A/HRC/40/CRP.1
By January 2019, mid-way through the Pre-Transition period, the IBC had not been
established because, while the national members had been nominated, the international
members had not.927 This, despite R-JMEC reporting in November 2018, that IGAD was
expected to secure the services of experts to begin work on the IBC and TBC “in the coming
weeks”.928 The TBC held its inaugural meeting in Juba on 6 December 2018 to discuss the
terms of reference and Rules of procedure of the TBC and started its work in January 2019.929
R-JMEC indicated after the first meeting in December that the TBC would have the full two
months to complete its work, running from the date of its initial meeting.930
In spite of the importance of resolving this divisive issue in an inclusive manner, a
survey conducted in October and November 2018 by the South Sudan Civil Society Forum
of 1,147 respondents found that more than a third of respondents did not know that the RARCSS addressed the issue of the number of states.931 Furthermore, some of those with whom
the Commission spoke expressed a lack of confidence that the IBC process would be
respected.932 To address these issues, both in respect of the states issue and the R-ARCSS
more broadly, dissemination of the R-ARCSS is one of the key activities to be undertaken
during the Pre-Transitional period and is the responsibility of all Parties.933 Pursuant to this,
the National Pre-Transitional Committee has established a Dissemination and Advocacy
unit.934 Civil society, community leaders, media, R-JMEC, CTSAMVM, UNMISS and
international actors have also been engaging in dissemination activities at many levels both
within South Sudan and in the refugee camps.935 For example, the Community Empowerment
for Progress Organization (CEPO) reported in November 2018 that 25 workshops
disseminating the R-ARCSS had been conducted for 1,600 civilians and security forces in
South Sudan.936
However, this lack of awareness of and confidence in the process for determining the
number of states highlights a challenge for the chosen mechanism as the issue of how to
define the country’s internal boundaries has a very real impact for communities and,
therefore, for any outcome to be acceptable, the process to reach the consensus will need to
have been transparent and consultative. The determination of the number and boundary of
states is not only a technical issue but an intensely political one, in which communities are
highly invested.937 With a mere three months to complete its work, the Independent Boundary
Commission faces a challenge to ensure that it genuinely engages with affected communities
and takes on board their concerns. Although there are explicit no provisions requiring
consultation or inclusion, because of the nature of the mandate, both the TBC and the IBC
have an obligation to elicit and taken into account the views and concerns of affected
927
R-JMEC, Progress Report No. 3: on the Implementation Status of the R-ARCSS 2018, 5 November 2018. See also Eye Radio,
SPLM-IO rep calls for establishment of Boundaries Commission. 13 November 2018; R-JMEC, Resolutions of the 3rd R-JMEC
Plenary, Juba, 23 January 2019.
928 R-JMEC, Progress Report No. 3: on the Implementation Status of the R-ARCSS 2018, 5 November 2018. See also Eye Radio,
SPLM-IO rep calls for establishment of Boundaries Commission. 13 November 2018.
929 R-JMEC, The Technical Boundaries Committee (TBC) has on Thursday held its inaugural meeting in the South Sudan capital,
Juba, 6 December 2018; R-JMEC, Progress Report No. 4: on the Status of Implementation of the R-ARCSS, 10 December 2018;
R-JMEC, Resolutions of the 3rd R-JMEC Plenary, Juba, 23 January 2019.
930 R-JMEC, The Technical Boundaries Committee (TBC) has on Thursday held its inaugural meeting in the South Sudan capital,
Juba, 6 December 2018.
931 South Sudan Civil Society Forum, “Revitalizing Peace in South Sudan: Citizen Perceptions of the Peace Process”, November
2018.
932 Confidential Meeting, Kampala, 18 December 2018; Confidential Meeting, Kampala, 19 December 2018.
933 R-ARCSS, Articles 1.4.3.1, 2.1.3.
934 CEPO, “Oversight observation report on the Revitalized Agreement on Resolution of the Conflict in South Sudan”, 30 November
2018.
935 See e.g., Confidential Meeting, Kiryandongo, 17 December 2018; Confidential Meeting, Kampala, 18 December 2018; UNHCR
and Sudan Commission of Refugees, Summary Conclusions on the Dissemination of the Revitalized Agreement on the Resolution
of the Conflict in the Republic of South Sudan (R-ARCSS) for Refugees, 4 September 2018; UNMISS, Bentiu residents pledge to
disseminate the revitalised peace agreement, 1 October 2018; UNMISS, SSBC journalists vow to disseminate peace agreement
and 'expose spoilers of peace to the public’, 22 November 2018; Sudan Tribune, “SPLA-IO disseminates peace agreement
among fighters in S. Sudan’s Bieh”, 4 October 2018; Radio Tamazuj, “South Sudan civil society groups preach peace in
Uganda”, 21 January 2019.
936 CEPO, “Oversight observation report on the Revitalized Agreement on Resolution of the Conflict in South Sudan”, 30 November
2018.
937 Douglas Johnson et al., “After the Khartoum Agreement: Boundary Making and the 32 States in South Sudan”, Rift Valley
Institute, October 2018.
122
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents