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Table of Contents
SUDAN PEACE Agreement Between the Government of the Republic of the Sudan and the Sudan Peoples Liberation Movement/Sudan People’s Liberation Army
SUDAN PEACE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE SUDDAN AND THE SUDAN PEOPLES LIBERATION MOVEMENT/ SUDAN PEOPLE’S LIBERATION ARMY
SUDAN PEACE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE SUDDAN AND THE SUDAN PEOPLES LIBERATION MOVEMENT/ SUDAN PEOPLES LIBERATION ARMY
WHEREAS the Government of the Republic of the Sudan and the Sudan Peoples Liberation Movement/ Sudan Peoples Liberation Army (hereafter referred to as the Parties having met in Machakos, Kenya, from June 2002 through 20 July 2002; WHEREAS the Parties are desirous of resolving the Sudan Conflict in a just and sustainable manner by addressing the root causes of the conflict and by establishing a frame work of governance through which power and wealth shall be equitably shared and human rights guaranteed;
COGNIZANT that the conflict in the Sudan is the longest running conflict in Africa; that it has claimed more than two million lives; that it has destroyed the infrastructure of the country; that it has diverted economic resources; and has caused untold suffering, particularly with regard to the people of the Southern Sudan;
SENSITIVE to historical injustices and inequalities in development between the different regions of the Sudan that need to be redressed;
RECOGNIZING that the present moment is a unique opportunities to end the war;
CONVINCED that the rejuvenated nature of the IGAD peace process under the Chairmanship of the Kenyan President, H.E Daniel T. Arap Moi, provides the means to reach a just and sustainable peace;
COMMITTED to a peaceful, negotiated, solution to the conflict for the benefit of all the people of Sudan; NOW THEREFORE, the Parties hereto hereby agree as follows, PART A (AGREED PRINCIPLES)
1.1. That the unity of the Sudan, based on democratic governance, accountability and respect and justice for all citizens of the Sudan is the priority of the parties and that it is possible for the aspirations of the Southern Sudanese to be met within such a framework;
1.2. That the people of the Southern Sudan have the right to control and administer the affairs in the region in which they live;
1.3. That the shared values of all Sudanese citizens will be expressed to the free will of the people;
1.4. To establish a system of governance cognizant of the cultural, ethnic, religious and linguistic diversity of the people of the Sudan;
1.5. To find a solution that halts the further economic and social deterioration of the Sudan and replaces war not just with peace, but also with social, political and economic justice which respects the fundamental political rights of all.
1.6. To negotiate and implement a comprehensive cease-fire to end the suffering and killing of the Sudanese people.
1.7. To develop a reconstruction and development plan to address the needs of those areas affected by the war and redress the historical imbalances of development and resource allocation;
1.8. 1.8 To design and implement the Peace Agreement so as to make the unity of the Sudan attractive especially to the people of Southern Sudan;
1.9. That the people of Southern Sudan have the right to self-determination, a right based on their cultural, religious, and linguistic distinctiveness in the country and a common history.
1.10. That the people of Southern Sudan are entitled to be consulted by means of a referendum so as to establish their views on their status and form of government.
1.11. That the people of Sudan share a common heritage and a shared destiny. The challenge facing the parties is to find a framework by which this common destiny can be best realized and expressed for the benefit of all the Sudanese.
PART B (THE TRANSITION PROCESS) In order to end the conflict and to secure a peaceful and prosperous future for all the people of the Sudan and in order to collaborate in the task of governing the county pending the adoption of a final framework, the parties hereby agree to the implementation of the Peace Agreement in accordance with the sequence, time periods and process set out below.
2.1.1 There shall be a Pre- Transition Period, the duration of which shall be between four (4) and six(6) months.
2.1.2. During the pre-transition period: a) The transition institutions of governance as provided for in t he peace agreement shall be established; b) There shall be a cessation of hostilities; c) Mechanisms shall be established to monitor the cessation of hostilities and implementation of the Peace Agreement; d) Preparations shall be made for the implementation of the comprehensive cease-fire; and e) International assistance shall be secured.
