6.3. Regulate the conduct of internal trade;1.6.4. Have the power to construct feeder roads, airstrips, dykes, and water catchments;1.6.5. Policing and law enforcement;1.6.6. Education;1.6.7. Health services;1.6.8. Housing; 1.6.9. Wildlife and forestry conservation; and,1.6.10. Agriculture. Constitutionalism and Rule of Law1.7. The Conference resolves:1.7.1. There be commitment to the principles of constitutionalism and the rule of law especially adherence to the principle of separation of powers and,1.7.2. The government shall swiftly draft a Permanent Constitution.
Strengthening of Judiciary and Promoting Accountability6. The Conference:6.4. Recommends the establishment of a robust and independent judiciary;6.5. Calls for the establishment of an independent Judicial Service Council that has the sole prerogative of removal judges;6.6. Calls for recruitment of qualified legal professionals to serve in judiciary;6.7. Recommends improvement of the emolument of judges;6.8. The emolument of the judges; and,6.9. Recommends the review of the terms of appointments of judges with the view to security their tenure.1.8.
Vetting of Presidential Appointees1.9. The conference resolves that all presidential nominees shall be vetted and confirmed by the Senate.
Presidential System2. The Conference resolves:2.1.1 to adopt a presidential system;2.1.2 that there shall be two vice presidents;2.1.3 That no member of Parliament shall serve in an executive position; and,2.1.4 That in the event that a member of parliament is appointed to an executive position, he or she shall resign from the Parliament and his or her position shall be filled within 60 days from the day of resignation by way of a by-election.
Term Limits2.2 The Conference resolves that:2.4.1 There shall be two presidential terms of 5 years each and that a president shall serve for a maximum of two consecutive terms and shall not be eligible to contest for a third term.2.4.2 A governor shall serve for two consecutive terms of 5 years and shall not be eligible to contest for a third term;2.4.3 There shall be no term limit for a commissioner or a mayor;2.4.4 There shall be no term limit for members of Parliament; and,2.4.5 all judges shall serve for up to retirement age;
Start of the Term Limits
2.3. The Conference resolves that the term limits shall start from the next general elections following the end of the Transitional Period.
Constitutional Court
2.4. The Conference resolves that:
2.4.1. There shall be established a constitutional court;
2.4.2. The President shall appoint Constitutional Court judges as recommended by the Judicial Service Commission; and,
2.4.3. All Constitutional Court justices serve for life.
Transfer of Power
2.5. The Conference resolves that political power shall be transferred through fair, free and credible democratic elections which shall be conducted by an Independent Electoral Commission established under the Elections Act, 2012,
National Elections
2.5.1 The Conference resolved that:
2.5.2.1 National elections shall be carried out by an Independent Electoral Commission in accordance with the Elections Act.
2.5.2.2 All registered political parties shall participate in national elections in accordance with the Political Parties Act.
States Elections:
2.5.2 The Conference resolves that:
2.5.3.1 States elections shall be conducted by an independent states electoral commission;
2.5.3.2 All registered political Parties in states can contest state elections.
Local Elections
2.5.3 The Conference resolves that:
2.5.5.1. Local elections shall be conducted by an independent state electoral commission; and
2.5.5.2. All registered political parties can compete for county elections.
Power Sharing
2.6. The Conference also resolves that:
2.5.1. The federal government shall not interfere in state affairs except save in reasonable circumstances prescribed by law;
2.5.2. The Government shall establish a National Youth Service; and,
2.5.3. The Government of South Sudan should establish Family and Children Courts and Juvenile Reformatory Schools throughout the country.
