THE 1997 SUDAN PEACE AGREEMENT
Preamble
We the parties to the conflict in Sudan;
Deeply committed to an immediate end to the current armed
conflict through peaceful and political means;
Aware that the attainment of a just and lasting peace requires
courage, statesmanship, political daring and challenging
vision from the parties;
Aware that only a sustainable peace based on justice, equality,
democracy, and freedom can lead to a meaningful development
and progress which would assist in the solution of the fundamental
problems of the
people of the Sudan;
Fully cognizant of the fact that the unity of the Sudan
cannot be based on force or coercion, but on the free will
of the people;
Hereby agree to make and abide by this agreement.
Chapter One
1st Definitions
In this agreement unless the context otherwise requires
the following words shall have the same meanings assigned
to it.
"Southern States" means the ten Southern States
arising from the former provinces of Bahr El Gazal, Equatorial
and Upper Nile with their boundaries as stood on 1st January
1956.
"Interim Period" means the transitional period
having the defined functions to this agreement, the end
of which shall be the announcement of the referendum results.
"Constitution" means the constitution of the
Sudan including such parts or articles of the agreement
as shall be designated to be part thereof.
"Agreement" is this peace agreement signed on
April, 21st, 1997 between the Sudan Government on the one
hand and UDSF, SPLM, SSIG and EDF on the other.
"President of the Coordinating Council" refers
to the person appointed by the President of the Republic
of the Sudan to preside over the Coordinating Council.
"Custom" in the States of South Sudan means the
African Custom.
2nd General Principles:
1- The general principles contained in the political charter
signed in Khartoum on 10th April 1996 shall be part of this
agreement and shall guide and explain its provisions.
2- During a four-year interim period South Sudan shall
enjoy a special status as defined in this peace agreement.
3- The interim arrangements shall be preceded by a declaration
of permanent cease-fire and general amnesty proclamation.
4- The people of South Sudan shall exercise the right of
self-determination through a referendum.
5- The problem of Abyei has been discussed and a final
solution is referred to a conference on Abyei that will
be convened in the area within the interim period.
Chapter Two
1. Agreement
A . Parties to the Agreement:
1- The Government of Sudan.
2- The South Sudan United Democratic Salvation Front (UDSF)
comprising of:- 1)The South Sudan Independence Movement
(SSIM) 2) The Union of Sudan African Parties (U.S.A.P),
and
3- The Sudan People's Liberation Movement (SPLM)
4- The Equatoria Defense Force (EDF), and
5- The South Sudan Independence Group (SSIG).
All represented by the signatories thereunder.
B. Commencement of Agreement:
1- This agreement shall come into force as from the date
of signature by the President of the Republic.
2- This agreement shall be endorsed by the National Assembly
and considered as an organic law, which has the effect
of a constitutional decree.
Chapter Three
Political Issues
2. Constitutional and Legal Matters
1. Religion and the State:
1- Sudan is a multi-racial, multi-ethnic, multi-cultural
and multi religious society. Islam is the religion of
the majority of the population and Christianity and the
African creeds are followed by a considerable number of
citizens.
Nevertheless the basis of rights and duties in the Sudan
shall be citizenship, and all Sudanese shall equally share
in all aspects of life and political responsibilities on
the basis of citizenship.
2- Freedom of religion, belief and worship shall be guaranteed.
3- A suitable atmosphere shall be maintained for practicing,
worship, dawa, proselytization and preaching.
4- No citizen shall be coerced to embrace any faith or religion.
5- There shall be no legislation, which would adversely
affect the religious rights of any citizen.
6- a) Sharia and Custom shall be the sources of legislation
b) On the issue of Sharia, the parties agreed on a formula
under which laws of a general nature that are based on general
principles common to the States shall apply at the National
level provided that the States
shall have the right to enact any complementary legislation
to Federal legislation on matters that are peculiar to them.
This power shall be exercised in addition to the powers
the States exercise on matters designated as falling within
their jurisdiction, including the development of customary
law.
2. The Constitutional Guarantees:
1- The Supreme Court is the custodian of the Constitution
and is thus entrusted with the protection and interpretation
of the Constitution.
2- the Constitution shall enshrine the following principles:
1)There shall be no punishment except as provided for by
the law.
2) Every person is presumed innocent until the contrary
is proved.
3) Litigation before courts is a right guaranteed for every
person.
4) The Constitution shall guarantee the equality of all
citizens before law without any discrimination, no immunity
shall be without law.
5) The Constitution shall guarantee the application of the
Rule of Law.
3- The bill of rights and freedoms shall be enshrined in
the Constitution.
4- Any law or decision that contravenes the Constitution
may be challenged in court by any aggrieved person.
5- All personal matters such as marriage, divorce, parentage
and inheritance shall be governed by the religion and
custom of those involved.
4. Fundamental Rights and Freedoms:
Under the concept of the rule of law the following basic
human rights and fundamental freedoms shall be guaranteed:
1- The right to life and inviolability of the human person.
2- The right to equal treatment irrespective of gender,
race, color, religion or origin.
3- The right of family life and privacy
4- The right to freedom of thought and conscience
5- The right to property
6- Freedom of expression
7- Freedom of movement
8- Freedom of the press
9- Freedom of association and assembly as shall be regulated
by the law.
10- Immunity arbitrary arrest, detention and torture.
11- Freedom of religious worship, preaching, dawa, proselyzation
and religious propagation.
12- Freedom of expression and development of cultures and
languages.
13- All other basic rights and freedoms that are recognized
by and guaranteed under the International Conventions
and Protocols ratified by the Government ofSudan.
5. The Judiciary:
1- The Judiciary in the Sudan shall be independent and decentralized.
2. Every State shall have judicial organ, which is composed
of a Court of Appeal, Province Courts, District Courts
and Local Courts.
3- Appeals from the Court of Appeal shall be submitted to
the Supreme Court.
4- Administration of justice in the State shall be vested
in the State Judicial Organ.
5- Judges at all levels shall be appointed by the President
of the Republic on the recommendation of the High Judicial
Council.
6- Matters related to qualification, emoluments, privileges,
promotions, training, retirements, etc. should be regulated
by law.
6. Democracy:
1- Participatory democracy shall be realized through congress
and national convention or conference.
2- In promotion of participatory democracy the congresses
and national convention shall be organized.
1) To accommodate forums for all citizens.