2.1.3. The transition period will commence at the end of the Pre- Transition period and shall last for no more than four years, save that this period may be extended with the written consent of both parties to the agreement.
2.1.4. During the period of the Transition: a) The arrangements established in the Pre- Transition period will be operationalized; b) The institutions of governance will be established and governed by the arrangements and principles set out in the Peace Agreement. Thee Peace Agreement shall be enshrined in the National constitution; c) Alternative arrangements for the governance of the Sudan can be negotiated and be the subject of popular consultation; d) The negotiated comprehensive cease-fire will be implemented and international monitoring mechanisms shall be established and operationalized. 2.2. At the end of the Transition Period, the people of the Southern Sudan shall be consulted; this popular consultation shall solicit the views of the Southern Sudanese in regard to the self- determination arrangements as set out in this agreement and / or any alternative arrangements proposed to provide for the governance of the Sudan.
PART C (STRUCTURES OF GOVERNMENT) To give effect to the agreements set out in Part A, the parties, within a framework of a unified Sudan which recognizes the right to self- determination for the people of southern Sudan, hereby agree that with respect to the division of powers and the structures and functions of the different organs of government, the political framework of governance in the Sudan shall be structures as follows:
3.2 Supreme Law The Sudan shall have a national constitution which shall be the supreme law of the land. This constitution shall regulate the relations and allocate the powers and functions between the different levels of government as well as prescribe the wealth sharing arrangements between the same. 3.2 States The Sudan shall be made up of states which shall each have their own democracy constituted government. The Southern Sudan shall also be made up of states which shall Each have their own democratically constituted governments. Southern Sudan shall be defined as the territory the three states that constituted the Southern Sudan on 1st January, 1956.
3.3. National Government There shall be a National government based in a city to be agreed between the parties. The National government shall exercise such functions and pass such laws as must necessarily be exercised by a sovereign state at national level.
3.4 Chamber / Council of State At the national level, there shall be a bicameral legislature. The second Chamber/ Council shall be made up of delegates of state legislatures. The function of the second Chamber/ Council shall be to protect the interests of the states and to implicate the states in the joint management of the whole of the Sudan and to influence national legislation which affects the states. The composition of this Chamber/ Council as shall afford the southern states such representation as is required to grant them the capacity to protect and advance the interests of southern states
3.5 The Regional Government of Southern Sudan Production Aid There shall be established a Regional Government of Southern Sudan which will exercise extensive powers and functions to allow the people of Southern Sudan to control and administer the affairs in the region in which they live. The Regional Government of Southern Sudan shall be organized in a democratic and representative manner and shall operate in accordance with a constitution for Southern Sudan.
3.6. Regional Government Constitution The Regional Government of Southern Sudan shall be entitled to draft its own constitution, which must, however, comply with the requirements set out herein, the Peace Agreement, and the National Constitution.
3.7 Powers and Functions of State, National and Regional Levels of Government. Both the State, Regional and National levels of government (including the Regional Government of Southern Sudan) shall have such exclusive and concurrent powers As shall be agreed by the Parties, and shall exercise residual powers in accordance with principles also to be agreed upon;
3.8 Principles of Government Thee shall be democratic, accountable, responsible, transparent and cost- effective government at all levels.
3.9. Code of Conduct and Ethics for Public Officials There shall be a code of ethics which shall inform the conduct of members of government at all levels.
3.10 Participation in National Government. The people of Southern Sudan, the states of Southern Sudan, and the Regional Government of Southern Sudan shall be entitled to participate in the institutions of the National government, including the central bank, which shall respect the need for representivity and exclusivity in the staffing and management of its agencies, organs, departments and ministries.
