Agreement on a Short-Term Ceasefire and Humanitarian Arrangements

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Country/entity: Sudan
Region: Africa (excl MENA)
Agreement name: Agreement on a Short-Term Ceasefire and Humanitarian Arrangements
Date: 20 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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Sudan Transition Process
Parties: Sudanese Armed Forces (SAF), the Rapid Support Forces (RSF)
Third parties: United States, Saudi Arabia
Description: The Sudanese Armed Forces and the Rapid Support Forces (RSF) agreed to a week-long ceasefire, an outcome resulting from Saudi and US-mediated negotiations. The conflict, which has led to significant societal breakdown, including food shortages and widespread looting, has been ongoing for over five weeks, causing massive displacement. Despite previous ceasefire agreements being consistently violated, this newly enacted seven-day ceasefire, set to commence on Monday evening, follows a declaration of principles established on May 12th.

Agreement document: SD_230520_Agreement on a Short-Term Ceasefire and Humanitarian Arrangements.pdf (opens in new tab) | Download PDF

Main category: v. torture or other cruel, inhumane, or degrading treatment, including sexual, gender-based, and discriminatory 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
II. Short-Term Ceasefire
...
7. The Parties shall ensure that all forces under their control halt and refrain from the following prohibited acts, which shall constitute a violation of this Agreement:
...
v. torture or other cruel, inhumane, or degrading treatment, including sexual, gender-based, and discriminatory violence of all kinds;
Violence against women→Gender-based violence/VAW (general)
II. Short-Term Ceasefire
...
7. The Parties shall ensure that all forces under their control halt and refrain from the following prohibited acts, which shall constitute a violation of this Agreement:
...
v. torture or other cruel, inhumane, or degrading treatment, including sexual, gender-based, and discriminatory 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.

Agreement on a Short-Term Ceasefire and Humanitarian Arrangements

JOINT STATEMENT

MAY 20, 2023

We, the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) (hereinafter the “Parties”),

Reaffirming our unwavering commitment to the sovereignty and unity of Sudan and its territorial integrity;

Reaffirming the commitments and principles agreed upon in the Jeddah Declaration of Commitment to Protect the Civilians of Sudan of 11 May 2023;

Recognizing that the conflict in Sudan threatens civilian life and the long-term political and social stability of the country;

Further recognizing the severe personal and economic impacts of the conflict, which increase the longer the conflict continues;

Respecting the need to strengthen protection of civilians;

Determined to promote full respect for human rights and comply with their obligations under international humanitarian law;

Reaffirming commitments to reach a short-term ceasefire to facilitate the delivery of humanitarian aid;

Welcoming the support and generosity of humanitarian actors in providing and delivering humanitarian assistance to the people of Sudan, in accordance with international best practices, international humanitarian law, and cooperation with the Parties;

Hereby agree as follows:

I. General Provisions

1. The Parties agree that the purpose of this agreement is to achieve a short-term ceasefire to facilitate the delivery of emergency humanitarian assistance and restoration of essential services.

2. The Parties hereby incorporate by reference the Jeddah Declaration of Commitment to Protect the Civilians of Sudan and reaffirm all commitments therein including to vacate and refrain from occupying, as well as to respect and protect all public facilities such as hospitals, medical facilities, and water and electricity installations and refrain from using them for military purposes.

3. This Agreement shall enter into force upon signature of the Parties;

the short-term ceasefire period shall begin forty-eight (48) hours after signature and entry into force of this Agreement.

4. The Parties may agree to renew or update this Agreement for additional periods.

To renew this Agreement:

i. either Party may notify the Monitoring and Coordination Committee, not later than 48 hours prior to the expiration of this Agreement, that it is prepared to agree to a renewal and, in the event of a renewal, to propose updates;

ii. if both Parties agree, the Agreement shall be extended for the agreed upon duration;

iii. the Agreement may be further extended for additional periods by means of the same procedure;

iv. the agreement expires upon a failure to renew it.

II. Short-Term Ceasefire

1. The Parties agree to a short-term ceasefire, as provided for herein, to take effect forty-eight (48) hours after entry into force of this agreement.

The Parties commit to using the time between the entry into force of this Agreement and the start of the short-term ceasefire period to:

inform their respective forces of the terms of this Agreement;

instruct them to comply with the short-term ceasefire.

