Memorandum of Understanding between the Government of the Sudan and the Sudan People's Liberation Movement/Army on Aspects of Structures of Government

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Memorandum of Understanding between the Government of the Sudan and the Sudan People's Liberation Movement/Army on Aspects of Structures of Government
Date: 18 Nov 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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: Dr. Ghazi Salahuddin Atabani, The Government of the Sudan; Cdr. Salva Kiir Mayardit, The Sudan People's Liberation Movement/Army
Third parties: Witnessed by: Lt. Gen. Lazaro K. Sumbeiywo, Special Envoy IGAD Sudan Peace Process and on
Behalf of the IGAD Envoys
Description: An agreement between the Parties that provides principles, to be incorporated into a final peace agreement, on the governance of Sudan including provisions political and wealth power-sharing. Additionally, the Parties recommit themselves to the pursuit of a lasting peace, and provide for an extension of the Memorandum of Understanding on the Cessation of Hostilities until March 31, 2003.

Agreement document: SD_021118_MoU with SPLM on Government Aspects.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: - To recognize the national sovereignty of the Sudan as vested in its people as well as the need to give expression to the aspirations of the people of Southern Sudan in all spheres of Government and to provide for linkages between the different levels of Government;

Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - - To general principles of inter-governmental relations;

Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To establish a Government of National Unity during the Interim Period.
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)→New political institutions (indefinite)
Page 1, 1. That within the above context, they have reached agreement concerning numerous
aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]

Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;

Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To a collegial decision-making process within the Presidency;

Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To establish a Government of National Unity during the Interim Period.
Elections: Page 1, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To hold free and fair general elections during the Interim Period;
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To ensure that the National Civil Service and Cabinet Ministries be representative of the people of Sudan, and that specifically the people of Southern Sudan shall be equitably represented at the senior and middle levels;
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;

Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - In general terms to the sequence and process governing constitutional review and implementation of the Peace Agreement;

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 1, 1. That within the above context, they have reached agreement concerning numerous aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement:
Power sharing→Political power sharing→Executive coalition
State level
Page 1, 1. ...In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement:
- To recognize the national sovereignty of the Sudan as vested in its people as well as the need to give expression to the aspirations of the people of Southern Sudan in all spheres of Government and to provide for linkages between the different levels of Government;

- To ensure that the National Civil Service and Cabinet Ministries be representative of the people of Sudan, and that specifically the people of Southern Sudan shall be equitably represented at the senior and middle levels;
...
- To establish a Government of National Unity during the Interim Period.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]
...
- To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 1, 1. That within the above context, they have reached agreement concerning numerous
aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]

Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To the general principles for sharing revenue and natural resources;
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, 1. That within the above context, they have reached agreement concerning numerous
aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]

Page 1, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To promote the welfare of the people and protect their human rights and fundamental freedoms;
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: Rights related issues→Media and communication→Media roles
Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To implement an information campaign throughout Sudan to popularize the Peace Agreement in the context of the Machakos Protocol;
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 1, 1. That within the above context, they have reached agreement concerning numerous
aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights. The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...]
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: Page 2, 1. In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement: [...] - To the general principles for sharing revenue and natural resources;
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: Security sector→Ceasefire→General commitments
Page 2, 3. [...] The Parties have also agreed in a separate document to extend the Memorandum of Understanding (MOU) on the Cessation of Hostilities to the 31st of March, 2003 and to continue their regularly scheduled meetings under the terms of reference established by the Cessation of Hostilities Committee to facilitate the implementation of that MOU.
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: Page 2, 3. [...] The Parties have also agreed in a separate document to extend the Memorandum of Understanding (MOU) on the Cessation of Hostilities to the 31st of March, 2003 and to continue their regularly scheduled meetings under the terms of reference established by the Cessation of Hostilities Committee to facilitate the implementation of that MOU.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE SUDAN (GOS) AND THE SUDAN PEOPLE'S LIBERATION MOVEMENT/ARMY (SPLM/A) ON ASPECTS OF STRUCTURES OF GOVERNMENT

Nairobi, Kenya

18th November 2002

The Government of the Republic of The Sudan and the Sudan People's Liberation Movement/Sudan People's Liberation Army (the Parties) have continued their negotiations from 14th October to 18th November, 2002 in Machakos and Nairobi,

Kenya, under the auspices of the IGAD Sudan Peace Process;

and The Parties reaffirm their commitment to a negotiated, peaceful, comprehensive resolution to the Sudan conflict within the context of the Machakos Protocol of 20th July 2002 which stipulates that unity shall be the priority of the Parties during the Interim Period.

The Parties hereby agree:

1. That within the above context, they have reached agreement concerning numerous aspects of the Structures of Government, including aspects of Power Sharing, the Judiciary and Human Rights.

The Parties record that they have reached a measure of understanding on the texts on Structures of Government and revenue sharing on which they have been jointly engaged.

In particular, the Parties have agreed in principle to the following, which will be incorporated in the final Peace Agreement:

- To recognize the national sovereignty of the Sudan as vested in its people as well as the need to give expression to the aspirations of the people of Southern Sudan in all spheres of Government and to provide for linkages between the different levels of Government;

- To promote the welfare of the people and protect their human rights and fundamental freedoms;

- To hold free and fair general elections during the Interim Period;

- To a bicameral National Legislature with equitable representation of the people of Southern Sudan in both legislative chambers;

- To ensure that the National Civil Service and Cabinet Ministries be representative of the people of Sudan, and that specifically the people of Southern Sudan shall be equitably represented at the senior and middle levels;

- To hold a census during the Interim Period;

- To the general principles for sharing revenue and natural resources;

- To establish a number of independent commissions;

- To general principles of inter-governmental relations;

- In general terms to the sequence and process governing constitutional review and implementation of the Peace Agreement;

- To a collegial decision-making process within the Presidency;

- The allocation of the majority of functional areas of competence of the different levels of government;

- To establish a Government of National Unity during the Interim Period.

- To implement an information campaign throughout Sudan to popularize the Peace Agreement in the context of the Machakos Protocol;

- That the remaining issues still to be agreed in draft text No.

4 on Structures of Government presented by the Mediators shall form the starting point for their further negotiations.

2. To recommit themselves to continue to search for lasting peace and, without prejudice to the positions of the Parties, to resolve all outstanding issues and incorporate them into the final Peace Agreement.

3. To resume and conduct negotiations in January 2003 in good faith and goodwill in order to operationalize the above principles and achieve a just and comprehensive peace in the Sudan at the earliest possible time.

The Parties have also agreed in a separate document to extend the Memorandum of Understanding (MOU) on the Cessation of Hostilities to the 31st of March, 2003 and to continue their regularly scheduled meetings under the terms of reference established by the Cessation of Hostilities Committee to facilitate the implementation of that MOU.

_____________________________

Dr. Ghazi Salahuddin Atabani

For: The Government of the Sudan

________________________________

Cdr. Salva Kiir Mayardit

For: The Sudan People's Liberation Movement/Army

________________________

WITNESSED BY:

Lt. Gen. Lazaro K. Sumbeiywo

Special Envoy

IGAD Sudan Peace Process and on

Behalf of the IGAD Envoys