2) To discourage all forms of intolerance and totalitarianism.
3- The parties to this Agreement shall be guaranteed full
participation in the political and constitutional process
in Sudan.
Power Sharing
A. The Federal Powers
The following powers shall be exercised by the Federal
Institutions:-
1- Foreign Affairs
2- Armed Forces and Defense Affairs
3- Maritime Shipping and Navigation.
4- Currency, Coinage and Bills of Exchange.
5- Federal Budget and Federal Planning.
6- External Communications, External and Inter-State Postal
and Telecommunication services, Civil Aviation and the operation
and maintenance of International Airports.
7- Judiciary.
8- Federal Rail Ways and Inter-State Highways.
9- Weights, measures and determination of time.
10- National Census.
11- Fishing and Fisheries in and beyond territorial waters.
12- Mining.
13- Inter-State Waterways.
14- Federal Election Commission.
15- Customs.
16- External Trade.
17- International Boundaries and Inter-State Boundary Disputes.
18- Meteorological Services.
19- National Security.
20- Federal Legislation:
a) on matters within Federal Powers
b) on matters common to the States.
21- Audit General.
22- Education Planning.
23- Attorney General and Advocacy.
24- National Electricity Network.
25- Federal Taxation.
26- Passports, Immigration, Nationality and Aliens Affairs.
27- Epidemic Control.
28- Emergency Jurisdiction.
B. State Powers:
1- State Security, Public order and good governance.
2- Wildlife, Tourism, Hotels, Inn, .. etc.
3- Land use and conservation without prejudice to the Federal
Policies.
4. Local Government.
5- State Taxes.
6- Agriculture, Forestry and Fisheries including the establishment
of Training Institutions in these fields.
7- Promotion of Languages, Cultures, Folklore, Arts, etc.
8- State Radio, TV, Newspapers and Printing Press.
9- Quarrying.
10- Roads, Water Supply, Hydro-Electric Power.
11- Irrigation and embankment, pastures and their development.
12- Animal Health, Animal Husbandry and Animal Wealth.
13- Libraries and Museums.
14- Industrial and commercial development.
15- Missionaries activities, Charities and Endowments.
16- Specialized Hospitals and Clinics.
17- Establishment of Banks in accordance wit the Central
Bank Policies.
18- State Public Audit.
19- State Electricity Network.
20- State Attorney General.
21- State Legislation.
1) In matters within State Powers.
2)Complementary to federal laws in matters peculiar to the
State.
3) Customary laws.
22- State Economic Development and Planning in accordance
with Federal Planning.
23- Recruitment of Specialized technical expertise in various
fields of development.
24- Health care and Establishment of all types of medical
institutions for treatment and training of qualified
medical personnel.
25- Registration of Birth and Death, and Marriages.
26- Statistics.
27- Scientific Research and Development.
28- Administration of Meteorological Services.
29. Education Management, Planning and Training up to the
Universit level within the Framework of the National
Planning.
C. Residual Powers.
1- The State shall exercise the residual powers without
prejudice to the powers allocated to the Federal authorities.
2- The Federal authorities shall exercise the residual powers
without infringing on powers allocated to the states.
3- In case of dispute over the residual powers between the
State and Federal authority the dispute shall be referred
to the Federal (Supreme) Court.
4. Wealth Sharing:
I- The Federal Government shall lay down a comprehensive
economic and social plan to develop the country in general
and to bridge the gap between the various States in particular,
so that within a definite period, a parity in provision
of basic need such as security, employment, water, food,
education, health and housing could be reached.
2- In order to consolidate the economic policies:
1)The economy in the Sudan shall be based on free market
forces.
2) The Federal Bank of the Sudan shall be responsible for
regulating internal and external value of the Sudanese Currency.
3) There shall be an independent Stock Exchange Bureau for
selling and floating shares, bonds and premiums of companies
and currency regulation to enhance free market economy.
4) There shall be established development projects to promote
and maintain peace and stability among the people of the
Sudan.
3- Major Federal Development projects and big mining and
oil projects shall be considered as national wealth and
be managed on national basis provided that:-
1)The Federal Government shall observe to allocate an
equitable percentage of the Returns to be fixed by the Revenue
Allocation Commission to the State where the project is
located (see annex
3).
2) Ensure participation of the States in the management
of such projects.
3) Ensure recruitment and training of citizens of the State
in order to participate in such projects.
4) Any other fringe benefits.
4- Revenue Allocation Commission shall be established to
recommend revenue sharing formula for the whole country.
The Coordinating Council shall be represented.
5. The Federal Government shall observe the following
for the purpose of distribution of national revenue among
the States and for site selection of major development projects:-
1) Giving priority to the less developed States according
to their state of underdevelopment
2) Economic feasibility of projects and their efficient
functioning.
3) Effect of the project in the realization of self-sufficiency
in the basic needs of the country.
4) Balance relationship between development and density
of population and environment.
5) Establishment of special fund to take care of crash development
programs and maintenance of peace.
6- In the field of rehabilitation of the war affected areas,
the following shall be observed:-
1) The Federal Government and the Coordinating Council shall
work to attract loans and aid from the sisterly and friendly
countries and international benevolent organizations to
rehabilitate the economic projects, which ceased to function
or were damaged because of the war. It shall also work for
the reconstruction of the war-
affected areas and resettlement of returnees and displaced
persons.
2) The Federal Government and the Coordinating Council shall
launch a plan and joint international appeal for the reconstruction,
rehabilitation repatriation and development of the southern
States and other war affected areas.
3) The Coordinating Council shall also establish a relief,
resettlement rehabilitation and reconstruction commission
to manage and administer the resources acquired for the
above purposes.
7- The sources of revenue of the Southern States shall consist
of the following:-
1) State taxes and generated revenue.
2) Fees, excise duties and licenses.
3) Revenue from commercial, industrial and agricultural
projects based in the Southern States.
4) Funds from Federal treasury for established services
in the States until such a time when they become self-reliant.
5) Any development assistance and donations from foreign
sources.
6) Revenue allocation from the Federal Government for socio-
economic development.
7) State share of Federal taxes levied on Federal projects
and services functioning within the Southern States.
8) Business profit taxes.
9) Corporate taxes on factories and agricultural enterprises
in the State, other than Federal ones, established in Southern
States.
10) Property taxes.