3.11 Principles Governing Allocation of Powers The principles governing the allocation of powers between the state level, national level and regional government level shall be: 1. To give full expression to the right of self- determination of the people of Southern Sudan; 2. To recognize the need for the National government to set national norms and standard in respect of matters which affect all states; 3. To introduce accountability in respect of delivery of government services to the people; and 4. To effectively provide for the welfare and development of the people of the Sudan as a whole and acknowledge the common destiny of all the people of the Sudan Production Aid WEALTH SHARING The parties further agree that he above structures of government and objectives must be underpinned by appropriate fiscal, financial and wealth sharing arrangements, and accordingly agreed as follows:
4.1 Equitable Distribution of Revenue between States/ Region The National constitution/ political frame work shall ensure / guarantee an appropriate and equitable distribution of income both as between each state amongst themselves.
4.2 Natural Resources 4.2.1. That National government shall be on behalf of the Nation receive revenues accruing from the exploitation of resources that are agrees as National natural resources. 4.2.2. The National government shall allocate a percentage, as is to be agreed between the parties, of such revenue to the state or region in which the natural resources is located.
4.3 Fiscal and Financial Commission To ensure transparency and fairness both in regard to allocation of nationally collected funds to the state and in determining the amount of revenue collected from natural resources, a Fiscal and Financial Commission shall be established. This body shall be comprises of experts nominated by the various states and the National government of the Sudan.
4.4. Inter- State Commerce There shall be no impediment to interstate commerce or the flow of goods and services, capital, or labour between the states.
4.5 Customs and Excise All income derived from customs and excise taxes whether from airports, waterways, ports, roads or other entry points, shall be pooled and distributed to the states or region on an equitable basis, as determined by the Fiscal and Financial Commission.
4.6. Government Liabilities 4.6.1.Any debts, liabilities incurred by any level of government shall be responsibility of that level of government. 4.6.2. States and the Regional Government of Southern Sudan may borrow money, but only within a national macro- economic framework determined at the national level and approved by the Chamber/ Council of state referred to herein.
4.7. Division of Government Assets. There shall be a fair and equitable division assets. An asset, which shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related (e.g., school buildings to the level of government responsible for education). In the event of a dispute, the parties agree that such dispute shall e referred to a committee comprising a representative of each of the parties involved in the dispute and a mutually agreed expert.
4.8. Accounting Standards and Procedures and Fiscal Accountability. All levels of government shall comply with general accepted accounting standards and procedures. There shall be at both state, Regional and national levels institutions to ensure that funds are distributed according to the agreed government budget, and properly expended having regard to value for money.
4.9. Reconstruction and Development Fund There shall be established a fund to solicit, raise, collected and disburse funds for the reconstruction and rehabilitation of the infrastructure of the South, for the resettlement and reintegration of refugees and internally displaced persons, and to address the legacy of imbalances in regional development. 5. HUMAN RIGHTS AND THE JUDICIARY Acknowledging the need to respect the human rights of all citizens of the Sudan; affirming the equal worth of all its people; mindful of the need to render mindful, accessible and enforceable justice; aware that rights have been a casualty of the conflict, the parties hereby agree as follows:-
5.1. Application of Universally Accepted International Human Rights Standards All internationally accepted human rights will be enshrined in the National constitution.
5.2. Equality before the Law, Due Process and Rule of Law 5.2.1. To guarantee that all citizens of the Sudan wherever they may be in the Sudan shall have equal enjoyment and protection of their human rights, including cultural, religious and linguistic rights, the parties agree the legal system shall ensure the equality of all before the law. 5.2.2. The legal system shall respect, uphold and promote due process and the rule of law.
5.3. Protection of constitution Rights by Independent Judges Enforcement of laws dully passed by legislative bodies of the Sudan whether at national, regional or state level, shall be enforced by means of a judiciary that is qualified, independent and which is accountable to a judicial Service Commission. While courts may adjudicate on the basis of customary and traditional laws, such judgments must be in accordance with the principles of equity and provide that constitutional rights are enforced by a competent independent body
5.4 Constitution Court The parties agree that a national Constitution Court shall be established which will have final jurisdiction in respect of disputes between organs and levels of government and any contradictory provisions of the constitutions.
5.5. Judicial Service Commission The task of the Judicial Service Commission is to approve judicial appointments, hear complaints against judges and approve their dismissal in cases of misconduct or incompetence. Then Commission shall consist of representatives of the legal profession, the judiciary, and nominees of the national, regional and state levels of government.
