First Meeting of the Political Committee Between the Government of Sudan and the Sudanese People's Liberation Movement/Army

Country/entity
Sudan
Region
Africa (excl MENA)
Agreement name
First Meeting of the Political Committee Between the Government of Sudan and the Sudanese People's Liberation Movement/Army
Date
20 Jan 2000
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
Sudanese (North-South) peace process
Parties
Head of Delegation Government of Sudan;
Head of Delegation Sudanese People's Liberation Movement/Army (SPLM/A).
Third parties
Special Envoy IGAD Secretariat on Peace in Sudan.
Description
The government of Sudan and the SPLM/A met to establish key points of agreement and difference about the post-conflict political settlement in Sudan.


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
Groups→Racial/ethnic/national group→Rhetorical
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
DOP 3.1 The parties agree that the Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society, and affirm their recognition and the need to accommodate these diversities.
...
In recognition of the multi-religious, multi-racial, multi-cultural and multi-national character of the Sudan, the SPLM/A calls for the separation of state and religion;
Religious groups
Groups→Religious groups→Rhetorical
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
DOP 3.1 The parties agree that the Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society, and affirm their recognition and the need to accommodate these diversities.
...
In recognition of the multi-religious, multi-racial, multi-cultural and multi-national character of the Sudan, the SPLM/A calls for the separation of state and religion;
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)
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
The parties agree in principle to maintain the unity of the Sudan.
The SPLM/A maintain, however, that the unity is conditioned to the separation of state and religion during the interim period and the outcome of the referendum on the right of self-determination.
The GOS contend that Unity of Sudan is not contingent on the issue of the separation of state and religion and administration, and that these are issues that may be negotiated.
DOP 3.1 The parties agree that the Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society, and affirm their recognition and the need to accommodate these diversities.
DOP 3.2 The parties agree that complete political and social equalities of all peoples of the Sudan shall be guaranteed by law.
...
In recognition of the multi-religious, multi-racial, multi-cultural and multi-national character of the Sudan, the SPLM/A calls for the separation of state and religion;
State configuration
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
The GOS contend that Unity of Sudan is not contingent on the issue of the separation of state and religion and administration, and that these are issues that may be negotiated.
...
DOP 3.3 On the issue of self-administration, the GOS prefers federation whereas SPLM/A prefers confederation.
The SPLM/A is not concerned with labels but rather with the substance and not withstanding its preference for a confederation, it has no objection to any arrangement during the interim period that guarantees:
state and religion are separated
The equitable representation at all the National Institutions of all the entities making up the union.
...
The SPLM/A reiterated its previous position on constitutional separation of state and religion.
In recognition of the multi-religious, multi-racial, multi-cultural and multi-national character of the Sudan, the SPLM/A calls for the separation of state and religion;
and therefore no single religion shall be made a state religion or a source of laws.
The constitution and the laws must remain secular and all organs and institutions of the state shall be neutral on religion.
Self determination
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 2:
The parties agree that the right of self-determination of the people of Southern Sudan to determine their future status through a referendum must be affirmed.
The parties agree to the exercise of self-determination of the people of Southern Sudan as of the borders of 01/01/56.
The GOS contend that Abyei is not part of Southern Sudan but the position of Abyei may be discussed.
The GOS does not accept that Southern Kordofan and Southern Blue Nile are part of South Sudan and hence self-determination is not relevant.
With regard to-Abyei, the SPLM/A shall respect the will and the wish of the people of Abyei through a referendum whether to be part of Southern Sudan or remain in the North.
The Dinka Ngok people and the territory of Abyei shall therefore be administered as part of Southern Sudan.
The SPLM view that the right of self-determination should be affirmed to the people of Southern Kordofan and Southern Blue Nile.
However, this case shall be further explored at the commencement of the Transitional Committee.
DOP 3:
...
The SPLM/A maintain, however, that the unity is conditioned to the separation of state and religion during the interim period and the outcome of the referendum on the right of self-determination.
Referendum
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 2:
The parties agree that the right of self-determination of the people of Southern Sudan to determine their future status through a referendum must be affirmed.
...
With regard to-Abyei, the SPLM/A shall respect the will and the wish of the people of Abyei through a referendum whether to be part of Southern Sudan or remain in the North.
...
DOP 3:
...
The SPLM/A maintain, however, that the unity is conditioned to the separation of state and religion during the interim period and the outcome of the referendum on the right of self-determination.
State symbols

No specific mention.

