Declaration of Principles for the Resolution of the Sudanese Conflict in Darfur

Country/entity
Sudan
Darfur
Region
Africa (excl MENA)
Agreement name
Declaration of Principles for the Resolution of the Sudanese Conflict in Darfur
Date
5 Jul 2005
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Pre-negotiation/process
Conflict nature
Government/territory
Peace process
Darfur-Sudan peace process
Parties
Mohamed Yousif Abdallah, State Minister for Humanitarian Affairs, Government of the Sudan; Khamis Abdallah Abakar, Vice-President, Sudan Liberation Movement/Army (SLM/A); Ahmed Mohamed Tugod Lissan, Head of Delegation, Justice and Equality Movement (JEM)
Third parties
Witnessed by: Dr. Salim Ahmed Salim, the AU Special Envoy for the Peace Talks on Darfur on behalf on the Mediation
Description
This agreement was ultimately incorporated in Darfur Agreement. The parties reiterate their commitment to negotiate in good faith and respect previous agreements, humanitarian law and human rights. They define principles and issues that shall guide the future negotiations: the diversity of Sudan, democracy, citizenship, power and wealth sharing, refugee's right to return, reconstruction and reconciliation as well as the management of national resources. They call for broad security arrangements and for a Darfur-Darfur Dialogue and Consultation (DDDC).


Groups

Children/youth
Groups→Children/youth→Rhetorical
Page 2, PREAMBLE,
5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur;
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
Page 2, Article 1. Respect for the diversity of the people of the Sudan is of paramount importance, as are the full recognition and accommodation of the multi-ethnic, multi-religious, as well as the development of multi-cultural character of the society. The territorial integrity and unity of the Sudan historically agreed to by the free will of its people will be enhanced by the recognition and accommodation of such diversity.
Groups→Racial/ethnic/national group→Anti-discrimination
Page 3, Article 2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.

Page 3, Article 3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Religious groups
Groups→Religious groups→Rhetorical
Page 2, PREAMBLE,
6. Recognizing that faith, traditional values and customs as well as family as the natural and basic nucleus of society, play a positive role;

Page 2, Article 1. Respect for the diversity of the people of the Sudan is of paramount importance, as are the full recognition and accommodation of the multi-ethnic, multi-religious, as well as the development of multi-cultural character of the society. The territorial integrity and unity of the Sudan historically agreed to by the free will of its people will be enhanced by the recognition and accommodation of such diversity.
Groups→Religious groups→Anti-discrimination
Page 3, Article 2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.

Page 3, Article 3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons
Groups→Refugees/displaced persons→Rhetorical
Page 3, Article 9. Refugees and internally displaced persons (IDPs) have an inalienable right to return to their places of origin in accordance with International Law and UN norms and standards. To this end, the Parties to the conflict and the international community shall take concrete measures to create a conducive environment to provide the necessary assistance to IDPs and Refugees.
Social class

No specific mention.


Gender

Women, girls and gender
Page 1, Preamble
...
5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur

Page 2, Article 3
Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Men and boys

No specific mention.

LGBTI

No specific mention.

Family
Page 1, PREAMBLE,
6. Recognizing that faith, traditional values and customs as well as family as the natural and basic nucleus of society, play a positive role;

State definition

Nature of state (general)
Page 2, PREAMBLE,
7. Reaffirming our commitment to the unity, sovereignty, territorial integrity and independence of the Sudan;

Page 2, Article 1. Respect for the diversity of the people of the Sudan is of paramount importance, as are the full recognition and accommodation of the multi-ethnic, multi-religious, as well as the development of multi-cultural character of the society. The territorial integrity and unity of the Sudan historically agreed to by the free will of its people will be enhanced by the recognition and accommodation of such 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)

No specific mention.

Elections

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society
Page 4, Article 14. Agreements reached by the Parties shall be presented to the people of Darfur to secure their support through Darfur - Darfur dialogue and consultation.
Traditional/religious leaders

No specific mention.

