‘THE ADDISAGREEMENT’: Compromise Agreement Draft Document by IGAD-Plus
On this Day, July 24, 2015, South Sudanese peace negotiators were served with another hot draft document for the umpteenth time in the last 18 months of talking about the talks. The document, to a layman like me, looks great and promising towards the attainment of peace. If the main principals (Kiir and Riek) see defect in this document, it is prudent they discuss it from August 5, and sign the document on August 17, as scheduled.
I term it ‘hot document’ not because it has just been released a few hours ago, but it contains chapters possibly too hot to handle by the main parties of the war. Chapters like Chapter V:
Chapter V: Transitional Justice, Accountability, Reconciliation and Healing… (Page 42) prescribes this (HCSS: Hybrid Court of South Sudan) to the chagrins of the two belligerent party leaders. (Sampled excerpt from the whole document).
HYBRID COURT OF SOUTH SUDAN (HCSS)
3.1.Establishment of the Hybrid Court for South Sudan (HCSS)
3.1.1. There shall be established an independent hybrid judicial court, the Hybrid Court for South Sudan (HCSS). The Court shall be established by a Memorandum of Understanding (MoU) signed between the TGoNU, the African Union Commission and the United Nations, to investigate and prosecute individuals bearing the responsibility for violations of international law and/or applicable South Sudanese law, committed from 15 December 2013 through the end of the Transition Period.
3.1.2. The TGoNU shall undertake negotiations with the AU-Commission (AUC) and the United Nations Secretariat leading to the conclusion of signing MoU on the establishment of the HCSS no later than six (6) months following the establishment of the Transition.
3.1.3. The terms of the MoU establishing of HCSS shall comply with the terms of this Agreement. The MoU shall provide broad guidelines relating to cooperation arrangements between the participating institutions and other pertinent matters, including the location of the HCSS, its infrastructure, funding mechanisms, enforcement mechanism, the applicable jurisprudence, number and composition of judges, privileges and immunities of Court personnel or any other related matters.
3.1.4. The seat of the HCSS shall be decided by the Chairperson of the Commission of the AU and the Secretary General of the UN notwithstanding Article 3, Sub-Article (3.1.3).
3.1.5. The MoU shall determine the content of legislation to be drafted and agreed by TGoNU, AUC and UN and presented to the Transitional National Assembly of South Sudan by TGoNU for enactment of the legislation establishing the HCSS as agreed by TGoNU, AUC and UN. The Transitional National Assembly will pass such legislation within nine (9) months following the establishment of the Transition.
3.1.6. The HCSS shall be instituted within twelve (12) months of the promulgation of such legislation and remain in operation for an initial period of three (3) years subject to renewal and in accordance with the stipulations of the MoU.
3.1.7. In the event that the establishment of the HCSS in accordance with the provisions of Article 3, sub- Articles (3.1.1, 3.1.2 and 3.1.5) is not achieved, the UN Secretary General and the Chairperson of the AU Commission shall bring the matter to the attention of the United Nations Security Council with recommendations on the establishment of HCSS immediately.
3.2. Jurisdiction Mandate and Supremacy
3.2.1. The HCSS shall have jurisdiction with respect to the following crimes:
188.8.131.52 Crimes Against Humanity;
184.108.40.206 War Crimes
220.127.116.11 Other serious crimes under international law and relevant laws of the Republic of South Sudan including gender based crimes and sexual violence.
3.2.2. The HCSS shall be independent and distinct from the national judiciary in its operations, and shall carry out its own investigations: The HCSS shall have primacy over any national courts of RSS.
NB: The above Article 3 of Chapter 5 (Hybrid Court of South Sudan) is just an appetizer. Click the link below to browse through the 77-page document for other hotter chapters like on Power Sharing, Two-in-one armies, Federal System (Ministry of Federal Affairs), Compensation, Reparation, etc.
Click to lick it hot on this PDF link to IGAD page: https://drive.google.com/file/d/0B5FAwdVtt-gCNFZ2a1VGV0o1aElpblI1VTZXRGFWX29yNHk0/preview
It’s a Do or Break dance