Nairobi Declaration on Unity Between the SPLM/SPLA and SPDF

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Nairobi Declaration on Unity Between the SPLM/SPLA and SPDF
Date: 6 Jan 2002
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: Inter-group
Peace process: Sudanese (North-South) peace process
Parties: Dr. John Garang de Mabior
Chairman & C-in-C, SPLM/SPLA

Dr. Riek Machar Teny-Dhurgon
Chairman & C-in-C, SPDF
Third parties: -
Description: The leaders of the SPLM/A and the SPDF, two Southern Sudanese militias, agreed to unify their forces to fight the Sudanese government during the Second Sudanese Civil War.

Agreement document: SD_020106_Nairobi Declaration On Unity Between the SPLM-SPLA and SPDF (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): HEREBY AGREE
...
The New Sudan of justice and equality for all regardless of race, ethnicity, religion or gender, as an aspiration by many Sudanese, but one that is without prejudice to the Right of Self-Determination;
Reaffirmation of the critical importance of continued SPLM/SPLA role within the National Democratic Alliance (NDA), which is currently the sole potential vehicle for realisation of the vision of the New Sudan.
State configuration: HEREBY AGREE
...
The administration of the Sudan as a Confederal/Federal United Secular Democratic New Sudan during an Interim Period, as a form of an Interim Unity.
...
Decentralisation (Regionalism/Federalism) as the system of governance in the liberated areas;
Self determination: CONCERNED of the recalcitrant and bellicose attitude of the NIF regime and its rejection of the Right of Self-determination for the people of Southern Sudan including Abyei, and Southern Blue Nile, Southern Kordofan and other marginalized areas of the Sudan, while imposing at the same time an Islamic state in the country;
...
HEREBY AGREE
...
Self-determination for the people of Southern Sudan including Abyei, Southern Kordofan, Southern Blue Nile and other marginalized areas, which has been accepted by all the political forces in the country;
The New Sudan of justice and equality for all regardless of race, ethnicity, religion or gender, as an aspiration by many Sudanese, but one that is without prejudice to the Right of Self-Determination;
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: CONVINCED that the unity of our people is paramount for the success of the liberation struggle;
...
HEREBY AGREE
...
Mobilization of all the human and material resources in the liberated areas and the Diaspora to step up the liberation struggle;
...
The above principles shall be interpreted in the context of the liberation struggle;
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
HEREBY AGREE
...
Respect of institutions, separation of powers and collective leadership;
...
IMPLEMENTATION MEASURES
The two parties further agree on the following measures to effect this Declaration:
...
Integration of political structures and governance systems,
Elections: HEREBY AGREE
...
Recommend to the next SPLM National Convention the issue of electing democratically political leaders (local Councils, Commissioners, Governors, etc.)
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: HEREBY AGREE
...
Creation of an enabling environment for the growth of civil society;
...
IMPLEMENTATION MEASURES
The two parties further agree on the following measures to effect this Declaration:
...
Streamlining of humanitarian institutions;
...
FINALLY, the two leaders call upon the international community, international and indigenous NGOs, friends and people of good will to support this initiative on peace and unity.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
HEREBY AGREE
To an immediate merger of the two Movements under the historical name of SPLM/SPLA and on the basis of the following principles:
...
IMPLEMENTATION MEASURES
The two parties further agree on the following measures to effect this Declaration:
In conformity with this declaration, there shall be immediate ceasation of hostilities and coalescence of previously antagonistic military units into a single entity to engage enemy forces in combat operations;
...
Integration of military forces,

Human rights and equality

Human rights/RoL general: HEREBY AGREE
...
Respect for and promotion of human rights;
Establishment and supremacy of the rule of law;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
HEREBY AGREE
...
The New Sudan of justice and equality for all regardless of race, ethnicity, religion or gender, as an aspiration by many Sudanese, but one that is without prejudice to the Right of Self-Determination;
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: HEREBY AGREE
...
Participatory democracy;
...
to run the affairs of the people in a framework of democratic governance;
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: IMPLEMENTATION MEASURES
The two parties further agree on the following measures to effect this Declaration:
...
Free Movement of people, both civilians and military, in all the liberated areas, including traders, and free movement of goods and services;
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: HEREBY AGREE
...
Establishment of a judicial system independent from the army and the Executive;
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
HEREBY AGREE
...
Peace through development, promotion of free market economy and private enterprise, and provision of social services;
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
HEREBY AGREE
...
Freedom of delivery of relief and humanitarian assistance to the needy;
National economic plan: No specific mention.
Natural resources: DETERMINED to halt the vandalization and wanton looting of our oil and other natural resources and their use for prosecution of the war by the illegitimate, fascist and Islamic Fundamentalist regime in Khartoum;
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
IMPLEMENTATION MEASURES
The two parties further agree on the following measures to effect this Declaration:
In conformity with this declaration, there shall be immediate ceasation of hostilities and coalescence of previously antagonistic military units into a single entity to engage enemy forces in combat operations;
Police: No specific mention.
Armed forces: HEREBY AGREE
...
Reorganisation of the army into national formations and local defence forces;
The army shall be part of and subordinate to the political organ of the Movement;
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: IMPLEMENTATION MEASURES
The two parties further agree on the following measures to effect this Declaration:
...
We declare the year 2002 as the year of reconciliation, peace and unity among our people and appeal to all to join and actively promote this process.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: No specific mention.

