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Final Draft of the Co-Chairman's Statement
FINAL DRAFT OF THE CO-CHAIRMAN’S STATEMENT Your Excellencies, Honorable Delegates, Distinguished Guests, Ladies and Gentlemen, On behalf of my Co-Chairman, Moulana Abel Alier, my colleagues in the Steering Committee, and on my own behalf, I would like to extend a warm welcome to all of you to this Conference, which marks the final phase of the National Dialogue. This is a historic occasion for us in the National Dialogue and we believe for our country. When His Excellency, President Salva Kiir Mayardit, initiated the National Dialogue more than three years ago, we cannot say with confidence that we, or anyone else for that matter, had a clear idea how long it would take, where it would lead, and what the end result would be. It was initially thought that the Dialogue process would take several months. Many saw it as a ploy by the President to polish his political image. The National Dialogue has now lasted for over three years. And far from being a ploy by the President, it has proved to be a sincere national soul searching about the crises facing our country. 1 What we soon learned as we undertook our assignment, was that our President wanted the process to be absolutely free, inclusive, transparent and credible. He repeatedly reaffirmed that National Dialogue was not a trap or a net for catching his political opponents, and that people should speak freely without fear, harassment or any form of intimidation. And, indeed, through the nationwide grassroots consultations and regional conferences, our people spoke their minds without fear or constraint. -
The Interaction Between International Aid and South Sudanese
Lost in Translation: The interaction between international humanitarian aid and South Sudanese accountability systems September 2020 This research was conducted by the Conflict Sensitivity Resource Facility (CSRF) in August and September 2019 and was funded by the UK, Swiss, Dutch and Canadian donor missions in South Sudan. The CSRF is implemented by a consortium of the NGOs Saferworld and swisspeace. It is intended to support conflict-sensitive aid programming in South Sudan. This research would not have been possible without the South Sudanese and international aid actors who generously gave their time and insights. It is dedicated to the South Sudanese aid workers who tirelessly balance their personal and professional cultures to deliver assistance to those who need it. Table of Contents Executive Summary ................................................................................................................................ 1 Recommendations ............................................................................................................................................. 2 1. Introduction ........................................................................................................................................ 4 Background ........................................................................................................................................................ 4 Methodology and limitations ........................................................................................................................... -
Constitution Building: Constitution (2013) a Global Review
Constitution Building: Constitution Building: A Global Review (2013) A Global Review Constitution Building: A Global Review (2013) Constitution building: A Global Review (2013) provides a review of a series of constitution building processes across the world, highlighting the possible connections between these very complex processes and facilitating a broad understanding of recurring themes. While not attempting to make a comprehensive compendium of each and every constitution building process in 2013, the report focuses on countries where constitutional reform was most central to the national agenda. It reveals that constitution building processes do matter. They are important to the citizens who took part in the popular 2011 uprisings in the Middle East and North Africa seeking social justice and accountability, whose demands would only be met through changing the fundamental rules of state and society. They are important to the politicians and organized interest groups who seek to ensure their group’s place in their nation’s future. Finally, they are important to the international community, as peace and stability in the international order is ever-more dependent on national constitutional frameworks which support moderation in power, inclusive development and fundamental rights. International IDEA Strömsborg, SE-103 34, Stockholm, Sweden Tel: +46 8 698 37 00, fax: +46 8 20 24 22 E-mail: [email protected], website: www.idea.int Constitution Building: A Global Review (2013) Constitution Building: A Global Review (2013) Edited by: Sumit -
Constitution Of
