Framework Agreement to Resolve the Conflict in Darfur between the Government of Sudan and the LJM

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Country/entity: Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Framework Agreement to Resolve the Conflict in Darfur between the Government of Sudan and the LJM
Date: 18 Mar 2010
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: Darfur-Sudan peace process
Parties: For the Government of Sudan (GoS): Dr. Ghazi Salah Eldeen Atabani, Advisor to the president of the Republic of Sudan, Who is in charge of Darfur file;
For Justice and Liberation Movement (LJM): Dr. Tejani Sisei Mohammed Atem, Chairman of the Liberation and Justice Movement;
Third parties: Witnessed by:
For the State of Qatar: Ahmed bin Abdulla Al-Mahmoud, Minister of State for Foreign Affairs and Member of the Cabinet; For the AU-UN Mediation: Djbrill Yipènè Bassolé, Joint Chief Mediator;
Description: An agreement between the Parties that establishes general principles, a ceasefire, general amnesty, the role of civil society, as well as issues to be negotiated and technical workshops for capacity-building in conducting negotiations. The agreement is to be implemented on the basis of solidarity and political partnership that unite the two Parties.

Agreement document: SD_100318_Framework GoS LJM.pdf (opens in new tab) | Download PDF

Main category: Page 1, 1. General Principles
(2) Reaffirmation of democracy, political pluralism, freedom, the maintenance of a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the press, the accountability and transparency of state institutions, and justice and equality for all regardless of ethnicity, religion, belief and gender as the 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 2, 1. General Principles
(3) Recognition of citizenship as the basis for political and civil rights and duties and rejection of discrimination based on religion, belief, ethnicity, gender or any other reasons;

Page 3, 6. Role of Civil Society.
Agreement on the importance of the role of civil society in the peace process and the necessity to establish mechanisms for general participation, in particular by civil society to ensure that the views, voice, needs, rights of women, youth, displaced people, refugees and vulnerable groups are reflected in the negotiations. To secure support of the political parties and the public for the peace process and the ensuing agreement to achieve a durable peace.

Women, girls and gender

Participation: Participation→Effective participation
Page 1, 1. General Principles
(2) Reaffirmation of democracy, political pluralism, freedom, the maintenance of a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the press, the accountability and transparency of state institutions, and justice and equality for all regardless of ethnicity, religion, belief and gender as the 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;
Participation→Citizenship
Page 2, 1. General Principles
(3) Recognition of citizenship as the basis for political and civil rights and duties and rejection of discrimination based on religion, belief, ethnicity, gender or any other reasons;
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: New institutions→Reconciliation and peace
Page 3, 6. Role of Civil Society.
Agreement on the importance of the role of civil society in the peace process and the necessity to establish mechanisms for general participation, in particular by civil society to ensure that the views, voice, needs, rights of women, youth, displaced people, refugees and vulnerable groups are reflected in the negotiations. To secure support of the political parties and the public for the peace process and the ensuing agreement to achieve a durable peace.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: No specific mention.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

Framework Agreement to Resolve the Conflict in Darfur Between the Government of Sudan (GOS) and Liberation and Justice Movement (LJM)

Within the Framework of the ongoing peace negotiations in Doha under the auspices of the State of Qatar and the African Union - United Nations Joint Chief Mediator for Darfur, and as part of the efforts currently exerted to reach a durable and just solution to the conflict in Darfur,

In accordance with the United Nations' Principles and Charter and the Covenants of the African Union and the Community of the Sahel and Saharan States and other regional organizations relating to settlement of disputes by peaceful means,

Desirous of resolving the conflict in Darfur by peaceful means within the framework of a comprehensive settlement which addresses its root causes;

Reaffirming the unity, sovereignty, independence and territorial integrity of the Sudan;

Taking into consideration the National Constitution of the Republic of the Sudan, and the Comprehensive Peace Agreement (CPA), signed in Naivasha on 9 January 2005, and

Believing in the need for a genuine national reconciliation as a basis for reaching a durable peace in Darfur,

The Government of Sudan and the Liberation and Justice Movement have agreed upon this Framework Agreement as a basis for negotiating a resolution of the conflict in Darfur in all its aspects and in a just, comprehensive and durable manner as follows:

1 – General Principles

(1) Agreement to respect and safeguard the Sudan's sovereignty and territorial integrity and recognition of the nation's multi-cultural, multi-religious, multi-lingual and multi-ethnic character;

(2) Reaffirmation of democracy, political pluralism, freedom, the maintenance of a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the press, the accountability and transparency of state institutions, and justice and equality for all regardless of ethnicity, religion, belief and gender as the 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) Recognition of citizenship as the basis for political and civil rights and duties and rejection of discrimination based on religion, belief, ethnicity, gender or any other reasons;

(4) Commitment to a an efficient federal system of government, with devolution of powers and a clear distribution of powers and responsibilities between the central and all levels of governance, to ensure effective local participation and fair administration of Sudan in general and Darfur in particular;

(5) Alleviation of the suffering of the population of Darfur, protecting it from violence, intimidation and abuse and promoting its well-being and human rights;

(6) Support for the implementation of United Nations Security Council resolutions supporting the peace process and African Union decisions on Darfur and the international humanitarian law;

(7) Fair and equitable power and wealth-sharing in accordance with population-size and other criteria.

(8) Provision of humanitarian assistance on the basis of human principles and the best internationally established practices.

(9) Affirming the right of refugees and displaced persons to return voluntarily to their original homes together with the provision of conducive environment and assistance for them in accordance with a clear-cut strategy.

(10) Promotion of reconciliation and re-establishment of the concept of peaceful coexistence among all Darfurian communities.

(11) Giving priority to the rehabilitation and reconstruction of Darfur and undertaking the necessary steps to redress the consequences of the conflict.

(12) Creation of mechanisms to allow the population of Darfur to take ownership of the final agreement and assist in its implementation.

2 – The Ceasefire

(1) Announcement of ceasefire and cessation of all other hostilities.

Such a ceasefire shall be immediately effective upon the signing of this Framework Agreement, and the signing of the final cease-fire.

UNAMID will monitor the cessation of hostilities in accordance with mechanisms to be agreed upon.

(2) Commitment of the parties to fully cooperate with UNAMID to implement ceasefire and control their respective groups.

3 – General Amnesty

(1) Issuance of a general amnesty for the civil and military members of the Liberation, and Justice Movement (LJM), and the release of the war prisoners and sentenced persons from both sides, after the final signing of this Agreement.

4 – Issues of Negotiations

Agreement on the following negotiation issues:

(1) Power-sharing, enabling Darfur citizens to participate at all levels of governance on the basis of democracy, political pluralism and full equality between the citizens and according to a fair percentage of the population size.

(2) Addressing the situation resulting from the holding of 2010 elections through the participation of the Movement at different levels of governance according to the manner to be agreed upon by the parties and addressing any imbalance in the representation of the population of the Darfurian communities.

(3) Administrative status of Darfur.

(4) Sharing of national wealth and resources;

(5) Security arrangements and the final ceasefire.

(6) Land issues, Hawakir and pastoral routes;

(7) Compensation of the refugees and internally displaced persons in Darfur.

(8) Humanitarian issues;

(9) Issues of justice, the rule of law and reconciliation;

(10) Any other issues to be agreed upon by the parties.

5 – Technical workshops

Agreement to request the Mediation to organize workshops to enable the desirous parties to acquire necessary capacities for conducting negotiations.

6- Role of Civil Society

Agreement on the importance of the role of civil society in the peace process and the necessity to establish mechanisms for general participation, in particular by civil society to ensure that the views, voice, needs, rights of women, youth, displaced people, refugees and vulnerable groups are reflected in the negotiations.

To secure support of the political parties and the public for the peace process and the ensuing agreement to achieve a durable peace.

7- Partnership

The implementation of this agreement shall be based on goodwill and be established on the basis of solidarity and political partnership in line with principles and national issues that unite the two parties.

8 – General Provisions

(1) In the case of any disagreement between the parties over the interpretation or implementation of this Framework Agreement the difference shall be referred to the Mediation for settlement.

(2) The final Agreement and its additional implementing protocols shall be prepared, negotiated and signed in Doha before the end of March 2010.

(3) This Agreement shall enter into force immediately after its signature by the parties.

(4) This agreement shall be appropriately incorporated into the 2005 Interim Constitution.

(5) Agreement on time lines for the implementation of the Agreement.

Done in Doha, on Thursday being the 18th of March 2010 in Arabic and English languages, both texts being equally authentic.

For the For

Government of Sudan Liberation and Justice Movement

(GoS) (LJM)

Dr. Ghazi Salah Eldeen Atabani Dr. Tejani Sisei Mohammed Atem

Advisor to the president of the Republic of Chairman of the Liberation and Justice

Sudan, Who is in charge of Darfur file Movement

Witnessed by,

For the State of Qatar For the AU-UN Mediation

Ahmed bin Abdulla Al-Mahmoud Djbrill Yipènè Bassolé

Minister of State for Foreign Affairs Joint Chief Mediator

and Member of the Cabinet,