Independence/secession
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 2:
The parties agree that the right of self-determination of the people of Southern Sudan to determine their future status through a referendum must be affirmed.
The parties agree to the exercise of self-determination of the people of Southern Sudan as of the borders of 01/01/56.
The GOS contend that Abyei is not part of Southern Sudan but the position of Abyei may be discussed.
The GOS does not accept that Southern Kordofan and Southern Blue Nile are part of South Sudan and hence self-determination is not relevant.
With regard to-Abyei, the SPLM/A shall respect the will and the wish of the people of Abyei through a referendum whether to be part of Southern Sudan or remain in the North.
The Dinka Ngok people and the territory of Abyei shall therefore be administered as part of Southern Sudan.
The SPLM view that the right of self-determination should be affirmed to the people of Southern Kordofan and Southern Blue Nile.
However, this case shall be further explored at the commencement of the Transitional Committee.
Accession/unification

No specific mention.

Border delimitation
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 2:
...
The parties agree to the exercise of self-determination of the people of Southern Sudan as of the borders of 01/01/56.
The GOS contend that Abyei is not part of Southern Sudan but the position of Abyei may be discussed.
The GOS does not accept that Southern Kordofan and Southern Blue Nile are part of South Sudan and hence self-determination is not relevant.
With regard to-Abyei, the SPLM/A shall respect the will and the wish of the people of Abyei through a referendum whether to be part of Southern Sudan or remain in the North.
The Dinka Ngok people and the territory of Abyei shall therefore be administered as part of Southern Sudan.
The SPLM view that the right of self-determination should be affirmed to the people of Southern Kordofan and Southern Blue Nile.
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
Governance→Constitution→Constitutional reform/making
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
The GOS agreed that the agreement reached shall be enshrined in the constitution.
The SPLM/A agreed that the understanding that will be reached shall be the basis of the new constitution during the Interim Period.

Power sharing

Political power sharing

No specific mention.

Territorial power sharing

No specific mention.

Economic power sharing
Power sharing→Economic power sharing→Sharing of resources
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
DOP 3.5: The parties agree that appropriate and fair sharing of wealth among the various peoples of the Sudan must be realized.
Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
DOP 3.1 The parties agree that the Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society, and affirm their recognition and the need to accommodate these diversities.
DOP 3.2 The parties agree that complete political and social equalities of all peoples of the Sudan shall be guaranteed by law.
...
DOP 3.6: The parties agree that human right as internationally recognized, shall form part and parcel of this arrangement.
Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights
Human rights and equality→Civil and political rights→Equality
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
DOP 3.1 The parties agree that the Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society, and affirm their recognition and the need to accommodate these diversities.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
DOP 3.4 The GOS view is that no legislation shall adversely affect the religious right of any citizen.
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
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
DOP 3.7: The parties agree that the independence of the Judiciary shall be enshrined in the constitution and laws of the Sudan.
Prisons and detention

No specific mention.

Traditional Laws
COMMON UNDERSTANDING AND POINTS OF DIFFERENCE
...
The parties agree that:
...
DOP 3:
...
On the issue of the source of law, the view of the GOS is that Sharia, custom and the consensus of the nation shall be the sources of legislation.

Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

Natural resources

No specific mention.

International funds

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

Security Guarantees

No specific mention.

Ceasefire

No specific mention.

Police

No specific mention.

Armed forces

No specific mention.

DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces

No specific mention.

Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation

No specific mention.


Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism

No specific mention.

Related cases

No specific mention.

Source

No specific mention.


Source agreement

IGAD SECRETARIAT ON PEACE IN SUDAN

FIRST MEETING OF THE POLITICAL COMMITTEE BETWEEN GOVERNMENT OF SUDAN AND THE SUDANESE PEOPLE’S LIBERATION MOVEMENT/ARMY

Nairobi

15th – 20th January, 2000

List of Delegates

Envoys – IGAD Secretariat

AMBASSADOR DANIEL R. MBOYA SPECIAL ENVOY

H.E. MR.

FRANCIS BUTAGIRA ENVOY – UGANDA

HE. MR.

TESHOME TOGA ENVOY - ETHIOPIA

HE. MR.

GHIRMAI GHEBREMARIAM ENVOY - ERITREA

MR. AHMED ISSA GABOBE ENVOY - DJIBOUTI

MR. MOHAMED S. OMAR CO-ORDINATING SEC.

Government of Sudan

HON. DR.

NAFIE ALI NAFIE HEAD OF DELEGATION

HON. DR.

MUTRIF SIDDIQ ALI

HON. MRS.

AGNES PONI LUKUDU

AMB. MUTHIANG MALUAL MABUR

JOSEPH NEWAK

KHUDHI ALIMAHADI

ABDALLA DENG

ABDULRAHMAN IBRAHIM

MR. DIRDIRI

Sudanese People’s Liberation Movement/Army

MR. NHIAL DENG NHIAL HEAD OF DELEGATION

MR. DENG ALOR KUOL

DR. JUSTIN YAAC AROP

DR. ELUZAL MOGGA YOKWE

MR. MARTIN OHURO OKERRUK

ELIJAH MALOK ALENG

RAPPORTEURS — IGAD.SECRETARIAT

MRS. F.W. KEIRU

MS. LYDIA A. ABURA

MR. MOHAMED A. GUYO ASST.

TO SPECIAL ENVOY

COMMON UNDERSTANDING AND POINTS OF DIFFERENCE

DOP 1:

The parties reiterate their commitment to the peaceful resolution of the conflict under the auspices of the IGAD Peace Process based on the Declaration of Principles (DOP).

The parties agree that:

1.1 The history and nature of the Sudan conflict demonstrate that a military solution cannot bring lasting peace and stability to the country.

1.2 A peaceful and just political solution must be the common objective of the parties to the conflict.

DOP 2:

The parties agree that the right of self-determination of the people of Southern Sudan to determine their future status through a referendum must be affirmed.

The parties agree to the exercise of self-determination of the people of Southern Sudan as of the borders of 01/01/56.

The GOS contend that Abyei is not part of Southern Sudan but the position of Abyei may be discussed.

The GOS does not accept that Southern Kordofan and Southern Blue Nile are part of South Sudan and hence self-determination is not relevant.

With regard to-Abyei, the SPLM/A shall respect the will and the wish of the people of Abyei through a referendum whether to be part of Southern Sudan or remain in the North.

The Dinka Ngok people and the territory of Abyei shall therefore be administered as part of Southern Sudan.

The SPLM view that the right of self-determination should be affirmed to the people of Southern Kordofan and Southern Blue Nile.

However, this case shall be further explored at the commencement of the Transitional Committee.

DOP 3:

The parties agree in principle to maintain the unity of the Sudan.

The SPLM/A maintain, however, that the unity is conditioned to the separation of state and religion during the interim period and the outcome of the referendum on the right of self-determination.

The GOS contend that Unity of Sudan is not contingent on the issue of the separation of state and religion and administration, and that these are issues that may be negotiated.

DOP 3.1 The parties agree that the Sudan is a multi-racial, multi-ethnic, multi-religious and multi-cultural society, and affirm their recognition and the need to accommodate these diversities.