2.5.4. The appointment and removal of officials from institutions such as judiciary, anti-corruption and other key positions shall be done by the president with the approval of the legislature;
2.5.5. The State of Emergency, borrowing and amendment of the constitution should be issued by the president and approved by the parliament;2.5.6. Resolves that undersecretaries shall not be appointed by Republican Decree.2.5.7. There media shall be free for all, including opposition political parties;2.5.8. President shall give orders for the deployment of the army and notify the parliament for approval of the budget;2.5.9. The three regions shall be reflected in the presidency and at least one vice president shall be a woman;2.5.10. The cabinet shall be inclusive with at least one minister from each of the 10 states and each of the three Administrative Areas;2.5.11. In appointing a cabinet, consideration shall be given to groups that have not been represented before in administration.2.5.12. Each public institution shall reflect 35% in its positions;2.5.13. That 20% of all employees and managers in all government institutions shall be youths; and,2.5.14. The Government at all levels shall implement 10% for people with disabilities and special needs; 2.5.15. Employment in civil service shall reflect the diversity of the people of South Sudan
Gender Consideration 2.6. The Conference resolves that women, youths and people with special needs shall have representations at all levels of government.
Allocation and Sharing of Resources Between the Federal and State Government
Natural Resources3.1. The Conference resolves that: 3.1.1. The rights over subterranean and other natural resources found on or below the land surface throughout South Sudan shall be owned by the Federal Government and regulated by law;3.1.2. Subterranean and other natural resources referred to in Section 3.1. above is defined as including petroleum, gas resources, solid minerals, gold, timber, marram, etc.3.1.3. The subterranean and natural resources should be divided as follows:a) Federal government takes 80%;b) Producing State, 15%;c) Producing communities, 5%;3.1.4. The Federal Government shall manage resources such as agricultural products, wildlife, forestry, fisheries, etc., government; and,3.1.5. The communities and persons enjoying the rights over land shall be consulted in decision for extraction of resources under their land and the benefits accruing from such exploitation shall be managed in accordance with law.
Taxes3.2. The Conference resolves that states shall keep 60% of tax revenues and remit 40% to the federal government; and,3.3. The same tax sharing formula between the federal and state governments shall apply to counties and Payams.
National Budget3.4. The Conference resolves that federal government shall keep 55% of total national revenues and transfer 45% to all the states including producing states on the basis of the following factors:3.4.1. Population and geographical sizes;3.4.2. Availability of facilities such as schools, health facilities, etc.;3.4.3. Level of accountability on the part of spending agencies; and,3.4.4. Vulnerability (the size of the vulnerable population).
Human Resources3.5. The Conference resolves the establishment of professional human resources:3.5.1. By training a well-trained, disciplined, ethical, and professional civil service workforce;3.5.2. By decentralization of civil service’ 3.5.3. That factors to Consider in equitable recruitment of civil service;a) Ethnic;b) Gender; and,c) Regional.
Traditional Authority and Customary Systems3.6. The Conference resolved that: 3.6.1. Traditional Authority shall be recognized in National Constitution;3.6.2. Chiefs shall receive adequate remuneration as officials of the Local Government;3.6.3. The independence of traditional chiefs and their authority should be respected in implementing customary laws;4.8.1 The Government should strengthen customary laws and empower chiefs to enforce traditional norms, in connection with cultural practice at local level;4.8.2 Government should empower traditional courts and chiefs to initiate reconciliation among communities.4.8.3 Customary disputes shall be resolved through customary courts;4.8.4 Implementation of the local government Act, 2009, in relation to Traditional Authorities;4.8.5 To abolish the operation of council of chiefs at the national and state level;4.8.6 To ensure the separation of powers of chiefs from Judiciary;4.8.7 To promote exchange visits programs for chiefs and traditional leaders4.8.8 Allocation of budget for traditional authorities;4.8.9 To promote the protection of cultural and heritage national and local level.Land Tenure and Administration
Land Tenure Systems6. The Conference identified three types of land tenure as follows:6.1. Public Land is land owned by the government which holds it in trust as defined by the South Sudan Land Act, 2009;6.2. Community Land is defined as land owned by the community and traditionally passed down by ancestors therefore historically held or used by local communities or their members, shall be held managed and protected by law.6.3. Private Land refers to any land registered and held by any person under a freehold tenure on the basis of either freehold, leasehold or land declared to be private by law.