Public administration
Page 3, Article 4. A federal system of government, with an effective devolution of powers and a clear distribution of responsibilities between the national and other levels of governance, is considered essential for ensuring effective local participation and fair administration of Sudan in general and Darfur in particular. In this context, issues relating to the Native Administration should be addressed.

Page 3, Article 5. Effective representation in all government institutions at the national level, including the Legislative, Judicial and Executive branches, as well as economic and cultural institutions shall be ensured for effective participation by the citizens of the Sudan, including those from Darfur.
Constitution
Governance→Constitution→Constitution affirmation/renewal
Page 4, Article 12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed. Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders. Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.
Governance→Constitution→Constitutional reform/making
Page 3, Article 3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.

Page 4, Article 16. All Agreements reached by the Parties shall be incorporated into the National Constitution.

Power sharing

Political power sharing
Power sharing→Political power sharing→General
State level
Page 3, Article 7. Power sharing and wealth sharing shall be addressed in accordance with a fair criteria to be agreed by the Parties.
Territorial power sharing
Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 3, Article 4. A federal system of government, with an effective devolution of powers and a clear distribution of responsibilities between the national and other levels of governance, is considered essential for ensuring effective local participation and fair administration of Sudan in general and Darfur in particular. In this context, issues relating to the Native Administration should be addressed.

Page 3, Article 5. Effective representation in all government institutions at the national level, including the Legislative, Judicial and Executive branches, as well as economic and cultural institutions shall be ensured for effective participation by the citizens of the Sudan, including those from Darfur.

Page 3, Article 6. National wealth shall be distributed equitably. This is essential to ensure the effectiveness of the devolution of power in Darfur, within the framework of a federal system of government, and to ensure that due consideration is given to the socioeconomic needs of Darfur.
Economic power sharing
Power sharing→Economic power sharing→Sharing of resources
Page 3, Article 6. National wealth shall be distributed equitably. This is essential to ensure the effectiveness of the devolution of power in Darfur, within the framework of a federal system of government, and to ensure that due consideration is given to the socioeconomic needs of Darfur.

Page 3, Article 7. Power sharing and wealth sharing shall be addressed in accordance with a fair criteria to be agreed by the Parties.
Military power sharing

No specific mention.


Human rights and equality

Human rights/RoL general
Page 2, PREAMBLE,
5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur;

Page 3, Article 2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.
Bill of rights/similar

No specific mention.

Treaty incorporation
Page 2, PREAMBLE,
5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur;

Page 3, Article 8. Humanitarian assistance will be provided on the basis of humanitarian principles including those enshrined in International Humanitarian Law, UN norms and standards.

Page 3, Article 9. Refugees and internally displaced persons (IDPs) have an inalienable right to return to their places of origin in accordance with International Law and UN norms and standards. To this end, the Parties to the conflict and the international community shall take concrete measures to create a conducive environment to provide the necessary assistance to IDPs and Refugees.
Civil and political rights
Human rights and equality→Civil and political rights→Equality
Page 3, Article 2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.

Page 3, Article 3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Human rights and equality→Civil and political rights→Freedom of association
Page 3, Article 3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 3, Article 3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Socio-economic rights

No specific mention.


Rights related issues

Citizenship
Rights related issues→Citizenship→Citizens, specific rights
Page 3, Article 3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Democracy
Page 3, Article 2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.
Detention procedures

No specific mention.

Media and communication
Rights related issues→Media and communication→Media roles
Page 3, Article 2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.
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, Article 2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.
Prisons and detention

No specific mention.

Traditional Laws
Page 4, Article 12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed. Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders. Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 3, Article 8. Humanitarian assistance will be provided on the basis of humanitarian principles including those enshrined in International Humanitarian Law, UN norms and standards.

Page 3, Article 9. Refugees and internally displaced persons (IDPs) have an inalienable right to return to their places of origin in accordance with International Law and UN norms and standards. To this end, the Parties to the conflict and the international community shall take concrete measures to create a conducive environment to provide the necessary assistance to IDPs and Refugees.

Page 3, Article 10. Rehabilitation and reconstruction of Darfur is a priority; to that end, steps shall be taken to compensate the people of Darfur and address grievances for lives lost, assets destroyed or stolen, and suffering caused.