6. STATE AND RELIGION PART D SECURITY The parties recognize the destructive impact of the war; acknowledge the massive displacement of the Sudanese people; are aware of the disastrous economic, political, and social consequences of the conflict for the Sudan and the region; realize the devastation, loss of life and instability the conflict has caused to Southern Sudan; confirm that the Sudanese people thirst for p[peace and justice; recognize the need to negotiate a comprehensive cease-fire to bring peace to the people of the Sudan; and to provide for a framework for the provision of security for the people of the Sudan and the reassurance of combatants on both sides, and agree as follows:-
7.1. Comprehensive Cease-fire A comprehensive Cease-fire shall be negotiated as part and parcel of these negotiations,. The technical negotiations on the mechanisms a and modalities of the Cease-fire shall begin as soon possible so that the cease-fire can be implemented immediately after the political settlement has been reached. The cease-fire agreement shall deal, inter alia, with restrictions, competence and permitted activities, duties and liabilities, of members of the respective armed forces (including irregular and militia under their control), as well as timetables, geographical locations and related questions in regard thereto. Furthermore it is agreed that assistance of the UN Department of Peace- Keeping Operations shall be solicited in regards thereto. The parties further agree that he cease-fire shall be subject to international monitoring.
7.2. Cessation of Hostilities That pending a comprehensive ceas-fire, a suspension of hostilities shall be agreed to at and appropriate stage of the negotiations.
7.3. Principles of Disengagement That during the transition period the armed forces of the parties or other forces under their control, including irregular troops and militia, shall be disengaged and confined to separate bases. The location of the bases and the extent of the forces to b e so confined shall be agreed between the parties in the comprehensive cease-fire mentioned above.
7.4. Joint Coordinating Military Council During the transition period the parties shall establish a joint Coordinating Military Council, which shall be charged with such functions relating to then control, training ., recruitment, logistical supply, provisioning , and welfare and specify the permitted activities of the forces referred to herein.
7.5. Basis for the Establishment of a National Army After Transition/ Referendum The parties agree that at the end the transition period, efforts will be made to establish a unified national armed force having regard to the need for recruitment and location on territorial basis.
7.6. Reassurance and Treatment of Combatants That the respective defense forces shall be kept informed and reassured in respect of the programme, integration, demobilization, civilian integration and dignified treatment of armed forces.
7.7. Parity of Treatment of Combatants The parties agree that there shall be parity of treatment between members of both armed forces in regard to numeration, medical care and compensation in respect of injuries. The parties shall agree on the number and the precise location of the combatants, including irregular forces and militia, under the control of both sides.
7.8. Demining Both parties’ forces shall offer their full cooperation in demining activities. PART E 8. GURANTEES Recognizing that the goodwill of the parties and the Sudanese people are the ultimate guarantors of the Peace Agreement; acknowledging the need for the Agreement to be underwritten by internal and international guarantees; and wishing to demonstrate their commitment to the faithful implementation of the provisions of the Agreement, the parties hereby agree as follows:-
8.1 Obligations and Duties The Peace Agreement itself shall guarantee as much as possible that t he obligations and duties of the parties under the Agreement are followed.
8.2. Complaints Mechanism A complaints mechanism / body shall be established to enforce the provisions of the Peace Agreement. This body shall be empowered to receive, adjudicate, and act on complaints regarding violations of the Agreement. In this regard, the body shall be empowered to receive complaints from the parties to the Agreement and third parties, such as members of civil society.
8.3. Guarantors and Friendly Nations The parties agree that guarantors- friendly nations and/ or multi- lateral / international organizations- shall be identified and agreed to between them ass to which guarantors shall: i) Be co-signatories of the Agreement; ii) Be requested to provide such financial, logistical, peace monitoring and other forms of assistance; iii) Assist in enforcing the terms of the Peace Agreement by applying agrees sanctions against defaulting party/ parties, inter alia, smart sanctions, travel and visa restrictions, suspension of aid, and residency restrictions.
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