Land Ownership4. The Conference resolves that: 4.1. land belongs to communities;4.2. land shall be regulated by the National, State and Local Government in accordance with the law;4.3. Women shall have the rights to own and inherit the land;4.4. The Government of South Sudan shall enact laws to protect ownership rights and access to land, having regard to the types of land ownership;4.5. Rural land be owned and managed by indigenous communities while urban gazetted land be owned and managed by the government;4.6. The Government at any level may expropriate community land for public interest, but with appropriate compensation to the communities having the rights over land4.7. The decision by the Government to expropriate land shall be undertaken with the informed consent of the communities;4.8. Women shall have the right to own and use land independently of their husbands and/or other male relatives;4.9. The Government should make efforts to reduce the cost of land especially in urban areas; and,4.10. Women have the right to inherit land from parents.
Land Management6.10. The Conference: 6.10.1. Resolves that the Government of South Sudan should create an effective land registration system in order to manage and administer land in the best interests of the people of South Sudan;6.10.2. Resolves that investment land acquired under leasehold from the Government or Community for purposes of economic development shall be administered in accordance with the relevant provisions of the Transitional Constitution of South Sudan and South Sudan Land Act; 6.10.3. Notes further that any government in need of rural land for development and for purposes of other public interests shall be granted such land with consent of the indigenous communities.6.10.4. Recommends that land shall belong to the community and be protected by the government and it should be managed and administered by the local government in collaboration with the indigenous communities;6.10.5. Resolves the formation of the National Boundaries Commission with a strong and clear mandate to protect our national borders and international boundaries;6.10.6. resolves that the National Boundaries Commission shall manage and demarcate internal boundaries as they stood on January 1st, 1956;6.10.7. The Conference recommends that in case of land dispute, the Government jointly with the community should resolve the dispute;6.10.8. The right over all subterranean and other natural resources including petroleum, gas, mineral, timber, etc., belong to the federal government and shall regulated by law; and,6.10.9. Although states shall manage resources such as wildlife, forestry, fisheries etc. persons enjoying the rights over land shall be consulted in decisions that may affect their rights on land and resources.
Borders7. The Conference:7.4. acknowledges that there have been substantial encroachments by foreign countries into the territorial integrity of South Sudan;7.5. Identified South Sudanese areas that have been occupied or claimed by the Government of the Sudan as including the following:7.5.1. Abyei, Panthou, Karasana, Hafrat-nahas; Kafia Kingi; Mile Fourteen; Kaka Tejaria, Meganis, and Wunkur (Joda).7.6. Identified South Sudanese areas occupied by the Republic of Uganda as including the following:7.6.1. Oraba and Panyume, in Morobo County;7.6.2. Gbari, Afoji, Abaya, Bamure, Gobor, Pure and Keriwa, at Kajo-Keji County;7.6.3. Bira, Kenangorok and Theretenya, at Ikwoto County; and,7.6.4. Elegu, Ngomoromo, Aweno-Olwi and Adodi, in Magwi County. 7.7. Identified South Sudanese areas encroached upon by the Democratic Republic of the Congo as including7.7.1. Kimba, Lojulo, and Ukaba in Morobo County;7.8. Identified South Sudanese areas encroached upon by the Central African Republic as including: 7.8.1. Ri Yubu, in Tambura County;7.8.2. Basukangbi and Sakure, in Nzara County;7.8.3. Gangura inYambio County; and,7.8.4. Nabanga in Ibba County;7.9. Identified South Sudanese areas occupied by the Republic of Kenya as including the following:7.9.1. Nadapal and Illemi Triangle in Kapoeta East County; 7.9.2. New site, Lotimor and Namurnyang areas in Kapoeta South County; and,7.9.3. And such other areas that may be identified by the Border Committee;7.10. Resolves that all ethnic boundaries should be recognized as they stood on January 1, 1956.
