Declaration of Principles for the Resolution of the Sudanese Conflict in Darfur

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Country/entity: Sudan
Darfur
Region: Africa (excl MENA)
Agreement name: Declaration of Principles for the Resolution of the Sudanese Conflict in Darfur
Date: 5 Jul 2005
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Darfur-Sudan peace process
Parties: Mohamed Yousif Abdallah, State Minister for Humanitarian Affairs, Government of the Sudan; Khamis Abdallah Abakar, Vice-President, Sudan Liberation Movement/Army (SLM/A); Ahmed Mohamed Tugod Lissan, Head of Delegation, Justice and Equality Movement (JEM)
Third parties: Witnessed by: Dr. Salim Ahmed Salim, the AU Special Envoy for the Peace Talks on Darfur on behalf on the Mediation
Description: This agreement was ultimately incorporated in Darfur Agreement. The parties reiterate their commitment to negotiate in good faith and respect previous agreements, humanitarian law and human rights. They define principles and issues that shall guide the future negotiations: the diversity of Sudan, democracy, citizenship, power and wealth sharing, refugee's right to return, reconstruction and reconciliation as well as the management of national resources. They call for broad security arrangements and for a Darfur-Darfur Dialogue and Consultation (DDDC).

Agreement document: SD_050705_Declaration Principles Darfur.pdf (opens in new tab) | Download PDF

Main category: Page 1, Preamble
...
5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur

Page 2, Article 3
Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.

Women, girls and gender

Participation: Participation→Citizenship
Page 2, Article 3
Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Equality: Equality→Equality (general)
Page 2, Article 3
Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Particular groups of women: No specific mention.
International law: International law→General IHRL, IHL and IL
Page 1, Preamble
...
5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur
New institutions: No specific mention.
Violence against women: No specific mention.
Transitional justice: No specific mention.
Institutional reform: Institutional reform→Constitution-making/reform
Page 2, Article 3 Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese. No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason. This shall be incorporated into the National Constitution.
Development: No specific mention.
Implementation: No specific mention.
Other: No specific mention.

DECLARATION OF PRINCIPLES FOR THE RESOLUTION OF THE SUDANESE CONFLICT IN DARFUR

1. We, the Government of the Sudan (hereinafter the GoS), the Sudan Liberation Movement/Army (SLM/A) and the Justice and Equality Movement (JEM), henceforth referred to as the Parties, meeting in Abuja, Nigeria, under the auspices of the African Union (AU), as part of the efforts to find a lasting solution to the conflict in Darfur;

2. Reiterating our commitment to our previous agreements, namely the Humanitarian Ceasefire Agreement signed in N'djamena, Chad, on 8 April 2004 the Agreement on the Modalities for the Establishment of the Ceasefire Commission (CFC) and the Deployment of Observers signed in Addis Ababa, Ethiopia, on 28 May 2004, as well as the Protocols on the Improvement of the Humanitarian Situation in Darfur and on the Enhancement of the Security Situation in Darfur, both signed in Abuja, Nigeria, on 9 November 2004;

3. Reaffirming our commitment to the full implementation of relevant UN Security Council resolutions and African Union decisions stressing the need to reach a political solution in order to bring the conflict in Darfur to an end;

4. Convinced that the core of the current conflict in Darfur is political and socio- economic which can only be resolved through peaceful means and within the framework of a comprehensive settlement that addresses its various causes and aspects;

5. Stressing our commitment to respect international humanitarian law and promote and protect human rights, including the rights of women and children, as part of the efforts to address the prevailing situation in Darfur;

6. Recognizing that faith, traditional values and customs as well as family as the natural and basic nucleus of society, play a positive role;

7. Reaffirming our commitment to the unity, sovereignty, territorial integrity and independence of the Sudan;

8. Recognizing that the signing of the Comprehensive Peace Agreement between the Government of the Sudan (GoS) and the Sudan People's Liberation Movement/Army (SPLM/A), on 9 January 2005, constitutes a significant step towards finding a just, peaceful and lasting solution to the conflict in the Sudan.

