Cooperation Agreement between Sudan and South Sudan

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Cooperation Agreement between Sudan and South Sudan
Date: 27 Sep 2012
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Territory
Peace process: North - South Sudan secession process
Parties: H.E. Omar Hassan Al Bashir, President of the Republic of the Sudan, on behalf of the Government of the Republic of the Sudan; H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, on behalf of: the Government of the Republic of South Sudan
Third parties: Witnessed by: H.E. Thabo Mvuyelwa Mbeki, Chairperson, African Union High Level Implementation Panel, on behalf of the AUHIP; H.E. Haile Mariam Dessalegne, Prime Minister of Ethiopia, on behalf of the Intergovernmental Authority for Development.
Description: An agreement that establishes the principles of cooperation between the two states, specifically the African Union Constitutive Act and the UN Charter concerning relations and cooperation, and reaffirms the Parties' commitment to the prior agreements on security arrangements. The Parties further commit to ratify, implement, and monitor all agreements relating to the CPA and post-secession matters. Furthermore, it is also agreed to complete negotiations on the final status of the Abyei Area.

Agreement document: SD_120927_Cooperation Agreement between Sudan and South 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): Page 4, 2. Peaceful Relations
(1) The Parties affirm their commitment to respect the principles of the African Union Constitutive Act and the United Nations Charter concerning relations and cooperation between states and shall respect each other's sovereignty and territorial integrity.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: Page 2, Preamble
Hailing the successful conclusion of the negotiations between the two States on several critical issues, relating to outstanding Comprehensive Peace Agreement (2005) commitments and post-secession arrangements, which have yielded several Agreements;
Accession/unification: No specific mention.
Border delimitation: Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(iii) The Agreement on Border Issues (including Demarcation);

Page 6, 4. Outstanding Negotiations and CPA Commitments
(1) The Parties shall strive to complete, expeditiously, the negotiation of the outstanding Comprehensive Peace Agreement (CPA) issue of the disputed and claimed border areas.
(2) The AUHIP will continue to engage the issue of the final status of the Abyei Area through discussion with the AU Peace and Security Council, as well as the Parties.
Cross-border provision: Page 2, Preamble
Reaffirming the shared commitment of the Government of the Republic of the Sudan and the Government of the Republic of South Sudan to the overriding imperative and principle of building two viable states, in which the peace, welfare and prosperity of their peoples will be secured;
Recognising that the people of South Sudan and Sudan share a long and rich common heritage and are bound by the immutable facts of geography to remain interdependent neighbours;
Mindful of the urgent need to bring peace, security and stability to the people of Sudan and South Sudan who have endured conflict for decades; [...]
Confident that these agreements are important milestones in the normalisation of relations between the two States, which lay the foundation for attaining their common vision of building two viable, peaceful, friendly and stable States;

Page 3, Principles of Cooperation
1. Establishing Two viable States
(1) Recognising their historical and abiding connections, the Parties recommit themselves to the overriding principle of establishing Sudan and South Sudan as two viable states, stable, secure and at peace with each other and their neighbours.
(2) The Parties shall cooperate across the range of areas of common interest, in order to build two viable states. They shall adopt the necessary policies and arrangements to strengthen their cooperation.

Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(ii) The Framework Agreement on the Status of Nationals of the Other State;
(iv) The Agreement on a Framework for Cooperation on Central Banking Issues;
(v) The Agreement on Trade and Trade-Related Issues;

Page 6, 5. Cooperation Mechanisms
(1) The Parties shall establish and sustain viable mechanisms and frameworks for cooperation and for managing their bilateral relations, including through regular Summit Meetings of their Heads of State, as well as through cooperation at Ministerial and Technical levels.
(2) The Parties shall establish viable mechanisms for settling any dispute or difference that might arise between them and shall prevent any dispute from undermining their peaceful relations.