DECLARATION

NAIROBI DECLARATION ON UNITY BETWEEN THE SPLM/SPLA AND SPDF

The leader of the Sudan People's liberation Movement/Sudan People's liberation Army SPLM/SPLA, Dr. John Garang de Mabior

AND

The leader of the Sudan People's Democratic Front and Sudan People's Defonce Force (SPDF), Dr. Riek Machar Teny-Dhurgon;

MEETING in Nairobi, Kenya, on January 5-6th 2002 on their own without the benefit of external mediation and pressure;

HAVING EVALUATED the situation of war and peace in the Sudan and the way forward for the just resolution of the conflict;

CONVINCED that the unity of our people is paramount for the success of the liberation struggle;

CONCERNED of the recalcitrant and bellicose attitude of the NIF regime and its rejection of the Right of Self-determination for the people of Southern Sudan including Abyei, and Southern Blue Nile, Southern Kordofan and other marginalized areas of the Sudan, while imposing at the same time an Islamic state in the country;

ALARMED by the determination of the NIF regime to impose an Islamic state and dictatorship on the people of the Sudan and perpetuate it by all means;

DETERMINED to halt the vandalization and wanton looting of our oil and other natural resources and their use for prosecution of the war by the illegitimate, fascist and Islamic Fundamentalist regime in Khartoum;

FULLY AWARE that a united stand is the only sure way to bring the war to a just and speedy end;

HEREBY AGREE

To an immediate merger of the two Movements under the historical name of SPLM/SPLA and on the basis of the following principles:

The administration of the Sudan as a Confederal/Federal United Secular Democratic New Sudan during an Interim Period, as a form of an Interim Unity.

Self-determination for the people of Southern Sudan including Abyei, Southern Kordofan, Southern Blue Nile and other marginalized areas, which has been accepted by all the political forces in the country;

The New Sudan of justice and equality for all regardless of race, ethnicity, religion or gender, as an aspiration by many Sudanese, but one that is without prejudice to the Right of Self-Determination;

Reaffirmation of the critical importance of continued SPLM/SPLA role within the National Democratic Alliance (NDA), which is currently the sole potential vehicle for realisation of the vision of the New Sudan.

Reaffirmation of the IGAD Peace Process and Declaration of Principles (DoP) upon which it is based, as the most credible peace process that will bring about a just and lasting negotiated political settlement in the Sudan.

Unity of the people and their struggle;

Participatory democracy;

Respect of institutions, separation of powers and collective leadership;

Decentralisation (Regionalism/Federalism) as the system of governance in the liberated areas;

Respect for and promotion of human rights;

Establishment and supremacy of the rule of law;

Establishment of a judicial system independent from the army and the Executive;

Creation of an enabling environment for the growth of civil society;

Peace through development, promotion of free market economy and private enterprise, and provision of social services;

Mobilization of all the human and material resources in the liberated areas and the Diaspora to step up the liberation struggle;

Recommend to the next SPLM National Convention the issue of electing democratically political leaders (local Councils, Commissioners, Governors, etc.)

to run the affairs of the people in a framework of democratic governance;

Freedom of delivery of relief and humanitarian assistance to the needy;

Reorganisation of the army into national formations and local defence forces;

The army shall be part of and subordinate to the political organ of the Movement;

The above principles shall be interpreted in the context of the liberation struggle;

IMPLEMENTATION MEASURES

The two parties further agree on the following measures to effect this Declaration:

In conformity with this declaration, there shall be immediate ceasation of hostilities and coalescence of previously antagonistic military units into a single entity to engage enemy forces in combat operations;

To conduct immediate military operations against forces of the NIF regime, as well as to intensify all other forms of struggle;

Free Movement of people, both civilians and military, in all the liberated areas, including traders, and free movement of goods and services;

To constitute forthwith, technical committees to work out detailed recommendations on the following issues

Integration of military forces,

Integration of political structures and governance systems,

Streamlining of humanitarian institutions;

The Technical Committees shall present their recommendations to the two leaders for approval within one month from the date of their formation.

We call upon groups and individuals to join the unity process;

We declare the year 2002 as the year of reconciliation, peace and unity among our people and appeal to all to join and actively promote this process.

FINALLY, the two leaders call upon the international community, international and indigenous NGOs, friends and people of good will to support this initiative on peace and unity.

Made under our hands this 6th day of January 2002.

(SIGNED):

Dr. John Garang de Mabior

Chairman & C-in-C, SPLM/SPLA

Dr Riek Machar Teny-Dhurgeon

Chairman & C-in-C, SPDF

DATE:

6/1/2002 6/1/2002