Political agreement on establishing the structures and institutions of the transitional period between the Transitional Military Council and the Declaration of Freedom and Change Forces
- Country/entity
-
Sudan
- Region
-
Africa (excl MENA)
- Agreement name
- Political agreement on establishing the structures and institutions of the transitional period between the Transitional Military Council and the Declaration of Freedom and Change Forces
- Date
- 17 Jul 2019
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Intrastate/intrastate conflict
- Stage
- Framework/substantive - partial
- Conflict nature
- Government/territory
- Peace process
- Sudan Transition Process
- Parties
-
Signatures:
The Transitional Military Council
The declaration of Freedom and Change Forces - Third parties
-
Witnesses
The African Union
The Federal Democratic Republic of Ethiopia
The United Nations
The European Union
League of Arab States
The United States of America - Description
- The Transitional Military Council and the Declaration of Freedom and Change forces agree to set up transitional institutions: the Sovereignty Council, Council of Ministers, Legislative Council, and the Investigation Committee. They also set out a list of agreed aims for these institutions. Finally, they invite international actors (states and organisations) to support the implementation of the agreement - but there is no agreement or commitment on provision of said aid.
Groups
- Children/youth
- Groups→Children/youth→RhetoricalPage 3, Chapter 5, Section 20, item 6:
Chapter Five
Functions of the Transitional Period
6. Promote the role of and open opportunities for youth in social, political and economic fields. - 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
- Page 3, Chapter 5, Section 20, item 5:
Chapter Five
Functions of the Transitional Period
5. Promote the Sudanese women role in social, political and economic fields and fight all kinds of discrimination against women. - Men and boys
No specific mention.
- LGBTI
No specific mention.
- Family
No specific mention.
State definition
- Nature of state (general)
- Page 1, Chapter 1, section 1:
1. The two parties agree on the sacredness of the national sovereignty and unity of the Sudanese soil, unity of the Sudan with all its diversity. - 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)
- Governance→Political institutions (new or reformed)→General referencesPage 3, Chapter 5, Section 20, items 8-9:
Chapter Five
Functions of the Transitional Period
8. Set up a program for state institutions' reform during the transitional period, that reflect independency and equal opportunities. The reform of the military institutions shall be done by the military institutions in accordance with the law.
9. Establishment of balanced foreign policy that achieves the state's interests and improving Sudan's foreign relations based on independency and mutual interests.
Page 3, Chapter 5, Section 20, item 12:
Chapter Five
Functions of the Transitional Period
12. Dismantling of the June 30th, 1989 regime and establishing the state of law and institutions.Governance→Political institutions (new or reformed)→Temporary new institutionsPages 1-3, Chapters 2-5:
Chapter Two
The Transitional arrangements
The Sovereignty Council
5. The sovereignty council shall be formed from eleven members, five military selected by the Transitional military Council (TMC), five civilians selected by the Declaration of Freedom and Change (DFC) forces and one civilian to be selected in agreement between the two parties.
6. The sovereignty council shall be presided for 21 months by one of the TMC members effective from signing this agreement.
7. The sovereignty council shall be presided for the remining 18 months of the transitional period, by one of the civilian members of the sovereignty council.
8. The constitutional document of the transitional period shall determine the powers and functions of the sovereignty council.
The Council of Ministers
9. The DFC forces shall select the Prime Minister of the civilian government in accordance with the requirements stipulated by the constitutional document of the transitional period.
10. The council of ministers shall consist of a president and no more than 20 ministers from national independent competencies, to be selected by the prime ministers from the DFC forces nomination list, and approved by the sovereignty council, except for the ministers of defense and interior, who will be appointed by the prime minister upon selection by the military members of the sovereignty council. The prime minister has the jurisdiction to exceptionally nominate two party qualified members to fulfill ministerial positions.
11. The constitutional document of the transitional period shall determine the powers and the functions of the council of ministers.
12. Members of the sovereignty council, the council of ministers and the governors of the states serve during the transitional period cannot contest in the elections that immediately follows the transitional period.
13.
Chapter Three
The Legislative Council
14. The DFC forces confirm its adherence to the 67% of the legislative council membership, and the 33% for other forces not signatories to the DFC.
15. The TMC confirms its position on reviewing the legislative council membership percentages.
16. The two parties agree to postpone the formation of the legislative council, until the sovereignty council and the council of ministers are formed. Discussion on the legislative council shall continue between the members of the sovereignty council from DFC and the TMC.
17. The legislative council shall be formed in no longer than 90 days from the date of establishment of the sovereignty council.
