A/HRC/40/CRP.1
of the RTGoNU and its activities must start within a month thereafter 41 while the
Compensation and Reparation Authority must be established within six months of the start
of the Transitional period, which starts eight months after the signing of the R-ARSS.42 As
was the case in the ARCSS,43 no deadline is specified in the R-ARCSS for the establishment
of the Hybrid Court; however, the Implementation Matrix provides that legislation to
establish the Hybrid Court must be initiated within three months of the establishment of the
RTGoNU and that the Hybrid Court should be established after the enactment of the
legislation.44
Unsurprisingly, South Sudanese reception of the R-ARCSS has been at once hopeful
and tentative in light of previous experiences. In a survey conducted by the South Sudan Civil
Society Forum in October and November 2018, less than half those surveyed thought the RARCSS would bring lasting peace, while just over a third considered that it might.45 Indeed,
only a small majority thought that the government and opposition leaders would be able to
work together.46 These views were reflected by many with whom the Commission spoke.
IV.
Current Context
A. Political and Security Context
1.
Implementation of the Revitalised Peace Agreement
Implementation of the R-ARCSS has been progressing with the establishment of the
various institutions and mechanisms provided for in the Agreement and the nomination of
representatives to them. Even as some progress is being made, each monthly report by JMEC
on the implementation of the Agreement, has noted that many of the ambitious deadlines set
out in the R-ARCSS have been missed.47 With South Sudan’s struggling economy, the
expectation that the significant projected costs of implementing the Agreement will readily
be met by international financing is unrealistic due to the continuing wariness of donors.48 At
a more profound level, the parties started from a position of a near complete lack of trust and
this remains a major impediment to the timely implementation of the Agreement and has the
very real potential to derail the fragile peace.
On 25 September 2018, President Kiir appointed the National Pre-Transitional
Committee (NPTC) which is entrusted with the function of oversight and coordination of the
implementation of the activities of the Pre-Transitional Period collaboration with the
Incumbent TGoNU.49 Since then, the NPTC has met on 21 and 22 October in Khartoum to
establish a roadmap for implementation. 50 The NPTC has subsequently met regularly in Juba,
with participation of all 10 of its members, and has set up its secretariat and its five sub-
41
R-ARCSS, Article 5.2.1.2,
R-ARCSS, Article 5.4.1.
43 ARCSS, Article 5.3.
44 R-ARCSS, Article 5.3, Annex D: Implementation Matrix.
45 South Sudan Civil Society Forum, “Revitalizing Peace in South Sudan: Citizen Perceptions of the Peace Process”, November
2018. The survey was conducted in South Sudan in Bentiu, Bor, Juba, Torit and Wau, and Kiryandongo refugee camp in Uganda
and surveyed 1,147 people in October and November 2018.
46 South Sudan Civil Society Forum, “Revitalizing Peace in South Sudan: Citizen Perceptions of the Peace Process”, November
2018.
47 R-JMEC, Status of implementation of the R-ARCSS 2018, 28 September 2018; R-JMEC, Progress Report No. 2: Status of
implementation of the R-ARCSS 2018, 12 October 2018; R-JMEC, Progress Report No. 3 on the Implementation Status of the RARCSS 2018, 5 November 2018; R-JMEC, Progress Report No. 4 on the Implementation Status of the R-ARCSS 2018, 10
December 2018.
48 Confidential Meeting, Juba, 15 December 2018; CTSAMVM, Technical Committee Sixth Meeting Minutes, 18-19 December 2018,
p. 4; JMEC, Progress Report No. 4: On the Status of Implementation of the R-ARCSS 2018, 10 December 2018; CTSAMVM,
Technical Committee Meeting Minutes No. 7, 16-19 January 2019.
49 Republican Order No. 16/2018 Formation of the National Pre-Transitional Committee, 25 September 2018. See R-ARCSS, Article
1.4.7.
50 R-JMEC, Progress Report No. 3 on the Implementation Status of the R-ARCSS 2018, 5 November 2018.
42
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