A/HRC/28/49
Development (IGAD)-mediated negotiations in Ethiopia concluded on 5 October 2014 after
exhaustive discussions between the parties on the form of the proposed transitional
government of national unity and the roles and responsibilities of participants in such a
government. While the President, Salva Kiir, and the rebel leader, Riek Machar, agreed to
form a transitional government of national unity in their 9 May cessation of hostilities
agreement, both have yet to make the compromises necessary for this to happen. Following
an IGAD Heads of State and Government summit in Addis Ababa in November, the parties
were granted 15 days to consult with their constituents on the structure of the transitional
government.
18.
On 24 November 2014, the Government organized a national delegates’ conference
in Juba to discuss the IGAD negotiations. The delegates concluded that executive power
during the transition period should consist of an executive president, a vice-president and a
non-executive prime minister. In early December, SPLM/A in Opposition organized its
consultative conference in Upper Nile State and affirmed that the transitional government
should have a president as the ceremonial head of State, and an executive prime minister.
As at December, there was still no agreement between the two parties on the composition
of a transitional government. The Government has affirmed its intention to proceed with
elections scheduled for June 2015 if there was a failure to reach a peace agreement.
19.
The parties opened a parallel negotiating track in Arusha, United Republic of
Tanzania, where an intra-SPLM dialogue was held from 12 to 18 October 2014. The
negotiations involved representatives of SPLM, SPLM/A in Opposition and SPLM former
detainees (high-level SPLM officials who had been detained by the Government, but had
subsequently been released). On 20 October, the various SPLM factions signed a
framework agreement committing themselves to intra-party democracy, reconciliation and
healing. In an accompanying communiqué, the parties acknowledged a collective
responsibility for the crisis in South Sudan and said that the crisis must be urgently brought
to an end by the SPLM leadership through genuine and honest dialogue. The framework
document made it clear that the Arusha process was separate and distinct from the IGAD
mediation, but recognized that the two processes were mutually reinforcing.
E.
Legislative developments
20.
During the reporting period, several steps were taken towards the development of a
legal framework supporting the promotion and protection of human rights. The National
Legislative Assembly passed a bill for the ratification of the International Covenant on
Civil and Political Rights and the African Charter on Democracy, Elections and
Governance. On 3 September 2014, the Assembly ratified the Convention on the
Elimination of All Forms of Discrimination against Women, and on 1 October it ratified the
African Charter on the Rights and Welfare of the Child. However, the instruments of
ratification have not been deposited with the United Nations.
21.
On 8 October 2014, the National Legislative Assembly approved the national
security bill which, if enacted into law, would give security forces wide-ranging authority
to detain and arrest people without safeguards of due process. The bill was pending review
and awaiting presidential assent amidst concerns regarding its compatibility with the
Transitional Constitution of the Republic of South Sudan, 2011. Three media laws adopted
by the Assembly in November 2013, reportedly to shield media practitioners from
harassment, censorship and intimidation, were signed into law in November 2014.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents