SOMA Agreement on the Joint Monitoring Mission in the Nuba Mountains Area of the Sudan

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Country/entity: Sudan
Southern Kordofan - Blue Nile - Abyei
Region: Africa (excl MENA)
Agreement name: SOMA Agreement on the Joint Monitoring Mission in the Nuba Mountains Area of the Sudan
Date: 2 Apr 2002
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: Kordofan - Blue Nile - Abyei process
Parties: Signatories:
Government of the Kingdom of Norway
Government of the Republic of The Sudan
Third parties: -
Description: Agreement outlines the protocols and mechanisms surrounding the Joint Monitoring Mission to the Nuba Mountain under the auspices of the Norwegian government. Agreement includes security provisions for JMM staff, protocols surrounding dress, operations, communications and the import/export of equipment as well as guarantees of independence for JMM members.

Agreement document: SD_020402_SOMA Agreement on the Joint Monitoring Mission in the Nuba Mountains Area of the Sudan.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: Page 2, Article 3, The individual members of JMM
All Members of the JMM shall be accorded the same immunities and privileges as are accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961. In particular they shall be accorded:
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: Rights related issues→Media and communication→Governance of media
Page 2, Article 2, The Mission
... 12. The JMM is authorised to set up and operate internal communications (including mobile-transceivers, in all vehicles and to members of the JMM), and external communication systems (satellite communication).

Page 3, Article 3, The individual members of JMM
... 4. For the purpose of internal and external communications, the JMM and its members shall have the right to use codes and to receive papers or
correspondence by courier or in sealed bags. No official communication directed to JMM or to any of its members, nor any outward official communication of the Mission, by whatever means or in whatever form transmitted, shall be detained in any way or suffer any interference with its confidentiality.
Mobility/access: Page 2, Article 2, The Mission
... 11. The GoS will facilitate smooth custom clearance of the JMM’s operational supplies, goods and equipment, including smooth entries and exits of the JMM’s international personnel.

Page 2, Article 3, The individual members of JMM
All Members of the JMM shall be accorded the same immunities and privileges as are accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961. In particular they shall be accorded:
... 3. Freedom of movement (FOM) for the performance of their tasks.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 3, Article 6, Security, safety and emergencies
The GoS is responsible for the protection and security arrangements of all the JMM's personnel residing in The Sudan and will also provide emergency medical aid and assist in providing emergency medical evacuation of the JMM personnel on Sudanese territory. The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.
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: Page 3, Article 7, Miscellaneous
... 2. The Norwegian Government and the Participating Nations will pay all expenses, except for expenses occurring under Article 6 and Article 7.1.
Business: Page 2, Article 2, The Mission
... 10. All locally procured equipment, materials and goods in respect of which VAT reimbursements have been made, will be exported or donated under conditions determined by competent Sudan authority at the termination of the JMM.
Taxation: Socio-economic reconstruction→Taxation→Power to tax
Page 2, Article 2, The Mission
... 5. The JMM has the right to import operational supplies and equipment exempted from import taxes and duties.
... 8. The JMM will be reimbursed for Value Added Tax (VAT) on locally procured operational supplies and equipment, and will enjoy privileges concerning taxes on petrol – similar to those applicable to diplomatic Missions in the Sudan;
9. All imported equipment, materials and goods exempted from import taxes and duties will be re-exported, or donated under conditions determined by competent Sudanese authority, at the termination of the JMM.
10. All locally procured equipment, materials and goods in respect of which VAT reimbursements have been made, will be exported or donated under conditions determined by competent Sudan authority at the termination of the JMM.
11. The GoS will facilitate smooth custom clearance of the JMM’s operational supplies, goods and equipment, including smooth entries and exits of the JMM’s international personnel.
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: Page 3, Article 6, Security, safety and emergencies
The GoS is responsible for the protection and security arrangements of all the JMM's personnel residing in The Sudan and will also provide emergency medical aid and assist in providing emergency medical evacuation of the JMM personnel on Sudanese territory. The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.
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: Page 3, Article 7, Miscellaneous
1. The GoS will allocate office space, free of charge, to the JMM as required and deemed necessary. The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.
The GoS will assist the JMM in finding appropriate and suitable accommodation for all international personnel. The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.
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: Page 1, Preamble
In accordance with the Nuba Mountains Cease-Fire Agreement, signed on 19 January 2002, the Government of the Republic of Sudan (hereinafter referred to as the GoS) and the Sudan Peoples' Liberation Movement/Nuba (hereinafter referred to as the SPLM/N) have requested the Friends of Nuba Mountain Group of nations (FNM), as an impartial third party, to organise, equip and establish an international mission, named Joint Monitoring Mission in the Nuba Mountains area of The Sudan (hereinafter referred to as the JMM), identical to the international components of the Joint Military Commission/International Monitoring Unit referred to in the Cease-Fire Agreements, of art. VII and VIII (cf. Annex C), to monitor the implementation of the Cease-Fire Agreement.

The GOS and the SPLM/N have stressed the importance of international monitoring of the Cease Fire, expressed their willingness to facilitate and support the establishment and administration of the JMM, and have also guaranteed their cooperation with the JMM.

Based on the Cease Fire Agreement and the above mentioned, the GoS and the Government of the Kingdom of Norway have concluded a Status of Mission Agreement (hereinafter referred to as the SOMA), in which status, privileges and immunities of the JMM and its members are defined and determined. The SPLM/N has in writing declared its commitment to fully implement all parts of this SOMA.

Page 1, Article 2, The Mission
1. The premises of JMM shall be inviolable.
2. The JMM's property and assets shall be immune from search, requisition, confiscation and expropriation.
3. The archives of JMM and in general all its documents in paper or electronic form, including audio- and videotapes, shall be inviolable wherever located and by whomsoever held.

Page 2, Article 2, The Mission
... 4. JMM’s property and assets shall enjoy immunity from any form of legal process except:
(a) In so far as in any particular case it has expressly waived its immunity. It is, however, understood that such waiver of immunity does not extend to any
measure of execution.
(b) In the case of a civil action brought by a third party for damages arising from an accident caused by a motor vehicle belonging to or operated on behalf of the Mission.

Page 2, Article 2, The Mission
... 5. The JMM has the right to import operational supplies and equipment exempted from import taxes and duties.
6. In meeting the logistical and operational needs, the JMM may make use (purchasing and hiring) of local resources, such as communications, housing, food, fuel, repairs, medical services etc.
7. As a basis for its reporting activities, the JMM may use necessary equipment such as maps, compass, GPS, binoculars, laser range finders, all kind of
communications, Internet, E-mail, cameras, videotape recorders, etc.
8. The JMM will be reimbursed for Value Added Tax (VAT) on locally procured operational supplies and equipment, and will enjoy privileges concerning taxes on petrol – similar to those applicable to diplomatic Missions in the Sudan;
9. All imported equipment, materials and goods exempted from import taxes and duties will be re-exported, or donated under conditions determined by competent Sudanese authority, at the termination of the JMM.
10. All locally procured equipment, materials and goods in respect of which VAT reimbursements have been made, will be exported or donated under conditions determined by competent Sudan authority at the termination of the JMM.
11. The GoS will facilitate smooth custom clearance of the JMM’s operational supplies, goods and equipment, including smooth entries and exits of the JMM’s international personnel.
12. The JMM is authorised to set up and operate internal communications (including mobile-transceivers, in all vehicles and to members of the JMM), and external communication systems (satellite communication).

Page 2, Article 3, The individual members of JMM
All Members of the JMM shall be accorded the same immunities and privileges as are accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961. In particular they shall be accorded:
1. Immunity from personal arrest or detention and from legal process in respect of all acts, including words spoken or written, performed by them in the course of duty;
2. Inviolability for all papers and documents;
3. Freedom of movement (FOM) for the performance of their tasks.

Page 3, Article 5, Clothing, identification and armament
1. The members of the JMM will wear plain uniforms and clothes, and be visually recognised by wearing armlets marked with the JMM emblem.
2. The members of the JMM may carry side arms strictly for self protection, but not any other kind of weapons.
3. All vehicles and premises at the disposal of the Mission will be marked with the JMM emblem.

Page 3, Article 6, Security, safety and emergencies
The GoS is responsible for the protection and security arrangements of all the JMM's personnel residing in The Sudan and will also provide emergency medical aid and assist in providing emergency medical evacuation of the JMM personnel on Sudanese territory. The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.

Page 3, Article 7, Miscellaneous
1. The GoS will allocate office space, free of charge, to the JMM as required and deemed necessary. The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.
The GoS will assist the JMM in finding appropriate and suitable accommodation for all international personnel. The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.
2. The Norwegian Government and the Participating Nations will pay all expenses, except for expenses occurring under Article 6 and Article 7.1.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Tufts University, Alex de Waal Digital Collection; http://dl.tufts.edu/catalog/tufts:MS201.002.02759

STATUS OF MISSION AGREEMENT (SOMA) ON THE JOINT MONITORING MISSION IN THE NUBA MOUNTAINS AREA OF THE SUDAN

Preamble

In accordance with the Nuba Mountains Cease-Fire Agreement, signed on 19 January 2002, the Government of the Republic of Sudan (hereinafter referred to as the GoS) and the Sudan Peoples' Liberation Movement/Nuba (hereinafter referred to as the SPLM/N) have requested the Friends of Nuba Mountain Group of nations (FNM), as an impartial third party, to organise, equip and establish an international mission, named Joint Monitoring Mission in the Nuba Mountains area of The Sudan (hereinafter referred to as the JMM), identical to the international components of the Joint Military Commission/International Monitoring Unit referred to in the Cease-Fire Agreements, of art.

VII and VIII (cf.

Annex C), to monitor the implementation of the Cease-Fire Agreement.