Page 4, Article 12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed. Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders. Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.
National economic plan

No specific mention.

Natural resources

No specific mention.

International funds
Page 4, Article 15. The guarantee of the AU and assistance of the international community shall be sought to ensure the implementation of Agreements reached for the resolution of the conflict in Darfur.
Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights
Land, property and environment→Land reform/rights→Land reform and management
Page 4, Article 12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed. Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders. Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.
Pastoralist/nomadism rights
Page 4, Article 12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed. Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders. Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.
Cultural heritage
Land, property and environment→Cultural heritage→Promotion
Page 3, Article 11. The promotion of reconciliation, the restoration of the traditional and time honored peaceful coexistence among the communities of Darfur, based on the principle of mutual respect, and the commitment to prevent future divisions are essential to restore and sustain lasting peace and stability in Darfur.
Land, property and environment→Cultural heritage→Other
Page 2, PREAMBLE,
6. Recognizing that faith, traditional values and customs as well as family as the natural and basic nucleus of society, play a positive role;
Environment
Page 3, Article 9. Refugees and internally displaced persons (IDPs) have an inalienable right to return to their places of origin in accordance with International Law and UN norms and standards. To this end, the Parties to the conflict and the international community shall take concrete measures to create a conducive environment to provide the necessary assistance to IDPs and Refugees.
Water or riparian rights or access
Page 4, Article 12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed. Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders. Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.

Security sector

Security Guarantees
Page 2, PREAMBLE,
4. Convinced that the core of the current conflict in Darfur is political and socioeconomic which can only be resolved through peaceful means and within the framework of a comprehensive settlement that addresses its various causes and aspects;

Page 4, Article 13. Broad security arrangements to consolidate the restoration of peace shall be addressed in the context of a Comprehensive Agreement.
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
Transitional justice→Reparations→Material reparations
Page 3, Article 10. Rehabilitation and reconstruction of Darfur is a priority; to that end, steps shall be taken to compensate the people of Darfur and address grievances for lives lost, assets destroyed or stolen, and suffering caused.
Reconciliation
Page 2, PREAMBLE,
4. Convinced that the core of the current conflict in Darfur is political and socioeconomic which can only be resolved through peaceful means and within the framework of a comprehensive settlement that addresses its various causes and aspects;

Page 3, Article 11. The promotion of reconciliation, the restoration of the traditional and time honored peaceful coexistence among the communities of Darfur, based on the principle of mutual respect, and the commitment to prevent future divisions are essential to restore and sustain lasting peace and stability in Darfur.

Implementation

UN signatory

No specific mention.

Other international signatory
Witnessed by: Dr. Salim Ahmed Salim, the AU Special Envoy for the Peace Talks on Darfur on behalf on the Mediation
Referendum for agreement

No specific mention.

International mission/force/similar
Page 4, Article 15. The guarantee of the AU and assistance of the international community shall be sought to ensure the implementation of Agreements reached for the resolution of the conflict in Darfur.
Enforcement mechanism

No specific mention.

Related cases

No specific mention.

Source
UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/sudan-declaration-resolution-darfur2005

DECLARATION OF PRINCIPLES FOR THE RESOLUTION OF THE SUDANESE CONFLICT IN DARFUR

1. We, the Government of the Sudan (hereinafter the GoS), the Sudan Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM), henceforth referred to as the Parties, meeting in Abuja, Nigeria, under the auspices of the African Union (AU), as part of the efforts to find a lasting solution to the conflict in Darfur;

2. Reiterating our commitment to our previous agreements, namely the Humanitarian Ceasefire Agreement signed in N'djamena, Chad, on 8 April 2004 the Agreement on the Modalities for the Establishment of the Ceasefire Commission (CFC) and the Deployment of Observers signed in Addis Ababa, Ethiopia, on 28 May 2004, as well as the Protocols on the Improvement of the Humanitarian Situation in Darfur and on the Enhancement of the Security Situation in Darfur, both signed in Abuja, Nigeria, on 9 November 2004;

