Juba Declaration on Dialogue and National Consensus

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Country/entity: South Sudan
Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Juba Declaration on Dialogue and National Consensus
Date: 30 Sep 2009
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: 36 Participants [Most signatures in Arabic and illegible]
Ali Hussein Dousha
Third parties: -
Description: Re-affirming, re-negotiation agreement touching on the important of National Dialogue and Consensus, National Reconciliation, renewal of the Comprehensive Peace Agreement (CPA), importance of democracy, and the economic and social situation.

Agreement document: SD_090930_Juba Declaration on Dialogue and National Consensus.pdf (opens in new tab) | Download PDF

Main category: Page 3, PREAMBLE
The aim is to ensure full implementation of all peace agreements and all constitut
2.2 The APPC urges the Presidency to form “Truth and Reconciliation Committee (TRC)” to ional arrangements prescribed in the Interim National Constitution (INC), 2005; including respect for human rights and the rule of law, political empowerment of women, conduct of free and fair elections, holding of referendum for the people of Southern Sudan and popular consultation for Southern Kordofan and Blue Nile States. The commitment to resolve the conflict in Darfur is duly emphasized.

Page 4, 1. DIALOGUE AND NATIONAL CONSENSUS
1.1. The APPC maintains that the process of forging national consensus requires open dialogue without prior conditions or exclusion of any party. The APPC in Juba is the first such process since the signing of all peace agreements, particularly the Comprehensive Peace Agreement (CPA). There is need to continue this free democratic dialogue among all national forces, civil society and women organizations.

Women, girls and gender

Participation: Participation→Effective participation
Page 3, PREAMBLE
The aim is to ensure full implementation of all peace agreements and all constitutional arrangements prescribed in the Interim National Constitution (INC), 2005; including respect for human rights and the rule of law, political empowerment of women, conduct of free and fair elections, holding of referendum for the people of Southern Sudan and popular consultation for Southern Kordofan and Blue Nile States. The commitment to resolve the conflict in Darfur is duly emphasized.
Participation→Other
Page 4, 1. DIALOGUE AND NATIONAL CONSENSUS
1.1. The APPC maintains that the process of forging national consensus requires open dialogue without prior conditions or exclusion of any party. The APPC in Juba is the first such process since the signing of all peace agreements, particularly the Comprehensive Peace Agreement (CPA). There is need to continue this free democratic dialogue among all national forces, civil society and women organizations.
Equality: No specific mention.
Particular groups of women: No specific mention.
International law: No specific mention.
New institutions: New institutions→Infrastructure (general)
Page 4, 1. DIALOGUE AND NATIONAL CONSENSUS
1.1. The APPC maintains that the process of forging national consensus requires open dialogue without prior conditions or exclusion of any party. The APPC in Juba is the first such process since the signing of all peace agreements, particularly the Comprehensive Peace Agreement (CPA). There is need to continue this free democratic dialogue among all national forces, civil society and women organizations.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: Institutional reform→Constitution-making/reform
Page 3, PREAMBLE
The aim is to ensure full implementation of all peace agreements and all constitutional arrangements prescribed in the Interim National Constitution (INC), 2005; including respect for human rights and the rule of law, political empowerment of women, conduct of free and fair elections, holding of referendum for the people of Southern Sudan and popular consultation for Southern Kordofan and Blue Nile States. The commitment to resolve the conflict in Darfur is duly emphasized.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

JUBA DECLARATION ON DIALOGUE AND NATIONAL CONSENSUS ALL POLITICAL PARTIES;

CONFERENCE (APPC) - SUDAN Juba September 26th & 30th, 2009 Under the theme Towards full Implementation of Peace Agreements and Democratic Transformation

TABLE OF CONTENTS Preamble 3 Dialogue and National Consensus 4 National Reconciliation 4 Peace Agreements 5 Democratic Transformation 7 Economic and Social Situation 8 Foreign Policy 9 The Way Forward 9 Appendix:

(Signatures) 10

All Political Parties';

Conference Juba September 26th & 30th , 09 Juba Declaration on Dialogue and National Consensus JUBA DECLARATION ON DIALOGUE AND NATIONAL CONSENSUS PREAMBLE

A unique moment in history saw the Sudanese political parties, civil society organizations, national personalities and prominent media figures respond to an inspiring clarion call for dialogue by SPLM Leadership, headed by H.E. Gen. Salva Kiir Mayardit, and converge on a rather exceptional location.

The historic national gathering took place in Juba, capital of Southern Sudan and second capital of the Sudan, as the Interim Period draws to a close.