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: Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(vii) The Framework Agreement to Facilitate Payment of Post-Service Benefits (including Pensions);
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Fiscal federalism
Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(i) The Agreement concerning Oil and related Economic Matters;
(iv) The Agreement on a Framework for Cooperation on Central Banking Issues;
(v) The Agreement on Trade and Trade-Related Issues;
(vi) The Agreement on Certain Economic Matters: Division of Assets and Liabilities, Arrears and Claims and Joint Approach to the International Community;
(vii) The Framework Agreement to Facilitate Payment of Post-Service Benefits (including Pensions); and,
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 4, 2. Peaceful Relations
(1) The Parties affirm their commitment to respect the principles of the African Union Constitutive Act and the United Nations Charter concerning relations and cooperation between states and shall respect each other's sovereignty and territorial integrity.
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: No specific mention.
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 development
Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(vii) The Framework Agreement to Facilitate Payment of Post-Service Benefits (including Pensions); and,
National economic plan: No specific mention.
Natural resources: Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(i) The Agreement concerning Oil and related Economic Matters; [...]
(vi) The Agreement on Certain Economic Matters: Division of Assets and Liabilities, Arrears and Claims and Joint Approach to the International Community;
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: Socio-economic reconstruction→Banks→Central bank
Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(iv) The Agreement on a Framework for Cooperation on Central Banking Issues;
Socio-economic reconstruction→Banks→International finance
Page 5, 3. Agreements Completed
(1) The Parties further commit themselves to implement the following Agreements:
(vi) The Agreement on Certain Economic Matters: Division of Assets and Liabilities, Arrears and Claims and Joint Approach to the International Community;

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 4, 2. Peaceful Relations
(2) The Parties have entered into several agreements and arrangements relating to their common security. The Parties shall ensure the full implementation of these agreements, which include:
(i) Joint Position Paper on Security Arrangements (7 December 2010);
(ii) Joint Position Paper on Border Security (30 May 2011);
(iii) Kadugli Agreement on the Border Monitoring Support Mission (8 August 2011);
(iv) Temporary Arrangements for the Administration and Security of the Abyei Area (20 June 2011);
(v) Border Security and the Joint Political Security Mechanism (29 June 2011);
(vi) Agreement on the Border Monitoring Support Mission (30 July 2011);
(vii) Memorandum of Understanding on Non-aggression and Cooperation (10 February 2012);
(viii) Establishment of the Ad Hoc Committee (23 June 2012); and,
(ix) Agreement on Security Arrangements (26 September 2012).
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: Witnessed by: H.E. Thabo Mvuyelwa Mbeki, Chairperson, African Union High Level Implementation Panel, on behalf of the AUHIP; H.E. Haile Mariam Dessalegne, Prime Minister of Ethiopia, on behalf of the Intergovernmental Authority for Development.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3, The Parties hereby commit themselves faithfully to implement jointly and in a coordinated manner all the Agreements referred to in this Cooperation Agreement, consistent with the following: [...]

Page 6, 4. Outstanding Negotiations and CPA Commitments
(3) The Parties shall expedite the development of modalities for implementing and monitoring all the agreements relating to the CPA and post-secession matters.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

The Cooperation Agreement Between The Republic of the Sudan and The Republic of South Sudan

Addis Ababa, 27 September 2012

Preamble

Reaffirming the shared commitment of the Government of the Republic of the Sudan and the Government of the Republic of South Sudan to the overriding imperative and principle of building two viable states, in which the peace, welfare and prosperity of their peoples will be secured;

Recognising that the people of South Sudan and Sudan share a long and rich common heritage and are bound by the immutable facts of geography to remain interdependent neighbours;

Mindful of the urgent need to bring peace, security and stability to the people of Sudan and South Sudan who have endured conflict for decades;

Hailing the successful conclusion of the negotiations between the two States on several critical issues, relating to outstanding Comprehensive Peace Agreement (2005) commitments and post-secession arrangements, which have yielded several Agreements;

Confident that these agreements are important milestones in the normalisation of relations between the two States, which lay the foundation for attaining their common vision of building two viable, peaceful, friendly and stable States;

Affirming their determination to work in close partnership, to finalise outstanding details remaining in relation to the Agreements they have reached, relevant to the implementation of the Agreements thus finalised;

Committed to fulfil in good faith the obligations they have assumed under these Agreements;

Recalling and affirming the obligations arising from the decision of the African Union Peace and Security Council in its Communiqué of 24 April 2012, as endorsed by United Nations Security Council Resolution 2046 of 2 May 2012, and further reflected in the Communiqué of the African Union Peace and Security Council of 3 August 2012;

Acknowledging with gratitude the facilitation of the African Union High Level Implementation Panel under the chairmanship of President Thabo Mbeki, with General Abdusalami Abubakar and President Pierre Buyoya, supported by Prime Minister Haile Mariam Dessalengne, the United Nations, the Intergovernmental Authority on Development and other international and regional partners, and their indefatigable support and solidarity with the Parties’ efforts to normalise their relations:

Acknowledging, in particular, the tireless support, encouragement and dedicated contribution of Meles Zenawi, the late Prime Minister of Ethiopia, for the negotiations between the Parties;

The Parties hereby commit themselves faithfully to implement jointly and in coordinated manner all the Agreements referred to in this Cooperation Agreement, consistent with the following:

Principles of Cooperation

1. Establishing Two viable States

(1) Recognising their historical and abiding connections, the Parties recommit themselves to the overriding principle of establishing Sudan and South Sudan as two viable states, stable, secure and at peace with each other and their neighbours.

