I. TRANSITIONAL GOVERNMENT OF NATIONAL UNITY (30 MONTHS)

 

Executive Structure: President (incumbent), First Vice President (selected by SPLM/A (IO)), Vice President (incumbent). For each of the positions, a replacement in the event of incapacitation or death shall be identified by the respective party.

Schedule of Powers: Clearly defined powers for the President, First Vice President, and Vice President, as well as joint President-First Vice President powers.   Breaking deadlocks on decisions related to the peace agreement or appointment of constitutional office holders requires a two thirds (67%) majority in the Council of Ministers.

Council of Ministers: 30 ministers in Governance, Economic, and Service Delivery clusters, apportioned as follows: 16 (53%) to the government, 10 (33%) to the SPLM/A (IO), 2 (7%) to Former Detainees, and 2 (7%) to Other Political Parties (the agreement includes a provision for determining what other political parties are eligible).  The agreement includes a rotational system for appointing ministers to ensure equity.

Legislature: 400 members, consisting of the 332 existing members and 68 additional members (50 nominated by the SPLM-IO, 17 nominated by Other Political Parties, and 1 by the Former Detainees).

Elections: Will take place 60 days before the end of the transition run by a reconstituted National Election Commission with assistance from the UN and AU.

State governments: Reconstitution of state governments with a power sharing ratio of 46% (government), 40% (SPLM/A (IO)), 7% (Former Detainees), and 7% (Other Political Parties) in Unity, Upper Nile, and Jonglei states.  In other states, the ratio will be 85% (government) and 15% (SPLM/A (IO)).

 

II. PERMANENT CEASEFIRE AND TRANSITIONAL SECURITY ARRANGEMENTS

 

Permanent Ceasefire: Establishes a ceasefire covering all of South Sudan, including cantonment of forces previously in combat, and establishes a ceasefire monitoring mechanism (the successor to the MVM).

Security Arrangements for Juba: Military forces other than Presidential Guards and limited soldiers to protect critical sites are to withdraw 25 km from the center of Juba.  Joint Integrated Police units will provide security in the capital.

Strategic Defense and Security Review (SDSR): A 6-month review process to decide on key security sector reforms and the size/composition of the armed forces, police, and other security agencies.

Unification of Forces: Phased creation of unified units, based upon the results of the SDSR process and ending within the first 18 months after the signing of the agreement.

 

III. HUMANITARIAN ASSISTANCE AND RECONSTRUCTION

 

Special Fund for Reconstruction: A dedicated fund ($100 million of government funds) to rebuild worst affected areas led by a coordinating body, which includes participation from national and state governments, key stakeholders, and international partners to determine priorities for reconstruction.  It is to be chaired by the international community.

 

IV. ECONOMIC AND FINANCIAL MANAGEMENT ARRANGEMENTS

 

Economic and Financial Management Authority: This steering committee, tasked with overseeing economic reforms, includes the president and first vice president, relevant ministries, the legislature, civil society, and business.  It has an advisory committee consisting of international financial institutions and regional economic organizations.

Public Financial Management Reforms: The agreement includes a wide range of commitments to economic reforms (including to debt management, contracting and concessions, anti-corruption efforts, revenue management, and budget execution) and re-forming major economic policy institutions.

 

V. TRANSITIONAL JUSTICE, ACCOUNTABILITY, HEALING, AND RECONCILIATION

 

Commission for Truth, Reconciliation, and Healing: An independent body tasked with establishing an impartial historical record of human rights violations and facilitating reconciliation and healing.

Hybrid Court for South Sudan: An independent judicial body for criminal accountability to be established by the AU Commission and tasked with prosecutions of those with the greatest responsibility for violations of international humanitarian law and war crimes.  The agreement stipulates that a majority of judges (and all prosecutors) will be non-South Sudanese Africans and allows for the AU Chairperson determine the seat of the court.

Compensation and Reparations Authority:  The TGoNU shall establish, by law, this authority within the first six months of the transition to provide material and financial support to those who have lost their property and livelihoods due to the conflict.

Eligibility: Individuals indicted or convicted by the HCSS must resign from government positions, are ineligible to serve in the transition, and are ineligible for future positions for a period of time to be determined by law.

 

VI. PERMANENT CONSTITUTION PROCESS

 

National Constitutional Review Commission: The agreement envisions a reconstituted National Constitutional Review Commission to draft the permanent constitution with extensive public consultation.

Timeline:  The agreement creates a timeline for the drafting and ratification of the constitution within the first 27 months of the transitional period. The National Assembly will be transformed into a Constituent Assembly to ratify the constitution.

 

VII. JOINT MONITORING AND EVALUATION COMMISSION

 

Joint Monitoring and Evaluation Commission (JMEC): Composed of the parties, key South Sudanese stakeholders, IGAD member states, the AU, and the broader international community, the JMEC will monitor the implementation of the agreement and key reforms.  The JMEC will be chaired by an eminent African and will report on implementation progress every 3 months to the AU Peace and Security Council, UN Security Council, IGAD, UN Secretary-General, AU Chairperson, and transitional government.  The Chair of JMEC may also report to those bodies at any time and recommend remedial actions in the event the agreement is not being implemented.