Constitutionalism and Democratic Governance in Africa: Contemporary Perspectives from Sub-Saharan Africa Morris Kiwinda Mbondenyi (LLD, LLM (UNISA), LLB (Moi)) Senior Lecturer in Law, Africa Nazarene University Tom Ojienda (LLD (UNISA), LLM (Kings College), LLB (Nairobi)) Associate Professor of Law, Moi University with the assistance of Thuto Moratuoa Hlalele Centre for Human Rights, Faculty of Law, University of Pretoria 2013 Constitutionalism and democratic governance in Africa: Contemporary perspectives from Sub-Saharan Africa Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.za Cover: Yolanda Booyzen, Centre for Human Rights Photograph: ‘Nothing is set in stone’ by O.F.E. on Flickr ISBN: 978-1-920538-14-9 © 2013 TABLE OF CONTENTS FOREWORD AND DEDICATION ix CONTRIBUTORS xiii PART I: GENERAL THEORETICAL PERSPECTIVES Introduction to and overview of constitutionalism -
Spoils of War, Spoilers of Peace: Changing the Calculus of South Sudan's Deadly Conflict
Spoils of War, Spoilers of Peace Changing the Calculus of South Sudan's Deadly Conflict ………………………………………………………………………………………………………… By Justine Fleischner September 2014 COVER PHOTO: South Sudan President Salva Kiir, front right, and former Vice President Riek Machar pay respects at the grave of Dr. John Garang in Juba, South Sudan. AP image, 2010 Spoils of War, Spoilers of Peace Changing the Calculus of South Sudan's Deadly Conflict By Justine Fleischner September 2014 Executive Summary and Recommendations South Sudan's civil war, which has exacted a terrible toll on its civilian population, has its origins in a power struggle between factions aligned with President Salva Kiir and those who have joined former Vice President Riek Machar. Despite repeated pledges to put down their weapons,1 both sides have demonstrated a clear commitment to a military “solution” instead of a negotiated settlement.2 The country’s competing privileged elites are sacrificing their own peoples’ lives to secure the political and economic benefits—including massive state-corroding corruption—derived from control of the state.3 In his opening remarks at the latest round of peace talks underway in Bahir Dar, Ethiopia, chief negotiator Seyoum Mesfin told the parties, “If you are committed to peace, you will not find it through the barrel of the gun, but around this table.”4 Simply put, unless the calculations of the leaders of the warring parties are altered, the war will continue and likely intensify. The application of a globally enforced targeted sanctions regime could change the calculus of warring elites and end impunity for mass atrocities, the obstruction of humanitarian aid, and violations of the cessation of hostilities agreement. -
Strategic Peacebuilding- the Role of Civilians and Civil Society in Preventing Mass Atrocities in South Sudan
SPECIAL REPORT Strategic Peacebuilding The Role of Civilians and Civil Society in Preventing Mass Atrocities in South Sudan The Cases of the SPLM Leadership Crisis (2013), the Military Standoff at General Malong’s House (2017), and the Wau Crisis (2016–17) NYATHON H. MAI JULY 2020 WEEKLY REVIEW June 7, 2020 The Boiling Frustrations in South Sudan Abraham A. Awolich outh Sudan’s 2018 peace agreement that ended the deadly 6-year civil war is in jeopardy, both because the parties to it are back to brinkmanship over a number S of mildly contentious issues in the agreement and because the implementation process has skipped over fundamental st eps in a rush to form a unity government. It seems that the parties, the mediators and guarantors of the agreement wereof the mind that a quick formation of the Revitalized Government of National Unity (RTGoNU) would start to build trust between the leaders and to procure a public buy-in. Unfortunately, a unity government that is devoid of capacity and political will is unable to address the fundamentals of peace, namely, security, basic services, and justice and accountability. The result is that the citizens at all levels of society are disappointed in RTGoNU, with many taking the law, order, security, and survival into their own hands due to the ubiquitous absence of government in their everyday lives. The country is now at more risk of becoming undone at its seams than any other time since the liberation war ended in 2005. The current st ate of affairs in the country has been long in the making. -
The Crisis in South Sudan
