Political (Declaration) Agreement

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Country/entity: Sudan
Region: Africa (excl MENA)
Agreement name: Political (Declaration) Agreement
Date: 21 Nov 2021
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: Framework/substantive - partial
Conflict nature: Government
Peace process: Sudan Transition Process
Parties: Dr. Abdalla Adam Hamdok
Transitional Prime Minister - Government of Sudan

General Abdel Fattah al-Burhan
President of the Transitional Sovereignty Council - Opposition leader 'de facto ruler'
Third parties: -
Description: This interim agreement reaffirms commitment to the constitution and the transition, clarifying the tasks set out for the transitional sovereignty council. The agreement broadly seems to be aimed at strengthening the transitional administration by addressing the logistical details concerning transfer of power to a newly elected government and providing for a framework of partnership between political, civic and armed groups. Substantively the provisions include measures to establish temporary political institutions, release of political detainees and the initiation of a comprehensive dialogue between all political and civic groups and opposition forces.

Agreement document: SD_211121_Sudan Political Agreement.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, Untitled Preamble:
...It is important to complete the transitional period successfully to arrive at an elected civilian government which can be achieved only through the unity of political forces, revolution forces, young men and women, resistance committees, IDPs and refugees.

Page 2, Sixthly:
administration of the transitional period under a political declaration specifying framework of partnership between national forces (political and civilian), military component, resistance committees, live revolution forces, youth and women sectors and Sufi Orders men.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: Groups→Religious groups→Rhetorical
Page 2, Sixthly:
administration of the transitional period under a political declaration specifying framework of partnership between national forces (political and civilian), military component, resistance committees, live revolution forces, youth and women sectors and Sufi Orders men.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1, Untitled Preamble:
...It is important to complete the transitional period successfully to arrive at an elected civilian government which can be achieved only through the unity of political forces, revolution forces, young men and women, resistance committees, IDPs and refugees.
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, Untitled Preamble:
...It is important to complete the transitional period successfully to arrive at an elected civilian government which can be achieved only through the unity of political forces, revolution forces, young men and women, resistance committees, IDPs and refugees.

Page 2, Sixthly:
administration of the transitional period under a political declaration specifying framework of partnership between national forces (political and civilian), military component, resistance committees, live revolution forces, youth and women sectors and Sufi Orders men.
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): Governance→Political institutions (new or reformed)→General references
Page 1, Thirdly:
the two parties reiterate that the standing transitional partnership between civilians and the military is the guarantor of stability and security of the Sudan. Based on that the two parties agreed to implement partnership in trust with full commitment to the formation of a civil government made up of national independent competencies (technocrats).

Page 2, Fourthly:
the Transitional Sovereignty Council shall oversee implementation of the transitional period’s tasks under article 8 of the Constitutional Document without any direct interference in executive work.

Page 2, Fifthly:
insurance of the transfer of transitional power in time specified to an elected civilian government.

Page 2, Eleventh:
the two parties reiterate the importance of restructuring the committee of dismantling the 30th of June 1989 and reviewing its performance in the past period. It should be provided with qualified cadres in all required specializations and expertise to enable it perform its work in an effective and just way. The appeal committee should be activated and its decisions be reviewed as required by the standing litigation steps.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 2, Fourthly:
the Transitional Sovereignty Council shall oversee implementation of the transitional period’s tasks under article 8 of the Constitutional Document without any direct interference in executive work.

Page 2, Ninthly:
hastening completion of all transitional governance institutions by formation of the Legislative Council , Constitutional Court, appointment of the Chief Justice and the Attorney General . And consequently formation of commissions and other transitional institutions to perform their respective duties in accordance with specified timeframes.

Page 2, Eleventh:
the two parties reiterate the importance of restructuring the committee of dismantling the 30th of June 1989 and reviewing its performance in the past period. It should be provided with qualified cadres in all required specializations and expertise to enable it perform its work in an effective and just way. The appeal committee should be activated and its decisions be reviewed as required by the standing litigation steps

Page 3, Fourteenth:
by signing this political declaration, the decision of the Commander-in Chief relieving the Transitional Prime Minister is annulled.
Elections: Page 2, Fifthly:
insurance of the transfer of transitional power in time specified to an elected civilian government.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 2, Sixthly:
administration of the transitional period under a political declaration specifying framework of partnership between national forces (political and civilian), military component, resistance committees, live revolution forces, youth and women sectors and Sufi Orders men.

Page 2, Tenthly:
initiation of a comprehensive transparent dialogue between all political and societal forces and live revolution forces as a prelude to launching the constitutional conference.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 1, Firstly:
reiterating that the Constitutional Document for 2019 as amended in 2020 is the basic reference for completing the transitional period. Special consideration should be given to the status of Eastern Sudan and the parties should work together to address that status within a national framework that ensures stability in a way that is satisfactory to the people of Eastern Sudan.
Governance→Constitution→Constitutional reform/making
Page 1, Secondly:
the two parties reiterate the importance of amending the Constitutional Document to achieve and ensure comprehensive political participation to all community components, excluding the dissolved Congress Party.

