What is the Roadmap?
There are concerns about what will happen after the Revitalized Agreement for the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) ends in February 2023. Due to the limited time available, it is not possible to hold general elections before the end of the R-ARCSS period. To address this issue, the President has established a four-member committee to propose a plan for the post-R-ARCSS period. Following the committee’s recommendation, President Salva Kiir and First Vice President Dr Riek Machar have agreed to extend the R-ARCSS transition period. This agreement was presented to some of the signatories of the R-ARCSS, who then decided to extend the agreement’s duration by 24 months. However, the decision to make amendments to the agreement was made without the participation of the National Alliance of Political Parties, who are also signatories to the agreement. Surprisingly, someone who is not a member of the National Alliance was made to sign on their behalf.
The amendment to the Agreement appears to infringe upon Article 8.4, which stipulates that any changes to the revived Agreement must be approved by at least two-thirds of the Council of Ministers of the RTGONU, along with two-thirds of the voting members of the revived Joint Monitoring and Evaluation Commission. Following such approval, ratification by the National Transitional Legislature is also necessary. The failure of the National Alliance to participate in the decision to amend the R-ARCSS and extend its term not only breaches the Agreement but also ignores the legal requirements outlined in Article 8.4. If the R-ARCSS is not implemented before the end of the transition period, a constitutional crisis of unpredictable magnitude could arise. To prevent this, the parties must agree on a roadmap that adheres to the Agreement and avoids any violations. The current situation is critical, as many of the crucial articles within the R-ARCSS have yet to be put into effect, and the expiration of the Agreement is imminent.
The R-TGONU approved an extension of their term without understanding why certain articles of the agreement have not been implemented. It is not enough to simply claim that these articles have not been implemented for “real” reasons. It is crucial to understand the actual reasons behind the lack of implementation over the past four years since the agreement was signed. Without this understanding, the same mistakes may occur again, resulting in the extension efforts being futile, much like the past four years. It is important to remind the South Sudanese people and the world of President Salva Kiir’s repeated statement that the revived agreement was not intended to be implemented, even by those who negotiated it. The President has not changed this statement at any point.
If someone believes that the R-ARCSS cannot be implemented because that was not the intention, then why should the period of the R-ARCSS be extended? Extending the period to implement the remaining critical articles would make it impossible to implement them. It would be best to let the R-ARCSS expire peacefully instead of extending it “peacefully” as stated in the signed roadmap document. We believe that the signatory parties can democratically find a way forward without intimidation and/or coercion that they all agree to. In that case, the signatory parties to the R-ARCSS will need to seek and agree on an alternative roadmap for the period after the agreement expires. The current extension was reached in an undemocratic manner and in violation of the R-ARCSS. The Presidency formed a four-member committee that excluded the other signatory parties to the Agreement, which violates Article 8.4 of the Agreement since the committee was formed by a signatory party to the Agreement.
It’s important to understand that extending the life of R-ARCSS transition and extending R-TGONU are two separate matters. The extension of R-TGONU comes after the extension of the life of R-ARCSS. It’s possible to extend the life of R-ARCSS and agree upon a caretaker government. People who support the extension due to non-implementation and blame the lack of financial resources are mistaken, as South Sudan’s R-TGONU has received billions of dollars, as evidenced by the government’s extravagant expenditures on luxury items and non-essential projects. There have been several extensions, including ARCSS, the pre-transitional period of R-ARCSS, and now with R-ARCSS itself.
The granting of extensions is proof of failure to fulfil the Agreement’s goals of achieving total peace and enabling displaced persons and refugees to return and resettle in their homes. This should be achieved through the completion of the constitution-making process and the holding of fair, free, credible, and transparent general elections. Unfortunately, extensions are causing immense suffering for the people of South Sudan on a daily basis.
Regarding the next steps after the conclusion of R-ARCSS, we suggest the following options: The ultimate goal of all interim governments is to finalize the remaining provisions of R-ARCSS and ultimately lead to the organization of just, equitable, trustworthy, and open general elections at the end of the extended transitional phase, thus establishing peace and security for the people of South Sudan.
1. Formation of a technocrats care-taker government with an agreed mandate by the Party signatory to the Agreement;
2. Formation of a hybrid care-taker government with an agreed mandate by the Party signatory;
3. Formation of a caretaker government of the Parties signatory having a specific mandate they agree to.
The majority of Parties signatory to the Agreement have signed the road map, which we did not sign. However, for the sake of unity and working together, we will accept and sign the document on the road map. Our hope is that the Party’s signatories will recommit themselves to fully implementing the agreement in both letter and spirit. This recommitment should be codified, with punitive action agreed upon in the event of deviation from it. Guarantors should follow up on the implementation matrix to ensure positive results that can be verified. They should also have the power to pressure parties who deviate from the road map to return to the track. Mechanisms created under R- ARCSS, like R-JMEC and CTSAMVM, should be empowered to reprimand parties who violate the R- ARCSS or obstruct its implementation. By implementing R-ARCSS in letter and spirit, we can help South Sudanese overcome their multiple sufferings.
Thank you.
Central Secretariat
Communist Party of South Sudan