Conflict in South Sudan and the Challenges Ahead Lauren Ploch Blanchard Specialist in African Affairs September 22, 2016 Congressional Research Service 7-5700 www.crs.gov R43344 Conflict in South Sudan and the Challenges Ahead Summary South Sudan, which separated from Sudan in 2011 after almost 40 years of civil war, was drawn into a devastating new conflict in late 2013, when a political dispute that overlapped with preexisting ethnic and political fault lines turned violent. Civilians have been routinely targeted in the conflict, often along ethnic lines, and the warring parties have been accused of war crimes and crimes against humanity. The war and resulting humanitarian crisis have displaced more than 2.7 million people, including roughly 200,000 who are sheltering at U.N. peacekeeping bases in the country. Over 1 million South Sudanese have fled as refugees to neighboring countries. No reliable death count exists. U.N. agencies report that the humanitarian situation, already dire with over 40% of the population facing life-threatening hunger, is worsening, as continued conflict spurs a sharp increase in food prices. Famine may be on the horizon. Aid workers, among them hundreds of U.S. citizens, are increasingly under threat—South Sudan overtook Afghanistan as the country with the highest reported number of major attacks on humanitarians in 2015. At least 62 aid workers have been killed during the conflict, and U.N. experts warn that threats are increasing in scope and brutality. In August 2015, the international community welcomed a peace agreement signed by the warring parties, but it did not end the conflict. -
South Sudan Conflict Insight | Aug 2018 | Vol
ABOUT THE REPORT South Sudan Conflict The purpose of this report is to provide analysis and recommendations to assist the African Union (AU), Regional Economic Communities (RECs), Member States and Development Partners in decision-making Insight and in the implementation of peace and security- related instruments. CONTRIBUTORS Dr. Mesfin Gebremichael (Editor in Chief) Mr. Alagaw Ababu Kifle Ms. Alem Kidane Ms. Mahlet Fitiwi Ms. Tsion Belay Ms. Zaharau S. Shariff Situation analysis The area that is today’s South Sudan was once a marginalized region in the EDITING, DESIGN & LAYOUT Republic of Sudan administered by tribal chiefs during the British colonial Ms. Michelle Mendi Muita period (1899-1955). In the 1950s, marginalization gave rise to the Anyanya Mr. Mikias Yitbarek I rebellion, spearheaded by southern Sudanese separatists and resulting in Ms. Siphokazi Mnguni the First Sudanese Civil War (1955-1972). The war ended after the 1972 Addis Ababa Agreement, only for another civil war to break out in 1983 instigated by the Sudan People Liberation Movement/Army (SPLM/A). The Second Sudanese Civil War (1983-2005), one of the longest civil wars on © 2018 Institute for Peace and Security Studies, record, officially ended in 2005 with the signing of the Comprehensive Addis Ababa University. All rights reserved. Peace Agreement (CPA) by the SPLM/A and the government of Sudan. In 2011, six years after the end of the civil war, South Sudan gained August 2018 | Vol. 2 independence from the Republic of Sudan. South Sudan is home to more than 60 ethnic groups, with the Dinka and CONTENTS the Nuer constituting the largest numbers. -
Combatting Gender-Based Violence in the Customary Courts of South Sudan
COMBATTING GENDER-BASED VIOLENCE IN THE CUSTOMARY COURTS OF SOUTH SUDAN 2 Acknowledgments The research team would like to acknowledge all of the women, chiefs, government officials and other community members that assisted in the compilation of the information contained in this report, with special acknowledgment to the customary court chiefs who opened the doors to their courthouses and facilitated gathering of the results. The team would also like to thank the UNFPA team in Juba, the International Rescue Committee office in Rumbek, Women for International in Rumbek, Catholic Relief Services in Yambio and the UNDP Rule of Law office in Bentiu for their willingness to provide support and direction to the Lead Consultant and consultant teams in each location. These organizations helped identify transportation means, provide housing arrangements, give office support, and recruit local personnel. This study was funded by UNFPA South Sudan. © 2011 Haki All Rights Reserved 2 Combatting Gender-Based Violence in the Customary Courts of South Sudan Cover Photo: Rumbek Town Customary Court List of Abbreviations GBV Gender-‐Based Violence NGO Non-‐governmental Organizations GOSS Government of South Sudan JOSS Judiciary of South Sudan MOLACD Ministry of Legal Affairs and Constitutional — Development South Sudan ICSS Interim Constitution South of Sudan INC Interim National Constitution an of Sud IDP Internally Displaced Person UNFPA United Nations Population Fund UNDP United Nations Development Program SPds Sudanese Pounds List of Tables Table I Bari Jurisprudence for GBV Cases Table II Dinka Jurisprudence for GBV Cases Table III Nuer Jurisprudence for GBV Cases Table IV Azande Jurisprudence for GBV Cases List of Figures Figure 1 Tribes of South Sudan Figure 2 Summary of Findings Figure 3 Juba Findings Figure 4 Rumbek Findings Figure 5 Bentiu Findings Figure 6 Yambio Findings Combatting Gender-Based Violence in the Customary Courts of South Sudan TABLE OF CONTENTS I. -
Women As Equal Participants in Conflict Resolution