Border Issue Resolutions7.11. In light of the above concerns, the Conference resolves that:7.11.1. The government shall form a National Border Commission for demarcation of internal boundaries;7.11.2. The government shall identify hot spot areas for the deployment of military;7.11.3. The government shall consult with borders communities in the event of negotiations with foreign countries and internal demarcation of boundaries;7.11.4. The government shall enlist the support of experts from South Sudan, African Union and the United Kingdom to identify relevant materials to aid the demarcation of internal borders;7.11.5. The government shall issue to the public an authentic map as soon as internal boundaries have been demarcated; 7.11.6. The government may establish two directories, one for international and another for internal boundaries; 7.11.7. The government shall form a joint committee to identify ancestral lands with the objective to settling land disputes among neighboring communities;7.11.8. The Government shall refer any unsettled disputes to an international arbitration;7.11.9. The government shall include all areas identified to be occupied by foreign countries in the final official map of South Sudan; and,7.11.10. Any agreement or MOU entered into between South Sudan and neighboring countries in respect of borders shall expeditiously be implemented.
Recognition of Abyei Referendum7.12. The Conference resolves that the Government of South Sudan shall take the issue as an urgent priority.
Communal relations and peaceful coexistence5. The Conference resolves:5.1. That a comprehensive and simultaneous disarmament of civil populations be carried out countrywide;5.2. To promote respect for cultural values of all ethnicities or nationalities;5.3. To introduce inter-generational dialogue at local levels among all conflicting communities;5.4. That a farmer –pastoralist law be enacted to regulate cattle movement;5.5. To criminalize cattle raiding;5.6. All citizens shall have equal rights; and,5.7. To maintain the National Dialogue process and localize it at the state level for people to continue to dialoguing.
Promotion of National Unity5.8. The Conference resolves that:5.8.1. Equitable representation in the recruitment of the military, police, national security, Fire Brigade and Wildlife;5.8.2. The recruitment and deployment of civil servants at all levels of government shall be based on merits;5.8.3. The national boarding schools shall be established across the country to promote unity and social cohesion;5.8.4. The government shall:a) Introduce National Service after completion of secondary school education;b) Promote respect for cultural diversity and value systems by promoting intercultural activities in schools;c) promote sports and national tournaments across the country;d) Initiate full engagement of South Sudanese Diaspora communities by establishing a Diaspora Desk at the national and state levels of government; and,e) Abolish tribal marks/scarifications to promote unity;
Composition of the Federal Legislature
Change of the name of the Council of States5.9. The Conference resolves the change of name from “Council of the States” to “the Senate.” 5.10. The Conference resolves that:5.10.1. The size of the federal legislature shall be determined through a new census. 5.10.2. The Federal Legislature shall be composed of two houses of legislature namely:a) The Senate shall be the Upper House, and,b) The Federal House of Representatives shall be the Lower House.5.10.3. The Federal Legislature composition shall reflect the following percentages after the Transitional Period:a) Geographical constituencies: 40%b) Women’s representation: 35%c) Youth representation: 20%d) People with disability and special needs: 5%; and,5.10.4. All political parties shall reflect these percentages in their representations.
Declaration of War and State of Emergency5.11. The Conference resolves that the Declaration of the war and state of emergency shall be proposed by the President and approved by the combined sitting of the Senate and Federal Legislature;
Impeachment 5.12. The Conference resolves that the Federal Legislature shall have the power to impeach the President and a vice president and shall pass a vote of no-confidence in the ministers, Governor of Bank of South Sudan, and any other federal constitutional postholders;5.13. Notwithstanding Subsection 5.12 above, the Conference resolves that the Senate shall have the power to convict an impeached president or a federal official about whom a vote of no-confidence has been passed.
Government Loans5.14. The Conference resolves that the federal legislature shall not approve a loan of more than 30% of the federal budget when passing an annual budget.
Introduction of Bills5.15. The Conference resolves that the introduction of legislative bills shall be the responsibility of the members of the Federal House of Representatives and Senators within the context of their competence.
Replacement of Representatives and Senators5.16. The Conference resolved that:5.16.1. In the event that a position of a member of Federal House of Representatives or Senator falls vacant due to death or permanent incapacity his or her position:a) shall be filled by way of a by-election within 60 days of declaring the position vacant; and,b) There shall be no replacement through appointment of a member of the Federal House of Representatives or a senator whose seat has been declared vacant.
