Jeddah Declaration of Commitment to Protect the Civilians of Sudan

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Country/entity: Sudan
Region: Africa (excl MENA)
Agreement name: Jeddah Declaration of Commitment to Protect the Civilians of Sudan
Date: 11 May 2023
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: Sudan Transition Process
Parties: Sudanese Armed Forces, Rear Admiral, Mahjoub Bushra Ahmed Rahma

Rapid Support Forces, Brigadier General, Omer Hamdan Ahmed Hammad
Third parties: United States, Saudi Arabia
Description: The "Jeddah Declaration of Commitment to Protect the Civilians of Sudan," signed on May 11, 2023, by representatives of the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), outlines a series of commitments primarily centered on the protection of civilians and the facilitation of humanitarian aid amid ongoing conflict. The commitments include respecting international humanitarian and human rights law, ensuring the protection and well-being of civilians, preventing incidental harm, and facilitating the unimpeded passage of humanitarian relief. Furthermore, the declaration emphasizes the necessity of discussions towards a short-term ceasefire and a subsequent permanent cessation of hostilities.

Agreement document: SD_230511_Jeddah Declaration of Commitment to Protect the Civilians of Sudan.pdf (opens in new tab) | Download PDF

Main category: Refrain from any form of torture or other cruel, inhumane or degrading treatment, including sexual violence of all kinds.

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: No specific mention.
Violence against women: Violence against women→Sexual violence
Commitments
...
Refrain from any form of torture or other cruel, inhumane or degrading treatment, including sexual violence of all kinds.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

Jeddah Declaration of Commitment to Protect the Civilians of Sudan

Preamble

Recognizing the necessity of uplifting the plight and misery from our people resulting from the ongoing fighting since April 15, 2023, in particular in the capital of Khartoum, responding to urgent humanitarian needs of our civilian citizens,

Responding to the various initiatives of the brotherly and friendly countries, led by the Saudi-American initiative,

We, the undersigned, representing the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF), with this Declaration of Commitment, reaffirm our core obligations under International Humanitarian Law to facilitate humanitarian action to meet the needs of civilians.

We affirm our unwavering commitment to the sovereignty of Sudan and to maintaining its unity and territorial integrity.

We recognize that commitment to the Declaration of Commitment will not affect any legal, security, or political status of the parties signing it, nor will it be linked to participation in any political process.

We welcome the efforts exerted by Sudan’s friends who can use their relationships and good offices to ensure respect for International Humanitarian Law and for international human rights law, including by committing to this Declaration and immediately implementing it.

None of the points listed below displace any obligations or principles under International Humanitarian Law and/or international human rights law that apply in this armed conflict, in particular the Protocol Additional (II) of 1977 to the Geneva Conventions of 1949, and that all parties must meet.

Commitments

1. We agree that the interests and well-being of the Sudanese people are our top priority and affirm our commitment to ensure that civilians are protected at all times.

This includes allowing safe passage for civilians to leave areas of active hostilities on a voluntary basis, in the direction they choose.

2. We affirm our responsibility to respect International Humanitarian Law and international human rights law, including obligations to:

Distinguish at all times between civilians and combatants and between civilian objects and military targets.

Refrain from any attack that may be expected to cause incidental civilian harm that would be excessive in relation to the concrete and direct military advantage anticipated.

Take all feasible precautions to avoid and minimize civilian harm, with an aim to vacate urban centers, including civilian houses.

Civilians should not be used as human shields, for example.

Ensure that checkpoints are not used to infringe upon the principle of the freedom of movement for civilians and humanitarian actors.

Allow all civilians to voluntarily and safely leave areas of hostilities and any besieged areas.

Commit to safeguard the needs and necessities indispensable to the survival of the civilian population, which can include foodstuffs, agricultural areas, crops, and livestock.

Looting, ransacking, and ravaging are prohibited.

Commit to vacate and refrain from occupying, as well as to respect and protect all public and private facilities, such as hospitals and water and electricity installations, and refrain from using them for military purposes.

Commit to respect and protect medical transports such as ambulances and refrain from using them for military purposes.

Commit to respect and protect medical personnel and public installations.

Uphold and not hamper the right of civilians to pass and travel via roads and bridges, inside and outside the State of Khartoum.

Take all possible measures to collect and evacuate the wounded and sick, including combatants, without discrimination, and allow humanitarian organizations to do so;

do not impede medical evacuations, including during active hostilities.

Refrain from the recruitment of children and the use of children in hostilities.

Refrain from engaging in forced disappearances and arbitrary detention of civilians.

Refrain from any form of torture or other cruel, inhumane or degrading treatment, including sexual violence of all kinds.

Treat all persons deprived of their liberty in a humane manner and provide principal humanitarian organizations with regular access to persons in detention.

3. We recognize that humanitarian activities solely aim to alleviate human suffering and protect the lives and dignity of persons who are not or are no longer fighting.

We agree on the need to allow principal humanitarian operations to resume and to protect humanitarian personnel and assets, including to:

Respect the fundamental humanitarian principles of humanity, impartiality, neutrality, and operational independence.

Allow and facilitate the rapid and unimpeded passage of humanitarian relief, including medical and surgical equipment, and ensure relief personnel the freedom of movement required for their functions.

This includes:

Facilitating the safe, rapid and unimpeded passage of humanitarian personnel through all available routes (and any established humanitarian corridors) as needs require, into and within the country, including the movement of humanitarian convoys.

Adopting simple and expedited procedures for all logistical and administrative arrangements necessary for humanitarian relief operations.

Observing the implementation of regular humanitarian pauses and days of tranquility as needed.

Refraining from interference with principal humanitarian operations and never accompany side by side humanitarian personnel carrying out humanitarian activities, in conformity with the Amended Directives and Procedures for Humanitarian Action in Sudan.

Protect and respect humanitarian workers, assets, supplies, offices, warehouses, and other facilities.

Armed actors must not interfere in the actions of humanitarian operations.

While respecting the principle of the neutrality of humanitarian actors, armed actors must guarantee the security of corridors for transport and areas for storage and distribution.

It is prohibited to attack, harass, intimidate or arbitrarily detain personnel, or to attack, destroy, misappropriate or loot relief supplies, installations, material, units or vehicles.

4. We commit to exert all efforts to ensure that these commitments—and all obligations of International Humanitarian Law—are fully disseminated within our ranks and appoint focal points to engage with humanitarian actors to facilitate their activities.

5. We will enable responsible humanitarian actors, such as the Sudanese Red Crescent and/or the International Committee of the Red Cross to collect, register, and bury the deceased in coordination with competent authorities.

6. We will take all necessary measures to ensure that all persons acting on our instructions, direction or control abide by International Humanitarian Law, and in particular the commitments provided for in this Declaration of Commitment.

7. In furtherance of the principles and commitments contained herein, we commit to prioritizing discussions to achieve a short-term ceasefire to facilitate the delivery of emergency humanitarian assistance and restoration of essential services, and we commit to scheduling subsequent expanded discussions to achieve a permanent cessation of hostilities.

Signed in Jeddah on 11 May 2023 with the facilitation of the Kingdom of Saudi Arabia and the United States of America.

Sudanese Armed Forces, Rear Admiral, Mahjoub Bushra Ahmed Rahma

Rapid Support Forces, Brigadier General, Omer Hamdan Ahmed Hammad