11) The share of fees on licenses for mineral and oil explorations
(see annex 3).
12) Profits accruing form the Customs, Airports Services,
Roads, Postal and Telecommunication Services and River Transport
in Southern States shall be allocated to the Rehabilitation,
Reconstruction, and Repatriation Commission.
8- The State Government shall prepare a budget to meet
the expenditure on services, administration and development
of the State to be submitted to the State Legislative Organ
for approval.
9- No project adversely affecting the people, ecology and
natural environment of State may be implemented without
consulting the State Council.
10- The Federal Government and the Coordinating Council
shall encourage and promote foreign investment and procurement
of development assistance for the Southern States and shall
encourage establishment of branches of public sector institutions,
development corporations and specialized banks.
11- The Coordinating Council shall prepare a development
budget for the Southern States and to submit the same to
the President.
5. Participation of the Southern Citizens in the Federal
Institutions
1- Mindful of the present participation of the Southerners
in the Federal Institutions, this
Agreement is putting forward further balanced representation
in the Federal institutions.
2- The participation shall be based on values of efficiency,
qualification, honesty, justice,
responsibility and equality between all the citizens without
discrimination.
3- The Southern citizens shall participate in all Federal,
political and constitutional institutions in
number commensurate to the demands of the interim period
taking into consideration population size and provided that
the criteria for eligibility are met.
4- The Southern citizens shall have the right to participate
in the Federal Institutions as follows:-
1. The Presidency.
2. The Federal Council of Ministers.
3. The National Legislative Assembly.
4. The Federal Defense and Security Council.
5. The Supreme Court.
6. The Federal Planning Institutions.
7. The National Election Commission.
8. Foreign Affairs.
9. The Federal Career Selection Commission.
10. Federal Universities and Research Institutions.
11. The Armed Forces.
12. Any other Federal Institutions.
5- The Federal Career Selection Commission (FCSC) shall
have an office at the seat of the Coordinating Council.
Chapter Four
6 The Interim Period:
a- The length of the interim period shall be four years,
however, it may be shortened or extended if need arises
by recommendation from the Coordinating Council to the President
of the Republic.
b- The Interim period shall commence as from the date of
the formation of the Coordinating Council and shall end
as soon as the referendum is accomplished and the results
are declared.
c- The Coordinating Council shall carry out the following
activities during the interim period:-
1. To assist repatriate, resettle, and rehabilitate the
displaced and the returnees.
2. To reconstruct the war devastated areas.
3. To remove effect of war by clearing mine fields, opening
up roads and water ways.
4. To promote reconciliation, peace and confidence building
amongst the Sudanese citizens.
5. To draw development plans for the Southern States and
solicit funds from national, regional and international
bodies and institutions for implementation of the peace
agreement.
6. To draw a political mobilization plan to strengthen peace
and unity in different parts of the country.
7. To strengthen the Federal rule in the Southern States.
8. To reassemble and train manpower in order to re-establish
the public service in the Southern States.
9. To strengthen the capacity building of the people in
the Southern States to become self-reliant. In this
regard plans shall be drawn to receive support for educational,
health, food security and social services institutions.
10. To educate and mobilize the people of Southern States
on the process of referendum.
11. To provide adequate security in the Southern States
in order to create conducive atmosphere for the referendum.
12. To participate in conducting census in the Southern
States.
13. To assist register voters for the referendum.
Chapter Five
7- The Coordinating Council of the Southern States.
Defintion:-
1- In accordance with this Peace Agreement, there shall
be established a Coordinating Council in Southern States
during the interim period. The Coordinating Council shall
be responsible for coordinating, supervision, sauce-economic
planning, confidence building, peace nurturing, policy-making
as well as political mobilization.
2- The President of the Coordinating Council shall be accountable
to the President of the Republic.
3- The President of the Republic in consultation with parties
signatory to this Agreement shall
appoint the President of the Coordinating Council.
4- The President of the Coordinating Council in consultation
with Southern political forces shall
recommend his cabinet including the Governors (Walis) to
the President of the Republic for appointment.
5- . The Ministers in the Coordinating Council shall enjoy
status of Federal Ministers.
6- The Governors of the Southern States in consultation
with the political forces in their respective States shall
recommend appointment of members of their governments including
commissioners to the President of the Coordinating Council
who shall pass the same to the President of the Republic
7- Until the atmosphere is conducive for elections of State
Assemblies to take place, the President
of the Coordinating Council in consultation with the political
forces shall recommend to the President of the Republic
new member of legislative assemblies in the Southern States
for appointment.
8- The Coordinating Council shall act as a link between
the Federal Government and the Southern States.
9- The Coordinating Council has the right to choose its
seat.
Functions of the Coordinating Council:
The Coordinating Council shall have following functions:
1- General Supervision of the implementation of this peace
agreement as well as all peace matters.
2- Voluntary reparation of the returnees, and the displaced,
rehabilitation and reconstruction of war affected areas
in the Southern States.
3- Ensuring confidence building measures among the Sudanese
Cities.
4- To embark on mobilization of the people there in for
the referendum.
5- Legislative Functions:-
1) The Coordinating Council shall establish an Advisory
Council for perfection of the legislative process.
2) The Coordinating Council shall coordinate legislation
with the Southern States Legislative Assemblies in matters
common to these States.
3) The Coordinating Council may request adjournment of any
legislation tabled in the National Assembly if deemed to
adversely Coordinating Council presents its opinion.
6- Encourage establishment and supervision of foreign consulates,
UN agencies and NGOs in South Sudan in coordination with
the Federal organs concerned.
Powers of the Coordinating Council:
The Coordinating Council shall exercise the following powers:-
Devolved Powers:
1. Education planning up to University in accordance with
National policies.
2. Planning and supervision of Southern States security,
public order and good governance.
3. Economic development and planning in accordance with
National policies.
4. Planning and programming for electricity network and
other public utilities in the Southern States.
5. Organization of scientific research, technological,
industrial and commercial development.
6. To conduct International agreements on culture, trade,
including border trade, and technical co-operation, the
procurement of foreign capital investment and development
assistance from governmental and non-governmental
organization (NGOs) in coordination with the Federal organs
concerned.
Concurrent Powers:
The Coordinating Council shall exercise the following powers
concurrent with the Federal organs:-
1. Planning for survey and land disposition.
2. Planning and supervision of the Public services in the
Southern States.