18. Pending the formation of the legislative council, the sovereignty council and the council of ministers shall perform the legislative powers in a joint meeting. Legislations shall be referred to the sovereignty council for approval and signature. The tabled legislation is considered effective after 15 days from tabling before the sovereignty council.
Chapter Four
The Investigation Committee
19. Following the formation of the transitional government, a national independent investigation committee shall be established to carry out precise and transparent investigation to the June 3rd, 2019 incidents and related incidents of human rights violations committed against civilians or militaries. The committee may seek any African support if needed.
Chapter Five
Functions of the Transitional Period
20. The two parties agreed on the following functions of the transitional period:
1. Set up the policy and the program to achieve comprehensive peace in Darfur, Blue Nile and South Kordofan in consultation with the Armed Movements, in order to achieve just and comprehensive peace that put an end to war by addressing the root causes of the Sudanese problem and its effects, with due consideration to the positive discrimination for those areas.
2. The peace process referred to, shall be completed in no longer than six-month period effective signing of this agreement.
3. Addressing the economic situation and stopping the economic deterioration through implementation of urgent economic, financial and humanitarian program that addresses the current challenges.
4. Carry out a legal reform program and rebuilding and developing the justice and rights' system and ensure the independence of judiciary and the rule of law.
5. Promote the Sudanese women role in social, political and economic fields and fight all kinds of discrimination against women.
6. Promote the role of and open opportunities for youth in social, political and economic fields.
7. Establishing mechanisms to prepare for writing permanent constitution, enact laws related to the transitional period and hold a constitutional conference.
8. Set up a program for state institutions' reform during the transitional period, that reflect independency and equal opportunities. The reform of the military institutions shall be done by the military institutions in accordance with the law.
9. Establishment of balanced foreign policy that achieves the state's interests and improving Sudan's foreign relations based on independency and mutual interests.
10. Play effective role in achieving social welfare and social development through provision of health, education, and housing services and environment protection.
11. Establish of and implement transitional justice measures and procedures.
12. Dismantling of the June 30th, 1989 regime and establishing the state of law and institutions. - 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
- Governance→Constitution→Constitutional reform/makingPage 3, Chapter 5, Section 20, item 7:
Chapter Five
Functions of the Transitional Period
7. Establishing mechanisms to prepare for writing permanent constitution, enact laws related to the transitional period and hold a constitutional conference.
Power sharing
- Political power sharing
- Power sharing→Political power sharing→Executive coalitionPages 1-2, Chapter 2, Sections 5-12:
Chapter Two
The Transitional arrangements
The Sovereignty Council
5. The sovereignty council shall be formed from eleven members, five military selected by the Transitional military Council (TMC), five civilians selected by the Declaration of Freedom and Change (DFC) forces and one civilian to be selected in agreement between the two parties.
6. The sovereignty council shall be presided for 21 months by one of the TMC members effective from signing this agreement.
7. The sovereignty council shall be presided for the remining 18 months of the transitional period, by one of the civilian members of the sovereignty council.
8. The constitutional document of the transitional period shall determine the powers and functions of the sovereignty council.
The Council of Ministers
9. The DFC forces shall select the Prime Minister of the civilian government in accordance with the requirements stipulated by the constitutional document of the transitional period.
10. The council of ministers shall consist of a president and no more than 20 ministers from national independent competencies, to be selected by the prime ministers from the DFC forces nomination list, and approved by the sovereignty council, except for the ministers of defense and interior, who will be appointed by the prime minister upon selection by the military members of the sovereignty council. The prime minister has the jurisdiction to exceptionally nominate two party qualified members to fulfill ministerial positions.
11. The constitutional document of the transitional period shall determine the powers and the functions of the council of ministers.
12. Members of the sovereignty council, the council of ministers and the governors of the states serve during the transitional period cannot contest in the elections that immediately follows the transitional period.Power sharing→Political power sharing→Proportionality in legislaturePage 1, Chapter 2, Sections 5-8:
Chapter Two
The Transitional arrangements
The Sovereignty Council
5. The sovereignty council shall be formed from eleven members, five military selected by the Transitional military Council (TMC), five civilians selected by the Declaration of Freedom and Change (DFC) forces and one civilian to be selected in agreement between the two parties.
6. The sovereignty council shall be presided for 21 months by one of the TMC members effective from signing this agreement.
7. The sovereignty council shall be presided for the remining 18 months of the transitional period, by one of the civilian members of the sovereignty council.
8. The constitutional document of the transitional period shall determine the powers and functions of the sovereignty council.