The GOS and the SPLM/N have stressed the importance of international monitoring of the Cease Fire, expressed their willingness to facilitate and support the establishment and administration of the JMM, and have also guaranteed their cooperation with the JMM.

Based on the Cease Fire Agreement and the above mentioned, the GoS and the Government of the Kingdom of Norway have concluded a Status of Mission Agreement (hereinafter referred to as the SOMA), in which status, privileges and immunities of the JMM and its members are defined and determined.

The SPLM/N has in writing declared its commitment to fully implement all parts of this SOMA.

Article 1

General terms

The JMM and its members shall have the status, privileges and immunities as conferred to them by this SOMA and any other applicable instrument of international law.

Article 2

The Mission

1. The premises of JMM shall be inviolable.

2. The JMM's property and assets shall be immune from search, requisition, confiscation and expropriation.

3. The archives of JMM and in general all its documents in paper or electronic form, including audio- and videotapes, shall be inviolable wherever located and by whomsoever held.

4. JMM’s property and assets shall enjoy immunity from any form of legal process except:

(a) In so far as in any particular case it has expressly waived its immunity.

It is, however, understood that such waiver of immunity does not extend to any measure of execution.

(b) In the case of a civil action brought by a third party for damages arising from an accident caused by a motor vehicle belonging to or operated on behalf of the Mission.

5. The JMM has the right to import operational supplies and equipment exempted from import taxes and duties.

6. In meeting the logistical and operational needs, the JMM may make use (purchasing and hiring) of local resources, such as communications, housing, food, fuel, repairs, medical services etc.

7. As a basis for its reporting activities, the JMM may use necessary equipment such as maps, compass, GPS, binoculars, laser range finders, all kind of communications, Internet, E-mail, cameras, videotape recorders, etc.

8. The JMM will be reimbursed for Value Added Tax (VAT) on locally procured operational supplies and equipment, and will enjoy privileges concerning taxes on petrol – similar to those applicable to diplomatic Missions in the Sudan;

9. All imported equipment, materials and goods exempted from import taxes and duties will be re-exported, or donated under conditions determined by competent Sudanese authority, at the termination of the JMM.

10. All locally procured equipment, materials and goods in respect of which VAT reimbursements have been made, will be exported or donated under conditions determined by competent Sudan authority at the termination of the JMM.

11. The GoS will facilitate smooth custom clearance of the JMM’s operational supplies, goods and equipment, including smooth entries and exits of the JMM’s international personnel.

12. The JMM is authorised to set up and operate internal communications (including mobile-transceivers, in all vehicles and to members of the JMM), and external communication systems (satellite communication).

Article 3

The individual members of JMM

All Members of the JMM shall be accorded the same immunities and privileges as are accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations of 18 April 1961.

In particular they shall be accorded:

1. Immunity from personal arrest or detention and from legal process in respect of all acts, including words spoken or written, performed by them in the course of duty;

2. Inviolability for all papers and documents;

3. Freedom of movement (FOM) for the performance of their tasks.

4. For the purpose of internal and external communications, the JMM and its members shall have the right to use codes and to receive papers or correspondence by courier or in sealed bags.

No official communication directed to JMM or to any of its members, nor any outward official communication of the Mission, by whatever means or in whatever form transmitted, shall be detained in any way or suffer any interference with its confidentiality.

Article 4

Laws and regulations

Privileges and immunities are accorded to the JMM and its members in the interest of efficient and independent fulfilment of the Mission’s tasks and not for the personal benefits of the individuals concerned.

Without prejudice to their privileges and immunities, the Mission and its members will take all appropriate steps to ensure respect for and compliance with the laws and regulations of The Sudan.

Article 5

Clothing, identification and armament

1. The members of the JMM will wear plain uniforms and clothes, and be visually recognised by wearing armlets marked with the JMM emblem.

2. The members of the JMM may carry side arms strictly for self protection, but not any other kind of weapons.

3. All vehicles and premises at the disposal of the Mission will be marked with the JMM emblem.

Article 6

Security, safety and emergencies

The GoS is responsible for the protection and security arrangements of all the JMM's personnel residing in The Sudan and will also provide emergency medical aid and assist in providing emergency medical evacuation of the JMM personnel on Sudanese territory.

The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.

Article 7

Miscellaneous

1. The GoS will allocate office space, free of charge, to the JMM as required and deemed necessary.

The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.

The GoS will assist the JMM in finding appropriate and suitable accommodation for all international personnel.

The SPLM/N has in writing agreed to take upon itself the same responsibilities in the areas under its control.

2. The Norwegian Government and the Participating Nations will pay all expenses, except for expenses occurring under Article 6 and Article 7.1.

Final provisions

This Status of Mission Agreement (SOMA) enters into force on the date of its signature, and shall remain in force for the duration of the JMM.

The undersigned, being duly authorised, have signed this Status of Mission Agreement (SOMA).

Done in duplicate, in Oslo, on the second day of April two thousand and two.

For the Government of the Kingdom of Norway For the Government of the Republic of The Sudan

…………………………………………. ……………………………………………………..