3. Reaffirming our commitment to the full implementation of relevant UN Security Council resolutions and African Union decisions stressing the need to reach a political solution in order to bring the conflict in Darfur to an end;

4. Convinced that the core of the current conflict in Darfur is political and socio- economic which can only be resolved through peaceful means and within the framework of a comprehensive settlement that addresses its various causes and aspects;

5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur;

6. Recognizing that faith, traditional values and customs as well as family as the natural and basic nucleus of society, play a positive role;

7. Reaffirming our commitment to the unity, sovereignty, territorial integrity and independence of the Sudan;

8. Recognizing that the signing of the Comprehensive Peace Agreement between the Government of the Sudan (GoS) and the Sudan People's Liberation Movement/Army (SPLM/A), on 9 January 2005, constitutes a significant step towards finding a just, peaceful and lasting solution to the conflict in the Sudan.

Agree that the following principles shall guide our future deliberations and constitute the basis for a just, comprehensive and durable settlement of the conflict in Darfur:

1. Respect for the diversity of the people of the Sudan is of paramount importance, as are the full recognition and accommodation of the multi-ethnic, multi-religious, as well as the development of multi-cultural character of the society.

The territorial integrity and unity of the Sudan historically agreed to by the free will of its people will be enhanced by the recognition and accommodation of such diversity.

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2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a basis for the effective participation of all Sudanese citizens in the management of their own affairs and decision-making processes at all levels of governance.

3. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese.

No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason.

This shall be incorporated into the National Constitution.

4. A federal system of government, with an effective devolution of powers and a clear distribution of responsibilities between the national and other levels of governance, is considered essential for ensuring effective local participation and fair administration of Sudan in general and Darfur in particular.

In this context, issues relating to the Native Administration should be addressed.

5. Effective representation in all government institutions at the national level, including the Legislative, Judicial and Executive branches, as well as economic and cultural institutions shall be ensured for effective participation by the citizens of the Sudan, including those from Darfur.

6. National wealth shall be distributed equitably.

This is essential to ensure the effectiveness of the devolution of power in Darfur, within the framework of a federal system of government, and to ensure that due consideration is given to the socio- economic needs of Darfur.

7. Power sharing and wealth sharing shall be addressed in accordance with a fair criteria to be agreed by the Parties.

8. Humanitarian assistance will be provided on the basis of humanitarian principles including those enshrined in International Humanitarian Law, UN norms and standards.

9. Refugees and internally displaced persons (IDPs) have an inalienable right to return to their places of origin in accordance with International Law and UN norms and standards.

To this end, the Parties to the conflict and the international community shall take concrete measures to create a conducive environment to provide the necessary assistance to IDPs and Refugees.

10. Rehabilitation and reconstruction of Darfur is a priority;

to that end, steps shall be taken to compensate the people of Darfur and address grievances for lives lost, assets destroyed or stolen, and suffering caused.

11. The promotion of reconciliation, the restoration of the traditional and time honored peaceful coexistence among the communities of Darfur, based on the principle of mutual respect, and the commitment to prevent future divisions are essential to restore and sustain lasting peace and stability in Darfur.

12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed.

Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders.

Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.

13. Broad security arrangements to consolidate the restoration of peace shall be addressed in the context of a Comprehensive Agreement.

14. Agreements reached by the Parties shall be presented to the people of Darfur to secure their support through Darfur - Darfur dialogue and consultation.

15. The guarantee of the AU and assistance of the international community shall be sought to ensure the implementation of Agreements reached for the resolution of the conflict in Darfur.

16. All Agreements reached by the Parties shall be incorporated into the National Constitution.

17. The Parties commit themselves to undertake negotiations to end the conflict in Darfur in good faith.

For the Government of the Sudan

Mohamed ¥usif Abdallah

State Minister for Humanitarian Affairs

For the Sudan Liberation Movement/Army

Khamis Abdallah Abakar Vice-President

Witnessed by:

The AU Special Envoy for the

Peace Talks on Darfur on behalf of the Mediation

Dr. Salim Ahmed Salim

Abuja, 5 July 2005

For the Justice and Equality Movement

Ahmed Mohamed Tugod Lissan Head of Delegation