Representatives from the diplomatic corps and international organizations that are concerned about the situation in Sudan were also invited as observers.

The meeting comes against a backdrop of non-implementation of key provisions of the Comprehensive Peace Agreement (CPA), more especially the conduct of free and fair general elections, holding of referendum on self-determination for the people of Southern Sudan to either confirm unity of Sudan or opt for separation and holding of Abyei referendum on whether Abyei retains its special administrative status in the North or be part of Bahr el Ghazal.

The meeting also comes as the simmering crisis in Darfur is intensifying.

This underscores the need for extensive dialogue without prior conditions or exclusion of any party with a view to addressing the national crisis Sudan currently faces.

The aim is to ensure full implementation of all peace agreements and all constitutional arrangements prescribed in the Interim National Constitution (INC), 2005;

including respect for human rights and the rule of law, political empowerment of women, conduct of free and fair elections, holding of referendum for the people of Southern Sudan and popular consultation for Southern Kordofan and Blue Nile States.

The commitment to resolve the conflict in Darfur is duly emphasized.

The All Political Party Conference (APPC) set up Leadership Council comprising the leaders of political parties and general assembly, consisting of all delegates.

The APPC constituted Sudan peoples' parliament where delegates conducted free, open dialogue in a transparent democratic environment.

The Leadership Council met on September 26 to adopt the APPC's agenda and to draw up a set of rules to govern proceedings.

The general assembly met on September 27 and listened to keynote speech by the Chairman of SPLM and opening remarks by leaders of 28 political parties and 5 civil society organizations, in addition to an address by a delegation from the Peoples' Front for Democracy and Justice (PFDJ) of Eritrea.

On September 28, the APPC set up 5 working committees to discuss key national issues, namely implementation of all peace agreements, democratic transformation, national reconciliation and healing, economic and social situation in addition to foreign policy.

Inspired by a spirit of patriotism and candor and after having exhaustively deliberated on the agenda on September 26 & 30, the APPC therefore resolves as follows:

All Political Parties' Conference Juba September 26th & 30th , 09 | Juba Declaration on Dialogue and National Consensus

1. DIALOGUE AND NATIONAL CONSENSUS 1.1.

The APPC maintains that the process of forging national consensus requires open dialogue without prior conditions or exclusion of any party.

The APPC in Juba is the first such process since the signing of all peace agreements, particularly the Comprehensive Peace Agreement (CPA).

There is need to continue this free democratic dialogue among all national forces, civil society and women organizations.

1.2. The APPC renews invitation to the National Congress Party (NCP) and all those who did not join in this national endeavor to do so, especially at a time when our country is gripped by national crisis and is in dire need of such dialogue.

2. NATIONAL RECONCILIATION 2.1.

The APPC recognizes the historical injustices leveled against the individuals and groups across Sudan, particularly in Southern Sudan and Darfur since the Independence, and stresses the importance of documenting those injustices and apologizing for them as a prelude to true national reconciliation.

2.2. The APPC urges the Presidency to form “Truth and Reconciliation Committee (TRC)” to investigate all violations and atrocities committed against those individuals and groups and to take appropriate measures to address their grievances either through instituting judicial processes or material and moral compensation.

This is critical for bringing about forgiveness, reconciliation and healing of wounds.

2.3. The APPC maintains that achieving the objective referred to in Paragraph 2.2 above demand full implementation of outstanding key provisions of the CPA, more especially the provisions related to democratic transformation.

2.4. The APPC further maintains that national reconciliation also entails prioritizing marginalized areas all over Sudan in the allocation of development projects.

The Presidency shall, in this respect, draw on similar experiences in other countries, especially in Africa.

All Political Parties' Conference Juba September 26th & 30th , 09 | Juba Declaration on Dialogue and National Consensus

3.1. 3.

PEACE AGREEMENTS Comprehensive Peace Agreement (CPA) 3.1.1.

Reaffirms commitment to full implementation of CPA which is essential to sustainable peace and confidence building between the North and South Sudan.

In this regard, the APPC resolves the following:

3.1.1.1.

Holding of referendum on self-determination within the period stipulated in the CPA and Interim National Constitution (INC), 2005;

3.1.1.2.

Enactment of Referendum Bill during the prorogation of the current National Assembly, with simple majority vote (50%+1) being threshold for either confirming unity of Sudan or opting for secession and providing for all Southern Sudanese to take part in this process;

and

3.1.1.3.

Demarcation of North-South borders prior to the holding of general elections.

3.1.2.

