WHEREAS the Government of the Republic of the Sudan and the
Sudan People's Liberation Movement/Sudan People's Liberation Army (the
Parties) having met in Machakos Kenya, from 18 June 2002 through 20 July
2002 under the auspices of the IGAD Peace Process; and
WHEREAS the Parties have reiterated their commitment to a negotiated,
peaceful, comprehensive resolution to the Sudan Conflict within the Unity of
Sudan; and
WHEREAS the Parties discussed at length and agreed on a broad framework
which sets forth the principles of governance, the general procedures to be
followed during the transitional process and the structures of government to
be created under legal and constitutional arrangements to be established;
and
NOW RECORD THAT the Parties have agreed to negotiate and elaborate in
greater detail the specific terms of the Framework, including aspects not
covered in this phase of the negotiations, as part of the overall Peace
Agreement; and
FURTHER RECORD THAT within the above context, the Parties have reached
specific agreement on the Right to Self-Determination for the people of
South Sudan, State and Religion, as well as the Preamble, Principles, and
the Transition Process from the Draft Framework, the initialed texts of
which are annexed hereto, and all of which will be subsequently incorporated
into the Final Agreement; and
IT IS AGREED AND CONFIRMED THAT the Parties shall resume negotiations in
August, 2002 with the aim of resolving outstanding issues and realizing
comprehensive peace in the Sudan.
Dr. Ghazi Salahuddin Atabani
For: The Government of Sudan
Cdr. Salva Kiir Mayardit
For: The Sudan People's Liberation Movement/Army
Witnessed by:
Lt. Gen. Lazaro K. Sumbeiywo
Special Envoy
IGAD Sudan Peace Process and
On behalf of the IGAD Envoys
AGREED TEXT ON THE PREAMBLE, PRINCIPLES, AND THE
TRANSITION PROCESS
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE SUDAN
AND THE SUDAN PEOPLE'S LIBERATION MOVEMENT/SUDAN PEOPLE'S LIBERATION ARMY
WHEREAS the Government of the Republic of the Sudan and the Sudan People's
Liberation Movement/Sudan People's Liberation Army (hereafter referred to as
the Parties) having met in Machakos, Kenya, from 18 June 2002 through 20
July 2002; and
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 for governance through which power and wealth shall
be equitably shared and human rights guaranteed; and
MINDFUL that the conflict in the Sudan is the longest running conflict in
Africa, that it has caused horrendous loss of life and destroyed the
infrastructure of the country, wasted economic resources, and has caused
untold suffering, particularly with regard to the people of South Sudan; and
SENSITIVE to historical injustices and inequalities in development between
the different regions of the Sudan that need to be redressed; and
RECOGNIZING that the present moment offers a window of opportunity to reach
a just peace agreement to end the war; and
CONVINCED that the rejuvenated IGAD peace process under the chairmanship of
the Kenyan President, H.E. Daniel T. arap Moi, provides the means to resolve
the conflict and reach a just and sustainable peace; and
COMMITTED to a negotiated, peaceful, comprehensive resolution to the
conflict based on the Declaration of Principles (DOP) for the benefit of all
the people of the Sudan;
NOW THEREFORE, the Parties hereto hereby agree as follows:
PART A
(AGREED PRINCIPLES)
1.1 That the unity of the Sudan, based on the free will of its people
democratic governance, accountability, equality, respect, and justice for
all citizens of the Sudan is and shall be the priority of the parties and
that it is possible to redress the grievances of the people of South Sudan
and to meet their aspirations within such a framework.
1.2 That the people of South Sudan have the right to control and govern
affairs in their region and participate equitably in the National
Government.
1.3 That the people of South Sudan have the
right to
self-determination, inter alia, through a referendum to determine their
future status.
1.4 That religion, customs, and traditions are a source of moral strength
and inspiration for the Sudanese people.
1.5 That the people of the Sudan share a common heritage and aspirations and
accordingly agree to work together to:
1.6 Establish a democratic system of governance taking account of the
cultural, ethnic, racial, religious and linguistic diversity and gender
equality of the people of the Sudan.
1.7 Find a comprehensive solution that addresses the economic and social
deterioration of the Sudan and replaces war not just with peace, but also
with social, political and economic justice which respects the fundamental
human and political rights of all the Sudanese people.
1.8 Negotiate and implement a comprehensive cease-fire to end the suffering
and killing of the Sudanese people.