Citizenship and Political Participation5.17. The Conference resolves that:5.17.1. Any South Sudanese citizen is entitled to live, work, and participate politically anywhere, including running for an elective office;4.6.1 Citizenship shall be obtained through birth or naturalization;4.6.2 The government shall promote civic education in schools;4.6.3 Citizenship is the basis of equal rights and duties for all South Sudanese people;4.6.4 Every citizen shall enjoy all the rights guaranteed by law; and.4.6.5 The law shall regulate citizenship and naturalization.Provision of Services
Infrastructural Development, Agricultural and Water Services
5.1. The Conference resolves that:5.1.1. the government shall develop city halls in all state and administrative area capitals;5.1.2. The government shall revisit agricultural investments schemes in areas such as such Renk, Mangala, Nzara, Aweil, Pariang and Wau;5.1.3. The government to provide agricultural seeds and other agricultural equipment to farmers in all counties in Payams in South Sudan;5.1.4. the government shall strengthen Agricultural Bank and offer bank loans to farmers;5.1.5. The government shall establish modern veterinary clinics in all counties in the country;5.1.6. The government shall construct roads and bridges across the country to connect the National Capital with the capitals and towns in all states and administrative areas in South Sudan;5.1.7. The government shall construct airports, power generation systems, river ports, dams and telecommunication services countrywide;5.1.8. The government shall construct sports and recreation facilities in all states and administrative areas in the country;5.1.9. The government shall de-silt all river-tributaries; 5.1.10. The government shall provide housing and welfare funds for families of martyrs;5.1.11. The government shall establish research centres for traditional medicines; and,5.1.12. The government shall provide clean drinking water by digging boreholes especially in all remote areas in the country.
Provision of Health Services5.2. The Conference resolves that the government shall:5.2.1. Establish insurance funds to provide health services to all citizens in the country;5.2.2. Establish the highest standard of environmental protection in oil producing areas against oil pollution;5.2.3. Establish nursing schools in all states to improve local capacity;5.2.4. Construct modern mortuaries in all states; and,5.2.5. Equip public hospitals and clinics with ambulances for emergency services;
Provision of Educational Services5.3. The Conference resolves that government shall:5.3.1. develop a national curriculum for all secondary and primary schools education; 5.3.1.1. Construct public and boarding schools for girls all over the country;5.3.1.2. Establish technical and vocational training centers in all the states and administrative areas;5.3.1.3. Provide fair and equal distribution of scholarships to all students from all states;5.3.1.4. Provide free education for children of martyrs all the way from primaries to university levels;5.3.1.5. Establish Reformatory Schools for demobilized children, child soldiers and homeless children;5.3.1.6. Introduce regional transfers for teachers from one region to another; and,5.3.1.7. Construct public and boarding schools for girls all over the country.
Development and Promotion of Agriculture5.4. The Conference resolves that the government shall:5.4.1. establish agricultural research and extension services; and, 5.4.2. establish national seed banks to protect indigenous seeds and distribute seeds to farmers across the country to boost local production;
Housing5.5. The Conference resolves that the government shall provide decent and low-cost housing to needy families especially families of martyrs;
Social Security Fund 5.6. The Conference resolves that the government shall establish social security fund.
Graveyards and Cemeteries5.7. The Conference resolves that the state and national governments shall establish graveyards and cemeteries, including a military cemetery in all major towns and counties.
Instituting Birth Registration6.1. The Conference resolves that every child born in South Sudan shall be registered at birth.
7. Social Cohesion
The Conference resolves:
Family Law and Child Protection7.1. That the government shall enact a family law.7.2. To robustly enforce of the Child Protection Act, 2008.
Child Abduction7.3. The Conference resolves to criminalize child abduction.
