R-TNLA AND COUNCIL OF STATES

1.14. *The Transitional National Legislative Assembly and the Council of States*

*1.14.1*. The Transitional National Legislature (TNL) shall consist of the
Transitional National Legislative Assembly (TNLA) and the Council of
States.

1.14.2. The TNLA shall be expanded to five hundred and fifty (550) members
and reconstituted as follows:

1.14.2.1. Incumbent TGoNU: three hundred and thirty two (332)
members.

1.14.2.2. SPLM/A-IO: one hundred and twenty eight (128) members.
1.14.2.3. SSOA: fifty (50) members.

1.14.2.4. OPP: thirty (30) members.

1.14.2.5. FDs: ten (10) members.

1.14.3. The Speaker of the TNLA shall be nominated by the Incumbent
TGoNU. One Deputy Speaker shall be nominated by SPLM/A-IO;
another, who shall be a woman, shall be nominated by the Incumbent
TGoNU; and a third Deputy Speaker to be nominated by OPP.

1.14.4. Upon issuing the final report of the Independent Boundaries
Commission (IBC) in accordance with Article 1.15 below, the Council
of State shall be reconstituted as shall be recommended by the IBC.
However, if the IBC fails to issue its final report, the Council of State
shall be reconstituted pursuant to the outcome of the referendum.

1.14.5. Without prejudice to the recommendations of the IBC, the Speaker of
the Council of States shall be nominated by SPLM/A-IO, Deputy
Speaker shall be nominated by Incumbent TGoNU, and shall be a
woman, and Deputy Speaker shall be nominated by SSOA. For the
purpose of regional inclusivity required in a body representing the
States, each of the Speaker and Deputy Speakers shall come from
former regions.

1.14.6. The duration and term of the reconstituted TNL shall run concurrently
with that of the RTGoNU, as per the terms of this Agreement, until
elections are held.

1.14.7. The functions and mandate of the TNLA shall remain as stipulated in
the Transitional Constitution of the Republic of South Sudan, 2011 as
amended, unless otherwise specified by the terms of this Agreement;

1.14.8. The reconstituted TNLA shall, in the conduct of its business, support
this Agreement and enact legislation that enables and assists the
transitional processes and reforms described in this Agreement;

1.14.9. Decisions in the reconstituted TNLA on matters pertaining to this
Agreement shall be by consensus and failure to that, shall be by two
thirds (2/3) majority of all the members;

1.14.10. Decisions in the TNLA on other matters not related to this Agreement
shall be by consensus and in lieu of that by simple majority.

1.15. Number and Boundaries of States
1.15.1. Within two weeks of the signing of the Revitalised ARCSS, the IGAD
Executive Secretariat, taking into account the decision of the 55th Extra-
Ordinary Session of the IGAD Council of Ministers held in Addis
Ababa, Ethiopia, January 30-31, 2016, shall appoint an Independent
Boundaries Commission (IBC) for the Republic of South Sudan.

1.15.2. The IBC shall consist of fifteen (15) members with the necessary skills..
1.15.3. Members of the IBC shall be nominated as follows:
1.15.3.1. Five (5) members to be nominated by Incumbent TGoNU.
1.15.3.2. Five (5) members to be nominated by opposition groups:
two (2) from SPLM/A-IO, one (1) from SSOA, one (1) from
FDs, and one (1) from OPP.
1.15.3.3. Five (5) highly experienced C5 members to be nominated by
the Member States of the African Union High-Level Ad Hoc
Committee on South Sudan from South Africa, Nigeria,
Rwanda, Algeria and Chad.
1.15.4. The IBC shall be chaired by a non-South Sudanese member who shall
be of recognized standing and integrity and who should have served in a
senior judicial, executive or administrative position in his/her home
country.
1.15.5. The IBC may retain the services of a team of experts from South Sudan,
the IGAD region, AU, the Troika, and the international community as
required.
1.15.6. If found appropriate, the IBC shall establish three teams, each
consisting of five representatives and relevant experts, to be deployed at
locations it will designate.
1.15.7. The function of the IBC shall be to consider the number of States of
the Republic of South Sudan, their boundaries, the composition and
restructuring of the Council of States and to make recommendations
on the same.
1.15.8. The IBC shall study all viable alternatives in the light of guidelines that
shall be drawn beforehand and right at the beginning of its work. The
IBC shall also draw its own internal regulations. Adoption of the
guidelines and internal regulations shall be by simple majority of the
IBC.
1.15.9. The IBC shall strive to adopt its final report by consensus. If consensus
is not achieved, the IBC shall adopt its final report by a decision that
shall be supported by at least seven (7) of its South Sudanese members.
1.15.10. The recommendations of the IBC shall be presented to the IGAD
Executive Secretariat and shall be immediately communicated to the

