Agreement Between the Government of the Sudan (GOS) and the Sudan People’s Liberation Movement/Sudan People’s Liberation Army (SPLM/SPLA) on Implementation Modalities of the Protocols and Agreements

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Agreement Between the Government of the Sudan (GOS) and the Sudan People’s Liberation Movement/Sudan People’s Liberation Army (SPLM/SPLA) on Implementation Modalities of the Protocols and Agreements
Date: 31 Dec 2004
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: The Government of Sudan; Sudan People's Liberation Movement/Army
Third parties: -
Description: A brief preamble for the subsequent agreements, all signed on the same date, of the implementations modalities for the Comprehensive Peace Agreement (CPA). The implementation modalities enclosed within the CPA Annexure II include the Implementation Modalities of the Protocol on Power Sharing and the Machakos Protocol, the Implementation Modalities of the Framework Agreement on Wealth Sharing, the Implementation Modalities of the Protocol on the Resolution of the Abyei Conflict, and The Implementation Modalities for the Protocol on the Resolution of Conflict in Southern Kordofan and Blue Nile States. Additionally, this preamble provides for the Permanent Ceasefire and Security Arrangements Implementation Modalities Agreement to also be included within the modalities to implement the CPA, as well as a List of Corrections for the protocols and agreements. Concluding, the Parties establish that the Constitutional Task Team shall have the responsibility of creating a mechanism for resolving any discrepancies during the implementation process.

Agreement document: SD 041231 CPA Agmt on Implementation Modalities.pdf (opens in new tab) | Download PDF

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: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
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): No specific mention.
State configuration: No specific mention.
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: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
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: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
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: No specific mention.
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: Unmis.unmissions.org,. 2015. 'United Nations Missions In Sudan (UNMIS)'. http://unmis.unmissions.org/.

ANNEXURE II

IMPLEMENTATION MODALITIES AND GLOBALIMPLEMENTATION MATRIX AND APPENDICES

SIGNED AT NAIVASHA, KENYA ON 315r DECEMBER, 2004

Preamble:

WHEREAS the Government of the Republic of the Sudan and the Sudan People's Liberation Movement/Sudan People's Liberation Army hereinafter referred to as the "Parties" reconfirm the Protocols and Agreements reached, namely the Machakos Protocol, dated 20th July, 2002;

the Agreement on Security Arrangements, dated 25th September, 2003;

the Agreement on Wealth Sharing, dated 7th January, 2004;

the Protocol on Power Sharing, dated 26th May, 2004;

the Protocol on the Resolution of the Conflict in Southern Kordofan and Blue Nile States, dated 26th May, 2004;

and the Protocol on the Resolution of the Conflict in the Abyei Area, dated 26th May, 2004;

WHEREAS the Parties having met in Nairobi and Naivasha, Kenya, from 26th November, 2004 through 31 st December, 2004 under the auspices of the InterGovemmental Authority on Development (IGAD) Peace Process, in respect of finalization of the issues related to implementation modalities of the aforementioned Protocols and Agreements;

WHEREAS they have agreed that these Protocols and Agreements shall constitute the Comprehensive Peace Agreement, together with the Agreement on Permanent Ceasefire Arrangements and the Implementation Modalities of the aforementioned Protocols and Agreements;

WHEREAS the Parties have concluded the Agreement on the Implementation Modalities of all Protocols and Agreements;

NOW RECORD THAT the initialed text of the Implementation Modalities which is attached hereto forms an integral part of the Comprehensive Peace Agreement and sets out the details of funding, executing bodies and timeframes and in particular the date on which the Comprehensive Peace Agreement shall come into effect;

THE PARTIES FURTHER RECORD THAT this Agreement on Implementation Modalities shall also include the following:

(a) The initialed Global Implementation Matrix with its own appendices attached as Annexure A hereto, which covers the detailed implementation of the Machakos Protocol, dated 2oth July, 2002;

the Agreement on Security Arrangements, dated 25th September, 2003;

the Agreement on Wealth ,Sharing, dated 7th January, 2004;

the Protocol on Power Sharing, dated 26th May, 2004;

the Protocol on the Resolution of the Conflict in Southern Kordofan and Blue Nile States, dated 26th May, 2004;

and the Protocol on the Resolution of the Conflict in Abyei Area, dated 26th May, 2004;

and the Permanent Ceasefire and Security Arrangements Implementation Modalities Agreement, notwithstanding Appendices in that agreement;

(b) The initialed corrections which are agreed to for clarification and accuracy are set out in Annexure B hereto;

and