3. Organization of States Elections and Census.
4. Drawing of environmental conservation policies.
5. Cultural planning and regulation, supervision of Radio,
TV, newspaper and printing press.
6. Supervision of trade union disputes.
7. Audit within the Audit General
8. Establishment of banks.
9. Air, land and river transport, portal services and Telecommunication.
10. Copy rights, patents and publishers rights.
5- In addition to the above-devolved and concurrent powers,
the President of the Republic and any Federal Ministry or
Federal Organ may delegate powers to the Coordinating Council
for policy, planning and general supervision in Southern
States.
6. The Coordinating Council shall receive regular reports
from the Government and other Institutions of the Southern
States and shall report the same to the President of the
Republic.
7- The Coordinating Council shall take over the responsibilities
and functions of the Supreme Council for Peace and its organs.
8- The Coordinating Council membership shall be as follows:-
1. The President of the Coordinating Council.
2. The Vice President of the Coordinating Council and Minister
of Local Government Affairs and Public Security.
3. Minister for Cabinet Affairs.
4. Minister for Economic Planning and Financial Affairs.
5. Minister for Education and Instruction Affairs.
6. Minister for Legal Affairs.
7. Minister for Public Service and Labor.
8. Minister for Information, Culture and Social Affairs.
9. Minister for Agriculture and Natural Resources.
10. Minister for Health Affairs.
11. Minister for Peace and Political Mobilization.
12. Minister for Wildlife Conservation, Tourism and Environmental
Control.
13. Minister for Engineering Affairs and Public Utilities.
14. Minister for Humanitarian Affairs and Rehabilitation
15. Minister for Commerce, Supplies and Industry.
9- Besides the members mentioned above the Governors (Walis)
of the Southern States shall be members in the Coordinating
Council by virtue of their post.
I0- There shall be established in Southern States a Relief,
Rehabilitation, Resettlement Repatriation Commission (SSRRRRC)
which shall be supervised by the Minister of Humanitarian
Affairs.
11- The Coordinating Council shall prepare its annual budget
to be submitted to the President of the Republic.
I2- The Coordinating Council shall issue regulations to
direct it's activities and specify the functions, duties
and roles of its various departments.
13- The President of the Coordinating Council shall recommend
to the President of the Republic relief from office, acceptance
or rejection of resignation of any member of the Coordinating
Council including the Governors.
14- The State Governors shall recommend to the President
of the Coordinating Council relief from office, acceptance
or rejection of resignation of any member of the State Governors
including commissioner. The President of the Coordinating
Council shall pass the same to the President of the Republic
for approval.
Chapter Six
8- Security Arrangements During Interim Period
1- The South Sudan Defense Force (SSDF) shall remain separate
from the National Army and be stationed in their locations
under their command.
2- Police, Prisons, Wild Life, Civil Defense, Fire Brigade
and public Security in the Southern States shall be drawn
from the people of Southern Sudan.
3- The size of the Sudanese Armed Forces in South Sudan
reduced to peace time level once peace is established.
4- Joint Technical Military Committee of equal numbers
shall be constituted from the Sudanese Armed Forces on one
hand and the (SSDF) on the other for the purpose of supervision
and implementation of the security arrangements in this
agreement (see Annex 1).
5- The Joint Technical Military Committee shall oversee
and supervise the activities of the Cease-fire Commission
and peacekeeping observers.
6- The Joint Technical Military Committee shall coordinate
with the Army General HQs provision of supplies, training,
armament, emoluments and other facilities for the SSDF.
7- Joint Military Cease-fire Commission shall be established
to monitor cease-fire violations and the disengagement of
troops in Southern States (Annex 1).
8- The Movement of the armed parties shall be coordinated
and controlled by the Joint Technical Military Committee,
and its subcommittees (Annex 1)
9- In accordance with this agreement the President of the
Republic of the Sudan shall declare
general amnesty to members of SSDF from any criminal or
civil culpability relating to acts committed during period
of the war with effect from the date of signing this Peace
Agreement (see Annex 2).
10- There shall be established a Joint Amnesty Commission
to follow up the implementation of the General Amnesty Proclamation
(see Annex 2).
11- War wounded, widows, orphans and other war victims
shall be rehabilitated with assistance from national, regional
and international agencies.
12- The annexes are considered as guidelines with a degree
of flexibility to the said committees/commission.
Chapter Seven
9- Referendum
1- By this Agreement the right of the people of Southern
Sudan to determine their political aspiration and to pursue
their economic, social and cultural development is hereby
affirmed.
2- The people of Southern Sudan shall exercise this right
in a referendum before the end of the interim period.
3- Options in the referendum shall be:
1) Unity
2) Secession.
4- Referendum shall be free, fair and be conducted by a
Special Referendum Commission (SRC) to be formed by a Presidential
Decree in consultation with the Coordinating Council.
5- Eligible voters for the referendum shall be Southern
Sudanese People who attained the age of eighteen years and
above residing inside and outside of South Sudan.
6- The vote shall be by secret ballot.
7- To ensure free and fair conduct of the referendum, the
SRC shall invite observers as follows:-
1) OAU, Arab League, UN, Religious bodies, IGAD, National
and foreign NGOs and any other countries.
2) National and international media and journalists.
8- The parties agree to respect, abide by and implement
in good faith the result of the referendum.
Chapter Eight
10- Final Provisions.
1- Language:
Arabic is the official language of the Sudan, English is
the second language in the Sudan. The Government shall endeavor
to develop other languages.
2- Amendment of Agreement:
1) No amendment bill on this Agreement shall be presented
to the National Assembly without consulting the Coordinating
Council.
2) For amendment on this agreement the Coordinating Council
may present its petition to the
President of the Republic provided that such a bill is passed
in the Coordinating Council by two third majorities.
Signed
For the Sudan government
LT. General
El Zuber Mohammed Saleh
Vice President
For United Democratic Savation Front (UDSF) And South Sudan
Independence
Movement/Army (SSIM/A)
Cdrr. Dr. Riek Macher Teny D.
