A/HRC/40/CRP.1
transporting crude oil through the 1,600 kilometres oil pipeline running from the north of the
country to Port Sudan, on the Red Sea.977
These payments were only agreed after talks between the two countries broke down
in January 2012, at which point South Sudan completely shut down its oil production, an
ostensibly rash move which seriously damaged both its economy as well as its existing oil
infrastructure. The situation was only resolved with the signing of the Cooperation
Agreement in September 2012, and oil production only resumed in April 2013.978 Meanwhile,
the newly agreed costs were fixed and not pegged to the international oil prices, which then
more than halved between 2012 and 2015.979 In 2017, the repayment schedule in the
agreement was reportedly renegotiated, taking into account lower oil prices. 980
While official oil revenue figures are reportedly not available, South Sudan’s gross
revenue was estimated to be USD $2.02 billion in 2017.981 The 2018/2019 budget notes that
net oil revenues “available for the budget were estimated at SSP 71.800 billion”. 982 As noted,
South Sudan currently produces only around 150,000 barrels of crude oil per day,983 of which
40 percent goes to operational costs (also known as ‘cost oil’). Of the remaining 90,000
barrels, 20 percent goes to the international companies in the oil joint ventures (see below),
leaving the government with the rest (e.g. 72,000 barrels). As a result, South Sudanese oil
sells for USD $5 less than on the international market. 984
The outbreak of armed conflict in late 2013 further disrupted oil production in South
Sudan as oil fields and installations were specifically targeted. South Sudan’s oil riches have
thus remained one of the drivers of armed conflict, and ensuing violations of human rights
and international humanitarian law. The Commission’s investigations in Unity State indicate
that the current conflict continues to center around the oil-producing area, with the same
ensuing adverse consequence and human rights violations that were seen in the period from
1985 to 2005.
In addition, as discussed above, a strong correlation has been found to exist between
the dependency of a country on exports of its commodities (in particular oil exports) and the
outbreak of armed conflict if deliberate interventions are not made to ensure stability. Whilst
some have expressed fears such a dependency could lead the South Sudan into a “vicious
cycle of conflict and macroeconomic instability” 985the country has an opportunity, through
the implementation of the R-ARCSS to develop a culture of political cooperation and sound
economic and resource management to overcome the spiral of violence and instability. This
would be in line with expert recommendations on redressing the ‘resource curse’, including
by increasing revenue transparency. 986
977
UN Security Council, Interim Report of the Panel of Experts on South Sudan, UN Doc No: S/2018/1049, 26 November 2018,
para. 69; Agreement between the Government of the Republic of South Sudan and the Government of Republic of Sudan on Oil
and Related Economic Matters, Article 4 (Financial Arrangements).
978 De Waal, A., “When Kleptocracy Becomes Insolvent: Brute Causes of the Civil War in South Sudan”, African Affairs, 113/452,
2014, pp. 362-365; Patey, L., The New Kings of Crude, China, India and the Global Struggle for Oil in Sudan and South Sudan,
2014, pp. 225-237.
979 The price of crude oil was at the ‘historically high levels’ of over USD 111 per barrel in 2011 and 2012. See United States Energy
Information Administration, 2012 Brief: Average 2012 crude oil prices remain near 2011 levels. By late 2014 the price was
under USD 30 per barrel. See The World Bank, South Sudan Poverty Profile, Findings from the 2015 wave of the High
Frequency South Sudan Survey, 22 November 2016, p. 7.
980 Al Jazeera, “South Sudan holds oil conference to boost industry”, 21 November 2018, retrieved at
https://www.youtube.com/watch?v=y1fWNR2CUZE&t=24s.
981 Bloomberg, “Peace at Last for South Sudan? That May Depend on the Price of Oil”, 17 October 2018.
982 Republic of South Sudan Transitional Government of National Unity, Budget Speech FY 2018/2019 Presented to Transitional
National Legislature by Honorable Savatore Garang Mabiordit, Minister of Finance & Planning, para. 28.
983 Presentation of Ezekiel Lol Gatkuoth, Africa Oil & Power Conference, Juba, November 2018; Al Jazeera, “South Sudan holds oil
conference to boost industry”, 21 November 2018.
984 Al Jazeera, “South Sudan holds oil conference to boost industry”, 21 November 2018.
985 Seik, Edris H. Kebret, Haile and Abdi, Ali Issa (2017), “The State of the Political Instability and Its Impact on Trade in South
Sudan: A Critical Assessment”, Unpublished paper by the Horn Economic and Social Policy Institute (HESPI), Addis Ababa,
Ethiopia, pp. 19-21.
986 Michael Ross, “The Natural Resource Curse: How Wealth can Make You Poor”, in: Ian Bannon and Paul Collier (Eds), Natural
Resources and Violent Conflict, Options and Actions, The World Bank, 2003.
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