The warring parties led by Salva Kiir and Riek Machar and the third-party SPLM-G10 faction have omitted mention of the African Union Commission of Inquiry from the agreement signed in Arusha on Wednesday, after referencing the Commission in an earlier draft.
According to a draft version of the Arusha agreement obtained by Radio Tamazuj, dated 18 January, section II (1) on political issues says that the SPLM will comply with the report of the African Union Commission of Inquiry, which is tasked with investigating atrocities and recommending judicial methods and systems for dealing with atrocities and redressing victims.
The draft provision reads: “1. Implement and comply with the provisions of the Cessation of Hostilities Agreement and use this Intra-SPLM Party Dialogue in Arusha , the report of the AU Commission of Inquiry on the conflict in South Sudan and the IGAD mediation process in Addis Ababa to expedite the conclusion of the Peace Agreement in order to end the war.”
Negotiating under the auspices of the Tanzanian ruling party, SPLM factions deleted the phrase “the report of the AU Commission of Inquiry” from the draft.
The final version of the agreement signed on 21 January reads simply that the parties will, “Implement and comply with the provisions of the Cessation of Hostilities Agreement and use this Intra-SPLM Party Dialogue in Arusha and the IGAD mediation process in Addis Ababa to expedite the conclusion of the Peace Agreement in order to end the war.”
Yet Article 15 of the final version endorses a transitional justice system, without referring to the AU Commission of Inquiry. It reads: “SPLM commits to and supports the establishment of a comprehensive system of transitional justice,” adding that truth, reconciliation, criminal prosecution, compensation and reparations should be part of this system.
In the annexed implementation matrix, the Transitional Government of National Unity and reunified SPLM are listed as the responsible actors for implementing this justice system.
The African Union Commission of Inquiry has not yet released its final report.