Chairman & C-in-C (SSIM/A)
Vice President
For Sudan People's Liberation Movement (SPLM/A)
Cdr. Karubino Kawanyn Bol
Chairman C-in-C (SPLM/A)
For South Sudan Independents Group (SSIG)
Cdr. Kawac Makwei
Chairman C-in-C (SSIG)
For Equatoria Defense Force (EDF)
Dr. Thiopholus Ochang Loti
Chairman C-in-C (EDF)
For Union Of Sudanese African Parties (U.S.A.P)
Mr. Samuel Aru Bol
Chairman (U.S.A.P)
For Bor Group
Arok Thon Arok
Chairman
ANNEXE 1 Agreement on the Cessation of Hostilities and
Cease Fire Between South Sudan Defence Force (SSDF) and
the Government of the Sudan Armed Forces
In pursuance of the Political Charter of 10th April 1996,
the following Agreement for the total cessation of hostilities
and permanent cease- fire is hereby concluded and declared.
1- Definitions:
In this agreement the following words shall have the meanings
hereinafter assigned to them.
1. The "Parties" means the parties to the cease-fire
agreement that are the Government of the Sudan represented
by the Sudanese Armed Forces on one hand and the United
Democratic Salvation Front (UDSF), SPLM, SSIG and EDF represented
by SSDF on the other.
.2. The "Joint Technical Military Committee" means
the Joint Technical Military Committee consulted from officers
of Sudanese Armed Forces and SSDF under Article 3 below.
3. "Joint Cease-fire Commission" means Joint Cease-fire
Commission, established under Article 4 below from officers
of the Sudanese Armed Forces and SSDF.
2- Cessation of Hostilities and Cease-Fire
1. There shall be total cessation of all forms of hostilities
amid a permanent Cease-Fire in all areas of conflict effective
as from ______Hours, ________, 1997;
2. The parties shall promote peace through mass media, public
rallies, conferences, seminars, etc.,
3. The parties shall refrain from any propaganda or information
policy that is inconsistent with the process of peace;
3- Joint Technical Military Committee
1. The parties shall constitute a Joint Technical Military
Committee from capable officers of the parties as follows:
a. Five (5) officers from each side;
b. Other support staff;
c. Headquarters.
d. The Chairmanship shall alternate for three months
2. The HQ of the Joint Technical Military Committee shall
be in Khartoum at the General Military Headquarters.
3. Duties of the Joint Technical Military Committee
a. To supervises the work of the Joint Cease-Fire Commission;
b. To deal with any administrative matters connected with
implementation of the Cease-Fire; and
c. Any other relevant matters pertaining to the implementation
of the security arrangements.
4. Decisions of the Joint Technical Committee shall be taken
unanimously and in case of disagreement such matters shall
be referred to the leadership of the parties.
4- The Joint Cease-Fire Commission
a. Composition It shall be constituted by the parties as
follows:
a. Ten officers from each side;
b. The Chairmanship shall alternate for three months period.
The HQ of the Joint Cease-Fire Commission shall be at the
headquarters of the Coordinating Council and shall have
local branches at each State, Province and Local Council
levels in the areas affected by the conflict.
5- Duties of the Joint Cease-Fire Commission
1. To ensure that the Cease-Fire is enforced and consolidated;
2. To constantly observe and report any breaches of the
Cease-Fire;
3. To investigate alleged violations of the Cease-Fire and
to take appropriate measures;
4. To send regular reports to the Joint Technical Military
Committee on the general military and security situation;
5. To supervise local Cease-Fire Committees at State, Province
and Local Council levels.
6- Local Cease-Fire Commissions
1. There shall be established local Cease-Fire Committees
at the State, Province or Local Council levels in areas
where SSDF and Sudanese Armed Forces are in close contact.
2. Each local Cease-Fire Committee shall consist of seven
(7) members and shall be formed by the Joint Cease-Fire
Commission, and its members may be drawn from Military personnel,
civil administrators, chiefs and
community leaders.
7- Acts that are Prohibited
As of that date in which the Cease-Fire and the cessation
of hostilities comes into effect the forces of the parties
to the agreement and any allied militia shall refrain from
the following:
1. Hostile military operations against each other by means
of forces or individuals under control;
2. Acts of terrorism, sabotage or harassment against each
other;
3. Acts of violence against the civil population;
4. Interference with free movement of the civil population
and services or looting of their property; and
5. Any hostile conduct which is inconsistent with the spirit
of peace and stability.
8- Free Movement of Forces
1. Subject to the prior notification of the Joint Cease-Fire
Commission, forces of the parties shall enjoy freedom of
movement in areas controlled by each side whether as military
units or as individuals for any of the following purposes:
a. To carry out troops rotation or relief;
b. To carry out liaison and coordination activities between
command and units on the move;
c. To deliver logistical supplies; and iv) To go on leave
or seek medical care or for other humanitarian reasons.
2. After receiving notification of troops movement the
Joint Cease-Fire Commission or the Local Cease-Fire Committee,
as the case may be, shall acknowledge the information and
shall transmit the same to the
next higher authorities for information and record. Individual
members of SSDF and the Sudanese Armed Forces exercising
the freedom of movement for family, humanitarian or whatever
reasons, for which they have been
granted permission by their military units, must carry the
necessary departure orders duly signed by the commanders
of their units.
3. The Joint Cease-Fire Commission shall systematically
evaluate the progress being made in ensuring compliance
with the Cease-Fire agreement. If it notes that a situation
is developing which might result
in a crisis, it shall draw such conclusions and make recommendations
as may be necessary to prevent a collapse of the Cease-Fire
or a crisis of public order. It shall transmit its conclusions
and recommendations to
the Joint Technical Military Committee and subsequently
to the leadership of the parties.
Annexe 2 General Amnesty Proclamation Order 1997:
The parties agree that the President of the Republic of
Sudan shall declare a general and unconditional amnesty
for all offenses committed between 16th May 1983 through
.........., 1997 in accordance with the common will of the
people of the Sudan.
1. The general and unconditional amnesty shall cover the
period from 16th May 1983 to .........., 1997 to all (SSDF)
forces, to the effect that nobody shall be prosecuted or
punished for acts or omissions committed during this period.
2. No action or other legal proceedings whatsoever, civil
or criminal, shall be instituted against any persons in
any court of law or any place for, or on account of, any
act, omission or matter done inside or outside Sudan as
from 16th May 1983 to .......... 1997, if such act or omission
or matter was committed by any member of (SSDF).
I. Civil Actions:
All civil suits instituted before .........., 1997, relating
to acts committed or matters referred to in Article 2 above
or as scheduled in Article 8 in this Proclamation Order
are covered by this amnesty and shall be discharged and
made null and void.
