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The committee maintains its current structure, with a president, and expands the presidency to accommodate two additional members from opposition groups that signed the Toumani Initiative.
The draft redefines the presidency as the national leadership body that provides leadership and guidance to the Joint Defence Council, the National Constitutional Review Commission, the National Electoral Commission, the Political Parties Council and other institutions related to the implementation of the Toumani Framework.
“The decision of the National Council (NLC) shall be final and shall not require the approval of the Cabinet or the Legislature. The decision of the National Council shall be taken by consensus and not by a two-thirds (2/3) majority vote,” the draft document obtained by Sudan Tribune reads in part.
On June 23, 2024, a high-level presidential source told Sudan Tribune that the draft was submitted to President Salva Kiir by the Minister of Information on June 20.
The President’s Office has not yet provided written comments and responses to the mediation team. The legal management department and special consultants will study them and make analysis and recommendations.
The draft, which was widely circulated on social media platforms run by supporters of the parties to the talks in the Kenyan capital Nairobi, outlines the structure of South Sudan’s new transitional government.
The 25-page document details an inclusive governance structure and the sharing of responsibilities between the government, the opposition and other stakeholders, covering areas such as executive responsibilities, the legislature, security, the constitutional process and election management.
Opposition groups include the South Sudan Opposition Movement Alliance (SSOMA) led by Generals Paul Malong and Pagan Amum, the South Sudan United National Alliance (SSUNA) led by General Stephen Buyi Rolnyyan, and the National Salvation Front-Revolutionary Command led by General Mario Loku Thomas. Other stakeholders include civil society, academia and religious groups.
All parties and stakeholders reaffirmed their commitment to transparent and accountable resource management and agreed to effectively manage all revenues and public resources.
The document indicates that the parties have agreed on areas of governance and responsibility-sharing, including justice sector reform, ceasefire, and security arrangements and reforms. The document talks about the reconstitution of the Strategic Defence and Security Review Committee (SDSR), which will be composed of representatives of armed opposition groups to develop and implement comprehensive security sector reforms, leading to the creation of a unified army and the reorganization of other organized forces.
The draft document shows that all parties agreed to revive, structure and restructure the National Constitution Review Commission (NCRC) to expand its membership and provide an all-inclusive constitutional commission.
The agreement states that all parties agreed to strengthen the inclusiveness of the constitution-making structure and process.
The agreement authorizes the NCRC to organize and facilitate a national constitutional conference in South Sudan, and the conference will be preceded by small consultative meetings in the region and abroad, facilitated by the Tumani Initiative and other partners.
“The mini-consultative assembly will provide South Sudanese living abroad with an opportunity to participate in the permanent constitution-making process,” the statement said.
Leadership Council
All parties and stakeholders agreed to form a National Leadership Committee (NLC) to serve as the national guarantor for the implementation of the Tumani Framework.
build confidence
The parties and stakeholders agreed to establish a High-Level Group of Regional Heads of State and Government, which will consist of Heads of State and Government from the region, whose duties and role will be to liaise with the National Leadership Council, monitor and oversee the agreement.
The draft states that the Toumani Framework will supersede all previously reached agreements on implementation plans, structures and processes that are inconsistent with the Framework’s roadmap.
According to the document, the transition period will ensure the completion of a national census, border demarcation, voter education and registration, finalization of the constitution and elections.
The document said the parties and stakeholders agreed to release political prisoners and detainees after signing the peace agreement and the government will take comprehensive measures to guarantee freedom of movement of political leaders in and outside South Sudan.
“The government should take immediate and strong measures to fully guarantee freedom of expression, including media freedom, and the right to access information under the law for all people in South Sudan, without exception,” the statement said.
The document also said, “Toumani Initiative parties and stakeholders should travel to Juba, South Sudan for a confidence-building visit and hold a joint public forum to jointly announce, publicize and commit to a roadmap for the implementation of the framework.”
Key institutions
Under the document, the parties and stakeholders committed to strengthening measures to reform the justice system, including the establishment of a Commission for Truth, Reconciliation, Healing and Reparations (CTRH) and a Reparations Authority (CRA) as a matter of priority.
Other institutions to be established include the Hybrid Court for South Sudan (HCSS) and the implementation of judicial reforms outlined in the 2018 peace agreement.
On June 19, 2024, First Vice President Riek Machar protested the way the mediation team organized the draft, saying it deviated from its mandate and undermined key aspects of the 2018 revitalized peace agreement.
In a protest letter to the chief mediator of the Kenya-led talks, opposition leaders expressed concern that the draft established alternative institutions to replace or run parallel to those established in previous peace deals.
Machar believes that the peace talks currently underway in Kenya should supplement the original agreement rather than overturn it.
Opposition leaders signed a deal with Kiir in 2018 to end five years of civil war that has caused loss of life, destruction and displacement.
According to the agreement, Machar was appointed first vice president and assigned some representatives in the cabinet to form a national unity government.
(English stone)
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