Memorandum of Understanding on Non-aggression and Cooperation

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Memorandum of Understanding on Non-aggression and Cooperation
Date: 10 Feb 2012
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Framework/substantive - partial
Conflict nature: Territory
Peace process: North - South Sudan secession process
Parties: [Signed]
Lt. Gen. Mohamed Atta Elmula Abass
Director General for National Intelligence and Security Services
On Behalf of the Republic of the Sudan

[Signed]
Maj. Gen. Thomas Duoth Guet,
Director General for General Intelligence Bureau
On behalf of the Republic of South Sudan
Third parties: In the presence of:
[Signed]
Thabo Mvuyelwa Mbeki
Chairperson, African Union High Level Implementation Panel,
Facilitator of the Negotiations
Description: -

Agreement document: SD_SS_120210_MoU on Non-Agression and Cooperation.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): Page 1, Untitled Preamble, … Welcoming and respecting the admission and recognition of the Republic of South Sudan as the 193rd member of the United Nations pursuant to General Assembly Resolution A/RES/65/308 of 14th July 2011.

Page 2, Part I, Non-Aggression
Article 2, Principles of good neighbourliness and non-aggression
The two States agree to abide by the following principles of good neighbourliness and non-aggression:
1) Respect for each other’s sovereignty and territorial integrity.
2) Non-interference in the internal affairs of the other State.
3) Rejection of the use of force in conducting their relation in accordance with the principles enshrined in the African Union and United Nations charters.
4) Equality and mutual benefit.
5) Peace co-existence.

Page 2, Part II: Elaboration of the Principles,
Article 3, Respect for each other’s sovereignty and territorial integrity.
1) Neither State shall violate the territorial integrity of the other State.

Page 3, Part II: Elaboration of the Principles,
Article 3, Respect for each other’s sovereignty and territorial integrity.
… 2) Each State shall respect the sovereignty of the other State in all respects, including its political independence.

Page 3, Part II: Elaboration of the Principles,
Article 4, Non-interference in the internal affairs of the other State
1) Each State shall refrain from interfering in the internal governance of the other State including in legislative, executive functions.

Page 3, Part II: Elaboration of the Principles,
Article 4, Non-interference in the internal affairs of the other State
1) Each State shall refrain from interfering in the internal governance of the other State including in legislative, executive functions.
... 4) Neither State shall enter into an alliance with, or provide support to, a third party for purposes of undermining the integrity and interests of the other State.

Page 3, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
1) The two States shall conduct their relations on the basis of mutual non-aggression and shall resolve any disputes that might arise between them exclusively through peaceful means.

Page 4, Part II: Elaboration of the Principles,
Article 6, Equality and Mutual Benefit
1) The two States shall conduct their relations, and cooperate on the basis of equality and the promotion of their mutual benefit.

Page 4, Part II: Elaboration of the Principles,
Article 7, Peaceful Co-existence
1) Each State shall maintain diplomatic relations with the other State, including establishment of diplomatic missions.
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: Page 4, Part II: Elaboration of the Principles,
Article 7, Peaceful Co-existence
… 2) To ensure peace, stability and security, the two States shall maintain such joint mechanisms for fostering political and security cooperation between them as they may agree, including the Joint Political and Security Mechanism (JPSM).

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: Page 1, Untitled Preamble, … Further affirming their commitment to implementing the African Union Constitutive Act, and the United National Charter, and relevant principles on International Law, including the Vienna Convention on the Succession of States in Respect of Treaties of 1978, and International Humanitarian Law, generally.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Untitled Preamble, … Further affirming their commitment to implementing the African Union Constitutive Act, and the United National Charter, and relevant principles on International Law, including the Vienna Convention on the Succession of States in Respect of Treaties of 1978, and International Humanitarian Law, generally.

Page 2, Part I, Non-Aggression
Article 2, Principles of good neighbourliness and non-aggression
The two States agree to abide by the following principles of good neighbourliness and non-aggression: …
3) Rejection of the use of force in conducting their relation in accordance with the principles enshrined in the African Union and United Nations charters.
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: Page 4, Part II: Elaboration of the Principles,
Article 6, Equality and Mutual Benefit
… 2) Accordingly, each State shall refrain from blockading agreed corridors of movement, ports, coastlines, rivers, or airspace of the other State in accordance with the principles of International Law.
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: Page 4, Part II: Elaboration of the Principles,
Article 6, Equality and Mutual Benefit
… 2) Accordingly, each State shall refrain from blockading agreed corridors of movement, ports, coastlines, rivers, or airspace of the other State in accordance with the principles of International Law.

Security sector

Security Guarantees: Page 2, Part I, Non-Aggression
Article 1, Definition of Aggression
For purposes of this Memorandum, ‘aggression’ means: ‘the use of armed force or the conduct of any other hostilities act by a State or other entity against the sovereignty, territorial integrity or political independence of another ‘State’.

Page 3, Part II: Elaboration of the Principles,
Article 4, Non-interference in the internal affairs of the other State
... 4) Neither State shall enter into an alliance with, or provide support to, a third party for purposes of undermining the integrity and interests of the other State.

Page 3, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
... 3) Neither State shall conduct overflight of the airspace of the other State without the prior formal agreement of that State.
Ceasefire: Security sector→Ceasefire→General commitments
Page 3, Part II: Elaboration of the Principles,
Article 4, Non-interference in the internal affairs of the other State
… 3) Each State shall refrain from carrying out military acts and espionage activities against the other State

Page 3, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
… 2) Each State shall refrain from launching any attach including bombardment against the territory of other State, neither shall the State invade, occupy or annex, however temporarily, the territory of the other State.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: Page 3, Part II: Elaboration of the Principles,
Article 4, Non-interference in the internal affairs of the other State
… 3) Each State shall refrain from carrying out military acts and espionage activities against the other State

Page 4, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
… 6) Neither State shall provide technological assistance, intelligence or training of any kind to another state or other entity which may be used to committing acts of aggression against the other State.
Parastatal/rebel and opposition group forces: Page 3, Part II: Elaboration of the Principles,
Article 4, Non-interference in the internal affairs of the other State
… 2) Neither State shall support political parties, other political actors, or opposition armed groups and movements, within the other State.

Page 3, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
... 4) Neither State shall allow its territory to be used by, another State, or by any armed group or movement to conduct any acts of aggression or to undertake military acts or other subversive activities against the territory of the other State.

Page 4, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
… 5) Neither State shall harbour or provide any form of support to armed groups, mercenaries, terrorist organisations, or other organized transnational criminal groups which may carry out hostile acts against the other State.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: Page 4, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
… 5) Neither State shall harbour or provide any form of support to armed groups, mercenaries, terrorist organisations, or other organized transnational criminal groups which may carry out hostile acts against the other State.

Page 4, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
… 7) The two State under to cooperate with each other to combat trans-boundary crimes and criminal acts.
Drugs: No specific mention.
Terrorism: Page 4, Part II: Elaboration of the Principles,
Article 5, Rejection of the use of force in conducting their relations
… 5) Neither State shall harbour or provide any form of support to armed groups, mercenaries, terrorist organisations, or other organized transnational criminal groups which may carry out hostile acts against the other State.

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: Page 5, Part II: Elaboration of the Principles,
Article 8, Observation of Implementation
1) The two States hereby authorize the JPSM to oversee their compliance with this Memorandum. The Parties may adopt further mechanisms and principles to enable the JPSM to carry out this function.
2) In the event of any dispute arising in the implementation of this Memorandum, the two States shall seek to resolve the matter amicably through the JPSM.
Related cases: No specific mention.
Source: Tufts Digital Library; Alex de Waal Collection; http://dl.tufts.edu/catalog/tufts:MS201.002.01070

Memorandum of Understanding on Non-aggression and Cooperation (“this Memorandum”) Between The Government of the Republic of the Sudan

And The Government of the Republic of South Sudan (hereafter “the parties” or “the two states”)

The Parties:

Recognizing the need to construct, promote and sustain a mutually supportive relationship between the Republic of the Sudan and the Republic of South Sudan.

Recalling the agreed principle of promoting the mutually viability of the two States, and affirming the commitment of the two States to maintain a secure Sudan and South Sudan.

Further affirming their commitment to implementing the African Union Constitutive Act, and the United National Charter, and relevant principles on International Law, including the Vienna Convention on the Succession of States in Respect of Treaties of 1978, and International Humanitarian Law, generally.