2. Discharge of Prisoners and Detainees:
All persons serving terms of imprisonment or being held
in detention in respect of offences committed in relation
to the war or persons being detained or sentenced to imprisonment
for political or politically-motivated crimes, and falling
within the offences mentioned in the schedule in Article
8 below shall be discharged and set free from the day of
signature of this Proclamation.
3. Freedom of Movement:
There shall be freedom of movement of people, goods and
services throughout the Sudan. The relevant authorities
shall Implement this provision accordingly.
Joint Amnesty Committee:
1. The parties shall set up an ad hoc Joint Amnesty Committee
to follow up implementation of the provisions of this Amnesty
Proclamation and shall compile and report about all those
persons who were in prison
or under detention, whether civilians or military personnel,
and who should have been released in response to the terms
of the amnesty, and the degree of freedom of movement of
persons, goods, and services inside
Southern States.
2. The members of the Joint Amnesty Commission shall be
drawn from the parties to the conflict and members of the
National Human Rights groups.
3. The Joint Amnesty Commission shall be composed of three
from each of the parties.
4. Special Amnesty Tribunal:
I. The parties shall set up special tribunal with judicial
powers to receive, examine and determine cases which are
covered by this Amnesty Proclamation.
2. The tribunal shall be composed of three persons from
each party.
5. Schedule of offences covered by the Amnesty:
The undermentioned are offences covered by the Amnesty
Proclamation Order covering the period from 16th May 1983
through .......... 1997.
1. Treason.
2. Mutiny
3. Desertion.
4. Defamation.
5. Any other political and war-related offences committed
during the above-mention
Annex 3 Guidance for Revenue Allocation Commission
1. Table for Allocating Resources
S/No. 1
Sources of Income: Oil Revenue
Federal Union: 25
Coordinating State %: 35
Council %: 40
S/No. 2
Sources of Income: Mining of Metals
Federal Union: 25
Coordinating State %: 35
Council %: 40
S/No. 3
Sources of Income: Customs
Federal Union: 25
Coordinating State %: 35
Council %: 40
S/No. 4
Sources of Income: Federal Taxes
Federal Union: 60
Coordinating State %: 15
Council %: 25
S/No. 5
Sources of Income: Public Corporation
Federal Union: 25
Coordinating State %: 35
Council %: 40
S/No. 6
Sources of Income: Other Sources of Revenue
Federal Union: 25
Coordinating State %: 35
Council %: 40
2. Experience of the National Fund for States Support.
3. Nigerian Experience and any other Similar Country experience.
**********************************************************************
THE NUBA MOUNTAINS PEACE AGREEMENT
In the same framework of the Sudan Peace Agreement concluded
on 21.4.1997, a separate peace agreement has been signed
between the Government of Sudan and the Nuba Mountains United
SPLM/A. The then Secretary-General of the Supreme Council
for Peace, Republic of the Sudan Mr. Mohammed El-Amin Khalifa
has signed the agreement on behalf of the Government, while
Commander Mohammed Haroun Kafi Aburass chairman of SPLM/A
Nuba Mountains Central Committee has signed on behalf of
Nuba Mountains United SPLM/A. The most outstanding significance
of this agreement is that it recognised for the first time
since Sudan
independence in 1956, the fact that there has been a long-standing
problem in the Nuba mountains area. This agreement is based
upon the "Declaration of Principles" agreed upon
by the two parties on 31.7.1996
in Nairobi, Kenya. Hereunder is the text of the above mentioned
Declaration of Principles :
Declaration of Principles For the Resolution of the Nuba
Mountrains' Problem (Sudan)
Out of our conviction that both peaceful and political
dialogues are the ideal, and appropriate means for resolving
all the Sudan's conflicts and problems. Having realized
and acknowledged the fact Nuba Mountain's state problem
is one of the Sudan's historical and long standing problems
that requires a solution through an objective and constructive
dialogues between the concern parties so as to create a
conducive atmosphere and a peaceful co-existence as well
as achieving a prosperous future for the Nuba Mountains
state. - And in recognition of the parties to the peculiarity
and the unique nature of the solution of the Nuba Mountains'
state problem in comparison to that of any other regions
in the Sudan.- And in recognition of those efforts exerted
by the region's
sons internally and externally, the parties referred to
hereafter declare, commitment to the following principles
as means for reaching a final and ever lasting just solution
for this problem in question:-
1. To recognize that there has been a long-standing problem
in the Nuba Mountains state which has led to the armed struggle
since 1984.
2. The parties, therefore confirm their commitment to the
peaceful and political solution channelled through constructive
dialogue as an ideal means to solve all the Sudan's problems,
conflicts and disputes.
3. The two parties have acknowledged their abiding and!
observing the unity of the Sudan with its geographical and
political borders of 1956.
4. The parties have acknowledged the importance and necessity
of taking stand and a vision of the problems from regional
perspective and within the frame of a united Sudan as the
ideal means for solving the Nuba Mountains state question
far from that of the SPLM/A of Dr. John Garang's faction.
5. The parties have agreed to consider the political charter
"10th of April 1996" as a general frame for solving
and as a ground for embodying the rest of Sudan's problems
and questions of a national nature.
6. The sharia and the customary laws shall both be equally
the legislative sources of the Nuba Mountains state, in
addition the region has the right to legislate complementary
laws to those federal ones on questions and problems peculiar
to the Nuba Mountains state.
7. Citizenship, shall be the basis for the rights and duties
that include freedom, equality, justice and human rights.
8. The parties acknowledge, and are self-committed to principles
of the religious and faiths right, including creation of
a peaceful, satisfactory and conducive atmosphere for worshipping,
preaching and practices. Without forcing any citizen to
believe/ accept any faith or religion contrary to his/her
will.
9. The parties acknowledge the federal system as a vehicle
of governance that can provide the region's citizens with
their rights to participate in the administration of their
regions affairs and its development, together with their
balanced and full participation in the federal power.
10. Powers and resources are shared on equal and just basis
between the Nuba Mountains state and the federal government,
details shall worked out by the two parties in separate
protocol.
11. Eradication of any and all kinds of socio-economic,
cultural injustice and grievances. That include any agricultural,
none agricultural and other lands which have been unfairly
distributed or owned, headed by agricultural schemes reforms
and redistribution in a way that preserves respect of the
natives and avail greater opportunity and priorities for
the indigenous people of the area to invest and develop
their land.
