The Political Charter Between the Government of Sudan and The South Sudan Liberation Movement

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: The Political Charter Between the Government of Sudan and The South Sudan Liberation Movement
Date: 21 Jul 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: Government/territory
Peace process: Sudanese (North-South) peace process
Parties: Idris Mohd. Abdelgadir, State Minister, Advisory of Peace, The Presidency
Wal Durany, Chairman, South Sudan Liberation Movement
Third parties: -
Description: The Government of Sudan and the South Sudan Liberation Movement agreed on core principles including South Sudan's right to self-determination and the holding of a referendum to resolve the conflict.

Agreement document: SD_020721_The Political Charter Between the Government of Sudan and the SSLM (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): 2. Agreed Principles
...
2.6, Cultural diversity in the Sudan is recognised, Sudanese people are encouraged to freely express its values.
State configuration: 2. Agreed Principles
...
2.10. The regional government shall be established to coordinate the affairs of Southern States for better implementation of the subsequent peace settlement.
Self determination: 2. Agreed Principles
2.1 The two parties have agreed to the principle of self-determination as embodied in the Khartoum Peace Agreement and in the constitution of Sudan, without prejudice to IGAD peace agreement proposal to GoS and SPLM/A.
Referendum: 2. Agreed Principles
...
2.4. A referendum shall be organised by the people of the Southern Sudan to determine their political aspirations at the end of the interim period.
State symbols: No specific mention.
Independence/secession: No specific mention.
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
1. Preamble
Whereas, the parties are desirous of resolving the Sudan conflict in a just and sustainable manner by addressing the root causes of the conflict and by establishing a framework of governance through which power and wealth shall be equitably shared and human rights guaranteed.
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
2. Agreed Principles
...
2.10. The regional government shall be established to coordinate the affairs of Southern States for better implementation of the subsequent peace settlement.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
2. Agreed Principles
...
State level
2.9. There shall be equitable power and resource sharing among the Sudanese citizens throughout the country.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
2. Agreed Principles
...
2.10. The regional government shall be established to coordinate the affairs of Southern States for better implementation of the subsequent peace settlement.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
2. Agreed Principles
...
2.9. There shall be equitable power and resource sharing among the Sudanese citizens throughout the country.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: 1. Preamble
Whereas, the parties are desirous of resolving the Sudan conflict in a just and sustainable manner by addressing the root causes of the conflict and by establishing a framework of governance through which power and wealth shall be equitably shared and human rights guaranteed.
...
2. Agreed Principles
...
2.5. Citizenship shall be the basis of rights and duties in furtherance of the values of justice, equality, freedom and human rights.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
2. Agreed Principles
...
2.7. Freedom of Religion and beliefs shall be gruanteed.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
2. Agreed Principles
...
2.5. Citizenship shall be the basis of rights and duties in furtherance of the values of justice, equality, freedom and human rights.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
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: No specific mention.
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
2. Agreed Principles
...
2.8. Social development is the priority for the achievement of peace that the parties shall plan for confidence building and expediting the process of alleviating poverty, ignorance and illiteracy.
...
2.11. The Parties shall work together for the stability and improvement of living conditions in the war affected areas according to the provisions of the subsequent peaceful resolutions. The Parties shall carry out the duty of implementation of the security arrangement, resettlement, reconstruction, development and preservation of rights and duties.
National economic plan: No specific mention.
Natural resources: No specific mention.
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: No specific mention.
Police: No specific mention.
Armed forces: 2. Agreed Principles
...
2.3. The Sudan unity with its current boundaries shall be preserved during the interim period, where cooperation among the security forces shall be maintain in order to protect the Sudan internally and externally.
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: No specific mention.

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.

Nairobi, July 1st, 2002

The Political Charter Between the government of Sudan (GOS) and South Sudan Liberation Movement (SSLM)

This Charter has been concluded between the Government of the Republic of Sudan (GoS) and the South Sudan Liberation Movement/Army (SSLM/A), in the acknowledgement that peace is a popular demand for the people of Sudan.

1. Preamble

Whereas, the parties are desirous of resolving the Sudan conflict in a just and sustainable manner by addressing the root causes of the conflict and by establishing a framework of governance through which power and wealth shall be equitably shared and human rights guaranteed.

Cognizant, that the conflict in the Sudan is the longest running conflict in Africa, that it has claimed untold lost of lives in the Sudan that it has destroyed the infrastructures of the country, that it has diverted economic resources and caused untold suffering, particularly with regard to the people of South Sudan.

Sensitive to historical injustice and inequalities in development between the different regions of the Sudan that need to be redress.

Recognising, that the present moment is the unique opportunity to end the war.

Committed, to a peaceful, negotiated, solution to the conflict for the benefit of all the people of the Sudan.

2. Agreed Principles

2.1 The two parties have agreed to the principle of self-determination as embodied in the Khartoum Peace Agreement and in the constitution of Sudan, without prejudice to IGAD peace agreement proposal to GoS and SPLM/A.

2.2 To settle the conflict in the Sudan through peaceful and political means.

2.3. The Sudan unity with its current boundaries shall be preserved during the interim period, where cooperation among the security forces shall be maintain in order to protect the Sudan internally and externally.

2.4. A referendum shall be organised by the people of the Southern Sudan to determine their political aspirations at the end of the interim period.

2.5. Citizenship shall be the basis of rights and duties in furtherance of the values of justice, equality, freedom and human rights.

2.6, Cultural diversity in the Sudan is recognised, Sudanese people are encouraged to freely express its values.

2.7. Freedom of Religion and beliefs shall be gruanteed.

2.8. Social development is the priority for the achievement of peace that the parties shall plan for confidence building and expediting the process of alleviating poverty, ignorance and illiteracy.

2.9. There shall be equitable power and resource sharing among the Sudanese citizens throughout the country.

2.10. The regional government shall be established to coordinate the affairs of Southern States for better implementation of the subsequent peace settlement.

2.11. The Parties shall work together for the stability and improvement of living conditions in the war affected areas according to the provisions of the subsequent peaceful resolutions. The Parties shall carry out the duty of implementation of the security arrangement, resettlement, reconstruction, development and preservation of rights and duties.

2.12. The Sudan shall establish constructive relations with Arabs and African States.

2.13. The Sudanese shall be mobilised to rally behind and support the subsequent peaceful settlement.

Signed this day the 21st July 2002 in Nairobi, Kenya

Idris MOHD.

ABDELGADIR

State minister

Advisory [[not perfectly legible]] of peace

The Presidency

Wal Duany

Chairman, South Sudan Liberation Movement