People with Disabilities and Special Needs7.4. The Conference resolves that:7.5. People with disabilities and special needs as well as their dependents shall receive free education from primary to university level;7.6. The government shall support the establishment of a Commission for people with disabilities;7.7. The government shall train persons with disabilities and special needs with the view to giving them skills that would enable them to generate income and encourage self-reliance;7.8. The Government of South Sudan shall ensure that persons with disabilities receive free land at all levels of government;7.9. The government shall initiate agricultural projects across the country for people with disabilities;7.10. The Government of South Sudan shall recruit teachers for purposes of providing an education to persons with disabilities and special needs throughout the country;7.11. The government shall provide business loans to persons with disabilities and special needs;7.12. The Government of South Sudan shall pass a piece of legislation to ensure that persons with disabilities have access to buildings and facilities such as offices, hospitals, schools, airports, and public transportation structures;7.13. The Government shall consider mass recruitment of sign language interpreters in all public programs and institutions such as TV, hospitals, police stations, schools, courts, and government offices, etc.;7.14. Any form of discrimination against persons with disabilities and special needs on the basis of their disabilities or special needs should be punished by law;7.15. The government shall ratify the UN convention on equalization of opportunities for persons with disabilities; and,7.16. Representation of persons with disabilities and special needs shall be guaranteed by 5% affirmative action at all levels of government.7.2. Peaceful Co-existence and Intercommunal Dialogue
The Conference resolves that:7.2.1. Proposes the promotion of Annual Cultural shows for all nationalities to promote national diversity; and,7.2.2. Encourages intercommunal dialogues and peace treaties that promote co-existence and commit all communities to peace and refrain from violence.7.3. Propaganda and Hate Speech
The Conference resolves that:7.3.1. Hate speech is a criminal offense;7.3.2. The Government shall enact laws to punish negative propaganda.7.3.3. The Churches and media shall avoid statements with political undertones as that may incite violence;7.3.4. The Youths shall be trained in peacebuilding, sports and other productive activities;7.4. Regulating Movement of Cattle in Farming Communities
The Conference resolves that:7.4.1. Cattle herders shall respect the Presidential Order relating to moving away from Equatoria; and,7.4.2. Land owners whose farms and properties are destroyed by cattle and cattle keepers be compensated.7.5. Historical and Natural Sites, Museums and Archives
The Conference resolves that:7.5.1. The Government shall preserve and promote historical and natural sites;7.5.2. The government shall build a museum in all states;7.5.3. The government shall set up an archeological department to promote archeological studies;7.5.4. The government shall establish a committee to verify the presence of South Sudan’s artefacts or archival materials in other countries such as the United Kingdom, Egypt, Turkey and the Sudan; and,7.5.5. The government shall train personnel in the issues of museum and artefacts.7.6. National Truth, Healing and Reconciliation
The Conference resolves that:7.6.1 The government shall expedite the enactment of legislation on the establishment of truth; healing and reconciliation commission; and,7.6.2 Whoever occupies anyone else’s property extrajudicially shall vacate such a property; 7.6.3 The government shall establishment land dispute tribunal;7.7. Care for the Vulnerable Groups
The Conference resolves:7.7.1. The establishment of education centre for homeless children and orphans;7.7.2. There shall be compensation for the wounded heroes;7.7.3. That the Government shall allocate land to war windows; and7.7.4. setting up of special funds to help senior citizens; and,7.8. Repatriation, Reintegration, Rehabilitation, Resettlement and Reconstruction
The Conference resolves that:7.8.1. the government and political leaders to undertake repatriation prior to the end of the Transitional Period; 7.8.2. The Government shall provide compensation to those whose homes and properties were destroyed during the war;7.8.3. The government shall allocate lands for the returnees and avail construction materials for them;7.8.4. The government shall address land disputes before repatriating people back to the community of their origins;7.8.5. The government shall construct temporary shelters for those who have no immediate place to return; and,7.8.6. The government and international partners shall support refugees for two years after their return.Chapter III Schedule for the Implementation of SSND Resolutions
In light of this broad mandate, the implementation framework logically connects the resolutions of the National Conference to each of these objectives. Once the resolutions are connected to the mandate, they are then linked to the proposals and structures being recommended, which have specific timelines for which they will be carried out as well as the responsible person or entity to hold and report on the mandate. Attempts are then made to link the whole framework to the Agreement on the Resolution of Conflict in South Sudan (R-ARCSS), which the National Dialogue is mandated to expand. Some of the resolutions are then fed into national processes mandated by the Agreement such as the constitutional making process.
