A/HRC/40/CRP.1
The reservations of the Government and its delay in signing the ARCSS strongly
suggested that it had little intention of implementing the full accord. The Government’s
subsequent actions, including the pursuit of then-First Vice President Riek Machar across the
country, and the establishment of new states in contravention of the terms of the ARCSS,
evidenced a lack of political interest in honouring the agreement. However, despite the
expulsion of then-First Vice President Riek Machar (and his subsequent confinement to
South Africa) or the Government’s attempt to project the continuity of the ARCSS through
the elevation of Taban Deng Gai as First Vice President in place of Riek Machar, the country
continued to fracture, with new fault lines appearing, particularly alienating Equatorian and
communities other than the Nuer and Dinka. As the conflicts continued and spread, it became
increasingly untenable to maintain that the implementation of the ARCSS was on track, or
that the TGoNU was indeed a definitive power-sharing arrangement between political
adversaries. It became apparent to the Intergovernmental Authority on Development (IGAD)
that another intervention was needed to salvage the process in which the international
community and the region had invested so much.
C. High Level Revitalization Forum
Concerned at the prospect of a moribund transition, and the continuing violence and
humanitarian crisis, in June 2017, the IGAD Summit of Council of Ministers decided to
launch a High Level Revitalization Forum (HLRF) to bring together the parties to the ARCSS
and other estranged parties to try to revitalize the peace agreement in what is seen by many
as an attempt to restore the peace process and a genuine transition in South Sudan.
1.
Agreement of Cessassion of Hostilities, December 2017
The first phase of the HRLF was held in Addis Ababa, Ethiopia from 18 to
21 December 2017 and resulted in the Government, the SPLA-IO (RM) and several armed
groups signing of the Agreement on Cessation of Hostilities, Protection of Civilians and
Humanitarian Access (CoHA) on 17 December 2017.14
The CoHA went into effect on 24 December 2017, requiring all forces to
“immediately freeze in their locations”, halt actions that could lead to confrontation and
release political detainees, in addition to taking specific measures to protect vulnerable
persons including children, women, girls, the elderly, and persons with disabilities or special
needs; support and facilitate the reunion of families and the decent burial and
memorialization of the dead; facilitate the free movement of persons, including women and
girls; and ensure protection of media and civil society. 15
Under the CoHA, particular violations of human rights law and international
humanitarian law were highlighted and provision was made for monitoring compliance. The
obligation on the parties to prevent, investigate and ensure accountability for breaches of the
Agreement does not preclude investigations and punishment by any other entities. 16
Former First Vice President Riek Machar,17 who had remained in South Africa during
these negotiations, but whose delegation was the key opposition group in the negotiations,
ordered his forces to cease all hostilities but at the same time maintained the right to act in
self-defence and released a statement to that effect on 22 December 2017.18 All parties to the
conflict have relied on similar language to justify ongoing attacks and continued violations
14
African Union, Report of the Peace and Security Council on its Activities and the State of Peace and Security in Africa, AU Doc.
Assembly/AU/6(XXX), 30th Ordinary Session of the Assembly, 28- 29 January 2018, Addis Ababa, Ethiopia, paras. 26, 27;
Armed groups consist of the National Salvation Front (NAS); the National Democratic Movement (NDM); the Federal
Democratic Party/South Sudan Armed Forces (FDP/SSAF); the South Sudan National Movement for Change (SSNMC); the
South Sudan United Movement/Army (SSUM/A); the South Sudan Liberation Movement/Army (SSLM/A); the South Sudan
Patriotic Movement/Army (SSPM/A).
15 IGAD, Cessation of Hostilities Agreement, 21 December 2017.
16 IGAD, Cessation of Hostilities Agreement, 21 December 2017, Article 12 “Accountability for Any Violations”.
17 The Commission notes that while Riek Machar was replaced as First Vice President in July 2016, under the R-ARCSS (Article
1.5.1.2), he will resume the position of First Vice President during the Transition Period.
18 SPLA-IO, “Declaration of Cessation of Hostilities, Reference 001/12/2017”, ERN D104231-D104231. See also The Guardian,
“South Sudan’s Warring Parties Agree Ceasefire in Bid to End Four-year War”, 23 December 2017.
12
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