Declaration of Principles for the Resolution of the Nuba Mountains’ Problem

Country/entity
South Sudan
Sudan
Southern Kordofan - Blue Nile - Abyei
Region
Africa (excl MENA)
Agreement name
Declaration of Principles for the Resolution of the Nuba Mountains’ Problem
Date
31 Jul 1996
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Kordofan - Blue Nile - Abyei process
Parties
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.
Third parties
WITNESSED BY: CENTRAL COMMITTEE OF SPLA/M NUBA MOUNTAINS Engineer ABDELBAGI HAMDAN KABEIR
Secretary of Foreign Affairs and the Spokesman, 2. ENG. RIZIGALLLA 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 BY: CDR. MOHAMED HAROUN KAFI ABURASS
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
Description
-


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people
Groups→Indigenous people→Rhetorical
Page 2, 1. 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.
Other groups

No specific mention.

Refugees/displaced persons
Groups→Refugees/displaced persons→Substantive
Page 3, 13. 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 urgents and
needs, such as the relief and otherwise as appropriate.
Social class

No specific mention.


Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)
Page 2, 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.

Page 2, 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.

Page 3, 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.

Page 3, 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.
State configuration
Page 2, 3. The two parties have acknowledged their abiding and observing the unity of the Sudan with its geographical and political borders of 1956.
Self determination

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation

No specific mention.

Cross-border provision

No specific mention.


Governance

Political institutions (new or reformed)

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

No specific mention.

Traditional/religious leaders

No specific mention.

Public administration

No specific mention.

Constitution

No specific mention.


Power sharing

Political power sharing
Power sharing→Political power sharing→General
State level
Page 2, 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.

Page 2, 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.
Territorial power sharing
Power sharing→Territorial power sharing→Autonomous regions
Page 2, 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.

Page 2, 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.

Page 2, 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.
Economic power sharing
Power sharing→Economic power sharing→Sharing of resources
Page 2, 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.
Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general
Page 2, 1. 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.

Page 2, 7. Citizenship, shall be the basis for the rights and duties that include freedom, equality, justice and human rights.

Page 3, 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.

Page 3, 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.
Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights
Human rights and equality→Civil and political rights→Equality
Page 2, 7. Citizenship, shall be the basis for the rights and duties that include freedom, equality, justice and human rights.

Page 2, 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.

Page 3, 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.

Page 3, 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.

Page 3, 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.
Human rights and equality→Civil and political rights→Vote and take part
Page 2, 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.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 2, 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.
Socio-economic rights
Human rights and equality→Socio-economic rights→Cultural life
Page 3, 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.

Rights related issues

Citizenship
Rights related issues→Citizenship→Citizens, specific rights
Page 2, 7. Citizenship, shall be the basis for the rights and duties that include
freedom, equality, justice and human rights.
Democracy
Page 3, 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.
Detention procedures

No specific mention.

Media and communication

No specific mention.

Mobility/access

No specific mention.

Protection measures

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws
Page 2, 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.

Page 3, 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.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, 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.

Page 2, 1. 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.

Page 3, 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.

Page 3, 13. 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 urgents and
needs, such as the relief and otherwise as appropriate.

Page 3, 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.
National economic plan
Page 3, 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.
Natural resources
Page 3, 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.
International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights
Land, property and environment→Land reform/rights→Land reform and management
Page 2, 1. 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.
Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment
Page 3, 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.
Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees

No specific mention.

Ceasefire

No specific mention.

Police

No specific mention.

Armed forces

No specific mention.

DDR
Security sector→DDR→DDR programmes
Page 3, 13. 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 urgents and needs, such as the relief and otherwise as appropriate.
Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces

No specific mention.

Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation

No specific mention.


Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism

No specific mention.

Related cases

No specific mention.

Source
Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

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 MOUNTAINS’ 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 urgents 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.

RIZIGALLLA 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 BY:

CDR. MOHAMED HAROUN KAFI ABURASS

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