| S. No | Reference Article | Activities to be carried out | Responsible bodies | Time Frame |
| 1 | 1.0 | System and Form of Government | ||
| 2 | 1.1 | State structure | ||
| 3 | 1.1.1 | Two-tier federal structure (federal and states) | ||
| 4 | 1.1.2 | Branches of government (executive, legislature, and judiciary) | ||
| 5 | 1.1.3 | States to establish local governments | ||
| 6 | 1.1.4 | Limit to the federal powers | ||
| 7 | 1.2 | Number of States | ||
| 8 | 1.2.1 | The conference resolve to establish …states in South Sudan | ||
| 9 | 1.2.2 | Territory size and population are the basis of the creation of states | ||
| 10 | 1.3 | Federal competencies | ||
| 11 | 1.3.1 | Establishment of states | ||
| 12 | 1.3.2 | Foreign policy | ||
| 13 | 1.3.3 | Defense | ||
| 14 | 1.3.4 | Banking and financial institutions regulation | ||
| 15 | 1.3.5 | Provision of postal services and telecommunication | ||
| 16 | 1.3.6 | Provision of national universities and research institutions | ||
| 17 | 1.3.7 | Development of primary and secondary education curriculum | ||
| 18 | 1.3.8 | Establishment of national hospitals and health centers | ||
| 19 | 1.3.9 | Construction and management of national transportation network | ||
| 20 | 1.3.10 | Establishment and conduct of inter-state trade | ||
| 21 | 1.4 | States Competences | ||
| 22 | 1.4.1 | Establish of local government at the counties, payams and bomas | ||
| 23 | 1.4.2 | Construction of feeder roads, airstrips, dikes, water catchments | ||
| 24 | 1.4.3 | Establishment of state police | ||
| 25 | 1.4.4 | Provision of secondary, primary, nursery and technical education | ||
| 26 | 1.4.5 | Provision of health services | ||
| 27 | 1.5 | Respect to the Principles of Constitutionalism | ||
| 28 | 1.5.1 | Strict respect for constitutionalism and the principles of separation of powers among three arms of government | ||
| 29 | 1.6 | Vetting of Presidential Appointees | ||
| 30 | 1.6.1 | Parliament to vet and confirm all presidential appointees | ||
| 31 | 2.0 | System of Government | ||
| 32 | 2.1 | Presidential System | ||
| 33 | 2.1.1 | Resolved to adopt a presidential system of governance | ||
| 34 | 2.1.2 | Equatoria Regional Conference call for the rotation of presidency among the three regions of Bahr el Ghazal, Equatoria and Upper Nile | ||
| 35 | 2.1.3 | Bahr el Ghazal and Upper Nile conferences were silent on rotation of presidency | ||
| 36 | 2.1.4 | No member of parliament shall serve in the executive; any member of parliament appointed to an executive position must resign from parliament and be replaced through by-elections; | ||
| 37 | 2.1.5 | Calls for strengthening of technical capacity of the Legislature; | ||
| 38 | 2.1.6 | All the three conferences call for strong enforcement of affirmative action to enable full participation of women, youth and people with special needs in governance. | ||
| 39 | 2.2 | Term Limit | ||
| 40 | 2.2.1 | All the three conferences resolved that a president can serve for two consecutive terms of office and will not be eligible to contest for a third term; | ||
| 41 | 2.2.2 | Bahr el Ghazal and Upper Nile conferences resolved that each term shall be five years | ||
| 42 | 2.2.3 | The Equatoria conferences set each term to four years; | ||
| 43 | 2.2.4 | A governor can serve for two consecutive terms of office and will not be eligible to contest for a third term | ||
| 44 | 2.2.5 | There is no term limit for a commissioner or a mayor | ||
| 45 | 2.2.6 | There is no term limit for members of parliament. | ||
| 46 | 2.3 | The start of the term limit | ||
| 47 | 2.3.1 | Bahr el Ghazal and Equatoria conferences resolved that the term limit will apply starting in the next elections | ||
| 48 | 2.3.2 | Upper Nile Conference resolved that the 2010 elections for the incumbent should be considered the first term and the next elections would be considered the last term. | ||
| 49 | 2.4 | Constitutional Court | ||
| 50 | 2.4.1 | The conferences resolved that there shall be established a constitutional court | ||