Page 2, Tenthly:
initiation of a comprehensive transparent dialogue between all political and societal forces and live revolution forces as a prelude to launching the constitutional conference.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1, Firstly:
... Special consideration should be given to the status of Eastern Sudan and the parties should work together to address that status within a national framework that ensures stability in a way that is satisfactory to the people of Eastern Sudan.
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: Page 1, Untitled Preamble:
...Thus, the two parties have committed to working together to complete the path of democratic correction in a manner that serves Sudan’s best interests and avoids the spill of the country into the unknown and the insecurity.
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 2, Ninthly:
hastening completion of all transitional governance institutions by formation of the Legislative Council, Constitutional Court, appointment of the Chief Justice and the Attorney General. And consequently formation of commissions and other transitional institutions to perform their respective duties in accordance with specified timeframes.
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: Page 2, Thirdly:
the two parties reiterate that the standing transitional partnership between civilians and the military is the guarantor of stability and security of the Sudan ...
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 3, Thirteenth:
working to build a national united army .
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 2, Sixthly:
administration of the transitional period under a political declaration specifying framework of partnership between national forces (political and civilian), military component, resistance committees, live revolution forces, youth and women sectors and Sufi Orders men .

Page 2, Tenthly:
initiation of a comprehensive transparent dialogue between all political and societal forces and live revolution forces as a prelude to launching the constitutional conference.
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: Page 2, Twelfth:
investigation of all events that occurred during demonstrations, including injuries and deaths sustained by both civilians and uniformed personnel. Perpetrators should be brought to justice.
Prisoner release: Page 2, Seventhly:
release of all political detainees.
Vetting: No specific mention.
Victims: Page 2, Twelfth:
investigation of all events that occurred during demonstrations, including injuries and deaths sustained by both civilians and uniformed personnel. Perpetrators should be brought to justice.
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: https://www.dabangasudan.org/en/all-news/article/sudan-empowerment-removal-committee-protests-court-decision-on-judicians

This translation – from Arabic to English- is a non-official version of "the Political Declaration", signed 21 November 2021.

This

translation has been commissioned by the International IDEA, within the programme 'Supporting Sudan's Democratic Transition',

funded by the European Union and Sweden International Development Agency (Sida)

Political (Declaration) Agreement

Cognizant of the dangers surrounding the homeland and threatening the

realization of the transitional period;

and in view of the struggles between political

powers which threaten the unity, security and stability of the country;

and

consequent to the failure of all initiatives to contain the political crises certain

procedures and decisions were taken by the Commander-in-Chief of the Armed

Forces on October 25th 2021 reiterating that the crux of the crises is political and

requires a degree of wisdom and cognizance of national responsibilities.

Thus, the

two parties have committed to working together to complete the path of

democratic correction in a manner that serves Sudan’s best interests and avoids

the spill of the country into the unknown and the insecurity.

It is important to

complete the transitional period successfully to arrive at an elected civilian

government which can be achieved only through the unity of political forces,

revolution forces, young men and women, resistance committees, IDPs and

refugees.

To get our country out of the present political crises and, based on the

decisions of the Commander-in-Chief of the Armed Forces the parties agreed on

the following:

Firstly;

reiterating that the Constitutional Document for 2019 as amended in 2020

is the basic reference for completing the transitional period.

Special consideration

should be given to the status of Eastern Sudan and the parties should work together

to address that status within a national framework that ensures stability in a way

that is satisfactory to the people of Eastern Sudan.

Secondly;

the two parties reiterate the importance of amending the Constitutional

Document to achieve and ensure comprehensive political participation to all

community components, excluding the dissolved Congress Party.

Thirdly;

the two parties reiterate that the standing transitional partnership

between civilians and the military is the guarantor of stability and security of the

Sudan.

Based on that the two parties agreed to implement partnership in trust with

full commitment to the formation of a civil government made up of national

independent competencies (technocrats).

Fourthly;

the Transitional Sovereignty Council shall oversee implementation of the

transitional period’s tasks under article 8 of the Constitutional Document without

any direct interference in executive work.

Fifthly;

insurance of the transfer of transitional power in time specified to an

elected civilian government.

Sixthly;

administration of the transitional period under a political declaration

specifying framework of partnership between national forces (political and civilian),

military component, resistance committees, live revolution forces, youth and

women sectors and Sufi Orders men.

Seventhly;

release of all political detainees.

Eighthly;

implementation of Juba Peace Agreement and completion of all dues

resulting from it and inclusion of non-signatories of the Agreement.

Ninthly;

hastening completion of all transitional governance institutions by

formation of the Legislative Council, Constitutional Court, appointment of the Chief

Justice and the Attorney General.

And consequently formation of commissions and

other transitional institutions to perform their respective duties in accordance with

specified timeframes.

Tenthly;

initiation of a comprehensive transparent dialogue between all political

and societal forces and live revolution forces as a prelude to launching the

constitutional conference.

Eleventh;

the two parties reiterate the importance of restructuring the committee

of dismantling the 30th of June 1989 and reviewing its performance in the past

period.

It should be provided with qualified cadres in all required specializations

and expertise to enable it perform its work in an effective and just way.

The appeal

committee should be activated and its decisions be reviewed as required by the

standing litigation steps

Twelfth;

investigation of all events that occurred during demonstrations, including

injuries and deaths sustained by both civilians and uniformed personnel.

Perpetrators should be brought to justice.

Thirteenth;

working to build a national united army.

Fourteenth;

by signing this political declaration, the decision of the Commander-in-

Chief relieving the Transitional Prime Minister is annulled.

General Abdelfatah Elburhan Abdelrahman

President of the Transitional Sovereignty Council

Dr. Abdalla Adam Hamdok

Transitional Prime Minister