A/HRC/40/CRP.1 2015 ARCSS in its entirety.30 The Transitional National Legislative Assembly ratified the RARCSS on 15 October 2018.31 However, some members of the SSOA, including the NAS led by Thomas Cirillo Swaka, Pagan A. Oketch, the PDM chaired by Hakim Dario, the NDM led by Emanuel Aban, and the UDRA of Gatwech K. Thich declined to sign the agreement.32 The R-ARCSS sets out a pre-transitional period of eight months and a transitional period of 36 months, at the end of which national elections will be held.33 The pre-transitional period is five months longer than in the ARCSS and has a new National Pre-Transitional Period Committee to coordinate activities including, importantly, the cantonment of forces, the implementation of key security provisions and the building of trust. The Revitalised Transitional Government of National Unity (RTGoNU) will be composed of Salva Kiir as President, Riek Machar as First Vice President and a further four Vice Presidents divided between the TGoNU (two nominations), the SSOA (one nomination) and the Former Detainees (one nomination who shall be a woman), each with their own defined areas of responsibility.34 It will further comprise a Council of Ministers with 35 ministries and a Transitional Legislature with 550 members divided between the signatory parties. 35 This expansion in the number of Vice-Presidents, Ministers and Members of Parliament reflects the fragmentation that occurred since the last agreement resulting in a larger number of groups needing to be brought into the agreement as well as the unwillingness of the Government to retire or redeploy any existing members of the executive or legislature. The parties agreed to canton their forces within 30 days of the agreement and to build a unified national army, police, national security service, and other organized forces before the end of the transitional period and a establish a DDR programme for those ineligible personnel.36 In light of an inability to resolve one of the most controversial questions during negotiations, an Independent Boundary Commission (IBC) was to be established to consider the issue of the number of States, their boundaries and restructuring and adopt a final report by at least seven of its 15 members within 90 days. 37 The Council of States will be reconstituted on the basis of the report. If the IBC fails to issue a final report within 90 days, the issue of the number and boundaries of the States will automatically move to a referendum to be held before the end of the Pre-Transitional Period. As described below, a second body, the Technical Boundary Committee (TBC), is also to be established to define and demarcate the tribal areas of South Sudan as they stood on 1 January 1956, 38 and the tribal areas in dispute in the country. The TBC will finish its work within 60 days and its report will inform the work and conclusions of the IBC.39 Beyond the chapters dealing with governance, security and the number of states, the remaining chapters of the R-ARCSS remain largely unchanged from the 2015 ARCSS beyond changes to composition and, crucially, timelines for the implementation of the obligations.40 This includes chapters relating to humanitarian assistance and reconstruction; resource, economic and financial management; transitional justice; and the parameters of the creation of the permanent constitution. One direct consequence of the repeal and supersession of the ARCSS is that the timelines for implementing the transitional justice mechanisms in Chapter V will now be delayed. Under the R-ARCSS, legislation to establish the Commission for Truth and Reconciliation and Healing must be promulgated within three months of the establishment 30 R-ARCSS, Article 8.1. JMEC, Progress Report No. 3 on the Implementation Status of the R-ARCSS 2018, 5 November 2018. 32 Sudan Tribune, “SSOA holdout groups voice rejection of South Sudan’s Revitalised peace”, 15 September 2018. 33 R-ARCSS, Article 1.1. 34 R-ARCSS, Articles 1.5-1.9. 35 R-ARCSS, Articles 1.10, 1.14. 36 R-ARCSS, Articles 2.2-2.3. 37 R-ARCSS, Article 1.15. 38 The date of Sudan’s Independence and the confirmation of administrative boundaries. 39 R-ARCSS, Article 1.15. 40 For a comprehensive comparison of the 2015 ARCSS and the 2018 R-ARCSS, see Malish John Peter, “A second Chance to Deliver Peace Through Power Sharing: A Comparative Analysis of South Sudan Peace Agreements”, Institute of Social Policy and Research, 15 October 2018. 31 15

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