Welcoming and respecting the admission and recognition of the Republic of South Sudan as the 193rd member of the United Nations pursuant to General Assembly Resolution A/RES/65/308 of 14th July 2011.

Committed to Implementing the Khartoum Consolidation Document of 19th September 2011.

Agree as follows:

Part I

Non-Aggression

Article 1

Definition of Aggression

For purposes of this Memorandum, ‘aggression’ means:

‘the use of armed force or the conduct of any other hostilities act by a State or other entity against the sovereignty, territorial integrity or political independence of another ‘State’.

Article 2

Principles of good neighbourliness and non-aggression

The two States agree to abide by the following principles of good neighbourliness and non-aggression:

1) Respect for each other’s sovereignty and territorial integrity.

2) Non-interference in the internal affairs of the other State.

3) Rejection of the use of force in conducting their relation in accordance with the principles enshrined in the African Union and United Nations charters.

4) Equality and mutual benefit.

5) Peace co-existence.

Part II

Elaboration of the Principles

Article 3

Respect for each other’s sovereignty and territorial integrity.

1) Neither State shall violate the territorial integrity of the other State.

2) Each State shall respect the sovereignty of the other State in all respects, including its political independence.

Article 4

Non-interference in the internal affairs of the other State

1) Each State shall refrain from interfering in the internal governance of the other State including in legislative, executive functions.

2) Neither State shall support political parties, other political actors, or opposition armed groups and movements, within the other State.

3) Each State shall refrain from carrying out military acts and espionage activities against the other State

4) Neither State shall enter into an alliance with, or provide support to, a third party for purposes of undermining the integrity and interests of the other State.

Article 5

Rejection of the use of force in conducting their relations

1) The two States shall conduct their relations on the basis of mutual non-aggression and shall resolve any disputes that might arise between them exclusively through peaceful means.

2) Each State shall refrain from launching any attach including bombardment against the territory of other State, neither shall the State invade, occupy or annex, however temporarily, the territory of the other State.

3) Neither State shall conduct overflight of the airspace of the other State without the prior formal agreement of that State.

4) Neither State shall allow its territory to be used by, another State, or by any armed group or movement to conduct any acts of aggression or to undertake military acts or other subversive activities against the territory of the other State.

5) Neither State shall harbour or provide any form of support to armed groups, mercenaries, terrorist organisations, or other organized transnational criminal groups which may carry out hostile acts against the other State.

6) Neither State shall provide technological assistance, intelligence or training of any kind to another state or other entity which may be used to committing acts of aggression against the other State.

7) The two State under to cooperate with each other to combat trans-boundary crimes and criminal acts.

Article 6

Equality and Mutual Benefit

1) The two States shall conduct their relations, and cooperate on the basis of equality and the promotion of their mutual benefit.

2) Accordingly, each State shall refrain from blockading agreed corridors of movement, ports, coastlines, rivers, or airspace of the other State in accordance with the principles of International Law.

Article 7

Peaceful Co-existence

1) Each State shall maintain diplomatic relations with the other State, including establishment of diplomatic missions.

2) To ensure peace, stability and security, the two States shall maintain such joint such joint mechanisms for fostering political and security cooperation between them as they may agree, including the Joint Political and Security Mechanism (JPSM).

Article 8

Observation of Implementation

1) The two States hereby authorize the JPSM to oversee their compliance with this Memorandum.

The Parties may adopt further mechanisms and principles to enable the JPSM to carry out this function.

2) In the event of any dispute arising in the implementation of this Memorandum, the two States shall seek to resolve the matter amicably through the JPSM.

Article 9

Amendment and Termination

1) This memorandum may be amended by the mutual consent of the parties.

2) If either State wishes to terminate this Memorandum it shall give the other State notice of its intention to do so.

After the expiry of sixty days from date of such notification, the Memorandum shall be deemed to be terminated.

Done in Addis Ababa, the 10th Day of February, 2012:

[Signed]

Lt. Gen. Mohamed Atta Elmula Abass

Director General for National Intelligence and Security Services

On Behalf of the Republic of the Sudan

[Signed]

Maj. Gen. Thomas Duoth Guet,

Director General for General Intelligence Bureau

On behalf of the Republic of South Sudan

In the presence of:

[Signed]

Thabo Mvuyelwa Mbeki

Chairperson, African Union High Level Implementation Panel,

Facilitator of the Negotiations