Page 2, Chapter 3, Sections 14-18:
Chapter Three
The Legislative Council
14. The DFC forces confirm its adherence to the 67% of the legislative council membership, and the 33% for other forces not signatories to the DFC.
15. The TMC confirms its position on reviewing the legislative council membership percentages.
16. The two parties agree to postpone the formation of the legislative council, until the sovereignty council and the council of ministers are formed. Discussion on the legislative council shall continue between the members of the sovereignty council from DFC and the TMC.
17. The legislative council shall be formed in no longer than 90 days from the date of establishment of the sovereignty council.
18. Pending the formation of the legislative council, the sovereignty council and the council of ministers shall perform the legislative powers in a joint meeting. Legislations shall be referred to the sovereignty council for approval and signature. The tabled legislation is considered effective after 15 days from tabling before the sovereignty council. - 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, Chapter 1, section 3:
3. The two parties shall abide by the principles of democracy, human rights and the good Sudanese values.
Page 3, Chapter 5, Section 20, item 12:
Chapter Five
Functions of the Transitional Period
12. Dismantling of the June 30th, 1989 regime and establishing the state of law and institutions. - 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
- Page 3, Chapter 5, Section 20, item 4:
Chapter Five
Functions of the Transitional Period
4. Carry out a legal reform program and rebuilding and developing the justice and rights' system and ensure the independence of judiciary and the rule of law. - Prisons and detention
No specific mention.
- Traditional Laws
No specific mention.
Socio-economic reconstruction
- Development or socio-economic reconstruction
- Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 3, Chapter 5, Section 20, item 3:
Chapter Five
Functions of the Transitional Period
20. The two parties agreed on the following functions of the transitional period:
3. Addressing the economic situation and stopping the economic deterioration through implementation of urgent economic, financial and humanitarian program that addresses the current challenges.
Page 3, Chapter 5, Section 20, item 10:
Chapter Five
Functions of the Transitional Period
10. Play effective role in achieving social welfare and social development through provision of health, education, and housing services and environment protection.Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistancePage 3, Chapter 5, Section 20, item 3:
Chapter Five
Functions of the Transitional Period
20. The two parties agreed on the following functions of the transitional period:
3. Addressing the economic situation and stopping the economic deterioration through implementation of urgent economic, financial and humanitarian program that addresses the current challenges. - 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
- Page 3, Chapter 5, Section 20, item 10:
Chapter Five
Functions of the Transitional Period
10. Play effective role in achieving social welfare and social development through provision of health, education, and housing services and environment protection. - 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
- Page 3, Chapter 5, Section 20, item 8:
Chapter Five
Functions of the Transitional Period
8. Set up a program for state institutions' reform during the transitional period, that reflect independency and equal opportunities. The reform of the military institutions shall be done by the military institutions in accordance with the law. - 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
- Page 2, Chapter 4, Section 19:
Chapter Four
The Investigation Committee
19. Following the formation of the transitional government, a national independent investigation committee shall be established to carry out precise and transparent investigation to the June 3rd, 2019 incidents and related incidents of human rights violations committed against civilians or militaries. The committee may seek any African support if needed.
Page 3, Chapter 5, Section 20, item 11:
Chapter Five
Functions of the Transitional Period
11. Establish of and implement transitional justice measures and procedures. - 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
- Made available by the Dabanga online news portal, at https://www.dabangasudan.org/uploads/media/5d306eb7c2ab1.pdf (last accessed on January 30, 2020)
Political Agreement on establishing the structures and institutions of the transitional period between the Transitional Military Council and the Declaration of Freedom and Change Forces
Chapter One
Guiding Principle
1. The two parties agree on the sacredness of the national sovereignty and unity of the Sudanese soil, unity of the Sudan with all its diversity.
2. The two parties shall work in partnership and goodwill principle and shall refrain from the hostile and provocative speech.
3. The two parties shall abide by the principles of democracy, human rights and the good Sudanese values.
4. The parties agree to solve the emerging disputes through dialogue and mutual respect.
Chapter Two
The Transitional arrangements
The Sovereignty Council
5. The sovereignty council shall be formed from eleven members, five military selected by the Transitional military Council (TMC), five civilians selected by the Declaration of Freedom and Change (DFC) forces and one civilian to be selected in agreement between the two parties.
6. The sovereignty council shall be presided for 21 months by one of the TMC members effective from signing this agreement.
7. The sovereignty council shall be presided for the remining 18 months of the transitional period, by one of the civilian members of the sovereignty council.
8. The constitutional document of the transitional period shall determine the powers and functions of the sovereignty council.
