Ceasefire Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan (JEM)

Country/entity
Sudan
Darfur
Region
Africa (excl MENA)
Agreement name
Ceasefire Agreement between the Government of Sudan and the Justice and Equality Movement-Sudan (JEM)
Date
10/02/2013
Agreement status
Multiparty signed/agreed
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. Post independence, conflict broke out between groups in South Sudan and agreements were reached addressing this conflict.

Sudan Conflicts (1955 - ) )
Stage
Ceasefire/related (Ceasefire)
Conflict nature
Government/territory
Peace process
24: Darfur-Sudan peace process
Parties
For the Government of Sudan: Dr. Amin Hassan Omar, Minister of State in the Presidency;
For the Justice and Equality Movement Sudan: Mr. Arko Sulaiman Dahiya, Vice President/Head of Delegation;
Third parties
Witnessed by:

For the State of Qatar: H.E. Ahmad bin Abdallah Al Mahmoud, Deputy Prime Minister and Minister of State for Cabinet Affairs;
For the AU-UN Mediation: Ms. Aichatou S. Mindaoudou, Acting Joint Special Representative/Joint Chief Mediator ad interim;
Description
A ceasefire agreement between the Government of Sudan and the Justice and Equality Movement that establishes a cessation of hostilities pursuant to the Doha Document for Peace in Darfur (DDPD), as well as establishes a Ceasefire Commission to ensure and oversee implementation of the ceasefire. Additionally, the Parties commit to respecting rights of civilians, and to provide full cooperation with UNAMID to implement its mandate.

Agreement document
SD_130210_Ceasefire GoS JEMS.pdf

Main category
Page 3, 2. Agree to implement the ceasefire in accordance with the DDPD, and the following general principles:
...
b) Civilians in Darfur have the right to protection, including provision of specific measures for vulnerable groups such as women and children taking into account their special status under international law, and in recognition that they have suffered disproportionately during the conflict.
...
d) The imperative to refrain from all acts of violence against civilians, in particular vulnerable groups such as women and children, and from violations of human rights and international humanitarian law.

Page 5, 4. Agree to immediately cease and refrain from any:
...
i) Acts and forms of gender-based violence and sexual exploitation.
j) Recruitment and use of boys and girls under age 18 by armed forces and armed groups in hostilities in accordance with Sudan;s obligations under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and obligations under Protocol II (1977) of the Geneva Conventions of 1949.

Page 6, 5. Further undertake to ensure:
...
d) That the provisions of this Agreement are communicated through the Parties' chain of command to all elements of their armed forces and armed groups under their control or influence, including women, and that all such forces and groups shall comply with those provisions.
...
h) That all children, boys and girls, recruited by armed forces or armed groups, if any, are released unconditionally through the development of Action Plans.
i) That all children, boys and girls, who are accused of crimes against international law after being unlawfully recruited by armed forces or armed groups are considered primarily as victims of violations against international law and not as alleged perpetrators.

Page 7, 9.
Cognizant of the important role of women in peace making, adequate and effective representation of women shall be guaranteed by the Parties at all levels of the ceasefire mechanism.

Page 10, Code of conduct
19.viii. Place the interests of the people of Darfur and other resident civilians, women and children, ahead of personal considerations;

Page 10, Sector Sub-Ceasefire Commission
22. Each sector shall establish and maintain Sector Sub-Ceasefire Commission inclusive of women to ensure and effective investigation and reporting cycle. The sectors shall establish a Secretariat to be headed by the Chief sub CFC modeled on the CFC Secretariat. Team site groups comprising various elements at sub-unit/unit levels, inclusive of women, shall be established as the primary sources of reporting incidents and investigating violations to the Ceasefire.

Page 13, FUNCTIONS/ TERMS OF REFERENCE (32)
...
v. In accordance with the UNSC Resolution 1325 (2000), the Commission shall ensure that all forms of violence that specifically affect women and children are heard and redressed in a gender sensitive and competent manner;

Women, girls and gender

Participation
No specific mention.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 3, 2.
Agree to implement the ceasefire in accordance with the DDPD, and the following general principles:
...
b) Civilians in Darfur have the right to protection, including provision of specific measures for vulnerable groups such as women and children taking into account their special status under international law, and in recognition that they have suffered disproportionately during the conflict.
d) The imperative to refrain from all acts of violence against civilians, in particular vulnerable groups such as women and children, and from violations of human rights and international humanitarian law.

Page 6, 5.
Further undertake to ensure:
...
i) That all children, boys and girls, who are accused of crimes against international law after being unlawfully recruited by armed forces or armed groups are considered primarily as victims of violations against international law and not as alleged perpetrators.
International human rights standards
Page 5, 4.
Agree to immediately cease and refrain from any:
...
j) Recruitment and use of boys and girls under age 18 by armed forces and armed groups in hostilities in accordance with Sudan;s obligations under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and obligations under Protocol II (1977) of the Geneva Conventions of 1949.
New institutions
Reconciliation and peace
Page 7, 9.
Cognizant of the important role of women in peace making, adequate and effective representation of women shall be guaranteed by the Parties at all levels of the ceasefire mechanism.
Violence against women
Sexual violence
Page 5, 4.
Agree to immediately cease and refrain from any:
...
i) Acts and forms of gender-based violence and sexual exploitation.
Gender-based violence/VAW (general)
Page 3, 2.
Agree to implement the ceasefire in accordance with the DDPD, and the following general principles:
...
d) The imperative to refrain from all acts of violence against civilians, in particular vulnerable groups such as women and children, and from violations of human rights and international humanitarian law.

Page 5, 4.
Agree to immediately cease and refrain from any:
...
i) Acts and forms of gender-based violence and sexual exploitation.
Transitional justice
No specific mention.
Institutional reform
Emergency/criminal law/corruption reform
Page 6, 5.
Further undertake to ensure:
...
...
i) That all children, boys and girls, who are accused of crimes against international law after being unlawfully recruited by armed forces or armed groups are considered primarily as victims of violations against international law and not as alleged perpetrators.
Police
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.
DDR, army, parastatal or rebel forces
Page 5, 4.
Agree to immediately cease and refrain from any:
...
j) Recruitment and use of boys and girls under age 18 by armed forces and armed groups in hostilities in accordance with Sudan's obligations under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and obligations under Protocol II (1977) of the Geneva Conventions of 1949.

Page 6, 5.
Further undertake to ensure:
...
d) That the provisions of this Agreement are communicated through the Parties' chain of command to all elements of their armed forces and armed groups under their control or influence, including women, and that all such forces and groups shall comply with those provisions.
...
h) That all children, boys and girls, recruited by armed forces or armed groups, if any, are released unconditionally through the development of Action Plans.
Development
No specific mention.
Implementation
Women's role and consideration in implementation of the agreement
Page 7, 9.
Cognizant of the important role of women in peace making, adequate and effective representation of women shall be guaranteed by the Parties at all levels of the ceasefire mechanism.

Page 10, Sector Sub-Ceasefire Commission, 22.
Each sector shall establish and maintain Sector Sub-Ceasefire Commission inclusive of women to ensure and effective investigation and reporting cycle. The sectors shall establish a Secretariat to be headed by the Chief sub CFC modeled on the CFC Secretariat. Team site groups comprising various elements at sub-unit/unit levels, inclusive of women, shall be established as the primary sources of reporting incidents and investigating violations to the Ceasefire.
Other
No specific mention.

The University of Edinburgh