[III] Women as Equal Participants in Conflict Resolution Evidence from around the world and across cultures shows that integrating women and gender considerations into peace-building processes helps promote democratic governance and long-term stability. In order to achieve these goals, women need to be able to play a role in building and participating in the full range of decision-making institutions in their countries. These institutions, from civil society to the judicial and security sectors, must also be responsive to and informed by women’s demands. —United States National Action Plan on Women, Peace, and Security 8. Women’s Role in Bringing Peace to Sudan and South Sudan By Princeton N. Lyman [ Women] are part of the society and the mistake we do more often than not is we want to look at a woman’s issue in isolation. It has to be done as part of the society, and the society is together with men, and youth. —from an interview of Merekaje Lorna Najia, Secretary General of the Sudan Democratic Election Monitoring and Observation Program, conducted as part of the Profiles in Peace Oral Histories Project of the Georgetown Institute for Women, Peace and Security, 2013 Women have not played the role they should—indeed, must—in the ongoing Sudan–South Sudan peace process. Women have worked actively for peace in Sudan, both throughout the decades of civil war and in the various peace processes that ended the war in 2005. Strong women’s caucuses and organizations in both countries continue to work for the people’s betterment and for resolving internal conflicts within their countries (for example, Darfur in Sudan and Jonglei Province in South Sudan). -
Secretary-General's Report on South Sudan (September 2020)
United Nations S/2020/890 Security Council Distr.: General 8 September 2020 Original: English Situation in South Sudan Report of the Secretary-General I. Introduction 1. The present report is submitted pursuant to Security Council resolution 2514 (2020), by which the Council extended the mandate of the United Nations Mission in South Sudan (UNMISS) until 15 March 2021 and requested me to report to the Council on the implementation of the Mission’s mandate every 90 days. It covers political and security developments between 1 June and 31 August 2020, the humanitarian and human rights situation and progress made in the implementation of the Mission’s mandate. II. Political and economic developments 2. On 17 June, the President of South Sudan, Salva Kiir, and the First Vice- President, Riek Machar, reached a decision on responsibility-sharing ratios for gubernatorial and State positions, ending a three-month impasse on the allocations of States. Central Equatoria, Eastern Equatoria, Lakes, Northern Bahr el-Ghazal, Warrap and Unity were allocated to the incumbent Transitional Government of National Unity; Upper Nile, Western Bahr el-Ghazal and Western Equatoria were allocated to the Sudan People’s Liberation Movement/Army in Opposition (SPLM/A-IO); and Jonglei was allocated to the South Sudan Opposition Alliance. The Other Political Parties coalition was not allocated a State, as envisioned in the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, in which the coalition had been guaranteed 8 per cent of the positions. 3. On 29 June, the President appointed governors of 8 of the 10 States and chief administrators of the administrative areas of Abyei, Ruweng and Pibor. -
Sudan Law Reform Advocacy Briefing
Sudan Law Reform Advocacy Briefing January 2014 Welcome to the fourth issue of the Sudan Law Reform Advocacy Briefing.1 This Briefing is published quarterly to highlight and reflect on law reform developments and issues critical to the promotion and protection of human rights in Sudan. Its aim is to inform and engage those working on, and interested in, law reform and human rights in Sudan. The present issue contains an annotated compilation of key recommendations made by regional and international human rights bodies, as well as states during the Universal Periodic Review process, and, in so far as available, responses by Sudan thereto. It focuses on legislative reforms, particularly in relation to serious human rights violations. This issue seeks to provide a useful reference document for all actors concerned and to identify priority areas for engagement, particularly in the context of the pending review of Sudan’s state party report by the UN Human Rights Committee. Yours, Lutz Oette For further information, please visit our dedicated project website at www.pclrs.org/ Please contact Lutz Oette (REDRESS) at [email protected] (Tel +44 20 77931777) if you wish to share information or submit your comments for consideration, or if you do not wish to receive any further issues of the advocacy briefing. 1 The Advocacy Briefings are available online at: http://www.pclrs.org/english/updates. 1 I. The implementation of international human rights treaty obligations, legislative reforms and effective protection of rights in Sudan: International perspectives and Sudan’s responses in context 1. Introduction The question of human rights in Sudan has engaged a large number of regional and international bodies.