2. The short-term ceasefire period, which begins forty-eight (48) hours after signature and entry into force of this Agreement, shall remain in effect for seven (7) days.

3. Each Party shall implement this Agreement in full and in good faith and shall ensure that all forces under their command and control observe this Agreement at all times and in full.

4. The short-term ceasefire shall apply throughout all of Sudan.

5. The Parties shall communicate the short-term ceasefire to the civilian population through print, radio, and all possible means of communication.

The Parties shall provide accurate information concerning the short-term ceasefire to the media.

6. During the short-term ceasefire period, the Parties shall guarantee the freedom of movement of civilians throughout the country and to protect civilians from violence, harassment, recruitment, or other abuse.

7. The Parties shall ensure that all forces under their control halt and refrain from the following prohibited acts, which shall constitute a violation of this Agreement:

i. all violations and abuses of international human rights and violations of international humanitarian law;

ii. attacks and offensive actions, including attacks by snipers;

iii. aerial attacks and the use of military aircraft, drones, or any heavy weapons;

iv. firing on any civilian or humanitarian aircraft;

v. torture or other cruel, inhumane, or degrading treatment, including sexual, gender-based, and discriminatory violence of all kinds;

vi. targeting civilian infrastructure or population centers;

vii. acquiring, fortifying defenses, resupplying, or distributing arms or military supplies, including from foreign sources;

viii.

attempts to occupy or occupying new territory or sites, including civilian infrastructure or population centers;

ix. movement of troops, weapons, or resources, except as provided for under the permissible acts provided for in this Agreement;

x. recruitment, enlisting, or mobilization of soldiers;

xi. harassment, assaults, hostage taking, or unlawful arrests of civilians, including humanitarian workers;

xii. looting or seizure of properties, resources, or humanitarian supplies;

xiii.

restricting or obstructing the movement of civilians, including humanitarian personnel, and humanitarian goods;

xiv. making threats to use force or inciting violence;

xv. obstruction of any monitoring and verification of the short-term ceasefire;

xvi. acts of espionage by air, ground, or sea;

xvii.

using civilians as human shields;

xviii. occupying hospitals and essential infrastructure facilities, including water, electricity, and fuel installations;

xix. occupying civilian residences;

xx. using medical transports, such as ambulances, for military purposes;

xxi. forcibly disappearing or arbitrarily detaining persons;

xxii.

looting, ransacking, and ravaging;

xxiii. the use of propaganda or incitement against either party or use of any tribal or ethnic groups;

xxiv. the use of official communication channels to disseminate dis-, mis-, or mal-information about the short-term ceasefire;

xxv. impeding access to persons deprived of their liberty or humanitarian organizations’ access to them.

8. The Parties may engage in the following permissible acts:

i. Facilitating repair and restoration activities for essential services and infrastructure, such as electricity, water, and communications facilities;

ii. Medical evacuation and movement of unarmed individuals who are in need of medical care;

iii. Supplying non-combat materials, such as food, water, medicine, fuel, lubricating oils, stationary, clothing, and related administrative needs and movements, within the parties’ respective areas of control;

iv. Enable humanitarian action by facilitating the flow of relief and humanitarian assistance in accordance with the agreed regulations;

9. The Parties shall remain bound by the terms and commitments of this Agreement until the expiration of the short-term ceasefire.

10. The Parties agree to an in situ short-term ceasefire at the time of entry into force of this short-term ceasefire.

11. In the event both Parties are in direct contact and/or are along designated humanitarian corridors, the Parties shall disengage their forces;

forces of both Parties who are in direct contact in such areas will stop firing and position themselves in a defensive posture.

III. Humanitarian Arrangements

1. The Parties shall uphold the commitments and principles of the Jeddah Declaration in all their conduct, and it is considered as an integral part of this Agreement, recognizing that the Parties also have existing obligations to uphold international humanitarian law and international human rights law, which the provisions of this Agreement seek to reinforce and complement.

2. The Parties shall, in accordance with the Jeddah Declaration, create conditions favorable to supplying emergency relief and provide security guarantees for safe, unhindered access by humanitarian agencies.

3. The Parties shall secure and provide free passage and unimpeded road access along designated corridors or routes for humanitarian assistance delivery.

