South Sudan: Dr. Machar Declined To Sign IGAD’s Proposed Power Sharing Arrangment!

Dr. Riek Machar has decline to sign IGAD's document on Transitional Government Of National Unity(Photo: Joseph Edward)

Dr. Riek Machar has decline to sign IGAD’s document on Transitional Government Of National Unity(Photo: Joseph Edward)

August 26, 2014(Nyamilepedia) –After the two days summit in Addis Ababa, the regional leaders have signed the draft protocol on “agreed” principles on transitional arrangement towards resolution of the crisis in South Sudan. However, the armed opposition leader, Dr. Riek Machar Teny, has declined to sign the document.

The transitional government arrangement gives Salva Kiir’s regime a lion to accommodate the other stakeholders for a period of 30 months.

The regional leaders have agreed to create the position of a Prime Minister, however, the post and its duties will be overseen by the incumbent president, who is accused by the opposition of trying to consolidate powers and silencing the dissidents in the country.

According to the IGAD principles, below, the armed opposition would nominate “credible, professional and competent person, who shall be acceptable to the President”. Unlike in the previous Kenyan system, after the 2007 election crisis, the Prime Minister will be approved by the incumbent president. Nonetheless, the Prime Minister will not be deputized, and will not contest in the following election.

The duties and powers of the Prime Minister shall be negotiated by the stakeholders.

The agreed principles further require the Prime Minister to be “friendly and peaceable” to the president during the transitional period.

The regional leaders calls on Dr. Machar to sign the document.

Begin the Report ….

President Uhuru Kenyatta, Salva Kiir and Museveni in a parallel meeting on Friday, August 23, 2014(photo: Uhuru)

President Uhuru Kenyatta, Salva Kiir and Museveni in a parallel meeting on Friday, August 23, 2014(photo: Uhuru)

Preamble:

The government of the Republic of South Sudan, (hereinafter referred to as the  “government” or the GRSS), and the Sudan People’s Liberation Movement/Army (in Opposition) (hereinafter referred to as (SPLM/A (IO)) and others namely: SPLM Leaders (Former Detainees), Political Parties, Civil Society, and Faith-Based Leaders; jointly referred to as  “Stakeholders”;

Do Hereby Agree the following principles, and Further Agree, with the endorsement of the Guarantors, that the terms of a political transition shall be further determined by the agreed outcomes of the IGAD-led multi-stakeholder peace process, and that such terms shall necessarily be formulated in accordance with these Principles;

I. Agreed Principles: Transitiona Government Arrangements

  1. Establishing a Transitional Government of National Unity (TGONU) offers the best chance for the people of South Sudan to take the country forward;
  2. The Head of State and Government, Commander-in-Chief of the Armed Forces of the TGONU shall be the elected, incumbent President of the Republic; the President of the Republic shall be deputized by a Vice President of the Republic;
  3. There shall be established the office of the Prime Minister nominated by the SPLM/A (IO) and who shall be acceptable to the President; whose duties and powers shall be negotiated in the peace process;

  4. The Prime Minister shall be a credible, professional and competent person to accomplish the tasks entrusted to him to coordinate the implementation of the interim process;

  5. The Prime Minister shall work harmoniously with the President during the interim period.

  6. The Prime Minister will not be eligible to stand for any public office in the national elections at the end of the Transitional Period;

7.  The Executive of the Transitional Government shall comprise the President, the Vice President, the Prime Minister and the Council of Ministers;

  1. The transitional Period shall last for a period of 30 months;
  • National elections shall be held 60 days before the end of the Transitional Period in order to introduce a new political dispensation in South Sudan;
  • The Transitional Period shall be preceded by a Pre-Transition period of 90 days, during which tasks necessary to initiate the Transition shall be completed;these tasks shall be negotiated by the stakeholders in the negotiations;

  • The Transitional Government shall include representatives nominated by the Government, the SPLM/A (IO), the SPLM Leaders and other Political Parties, shall be negotiated by the parties mentioned above in the negotiations ;

  • The Executive shall guide the transitional agenda and national elections as shall be agreed by the participating stakeholders in the IGAD-led peace process;

  • In the event that the post of President falls vacant, the provisions of the Transitional Constitution of the Republic of South Sudan shall prevail. Should the post of Prime  Minister fall vacant during the Transitional Period, the post shall be filled by the nominee of the SPLM/A (IO), as per the terms to be negotiated;

  • Upon the adoption of the amended Constitution, the National Legislature shall be reviewed with a view to expand the National Legislature to reflect the new political dispensation that shall be negotiated by the stakeholders in the negotiations; (nominated portion of National Legislature)

  • Individuals, groups and parties to the conflict shall be accountable for their actions. Individuals found to have committed atrocity crimes, war crimes, or other crimes against humanity, as identified by the African Union Commission of Inquiry for South Sudan, shall not be eligible for participation in the Transitional Government, or, if already participating in the Transitional Government shall resign.

