Delegates from three party factions signed a 12-page agreement in Arusha, Tanzania, which outlined important measures for party reunification. Signatories include the party loyal to President Salva Kiir, another called sPLM-in-opposition led by former Vice-President Riek Machar, and a third, made up of party officials arrested at the beginning of the conflict in December 2013. (2) We know and regret that the negotiations have now shifted from national transformation to joint cabinet positions. This is clear from the protocols of Arusha and Addis Ababa. It should be noted that civil society has very different views and calls on the agreement, and finally the post-conflict Constitution, to abolish the practice of appointing ministers from parliamentary cabinets. This would improve Parliament`s ability to sanction a rogue speaker or member of the cabinet. The agreement stipulates that SPLM officials, who were fired by President Kiir when the crisis erupted, are reinstated to the party. These include Machar and Pagan Amum, who were vice-presidents and general secretaries of the party respectively. Kordit declined to say when the sacked officials could be recaptured. (8) Civil society wants a peace agreement defining the roadmap for the next legislative elections and clearly defining the declaration process on the president, governor, commissioner or member of the national legislature. In this case, the peace agreement should clearly define the roadmap for how the general elections will be held at the end of the transition period.
These procedures include a clear definition of how the President, Governor, Commissioner or Members of Parliament are elected and sworn in, including how petitions are handled against any president-elect, governor-elect or elected commissioner. This underscores the need for an independent judiciary, which can act as an arbitrator in the event of injustice or disagreement “Implementation is behind the timetable. We have not yet defined the number of states and their borders, and we have not yet defined the decentralization of power and resources. We have not unified the army and the integration of the peace agreement into the Constitution is still ongoing,” he said. The 2005 CPA Comprehensive Peace Agreement between Sudan and SPLM/A should not be linked. But there are good things to learn. However, IGAD mediation, and in particular its former chief mediator, General Lazuro Sumbeyo, and his collaborators, some of whom still work in Addis Ababa today, have taken control of the CPA model over their thinking and tactics to achieve peace. The way peace was born in 2005 should not be the rule in 2015, as the time, circumstances and parties involved in the armed conflict are different from the previous ones. In other words, I recommend using the CPA model as a guide to the ongoing peace process led by IGAD, but not giving the old guide.
(6) The peace agreement should include constitutional amendments that establish an office independent of the Director of Public Prosecutions, separate from the Ministry of Justice when it suffers from vertical and horizontal interventions, with responsibility for the implementation of the rule of law and the administration of justice in the country.