Ceasefire Agreement between the Government of Sudan and the LJM

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Country/entity: Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Ceasefire Agreement 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: Ceasefire/related
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 Liberation and Justice Movement (LJM): Dr. Tejani Sisei Mohammed Ateem, 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, State of Qatar;

For the AU-UN Mediation: Djibril Yipènè Bassolé, AU-UN Joint Chief Mediator for Darfur;
Description: A short agreement focusing on the creation of a ceasefire between the Government of Sudan and the Liberation and Justice Movement. Agreement focuses on the immediate terms of the ceasefire, as well as the terms for working with UNAMID in order to implement the ceasefire.

Agreement document: SD_100318_Ceasefire GoS LJM.pdf (opens in new tab) | Download PDF

Main category: Page 3, THE PARTIES HEREBY
(2) Agree to:
a - Immediately cease and refrain from any:
...
10. All acts and forms of gender-based violence;
11. Recruitment or use of boys and girls under age 18 years;

Page 4, THE PARTIES HEREBY
(7) The Parties shall refrain from recruiting children as soldiers or combatants, consistent with the African Charter on the Rights and Welfare of Children, the Convention on the Right of the Child (CRC) and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict and agree to immediately release and hand over to the UN upon the signing of this Agreement all boys and girls associated with armed forces and groups in accordance with international norms.

Page 4, THE PARTIES HEREBY
(8) In areas of GoS control, the GoS police shall investigate all crimes, including those committed against women and children, and ensure the prosecution of the perpetrators and the protection of the victims. The GoS agrees to give UNAMID unimpeded access and information to monitor these activities.

Women, girls and gender

Participation: No specific mention.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: International law→International human rights standards
Page 4, THE PARTIES HEREBY
(7) The Parties shall refrain from recruiting children as soldiers or combatants, consistent with the African Charter on the Rights and Welfare of Children, the Convention on the Right of the Child (CRC) and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict and agree to immediately release and hand over to the UN upon the signing of this Agreement all boys and girls associated with armed forces and groups in accordance with international norms
New institutions: No specific mention.
Violence against women: Violence against women→Gender-based violence/VAW (general)
Page 3, THE PARTIES HEREBY
(2) Agree to:
a - Immediately cease and refrain from any:
...
10. All acts and forms of gender-based violence;
Transitional justice: No specific mention.
Institutional reform: Institutional reform→DDR, army, parastatal or rebel forces
Page 4, THE PARTIES HEREBY
(7) The Parties shall refrain from recruiting children as soldiers or combatants, consistent with the African Charter on the Rights and Welfare of Children, the Convention on the Right of the Child (CRC) and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict and agree to immediately release and hand over to the UN upon the signing of this Agreement all boys and girls associated with armed forces and groups in accordance with international norms
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

CEASEFIRE AGREEMENT

PREAMBLE

The Government of the Sudan (GOS) and the Liberation and Justice Movement (LJM), (each, a "Party" and collectively, the "Parties"), meeting in Doha, Qatar, under the auspices of his Highness Sheikh Hamad bin Khalifa Al-Thani, Emir of the State of Qatar and the African Union/United Nations Joint Chief Mediator for Darfur (AU/UN Joint Mediator), as part of the efforts to find a lasting peace and just solution to the conflict in Darfur;

In accordance with the United Nations Charter and Principles and the covenants of the African Union and the Community of the Sahel and the Saharan States relating to the peaceful resolution of conflicts;

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

Taking into consideration the Interim National Constitution of the Republic of the Sudan, the Comprehensive Peace Agreement, signed in Naivasha on January 2005, and the Framework Agreement signed in Doha on 18 March 2010,

Deeply concerned that the continuing fighting in Darfur will lead to further loss of lives and displacement of the population;

Further concerned about the inability of humanitarian agencies to access certain areas affected by the conflict;

Recognizing the imperative need to address the urgent humanitarian crisis faced by the people of Darfur;

Recognizing that security is at the forefront of concerns raised by a large spectrum of Darfurians, including members of civil society, internally displaced persons (IDPs) and refugees;

Acknowledging the mandate of the African Union/United Nations Hybrid Operation Mission in Darfur (UNAMID) to monitor, observe the compliance with and verification of the implementation of all ceasefire agreements signed or to be signed in Darfur pursuant to the United Nations Security Council Resolution No.

1769, dated 31 July 2007 (UNSC Resolution), and the Agreement between the United Nations, the African Union and the Government of Sudan concerning the Status of the African Union/United Nations Hybrid Operation in Darfur (Status of Forces Agreement), dated 9 February 2008;

Condemning all acts of violence against civilians and violations of human rights and humanitarian law;

Convinced that the Darfur conflict cannot be resolved militarily and that a durable solution can only be obtained through an inclusive political process and negotiations and recognizing that the Parties have agreed to negotiate final security arrangements as part of a comprehensive peace agreement in accordance with the Framework Agreement;

Determined to establish confidence-building measures for the purpose of permanently ending the conflict in Darfur;

Resolved to create and maintain a climate of peace, calm and confidence in Darfur, particularly throughout the negotiation process;

and

Determined to take concrete action to ensure the security of the people of Darfur through peaceful settlement of the conflict;

THE PARTIES HEREBY

(1) Solemnly declare and faithfully agree to observe an immediate and complete cessation of hostilities between the two parties, both on land and in the air, in Darfur, the Sudan, commencing [12:01] one minute past twelve's hours local Darfur time on 19 March 2010.