12. To join efforts for eradication of all kinds of backwardness,
illiteracy and ignorance which have caused such situation
of injustice and grievances. This alongside with the designing,
implementation and execution of a special development programme
for the Nuba Mountains state in a such a way that achieves
equitable development between the Nuba Mountains state and
other regions in the country for a purpose of achieving
the region's welfare.
12. The government of the Sudan shall abide and undertake
a special humanitarian programme for relief, reconstruction,
rehabilitation and resettlement for solving and dealing
with all kinds of negative effects
shortcomings resulting from the war. This shall also include
an emergency crush programme for facing the humanitarian
urgent and needs, such as the relief and otherwise as appropriate.
14. To acknowledge the local cultures and their development
as well as to support equal opportunities to reflect them
and be expressed within other cultures of the people of
the Sudan in all fora mass of expression accredited by both
the Nuba Mountains state and federal government.
15. The war has badly and effectively led to the destruction
of the natural resources, environment and gross violation
of human rights in the Nuba Mountains state. The two parties
therefore, undertake to deal with these negative effects
resulted during the twelve-years war.
16. The parties have asserted the unity of the Sudan, condemnation
and rebuff of the tribal acts and practices. The parties,
therefore undertake assurance of the democratic rights of
the people of the Nuba Mountains state for achieving and
gaining their national and regional just rights, equal and
identical within the framework of the united Sudan. This
in the eve of any political changes without having any influence
from internal and external forces.
17. There are some issues outside the armed conflict and
disputes which has been agreed upon by the parties. Such
issues have been dealt with in a separate document attached
to this declaration.
18. The two parties shall work together in developing a
detailed programme for the general principles mentioned
in this declaration. This shall be implemented by joint
efforts which shall be required for mobilization towards
achieving of these principles ending the war in order to
realize the comprehensive peace and stability.
Note: attached is the document referred to in article 17
Engineer Ismail Ali Saadeldin
Deputy Chairman of Central Committee of the Sudan Peoples
Liberation Movement and Peoples Liberation Army, Nuba Mountains
and Chairman of its Negotiations Team.
Ahmed Mohamed Haroun
Director General of Peace Resettlement Administration, South
Kordofan and Chairman of Government of Sudan Negotiations
team.
Nairobi, Kenya. 31/7/1996
Witnessed By
Central Committee of SPLA/M Nuba Mountains
Engineer Abdelbagi Hamdan Kabeir
Secretary of Foreign Affairs and the Spokesman.
2. Eng. Rizigallia Bakhat Kahmis Agriculture, Natural Resources
and Environment Secretary
3.Dr. Amar Jadelkarim Mahmmoud Secretary of Health Affairs
4. Cdr.. Akasha Alsaid Akasha Secretary for Humanitarian
Affairs and Social Welfare
5. A/Cdr. Eltaj Eltigani Arwa
6. A/Cdr.. Nasreldin Haroun Kafi Aburass.
Sudan Government Delegation
1 Ismail Digles Nejar Deputy Secretary General for South
Kordofan State Government.
2. Musa Somi Raiimataiia Chairman of Peace Committee Council
in South Kordofan State
3. Ahmed Musa Harin Member of National Council
4. Hassan Kunda Toruba Member of the Supreme Council for
Peace
5. Rev. Yunthan Hammad Kuku Member of the Supreme Council
for Peace
Accreditation:
Cdr. Mohamed Haroun Kafi Aburas Chairman of SPLA/M Nuba
Mountains Central Committee
(R) Brig. psc Hamad Abdeikarim Elsaid Minister of Finance,
South Kordofan State and head of Government of
Sudan Delegation
Nairobi, Kenya. 31/7/1996
The Sudan government delegation in its negotiation with
the SPLM/A Nuba Mountains Central Committee has taken notice
of the report which has been prepared by Dr. Abdel aati
Badr Suleiman, Deputy Chairman of the
Production Unit of the International Atomic Energy Agency
(report attached in two languages) about the existence of
an atomic radiation in Miri dam and its extensions around
Kadugli town. On this respect, the
Sudan government delegation declares its undertaking to
work side by side with the SPLM/A Nuba Central Committee
and specialized authorities for all necessary arrangements
and procedures dealing with that report.
The delegation, therefore values very much the tremendous
effort made by the member of SPLM/A Nuba Mountains Central
Committee, for finding and acquiring this important document.
Signed by:
Eng. Rizigall Bakhat Khamis
Secretary for Agriculture, Natural Resources and Environment,
Central Committee, SPLM/A Nuba Mountains.
(Eng. Abdel Bagi Hamdan Kabeir on behalf of Eng. Rizigall
Bakhat Khamis)
Ahmed Mousa Harin Member National Council, Sudan Government
Delegation
Nairobi, Kenya. 31/7/1999
**********************************************************************
THE FASHODA PEACE AGREEMENT
The delegations of the Sudan Government and the Sudan People's
Liberation Movement (SPLM-United) met in Fashoda on 18-20
September 1997 under the mediation and chairmanship of His
Majesty Reth Kwongo Dak
Padiet, the Reth of the Shilluk. The opening session was
addressed by His Majesty the Reth of the Shilluk, Dr. Riek
Machar Teny, President of the Co-ordinating Council on behalf
of the Government of the Sudan, and Dr. Lam Akol Ajawin,
Chairman of the SPLM - United on behalf of the Movement.
The two parties discussed the Sudan Peace Agreement of April
21, 1997. After serious and frank discussions the two parties
agreed on
the following amendments and additions to the said agreement.
1. The SPLM-United shall be guaranteed full legality of
status and participation in the political and constitutional
processes in the Sudan during the interim period.
2. The parties to the agreement shall have the right to
freely propagate their respective options in the referendum
among the people.
3. The 14th Constitutional Decree may not amended except
by (2/3) two thirds majority of the Co-ordinating Council
and confirmed by a joint session of the advisory council
and the ten Southern States' Assembly in
a meeting to be held for that purpose at the seat of the
Co-ordinating Council.
4. The office of the President of the Co-ordinating Council
shall fall vacant on:-
1) The end of the term of office.
2) Death
3) Permanent disability or incapacitation.
4) Resignation.
5) A motion of impeachment is carried by three quarters
of the Advisory Council.