1.9 Formulate a repatriation, resettlement, rehabilitation, reconstruction
and development plan to address the needs of those areas affected by the war
and redress the historical imbalances of development and resource
allocation.
1.10 Design and implement the Peace Agreement so as to make the unity of the
Sudan an attractive option especially to the people of South Sudan.
1.11 Undertake the challenge by finding a framework by which these common
objectives can be best realized and expressed for the benefit of all the
Sudanese.
PART B
(THE TRANSITION PROCESS)
In order to end the conflict and to secure a peaceful and prosperous future
for all the people of the Sudan and in order to collaborate in the task of
governing the country, the Parties hereby agree to the implementation of the
Peace Agreement in accordance with the sequence, time periods and process
set out below.
2. There shall be a Pre-Interim Period, the duration of which shall be six
(6) months.
2.1 During the Pre-Interim Period:
a) The institutions and mechanisms provided for in the Peace Agreement shall
be established;
b) If not already in force, there shall be a cessation of hostilities with
appropriate monitoring mechanisms established;
c) Mechanisms to implement and monitor the Peace Agreement shall be created;
d) Preparations shall be made for the implementation of a comprehensive
cease-fire as soon as possible;
e) International assistance shall be sought; and
f) A Constitutional Framework for the Peace Agreement and the institutions
referred to in 2.1 (a) shall be established.
2.2 The Interim Period will commence at the end of the Pre-Interim Period
and shall last for six years.
2.3 Throughout the Interim Period:
a) The institutions and mechanisms established during the Pre-Interim Period
shall be operating in accordance with thearrangements and principles set out
in the Peace Agreement.
b) If not already accomplished, the negotiated comprehensive cease-fire will
be implemented and international monitoring mechanisms shall be established
and operationalized.
2.4 An independent Assessment and Evaluation Commission shall be established
during the Pre-Interim Period to monitor the implementation of the Peace
Agreement and conduct a mid-term evaluation of the unity arrangements
established under the Peace Agreement.
2.4.1 The composition of the Assessment and Evaluation Commission shall
consist of equal representation from the GOS and the SPLM/A, and not more
than two (2) representatives, respectively, from each of the following
categories:
Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea,
Ethiopia, Kenya, and Uganda);
Observer States (Italy, Norway, UK, and US); and
Any other countries or regional or international bodies to be agreed upon by
the parties.
2.4.2 The Parties shall work with the Commission during the Interim Period
with a view to improving the institutions and arrangements created under the
Agreement and making the unity of Sudan attractive to the people of South
Sudan.
2.5 At the end of the six (6) year Interim Period there shall be an
internationally monitored referendum, organized jointly by the GOS and the
SPLM/A, for the people of South Sudan to: confirm the unity of the Sudan by
voting to adopt the system of government established under the Peace
Agreement; or to vote for secession.
2.6 The parties shall refrain from any form of unilateral revocation or
abrogation of the Peace Agreement.
PART C
(STRUCTURES OF GOVERNMENT)
To give effect to the agreements set out in Part A, the Parties, within a
framework of a unified Sudan which recognizes the right to
self-determination for the people of Southern Sudan, hereby agree that with
respect to the division of powers and the structures and functions of the
different organs of government, the political framework of governance in the
Sudan shall be structured as follows:
3.1 Supreme Law
3.1.1 The National Constitution of the Sudan shall be the Supreme Law of the
land. All laws must comply with the National Constitution. This constitution
shall regulate the relations and allocate the powers and functions between
the different levels of government as well as prescribe the wealth sharing
arrangements between the same. The National Constitution shall guarantee
freedom of belief, worship and religious practice in full to all Sudanese
citizens.
3.1.2 A representative National Constitutional Review Commission shall be
established during the Pre-Transition Period which shall have as its first
task the drafting of a Legal and Constitutional Framework to govern the
Interim Period and which incorporates the Peace Agreement.
3.1.3 The Framework mentioned above shall be adopted as shall be agreed upon
by the Parties.
3.1.4 During the Interim Period an inclusive Constitutional Review Process
shall be undertaken.
3.1.5 The Constitution shall not be amended or repealed except by way of
special procedures and qualified majorities in order that the provisions of
the Peace Agreement are protected.