  • II.  Agreed Principles: Transitional Security Arrangements

    1. To sign the implementation matrix of the Cessation of Hostilities Agreement, its and its addendum, and fully implement the provisions of the Cessation of Hostilities Agreement to immediately stop the war, which is contributing to the humanitarian crisis;
    • Immediately begin negotiations on a permanent ceasefire that will result in the declaration of the disposition of forces, cantonment, demobilization, disarmament and reintegration, and the eventual withdrawal of allied forces, in accordance with the Cessation of Hostilities Agreement, and re-unification of the hitherto fragmented national army;
  • Negotiate and agree to undertake comprehensive institutional reforms in the security sector during the Transitional Period, to restore public confidence and that lead to enduring reforms beyond the Transitional Period;

  • Establish during the Transitional Period a competent and effective oversight mechanism to help oversee implementation of the security sector reform programme and ensure accountability amongst the security agencies;

  • III. Agreed Principles: Resource, Economic and Financial Management

    1. In accordance with existing international best practices, standards, and norms, introduce during the Transitional Period a programme of economic and public financial management reform, implemented in accordance with the existing institutional and legal architecture; the terms of the reform programme shall be negotiated by the stakeholders in the negotiations;
    • Establish during the Transitional Period, a competent and effective oversight mechanism to help oversee implementation of the reform programme and ensure transparency and efficiency in public financial management;
  • Agree to a resource sharing framework for the revenues from the extraction of national resources that balances the needs for national development, service delivery and reconstruction of the country, and be allocated by a formula to be negotiated by the stakeholders in the negotiations;

  • IV. Agreed Principles: Transitional Justice, Reconciliation, and Healing

    1. Establish during the Transitional Period, a National Commission for Truth, Reconciliation and Healing, which will be hybrid in composition, to spearhead efforts to address the legacy of conflict in South Sudan; the terms and mandate of the Commission shall be negotiated by the stakeholders in the negotiations;
    • Establish during the Transitional Period, an independent judicial body to investigate and prosecute individuals bearing the greatest responsibility for violations of international humanitarian law, and/or applicable South Sudanese law, committed since 15 December 2013; the terms and mandate of this body shall be negotiated by the stakeholders in the negotiations;

    V. Agreed Principles: Humanitarian Concerns

    1. Given the impending threat of war-induced famine, the Government and SPLM/A (IO), as a matter of urgency, immediately and jointly agree to fully support the international call for humanitarian assistance to South Sudan, and agree to facilitate the necessary humanitarian access assessment and assistance initiatives;
    • Agree to urgently institute programmes of relief, repatriation, resettlement, reintegration and rehabilitation of IDPs and returnees, and in particular, provide programmes for war/conflict affected persons (children, orphans, women, widows, war wounded, etc.), including reconstruction of war-affected areas, the terms and scope of which shall be negotiated by the stakeholders in the negotiations;

    VI. Agreed Principles: Parameters for a permanent Constitution Process

    1. The TGONU to initiate and oversee  a permanent constitution-making process during the Transitional Period, based on the principles of federalism and taking into account unity in diversity, and to devolve more power to the states. The terms and parameters of this process shall be negotiated by the Stakeholders in the negotiations;

    VII. Timetable to Complete Negotiations

    1. That upon the signing of this Protocol, the stakeholders commit to negotiate and complete the agreement within a period of 45 days.

    Related Report:

    IGAD Agreed Protocols

    6 comments

    • Gatwal Augustines

      Reblogged this on The Snoop Magazine .

    • The the IGAD drafted document cares nothing then self show and inability of those drafting it. It could be big sins for Dr. Machar to ink such malicious document which cementing Salva Kiir’s sins and criminal leadership in South Sudan and deny completely the reality of the blood heavily purred because of Kiir his tribal sentiment on Nuer Nation and the rest of South Sudanese citizens.

      I believe IGAD represent some images and I think as a concern citizen of this IGO, they have to think beyond the corner of their negotiating base. Peace as they falsely and faithless carrying for, it will comes only when they realize that Salva must not to continue to leads a nation which he had genocides it citizens intentionally and falsely of an allegation of unfounded coup. The death as I know has no shape or color.

      It general meaning is when you faint and leave the earth involuntarily. IGAD should bear in mind that, there were thousands of innocent lives lost and continue even now because of Salva Kiir’s tribal actions in 15 December and we the (victims) will never think or dream to come back acknowledge him as legitimate president as he and his Caucasus always claim. I personally, I have appreciated the decision taken by Dr. Machar and with all hopes and other means a human being has, I stand firm with the decision taken By Machar.

      Nguen Riak.

    • WHAT A LEGITIMACY DOES SALVA KIIR’S BRUTAL REGIME HAS IN SOUTH SUDAN?