The Council of Ministers
9. The DFC forces shall select the Prime Minister of the civilian government in accordance with the requirements stipulated by the constitutional document of the transitional period.
10. The council of ministers shall consist of a president and no more than 20 ministers from national independent competencies, to be selected by the prime ministers from the DFC forces nomination list, and approved by the sovereignty council, except for the ministers of defense and interior, who will be appointed by the prime minister upon selection by the military members of the sovereignty council.
The prime minister has the jurisdiction to exceptionally nominate two party qualified members to fulfill ministerial positions.
11. The constitutional document of the transitional period shall determine the powers and the functions of the council of ministers.
12. Members of the sovereignty council, the council of ministers and the governors of the states serve during the transitional period cannot contest in the elections that immediately follows the transitional period.
13.
Chapter Three
The Legislative Council
14. The DFC forces confirm its adherence to the 67% of the legislative council membership, and the 33% for other forces not signatories to the DFC.
15. The TMC confirms its position on reviewing the legislative council membership percentages.
16. The two parties agree to postpone the formation of the legislative council, until the sovereignty council and the council of ministers are formed.
Discussion on the legislative council shall continue between the members of the sovereignty council from DFC and the TMC.
17. The legislative council shall be formed in no longer than 90 days from the date of establishment of the sovereignty council.
18. Pending the formation of the legislative council, the sovereignty council and the council of ministers shall perform the legislative powers in a joint meeting.
Legislations shall be referred to the sovereignty council for approval and signature.
The tabled legislation is considered effective after 15 days from tabling before the sovereignty council.
Chapter Four
The Investigation Committee
19. Following the formation of the transitional government, a national independent investigation committee shall be established to carry out precise and transparent investigation to the June 3rd, 2019 incidents and related incidents of human rights violations committed against civilians or militaries.
The committee may seek any African support if needed.
Chapter Five
Functions of the Transitional Period
20. The two parties agreed on the following functions of the transitional period:
1. Set up the policy and the program to achieve comprehensive peace in Darfur, Blue Nile and South Kordofan in consultation with the Armed Movements, in order to achieve just and comprehensive peace that put an end to war by addressing the root causes of the Sudanese problem and its effects, with due consideration to the positive discrimination for those areas.
2. The peace process referred to, shall be completed in no longer than six-month period effective signing of this agreement.
3. Addressing the economic situation and stopping the economic deterioration through implementation of urgent economic, financial and humanitarian program that addresses the current challenges.
4. Carry out a legal reform program and rebuilding and developing the justice and rights' system and ensure the independence of judiciary and the rule of law.
5. Promote the Sudanese women role in social, political and economic fields and fight all kinds of discrimination against women.
6. Promote the role of and open opportunities for youth in social, political and economic fields.
7. Establishing mechanisms to prepare for writing permanent constitution, enact laws related to the transitional period and hold a constitutional conference.
8. Set up a program for state institutions' reform during the transitional period, that reflect independency and equal opportunities.
The reform of the military institutions shall be done by the military institutions in accordance with the law.
9. Establishment of balanced foreign policy that achieves the state's interests and improving Sudan's foreign relations based on independency and mutual interests.
10. Play effective role in achieving social welfare and social development through provision of health, education, and housing services and environment protection.
11. Establish of and implement transitional justice measures and procedures.
12. Dismantling of the June 30th, 1989 regime and establishing the state of law and institutions.
Chapter Six Regional and International Support
21. The two parties invite the African Union, the Inter-Governmental Authority on Development, the United Nations, the European Union, the League of Arab States, Organization of Islamic Cooperation, permanent members of the Security Council, sisterly and friendly states, to strongly mobilize the economic, financial and humanitarian support to implement this agreement, and to support the transitional institutions to succeed in achieving its functions and duties.
22. The two parties appeal to the organizations and sisterly and friendly states mentioned above, to work with the regional and international organizations to lift the Sudan's name from the list of states sponsoring terrorism, lifting sanctions and writing off the Sudan's debts.
23. This support is subjected to the principle of the constructive partnership between the Republic of the Sudan and all partners, in the framework of the full respect to the Sudan sovereignty and none interference in the Sudan's internal affairs, regardless of who is the partner, and what type of partnership.
Signed 17 of July 2019 with the witness of the African union and the Federal Democratic Republic of Ethiopia and the partners
Signatures:
The Transitional Military Council
The declaration of Freedom and Change Forces
Witnesses
The African Union
The Federal Democratic Republic of Ethiopia
The United Nations
The European Union
League of Arab States
The United States of America