Signed
1. Cdr. James Gatduel Gatluak Vice Chairman of SPLM - United
1. Mr. Musa el Mek Kur Minister of Animal Resources, Sudan
Government.
2. Cdr. Akwoch Mayong Jago Secretary for Military Affairs.
2. Major General Bushra Osman Yousif Upper Nile Military
Cdr.
Witness
His Majesty Reth Kwongo Dak Padiet, The Reth of the Shilluk
Fashoda, Upper Nile State, 20 September 1997
**********************************************************************
THE WUNLIT DINKA-NUER COVENANT
Dinka-Nuer West Bank Peace and Reconciliation Conference
Wunlit, Bahr el Ghazal, Sudan
27 February - 8 March 1999
Dinka and Nuer Chiefs, church, civil and community leaders,
elders, women and youth have met in a peace and reconciliation
meeting in Wunlit, Bahr el Ghazal, Sudan under the auspices
of the New Sudan Council of Churches (NSCC). We have established
this Covenant of peace and reconciliation and declare an
end to seven and a half years of intense conflict.We the
participants hereby make and adopt the following Covenant
and pledge ourselves to observe and implement it scrupulously
and conscientiously in keeping with the solemn vows of peace,
reconciliation and familial co-existence. We initiated our
Conference with the sacrifice of the White Bull (Mabior
Thon/Tu-bor) and have sealed the Covenant in Christian worship
and traditional sacrifice.
We declare the following:
All hostile acts shall cease between Dinka and Nuer whether
between their respective military forces or armed civilians.
A permanent cease-fire is hereby declared between the Dinka
and Nuer people with immediate effect.
Amnesty is hereby declared for all offences against people
and property committed prior to 1/1/99 involving Dinka and
Nuer on the West Bank of the Nile River.
Freedom of movement is affirmed and inter-communal commerce,
trade, development and services are encouraged.
Local cross-border agreements and arrangements are encouraged
and shall be respected.
It is hereby declared that border grazing lands and fishing
grounds shall be available immediately as shared resources.
Displaced communities are encouraged to return to their
original homes and rebuild relationships with their neighbours.
The spirit of peace and reconciliation this Covenant represents
must be extended to all of southern Sudan.
All Resolutions adopted by the Conference are hereby incorporated
into this Covenant. We appeal to the SPLM/A and the UDSF/SSDF
to endorse, embrace and assist in implementation of this
Covenant and its
Resolutions. We appeal to the International Community to
endorse, embrace and assist in implementation of this Covenant
and its Resolutions.
Official version: 10 March 1999
**********************************************************************
THE 1999 HOMELAND CALL
On the 25th of November 1999, and in response to an initiative
by H.E President Ismail Omar Gaili of the Republic of Djibouti,
H.E President Omar Hassan Ahmed Al-Bashir met with Sayed
Alsadig Al-Mahdi in Djibouti
to discuss means of enhancing national reconciliation in
the Sudan. H.E president Ismail Omar Gaili attended the
meeting. Both parties agreed on a declaration of principles
for realizing a comprehensive political solution in the
Sudan according to the following
First: Peace Agreement
Parties to the conflict adopt and commit themselves to
end the civil war and conclude a just peace agreement based
on the following:
1 Citizenship shall be the basis for constitutional rights
and duties.
2 No particular national group of citizens shall be privileged
because of ethnic, cultural or religious affiliation.
3 International human rights charters and covenants shall
be adhered to.
4 Recognition of the religious, cultural and ethnic multiplicity
of the Sudan.
5 The country shall be ruled on federal basis with equitable
devolution of powers between the center and states.
6 Qualifications and professionalism shall be the basis
of assuming' offices at national institutions. Special consideration
shall be given to the least developed states.
7 Just participation in power at all levels and wealth sharing.
8 Elimination of the effects of the civil war and building
of confidence among Sudanese people leading to realization
of voluntary unity.
9 These procedures shall be completed within an interim
period of four years, at the end of which a referendum shall
be held for Southern Sudan with its 1956 borders, to choose
either voluntary unity with decentralized powers to be agreed
upon or secession.
10 Resolving Nuba Mountains and Ingassana Hills questions
in a manner that meets their respective demands for power
and wealth sharing within the framework of the united Sudan.
Second: System of Governance:
1 Sudanese political forces shall be committed to pluralistic
democratic system that guarantees human and basic freedoms.
2 The democratic system that suits Sudan is the federal
presidential system that defines federal and state powers
and separates between constitutional authorities.
3 Religious and cultural multiplicity in the Sudan shall
be considered for coexistence and shall
be included in the guiding principles of the constitution.
4 Commitment to realize sustainable development as a national
goal for building infrastructure, social development and
free market mechanism to attain social justice.
5 Identify and address all grievances.
Third: Regional and International Relations:
1 The establishment of special relations with neighboring
countries having interdependent interests with the Sudan
to maintain developmental stability and security.
2 Sudan's International relationships shall be based on
principles of international cooperation, consolidation of
international security, peace and legitimacy.
Fourth: Political System:
1 The national initiative constitutes the axis of Sudanese-Sudanese
dialogue and understanding and it works for boosting efforts
and comprehensive political solution through IGAD and the
joint Egyptian-Libyan initiatives.
2 Efforts shall be exerted for making the Libyan-Egyptian
initiative a success and speeding up the convening of the
all-party conference as soon as possible.
3 Affirming the support for IGAD initiative, being one by
neighboring countries concerned with the Sudanese affairs,
and their role for realizing, peace in the Sudan.
4 Underling the importance of coordinating between the two
initiatives through a Sudanese-Sudanese dialogue and the
agreed upon declaration of principles.
This agreement represents the aspirations and hopes of
our Sudanese peoples to achieve peace, democracy and stability.
We herewith urge all the political forces to support this
declaration for comprehensive political solution and join
and boost it in order to realize unity, peace and agreement.
We also appeal to all brothers and friends to support the
achievement of national accord among all Sudanese.
Finally we would like to extend our thanks to H.E President
of the republic of Djibouti, Ismail Omar Gaili, for his
honorable initiative, hospitality and appreciated efforts
for concluding this agreement.
Dr Mustafa Osman Ismail
Minister of External Relations
Republic of the Sudan
Mubarak Abdallah Alfadil
Secretary for Foreign Relations
Umma Party