Agree that the following principles shall guide our future deliberations and constitute the basis for a just, comprehensive and durable settlement of the conflict in Darfur:

1. Respect for the diversity of the people of the Sudan is of paramount importance, as are the full recognition and accommodation of the multi-ethnic, multi-religious, as well as the development of multi-cultural character of the society.

The territorial integrity and unity of the Sudan historically agreed to by the free will of its people will be enhanced by the recognition and accommodation of such diversity.

2. Democracy, political pluralism, freedom a vibrant and dynamic civil society, the rule of law, the independence of the judiciary, the freedom of the media, accountability and transparency, with justice and equality for all, regardless of ethnicity, religion and gender, are a 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. Citizenship is the basis for civil and political rights and duties, including the freedom of expression and association for all Sudanese.

No Sudanese shall be discriminated against on the basis of religion, belief, ethnicity, gender or for any other reason.

This shall be incorporated into the National Constitution.

4. A federal system of government, with an effective devolution of powers and a clear distribution of responsibilities between the national and other levels of governance, is considered essential for ensuring effective local participation and fair administration of Sudan in general and Darfur in particular.

In this context, issues relating to the Native Administration should be addressed.

5. Effective representation in all government institutions at the national level, including the Legislative, Judicial and Executive branches, as well as economic and cultural institutions shall be ensured for effective participation by the citizens of the Sudan, including those from Darfur.

6. National wealth shall be distributed equitably.

This is essential to ensure the effectiveness of the devolution of power in Darfur, within the framework of a federal system of government, and to ensure that due consideration is given to the socio- economic needs of Darfur.

7. Power sharing and wealth sharing shall be addressed in accordance with a fair criteria to be agreed by the Parties.

8. Humanitarian assistance will be provided on the basis of humanitarian principles including those enshrined in International Humanitarian Law, UN norms and standards.

9. Refugees and internally displaced persons (IDPs) have an inalienable right to return to their places of origin in accordance with International Law and UN norms and standards.

To this end, the Parties to the conflict and the international community shall take concrete measures to create a conducive environment to provide the necessary assistance to IDPs and Refugees.

10. Rehabilitation and reconstruction of Darfur is a priority;

to that end, steps shall be taken to compensate the people of Darfur and address grievances for lives lost, assets destroyed or stolen, and suffering caused.

11. The promotion of reconciliation, the restoration of the traditional and time honored peaceful coexistence among the communities of Darfur, based on the principle of mutual respect, and the commitment to prevent future divisions are essential to restore and sustain lasting peace and stability in Darfur.

12. Aiming at sustainable development, environmental degradation, water resources and land use shall be addressed.

Tribal Land ownership rights (hawakeer) and other historical rights shall be affirmed within their historical borders.

Traditional mechanisms in Darfur will be considered consistent with the provisions of the National Constitution.

13. Broad security arrangements to consolidate the restoration of peace shall be addressed in the context of a Comprehensive Agreement.

14. Agreements reached by the Parties shall be presented to the people of Darfur to secure their support through Darfur - Darfur dialogue and consultation.

15. The guarantee of the AU and assistance of the international community shall be sought to ensure the implementation of Agreements reached for the resolution of the conflict in Darfur.

16. All Agreements reached by the Parties shall be incorporated into the National Constitution.

17. The Parties commit themselves to undertake negotiations to end the conflict in Darfur in good faith.

For the Government of the Sudan

Mohamed ¥usif Abdallah

State Minister for Humanitarian Affairs

For the Sudan Liberation Movement/Army

Khamis Abdallah Abakar Vice-President

Witnessed by:

The AU Special Envoy for the

Peace Talks on Darfur on behalf of the Mediation

Dr. Salim Ahmed Salim

Abuja, 5 July 2005

For the Justice and Equality Movement

Ahmed Mohamed Tugod Lissan Head of Delegation