      To Salva Kiir, your domestic,regional,and international lobbying or conspiracy against the Nuer Society won’t rescues your genocidal regime from demising. Whether you import those mercenaries from Ugandan Army (UPDF),Egypt,China,Russia, African Union Peacekeepers Forces and four groups of Sudan’s rebels ( JEM,SLM,SRF & SPLA-N ) to shield your cowards tribe/ brutal regime against mighty Nuer warriors in pretext to prevented their retaliatory revenges won’t prevent our causes of fighting for freedoms ( expression/speech/movement),democratic federal system,good governance, equality, human rights and to bring responsible/transferable/accountable Government in South Sudan.

      Hence, IGAD members countries must refrain from being dogmatic rather than being mediators for resolution of 8 months conflicts. The IGAD members are Not neutral so far because their boss bossy Yoweri Kaguta Museveni had already interfered or meddled in our own affairs by sided with brutal government of his mentor/puppet Salva Kiir Mayardit .

      I am appealing to globe peace lovers, friends of South Sudan TROIKA, EU, USA,Norway,UNSC, African Union plus our international community to strongly condemn and denounce such regional lobbying against one ethnic group the Nuer by South Sudan President Salva Kiir ,his stooge cabinet and opportunist IGAD bloc and to view the IGAD’s imposed document dominated by Museveni of Uganda ideas.

      Therefore,I think, IGAD members countries should facilitate the peace negotiation between SPLM in Opposition and SPLM pro government but not to decide on behalf of two warring parties if they want to resolved peacefully the feudal war in South Sudan.

      Therefore,comrades in struggles,Salva Kiir government is illegitimate for the following reasons:

      First, Salva Kiir is illegal President who came to power by accident when our hero Dr John Garang de Mabior died in helicopter crashed on 30 July 2005. Hence,Kiir Mayardit had lost his legitimacy as the President after he had ministered a genocide against his own citizens the Nuer whom elected him into incumbent Office. Thereby, Kiir massacred 20,000 Nuer civilians due to political struggles within the ruling party SPLM with Dr Machar who hails from Nuer ethnic group.

      Secondly, Salva Kiir was not legitimate elected President within the Republic of South Sudan ( RSS) but within GOSS during interim government,he was elected without strong challenger when two Sudans were one as the means to implemented CPA and Not to interrupted the South Sudan referendum at the time. Dr Riek Machar Teny whom Salvatore hates to death today was his running mate in 2010 national election but due to his insincerity, incumbency or dishonesty,he had dishonored their gentleman agreement by stabbed him at his back mercilessly.

      Thirdly, Salva Kiir had unconstitutionally dismantled the main organs of ruling Party SPLM without informed the executive members from SPLM Politico- bureau, National Liberation Council (NLC) and SPLM Secretariats at grass roots levels which is the main genesis of this current feudal/tribal/political/economical war in South Sudan fueled by disarmament of Nuer boys in SPLA by their colleagues from Dinka tribe within Tiger battalion on 15/12/2013.

      Fourthly, he lost his legacy as former freedom fighter, liberator and founder of SPLM/A after violated South Sudan Constitution by betrayed SPLA combatants in which his painful regime imported illegally the hired mercenaries from neighbor countries like Uganda, M23 of Congo, Darfur JEM/SLM rebels, and SRF of Nuba Mts and Aghasna SPLA-N of South Blue Nile to defended our national Constitution, territorial integrity,and its sovereignty instead of our gallantry South Sudan National Army SPLA.

      Fifthly, Salva Kiir ordered Museveni’s UPDF airforces to use forbidden dangerous weapons against his country men/women/children who believed to side with SPLA in Opposition as the way to silent Dr Machar ‘s loyalists- the gallantry SPLA in Opposition and White Army Nuer warriors or meant to eliminated or wipe out Nuer tribe from South Sudan map

      Sixth,Salva Kiir regime since day one in office had establish Dinka dominated institutions which badly failed to tackles rampant corruptions,overwhelm widen insecurities across the country for instant wanton killings around cities and cattle rustlings in remote rural areas,growing tribalism,nepotism,clanism,chronic hatreds,imbalance in government where his own clan are dominance.All these factors led level South Sudan as a failed State number 1 globally.

      Finally, Salva Kiir because of his incapability, incompetency,flip flop, puppeteers, alcoholic addicted, arrogance, and lack of leadership skills, vision,value, mission and political determination had made him incompetent either politically, militarily and diplomatically.

      Warning! My message goes to bribed IGAD member countries dragged by notorious killer Yoweri Museveni of Uganda whom hold meeting in Kampala with President Uruhu Kenyata and their puppet Salva Kiir whereby the three corrupted leaders draft the damn imposed agenda against our freedom fighters. Who will buy that illegal document? Non.

      I am hereby also giving a strong warning to our cousin Dinka Bahr el Ghazal and others to refrain from importing foreigners whatsoever it may takes to fight Nuer warriors on their behalf.Otherwise it will backfire later when the Nuer got power in the future.

    • Thank you
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