| 51 | 2.4.2 | The conferences recommended that the President should only appoint judges who have been recommended by the Judicial Service Commission; | ||
| 52 | 2.5 | Transfer of Power | ||
| 53 | 2.5.1 | Democratic elections | ||
| 54 | 2.5.1.1 | Power is to be transferred through democratic elections where all registered political parties can participate with full protections of the laws concerning political parties and national elections | ||
| 55 | 2.5.2 | National Elections | ||
| 56 | 2.5.2.1 | National elections should be carried out by the independent electoral Commission as stipulated in R-ARCSS | ||
| 57 | 2.5.2.2 | All registered political parties should participate in national elections | ||
| 58 | 2.5.3 | State Elections | ||
| 59 | 2.5.3.1 | State Electoral Commission will conduct state elections | ||
| 60 | 2.5.3.2 | All registered political parties in the state can contest state elections | ||
| 61 | 2.5.4 | Local Elections | ||
| 62 | 2.5.4.1 | County Electoral Commission will conduct county elections | ||
| 63 | 2.5.4.2 | All registered political parties can compete for county elections | ||
| 64 | 2.5.5 | Political parties Elections | ||
| 65 | 2.5.5.1 | All political Parties should embrace democratic transfer of power | ||
| 66 | 2.5.5.2 | Political parties should organize public party elections and should ensure transparency and credibility of their election processes | ||
| 67 | 2.6 | Governors and Commissioners Rotation | ||
| 68 | 2.6.1 | The Upper Nile Regional Conference recommends that commissioners and governors should be rotated nationally, and they do not have to serve in their states or counties of origin. | ||
| 69 | 2.7 | Power Sharing: | ||
| 70 | 2.7.1 | All South Sudanese should participate equally in all institutions of governance including key Ministries and there should be consideration for regional, ethnic, gender and minority rights in power sharing. | ||
| 71 | 2.7.1.1 | Federal and states | ||
| 72 | 2.7.1.1.1 | National and State governments should observe strict adherence to constitutional separation of powers between the two levels of the federal arrangement | ||
| 73 | 2.7.1.1.2 | Ensure constitutional separation of powers among the three branches of government (Executive, Legislature and Judiciary) | ||
| 74 | 2.7.1.2 | State—local governments including considerations for traditional leaders | ||
| 75 | 2.7.1.2.1 | State government should ensure strict adherence to constitutional separation of powers between the state and local governments | ||
| 76 | 2.7.1.2.2 | Ensures constitutional separation of powers among the three branches (Executive, Legislature and Council of Traditional Authorities) | ||
| 77 | 2.7.1.3 | Political parties | ||
| 78 | 2.7.1.3.1 | Political parties should adopt a system of sharing in the governance of the country through a formula that allocate certain percentages to losers (political parties) of a democratic election | ||
| 79 | 2.7.1.4 | Gender considerations | ||
| 80 | 2.7.1.4.1 | Women and Youth representations in all governance in the country should be a factor in power sharing | ||
| 81 | 2.7.1.4.2 | All R-ARCSS provisions on sharing of power concerning women and youth must be implemented in good faith | ||
| 82 | 2.7.1.5 | Ethnic minority considerations | ||
| 83 | 2.7.1.5.1 | A Ministry of Minority should be established or use the current Ministry of Peace in the revitalized peace agreement (R-ARCISS) and the role of peace relegated to the Peace Commission | ||
| 84 | 2.7.1.5.2 | Regional, ethnic, gender and minority rights should be factors in power sharing in the governance of the country. | ||
| 85 | 2.7.1.6 | Position of traditional leadership and customary system | ||
| 86 | 2.7.1.6.1 | Three Conferences recommend that powers of traditional leaders should be re-instated; | ||
| 87 | 2.7.1.6.2 | That Local Government Act 2009 should be reviewed with the intention of giving more powers to the chiefs and it should be implemented fully. | ||
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| 89 | ||||
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