(2) Agree to:

a- Immediately cease and refrain from any:

1- Acts of hostility, violence or intimidation against the civilian population in Darfur and IDPs;

2- Abstention from undertaking any activity that is likely to jeopardize the wording and sprit of this Agreement

3- Military or other armed activity in Darfur, including redeployment and movement of forces for offensive purposes against the other Party or any armed groups which are signatories to the Darfur Peace Agreement;

4- Recruitment or any other military activity within or in the proximity of the camps of refugees and IDPs;

5- Offensive, provocative or retaliatory action against the other Party, or against any armed groups or civilian areas;

6- Acts of violence or attacks against UNAMID personnel, installations or equipment, members of local or international non-governmental organizations (NGOs), international organizations, humanitarian agencies, their staff, installations or equipment, and members of the media;

7- Actions that impede or delay the provision of humanitarian assistance or protection to civilians;

8- Restrictions on the safe, free and unimpeded movement of humanitarian agencies;

9- Use or laying of landmines;

10- All acts and forms of gender-based violence;

11- Recruitment or use of boys and girls under age 18 years;

12- Restrictions on the free movement of people or goods;

13- Offensive, provocative or retaliatory actions against any party signatory to the Darfur Peace Agreement (DPA), signed on 5 May 2006 in Abuja, Nigeria or signatories to the Declarations of Commitment to the DPA, signed thereafter;

14- Other activities that could endanger or undermine their commitment to a complete and durable cessation of hostilities;

15- Hostile propaganda against the other Party or any armed group which is signatory to the Darfur Peace Agreement;

16- Activity that is prohibited elsewhere in this Agreement and the Framework Agreement;

and

17- Activity that UNAMID or the CFC determine to be a violation of the ceasefire based upon this Agreement and the Framework Agreement;

b. Further undertake to ensure:

1- Free movement of people and goods;

2- Unimpeded humanitarian access to the population in need;

3- Protection of humanitarian workers and their operations in areas under their control;

4- Full cooperation with UNAMID personnel to combat criminal acts, protect human rights and promote confidence among the Parties so they may engage in free movement and implement their respective mandates;

5- That the terms of this Agreement are communicated, through their chain of command, to all elements of their armed forces, and armed groups under their control or influence;

6- That all elements of each of their armed forces armed groups which are signatories to the Darfur Peace Agreement implement the terms of this Agreement and the Framework Agreement;

-7 That all elements of each of their armed forces armed groups which are signatories to the Darfur Peace Agreement comply with the terms of this Agreement and the Framework Agreement;

-8 To stop hostile propaganda against the other Party or any armed group.

-9 The Ceasefire shall be for three months to be renewed upon agreement by the two parties.

(3) The Parties agree that the civil organs of the state should exercise their full functions regarding the provision of services to citizens and administration of their affairs.

(4) The Parties agree that UNAMID shall establish a ceasefire commission (CFC) and three sector sub-ceasefire commissions (Sub-CFCs) in accordance with governing modalities provided for in Annex I to this Agreement, the UNSC Resolution and the Status of Forces Agreement.

The mandate of the CFC shall include, but not be limited to, to the following:

(i) monitor and verify implementation of the provisions of this Agreement, (ii) investigate, verify, report and identify perpetrators of all violations of this Agreement, or complaints, as the case may be, (iii) determine the location of the Parties, (iv) determine, in consultation with the Parties, the areas of control of the LJM forces, and (v) create demilitarised and buffer zones where they are deemed necessary.

These zones shall be monitored and patrolled by UNAMID.

(5) The Parties shall disclose to the CFC their locations and equipment thereof, number and types of weapons, strength of their forces and any other information that UNAMID or the CFC may request.

The CFC shall verify the accuracy of this information on the ground in Darfur.

(6) In order to ensure the ability of the CFC to effectively carry out its responsibilities, each Party agrees to appoint to the CFC two representatives with sufficient rank, experience and authority to make decisions on behalf of each of the relevant Parties.

The Parties shall also be required to identify a Liaison Officer, who shall be responsible for carrying out liaison activities with the sector Sub CFC.

(7) The Parties shall refrain from recruiting children as soldiers or combatants, consistent with the African Charter on the Rights and Welfare of Children, the Convention on the Right of the Child (CRC) and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict and agree to immediately release and hand over to the UN upon the signing of this Agreement all boys and girls associated with armed forces and groups in accordance with international norms.

(8) In areas of GoS control, the GoS police shall investigate all crimes, including those committed against women and children, and ensure the prosecution of the perpetrators and the protection of the victims.

The GoS agrees to give UNAMID unimpeded access and information to monitor these activities.

(9) The Parties agree to endevour to resolve any dispute among themselves over the interpretation of this Agreement by consensus in the CFC and, if such dispute is not resolved, the Parties agree to refer such dispute to the AU/UN Joint Mediator for settlement.

(10) Each Party shall have the right to refer any violation to this Agreement to the CFC.

(11) This Agreement shall become effective immediately after its signature by the Parties.

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

For the For

Government of Sudan Liberation and Justice Movement (LJM)

(GoS)

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

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 Adbulla Al-Mahmoud Djbrill Yipènè Bassolé

Minister of State for Foreign Affairs AU-UN Joint Chief Mediator for Darfur

and Minister of the Cabinet,

State of Qatar