(2) The Parties shall cooperate across the range of areas of common interest, in order to build two viable states.

They shall adopt the necessary policies and arrangements to strengthen their cooperation.

2. Peaceful Relations

(1) The Parties affirm their commitment to respect the principles of the African Union Constitutive Act and the United Nations Charter concerning relations and cooperation between states and shall respect each other’s sovereignty and territorial integrity.

(2) The Parties have entered into several agreements and arrangements relating to their common security.

The Parties shall ensure the full implementation of these agreements, which include:

(i) Joint Position Paper on Security Arrangements (7 December 2010);

(ii) Joint Position Paper on Border Security (30 May 2011);

(iii) Kadugli Agreement on the Border Monitoring Support Mission (8 August 2011);

(iv) Temporary Arrangements for the Administration and Security of the Abyei Area (20 June 2011);

(v) Border Security and the Joint Political Security Mechanism (29 June 2011);

(vi) Agreement on the Border Monitoring Support Mission (30 July 2011);

(vii) Memorandum of Understanding on Non-aggression and Cooperation (10 February 2012);

(viii) Establishment of the Ad Hoc Committee (23 June 2012);

and,

(ix) Agreement on Security Arrangements (26 September 2012).

Completion of Negotiations

3. Agreements Completed

(1) The Parties further commit themselves to implement the following Agreements:

(i) The Agreement concerning Oil and related Economic Matters;

(ii) The Framework Agreement on the Status of Nationals of Other State;

(iii) The Agreement on Border Issues (including Demarcation);

(iv) The Agreement on a Framework for Cooperation on Central Banking Issues;

(v) The Agreement on Trade and Trade-Related Issues;

(vi) The Agreement on Certain Economic Matters:

Division of Assets and Liabilities, Arrears and Claims and Joint Approach to the International Community;

(vii) The Framework Agreement to Facilitate Payment of Post-Service Benefits (including Pensions);

and,

(viii) The Agreement on Security Arrangements.

(2) The above Agreements shall enter into force immediately upon ratification of this Cooperation Agreement by the National Assembly of each State, within forty days of signing this Agreement.

Each Party shall take all necessary action to ensure timely ratification and implementation.

(3) The Parties shall establish mechanism for the effective monitoring and implementation of the Agreements detailed above.

4. Outstanding Negotiations and CPA Commitments

(1) The Parties shall strive to complete, expeditiously, the negotiation of the outstanding Comprehensive Peace Agreement (CPA) issue of the disputed and claimed border areas.

(2) The AUHIP will continue to engage the issue of the final status of the Abyei Area through discussion with the AU Peace and Security Council, as well as the Parties.

(3) The Parties shall expedite the development of modalities for implementing and monitoring all the agreements relating to the CPA and post-secession matters.

5. Cooperation Mechanisms

(1) The Parties shall establish and sustain viable mechanisms and frameworks for cooperation and for managing their bilateral relations, including through regular Summit Meetings of their Heads of State, as well as through cooperation at Ministerial and Technical levels.

(2) The Parties shall establish viable mechanisms for settling any dispute or difference that might arise between them and shall prevent any dispute from undermining their peaceful relations.

Done in Addis Ababa, this 27th day of September, 2012.

..................................................... .....................................................

H.E. Omar Hassan Al Bashir H.E. Salva Kiir Mayardit

President of the Republic of President of the Republic of

the Sudan South Sudan

On behalf of:

The Government of the The Government of the

Republic of the Sudan Republic of South Sudan

Witnessed by:

..................................................................

H.E. Thabo Mvuyelwa Mbeki

Chairperson, African Union High Level Implementation Panel,

On behalf of the AUHIP

..................................................................

H.E. Haile Mariam Dessalegne

Prime Minister of Ethiopia,

On Behalf of the Intergovernmental Authority for Development