Emphasizes the importance of bringing all laws in consonance with the INC, 2005

3.1.3.

Calls for holding Popular Consultation in Southern Kordofan and Blue Nile States after the conduct of credible population census to ensure the elected Legislatures truly express the will of the people in the two States.

3.1.4.

Adheres to the decision of the Permanent Court of Arbitration (PCA) on Abyei, and calls for immediate demarcation of Abyei boundary in such a manner that would promote peaceful coexistence, and would uphold traditional rights of the groups, whose interests are inextricably linked to Abyei Area, to passage and grazing.

3.1.5.

Adhering to the CPA provisions on making unity attractive, the APPC decides to set up a working group focused on developing political, economic and cultural programs to promote unity during the remainder of the Interim Period while at the same time guaranteeing respect for separation in the event the people of Southern Sudan opt for it.

All Political Parties' Conference Juba September 26th & 30th , 09 | Juba Declaration on Dialogue and National Consensus

Darfur conflict 3.2.1.

Urges the full implementation of Darfur Peace Agreement (DPA), particularly the power- sharing, wealth-sharing and security provisions.

3.2.2.

Affirms that negotiation is the best mechanism for resolving the Darfur conflict and appeals to all parties to desist from military escalation of the conflict.

3.2.3.

Upholds the legitimate rights of the people of Darfur, particularly in relation to:

3.2.2.1 Share of the Region in power and civil service at the national level according to its demographic size;

3.2.2.2 Share of the Region in the national wealth in accordance with objective criteria, notably population ratio and principle of affirmative action;

3.2.2.3 Compensation for material and moral damages suffered by the individuals and groups in Darfur;

3.2.2.4 Maintaining Darfur as one Region;

and

3.2.2.5 Traditional tribal land ownership (Hawakir), and calls for the restitution of land

grabbed during the civil war to its rightful owners and for ensuring the proper utilization of land for the benefit of all the people of Darfur.

3.2.4.

Affirms zero-tolerance to impunity from prosecution and stresses that those who have committed war crimes and crimes against humanity are brought to book before an independent judiciary.

3.2.5.

Calls for immediate cease-fire to create conducive environment for the delivery of humanitarian assistance and to enable the return of internally displaced persons (IDPs) and refugees to their villages.

3.2.6.

Calls upon the international community to properly equip the United Nations African Mission in Darfur (UNAMID) to fulfill its mandate of protecting civilians in Darfur.

3.2.7.

Calls for the expeditious resolution of the Darfur conflict before the upcoming general elections to enable the participation of Darfurians in those elections.

3.2.8.

Urges the disarmament of Janjaweed and other tribal militias.

3.2.9.

Calls for the holding of the Darfur-Darfur dialogue conference with the participation of all

stakeholders with the view to sorting out Darfuri internal relations and repairing the social fabric destroyed by the civil war.

The conference shall be guided by agreed Declaration of Principles (DOP), resulting in comprehensive agreement that shall be acceptable to all Darfurians and endorsed nationally by an all-party conference.

All Political Parties' Conference Juba September 26th & 30th , 09 | Juba Declaration on Dialogue and National Consensus

Eastern Sudan Peace Agreement (ESPA) 3.3.1.

The APPC reaffirms its commitment to full implementation of ESPA and to the lifting of state of emergency.

3.3.2.

The APPC further reiterates its commitment to address the shortcomings of ESPA through the undertaking of complementary political, developmental and remedial measures to resolve the underlying grievances of the people of Eastern Sudan.

Cairo Peace Agreement 3.4.1.

The APPC resolves to expedite the implementation of all provisions of Cairo Peace Agreement, particularly those related to democratic transformation, economic reforms and redress for dismissed employees on political grounds as well as to combating corruption.

4. DEMOCRATIC TRANSFORMATION Reaffirms commitment to uphold basic freedoms as stipulated in the Basic Human Rights Charter which has been incorporated into the INC.

Calls for amending and bringing all laws related to freedoms and democratic transformation in consonance with the INC, namely the National Security Law, Criminal Procedures Law, Trade Unions Law, Immunities Law, Personal Status Law, Press and Publications Law, States' Public Order Laws.

Insists that the amendment of the laws referred to in Paragraph 4.2 herein shall be done no later than November 30, 2009, and that the participation of all political parties &that attended the APPC in Juba- in the upcoming general elections shall be conditional upon their completion.

Maintains that the results of the 5thPopulation Census are contested and that pending agreement on the same, CPA power-sharing ratios shall stand.