DOP 3.2 The parties agree that complete political and social equalities of all peoples of the Sudan shall be guaranteed by law.

DOP 3.3 On the issue of self-administration, the GOS prefers federation whereas SPLM/A prefers confederation.

The SPLM/A is not concerned with labels but rather with the substance and not withstanding its preference for a confederation, it has no objection to any arrangement during the interim period that guarantees:

state and religion are separated

The equitable representation at all the National Institutions of all the entities making up the union.

DOP 3.4 The GOS view is that no legislation shall adversely affect the religious right of any citizen.

On the issue of the source of law, the view of the GOS is that Sharia, custom and the consensus of the nation shall be the sources of legislation.

The SPLM/A reiterated its previous position on constitutional separation of state and religion.

In recognition of the multi-religious, multi-racial, multi-cultural and multi-national character of the Sudan, the SPLM/A calls for the separation of state and religion;

and therefore no single religion shall be made a state religion or a source of laws.

The constitution and the laws must remain secular and all organs and institutions of the state shall be neutral on religion.

DOP 3.5: The parties agree that appropriate and fair sharing of wealth among the various peoples of the Sudan must be realized.

DOP 3.6: The parties agree that human right as internationally recognized, shall form part and parcel of this arrangement.

DOP 3.7: The parties agree that the independence of the Judiciary shall be enshrined in the constitution and laws of the Sudan.

The GOS agreed that the agreement reached shall be enshrined in the constitution.

The SPLM/A agreed that the understanding that will be reached shall be the basis of the new constitution during the Interim Period.

SIGNED BY:

SPECIAL ENVOY

IGAD SECRETARIAT ON PEACE IN SUDAN

HEAD OF DELEGATION

GOVERNMENT OF SUDAN

HEAD OF DELEGATION

SUDANESE PEOPLE’S LIBERATION MOVEMENT/ARMY (SPLM/A)

ON THE 20TH JANUARY, 2000

***

IGAD SECRETARIAT

1. AMBASSADOR DANIEL R. MBOYA

SPECIAL ENVOY

2. H.E. MR FRANCIS BUTAGIRA

ENVOY - UGANDA

3. H.E. MR.

TESHOME TOGA

ENVOY - ETHIOPIA

4. HE.

MR.

GHIRMAI GHEBREMARIAM

ENVOY - ERITREA

5. MR.

AHMED ISSA GABOBE

ENVOY – DJIBOUTI

6. MOHAMED S. OMAR

CO-ORDINATING SECRETARY

7. MRS.

F.W. KEIRU

RAPPORTLUR

8. MS.

LYDIA OBURA

RAPPORTEUR

9. MOHAMED A. GUYO

RAPPORTEUR

***

LIST OF DELEGATIONS

GOS

1. HON.

DR.

NAFIE ALI NAFIE

HEAD OF DELEGATION

ADVISOR TO THE PRESIDENCY ON PEACE

2. HON.

DR.

MUTRIF SIDDIO ALI

STATE MINISTER FOR PEACE IN THE PRESIDENCY

3. HON.

MRS AGNES PONI LUKUDU

FEDERAL MINISTER FOR MANPOWER

4. AMB.

MUTINANG MALUAL MABUR

DIRECTOR FOR PEACE & HUMAN RIGHTS

5. JOSEPH NEWAK

6. KHUDHI ALIMAHADI

7. ABDALLA DENG

8. ABDULRAHMAN IBRAHIM

***

SPLM/A

1. MR.

NHIAL DENG NHIAL

CHAIRMAN — POLITICAL COMMITTEE

3. MR.

DENG ALOR KUOL

MEMBER

4. DR.

JUSTIN YAAC AROP

MEMBER

5. DR.

ELUZAL MOGGA YOKWE

SECRETARY

6. MR.

MARTIN OHURO OKERRUK

CO-ORDINATOR/RAPPORTEUR

7. ELIJAH MALOK ALENG