4. The Parties shall commit to ensuring the continuation of free, immediate, and unhindered humanitarian access, including access for the relevant utilities to repair essential civilian infrastructure and services and the non-obstruction of the flow of humanitarian assistance from within Sudan or across borders for the affected populations.

5. The Parties shall commit to ensuring the safety and protection of humanitarian workers, their equipment, and their property.

6. The Parties shall commit to protecting and securing humanitarian assistance from looting, theft, corruption, and ransacking.

7. The Parties shall take comprehensive measures to guarantee the movement and protection of humanitarian assistance convoys, including ensuring safety without interfering with humanitarian actors.

8. The Parties shall abide by the principles and spirit of international humanitarian law while implementing the short-term ceasefire.

9. The Parties shall provide the ICRC with relevant information regarding all detainees and prisoners who were detained or withheld as a consequence of the conflict to enable it to carry out its duties.

IV. Monitoring and Coordination Committee for the Short-Term Ceasefire and Humanitarian Assistance

1. The Parties agree to the creation of a short-term ceasefire and Humanitarian Monitoring and Coordination Committee (“Monitoring and Coordination Committee”) to monitor short-term ceasefire compliance and adherence with this Agreement.

2. The Monitoring and Coordination Committee shall be comprised of three (3) representatives each of the facilitators to this Agreement—the Kingdom of Saudi Arabia and the United States of America—and three (3) representatives of each Party.

The Parties shall name their representatives and share them with the Kingdom of Saudi Arabia and the United States facilitators upon the signing of this Agreement.

3. The Monitoring and Coordination Committee shall maintain regular direct contact with SAF and RSF leadership and designated focal points for all necessary coordination of short-term ceasefire implementation and humanitarian assistance.

4. The Monitoring and Coordination Committee will receive communications from the SAF, the RSF, the Kingdom of Saudi Arabia, the United States, and international humanitarian actors such as UNOCHA and ICRC operating in Sudan regarding short-term ceasefire violations or any behavior that may otherwise endanger the short-term ceasefire or the provision of humanitarian assistance, including actions by other parties.

5. The Monitoring and Coordination Committee shall convene its meetings—in person and/or virtually—for purposes of coordination, information sharing, addressing allegations of violations, and defining the committee’s internal procedures.

6. The Monitoring and Coordination Committee shall provide a platform for receiving complaints and resolving disputes regarding allegations of violations, and to the extent possible investigate or verify allegations of violations, identify the parties involved in any violations, and mediate disputes or disagreements between the Parties.

7. In the event of the Monitoring and Coordination Committee determining that a break or violation of the provisions of this Agreement has occurred, the Monitoring and Coordination Committee shall define the appropriate measures, which include, but are not limited to:

i. Notifying the Party that committed, or is accused of committing, the violation;

ii. Publicly identifying the Party having committed the violation;

iii. Calling for accountability for perpetrators of violations, especially for any grave crimes or abuses.

8. The Monitoring and Coordination Committee shall help facilitate coordination with relevant humanitarian actors, including UNOCHA and ICRC, in making arrangements for immediate, full, and unhindered humanitarian access and delivery of assistance and repair of essential civilian infrastructure and services, including but not limited to:

i. ensuring all actors respect international humanitarian law;

ii. ensuring the protection of civilians and their freedom of movement;

iii. ensuring all actors fully respect the humanitarian principles of humanity, neutrality, impartiality, and independence;

iv. ensuring full, safe, and unhindered movement for all humanitarian organizations, civil society groups and community organizations in the short-term ceasefire area, to enable those entities to provide timely, needs-based assistance to those affected by the conflict and repairs of essential infrastructure and services;

v. maintaining and empowering focal points from each Party, who will be the primary liaisons for humanitarian operations and coordination;

vi. guaranteeing the protection—with respect for the impartiality of humanitarian action—of humanitarian personnel, resources, operating space, and corridors as required and requested;

vii. removing any bureaucratic or security impediments to humanitarian access and action, to allow for the rapid and efficient humanitarian action and repairs of essential services;

viii. ensuring unfettered humanitarian access to allow for the safe resumption of humanitarian aid activities and repairs of essential civilian infrastructure and services;

ix. upholding obligations to displaced persons, as well as the respect to refugees, under international law, and implementing appropriate measures to ensure the protection and safety of all refugees in Sudan.