Calls for the conduct of free and fair elections under the right conditions, notably:

4.5.1.

Bringing laws that curtail freedoms in consonance with the INC and within the period stated above in Paragraph 4.3 herein;

4.5.2.

Resolution of Darfur conflict;

4.5.3.

Demarcation of North-South border;

4.5.4.

Agreement on acceptable formula for addressing the flaws and irregularities

characterizing the results of the 5th population census;

and

4.5.5.

Ensuring fair access for all elections' contestants to publicity by putting state-

owned media under the direct supervision and sovereign control of the National

Elections Commission (NEC) in the run-up to general elections.

All Political Parties' Conference Juba September 26th & 30th , 09 | Juba Declaration on Dialogue and National Consensus

5. ECONOMIC AND SOCIAL SITUATION 5.1.

The APPC is alarmed that, after decades of totalitarian rule, ill-considered policies of economic liberalization and structural weaknesses in the economy since Sudan's Independence in 1956, the national economy is currently in deep crisis, evident in the fall in the agricultural, pastoral and industrial production.

5.2. The APPC notes with grave concern the worsening economic situation triggered by full dependency on oil which has seen sharp decline in prices on international market.

The situation is further aggravated by the spread of rampant corruption and by the pursuit of misguided policies of privatization, plunging the country into soaring budget deficit and dire living conditions, which impact on the most disadvantaged class of society in particular.

5.3. The APPC maintains that a change of direction and a shift to new economic paradigm is critical for addressing the root causes of the economic crisis.

In this connection, the APPC recommends that the following measures be taken:

5.3.1.

Cutting public expenditure, especially in areas of security and defense.

5.3.2.

Genuinely eliminating taxation at all levels of government, especially relating to

agricultural and animal production.

5.3.3.

Reinstating the arbitrarily dismissed employees and civil servants as called for in

the INC, and implementing the constitutional provisions protecting civil servants

against arbitrary dismissals.

5.3.4.

Slimming down the institutions of government at all levels and undertaking

development initiatives with the consent of the people and to their interest,

particularly in relation to the construction of dams.

5.3.5.

Ensuring immediate implementation of projects to connect the North and South

via various means of transport, notably river, land and railways networks with a view to strengthening relations between the Sudanese people all over the countryand promoting their interests.

5.4. The APPC calls for the holding of a national economic conference to address the root causes of the current economic crisis.

All Political Parties' Conference Juba September 26th & 30th , 09 | Juba Declaration on Dialogue and National Consensus

6. FOREIGN POLICY 6.1.

The APPC reaffirms adherence to foreign policy directives, as called for in the CPA and INC, and to the pursuit of foreign policy initiatives predicated on mutual interests and good neighborliness to further Sudan national interests, including, inter alia:

6.1.1.

Ensuring respect for international conventions;

6.1.2.

Diffusing tensions with the neighboring countries to enhance regional security;

6.1.3.

Mobilizing international support for the reconstruction of war-affected areas,

especially Southern Sudan, Southern Kordofan, Blue Nile and Abyei Area, in

addition to Darfur and Eastern Sudan;

6.1.4.

Promoting national economic interests through inward investment while seeking

to ensure that Sudan has access to the benefits of international and regional

funds, and is eligible for debts write-off;

and

6.1.5.

Securing constructive partnership and engagement with the international

community to tackle the problems facing our country in such a way that would shield Sudan's national interests from foreign designs.

7. THE WAY FORWARD 7.1.

The APPC maintains that the Juba meeting marks the beginning of a long march towards the realization of national consensus;

it is neither a one-off event nor a closed elitist club.

7.2. The APPC resolves to set up the following mechanisms for coordinating the intensification and expansion of national dialogue:

7.2.1.

Leadership Council,

7.2.2.

Working Group

7.2.3.

Secretariat

7.3. The organs specified in Sub-paragraphs 7.2.1, 7.2.2 and 7.2.3 shall convene meetings aimed at forging national consensus to address key national issues and to meet the requirements of a just, comprehensive peace and genuine democratic transformation.

7.4. The APPC maintains that Juba Declaration shall be subject to periodic review, particularly in relation to democratic transformation, elections, holding of referendum on self-determination for the people of Southern Sudan, implementation of Abyei Protocol and holding of popular consultation for the people of Blue Nile and South Kordofan States, in addition to finding a just, comprehensive and lasting peace in Darfur.

All Political Parties' Conference Juba September 26th & 30th , 09 | Juba Declaration on Dialogue and National Consensus

APPENDIX SIGNED BY:

[scan of signatures]