3.2 National Government
3.2.1 There shall be a National Government which shall exercise such
functions and pass such laws as must necessarily be exercised by a sovereign
state at national level. The National Government in all its laws shall take
into account the religious and cultural diversity of the Sudanese people.
3.2.2 Nationally enacted legislation having effect only in respect of the
states outside Southern Sudan shall have as its source of legislation Sharia
and the consensus of the people.
3.2.3 Nationally enacted legislation applicable to the southern States
and/or the Southern Region shall have as its source of legislation popular
consensus, the values and the customs of the people of Sudan including their
traditions and religious beliefs, having regard to Sudan's diversity).
3.2.4 Where national legislation is currently in operation or is enacted and
its source is religious or customary law, then a state or region, the
majority of whose residents do not practice such religion or customs may:
(i) Either introduce legislation so as to allow or provide for institutions
or practices in that region consistent with their religion or customs, or
(ii) Refer the law to the Council of States for it to approve by a
two-thirds majority or initiate national legislation which will provide for
such necessary alternative institutions as is appropriate.
[sections 4 and 5 are not yet available; indications are that the subjects
of these sections are still under negotiation]
AGREED TEXT ON STATE AND RELIGION
Recognizing that Sudan is a multi-cultural, multi-racial, multi-ethnic,
multi-religious, and multi-lingual country and confirming that religion
shall not be used as a divisive factor, the Parties hereby agree as follows:
6.1 Religions, customs and beliefs are a source of moral strength and
inspiration for the Sudanese people.
6.2 There shall be freedom of belief, worship and conscience for followers
of all religions or beliefs or customs and no one shall be discriminated
against on such grounds.
6.3 Eligibility for public office, including the presidency, public service
and the enjoyment of all rights and duties shall be based on citizenship and
not on religion, beliefs, or customs.
6.4 All personal and family matters including marriage, divorce,
inheritance, succession, and affiliation may be governed by the personal
laws (including Sharia or other religious laws, customs, or traditions) of
those concerned.
6.5 The Parties agree to respect the following Rights:
To worship or assemble in connection with a religion or belief and to
establish and maintain places for these purposes;
To establish and maintain appropriate charitable or humanitarian
institutions;
To make, acquire and use to an adequate extent the necessary articles and
materials related to the rites or customs of a religion or belief;
To write, issue and disseminate relevant publications in these areas;
To teach religion or belief in places suitable for these purposes;
To solicit and receive voluntary financial and other contributions from
individuals and institutions;
To train, appoint, elect or designate by succession appropriate leaders
called for by the requirements and standards of any religion or belief;
To observe days of rest and to celebrate holidays and ceremonies in
accordance with the precepts of one's religious beliefs;
To establish and maintain communications with individuals and communities in
matters of religion and belief and at the national and international levels;
For avoidance of doubt, no one shall be subject to discrimination by the
National Government, state, institutions, group of persons or person on
grounds of religion or other beliefs.
6.6 The Principles enumerated in Section 6.1 through 6.5 shall be reflected
in the Constitution.
AGREED TEXT ON THE RIGHT TO SELF-DETERMINATION FOR THE PEOPLE OF SOUTH SUDAN
1.3 That the people of South Sudan have the right to self-determination,
inter alia, through a referendum to determine their future status.
2.4 An independent Assessment and Evaluation Commission shall be established
during the Pre-Transition period to monitor the implementation of the Peace
Agreement during the Interim Period. This Commission shall conduct a
mid-term evaluation of the unity arrangements established under the Peace
Agreement.
2.4.1 The composition of the Assessment and Evaluation Commission shall
consist of equal representation from the GOS and the SPLM/A, and not more
than two (2) representatives, respectively, from each of the following
categories:
Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea,
Ethiopia, Kenya, and Uganda);
Observer States (Italy, Norway, UK, and US); and
other countries or regional or international bodies to be agreed upon by the
parties.
2.4.2 The Parties shall work with the Commission during the Interim Period
with a view to improving the institutions and arrangements created under the
Agreement and making the unity of Sudan attractive to the people of South
Sudan.
2.5 At the end of the six (6) year interim period there shall be an
internationally monitored referendum, organized jointly by the GOS and the
SPLM/A, for the people of South Sudan to: confirm the unity of the Sudan by
voting to adopt the system of government established under the Peace
Agreement; or to vote for secession.
2.6 The Parties shall refrain from any form of unilateral revocation or
abrogation of the Peace Agreement.