1.15.11. The Parties agree to abide by the recommendations of the IBC, and
hereby authorize the IGAD Executive Secretariat to enshrine the same
in the Revitalised ARCSS as an addendum. The Parties accept to
implement the recommendations in full at the beginning of the
Transitional Period.
1.15.12. The IBC shall complete its work within a maximum of ninety (90) days
that shall not be extendable.
1.15.13. Upon issuing the final report of the IBC the Council of States shall be
reconstituted as shall be recommended by the IBC. However, if the IBC
failed to issue its final report the Council of States shall be
reconstituted pursuant to the outcome of the referendum.
1.15.14. In the unlikely event of the IBC failing to make its final report before
the end of its term, the IBC shall be automatically transformed on the
90th day of its term into Referendum Commission on Number and
Boundaries of States (RCNBS) of the Republic of South Sudan.
1.15.15. The RCNBS shall work under the direct supervision and support of the
African Union and the IGAD, and pursuant to international
guidelines, and shall conduct the referendum before the end of the
agreed eight (8) months Pre-Transitional Period.
1.15.16. The referendum shall be conducted on the number and boundaries of
States of the Republic of South Sudan; taking into account the
positions advanced by the Parties. The question or set of questions that
shall be posed in the referendum shall be the same for the entire
country unless it is decided in the RCNBS that each State shall have
different question or set of questions more understandable to the
people.
1.15.17. Annex E (Mediation Proposal of August 19, 2018) to this Agreement
shall apply notwithstanding any provision to the contrary.
1.15.18. Without prejudice to the above provisions of Article 1.15.1 - 1.15.16:
1.15.18.1. Immediately upon the signing of the Revitalised ARCSS,
the IGAD Mediation shall appoint a Technical Boundary
Committee (TBC) to define and demarcate the tribal areas
of South Sudan as they stood on 1 January 1956 and the
tribal areas in dispute in the country.

1.15.18.2. The TBC shall consist of suitable number of experts drawn
from IGAD and Troika Countries.
1.15.18.3. The TBC shall receive presentations from local
communities and any South Sudanese and study them. It
shall finish its work within sixty (60) days.
1.15.18.4. The decision of the TBC shall be by consensus. If consensus
is not achieved, decision shall be by simple majority and
any dissenting view shall be recorded.
1.15.18.5. Immediately upon completion of its work, the TBC shall
present its report including dissenting views, if any, to the
IGAD Mediation.
1.15.18.6. The IBC and RCNBS shall take full account of the report of
the TBC which shall form the basis for their decision and
formulation of the question for the referendum.
1.15.18.7. In the event that any tribe claims that the TBC report is
violated, that tribe is entitled to resort within a maximum
of two years of the alleged violation to arbitration and bring
its case against the RTGoNU or any subsequent
government of the Republic of South Sudan before the
Permanent Court of Arbitration at The Hague. The
RTGoNU or any subsequent government agrees to abide
by the arbitration award and shall introduce any required
state boundary rectifications.
1.16. State and Local Governments
1.16.1. The Responsibility sharing ratio at State and local government levels
shall be in accordance with the following ratio:
1.16.1.1. Incumbent TGoNU: 55%;
1.16.1.2. SPLM/A-IO: 27%
1.16.1.3. SSOA: 10%
1.16.1.4. OPP: 08%
1.16.2. At the beginning of the Transitional Period, State and local
governments shall be reconstituted in accordance with the
responsibility sharing formula stated in Article 1.16.1 above.

1.16.3. The positions that shall be shared as per the responsibility sharing
formula are: Governors, Speakers of State Legislatures, State Councils
of Ministers, State Legislatures, County Commissioners, and County
Councils (if any).
1.16.4. In sharing State and local government positions the Parties shall take
into account the relative prominence each Party has in the respective
State or county.
1.16.5. The FDs shall have three (3) State Ministers in States of their choice
that shall be deducted from the opposition ratio.

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