Declaration of Principles for the Resolution of the Nuba Mountains’ Problem
Export agreement coding (PDF)Country/entity
South Sudan
Sudan
Southern Kordofan - Blue Nile - AbyeiRegion
Africa (excl MENA)
Africa (excl MENA)
Africa (excl MENA)Agreement name
Declaration of Principles for the Resolution of the Nuba Mountains’ ProblemDate
31 Jul 1996Agreement status
Multiparty signed/agreedInterim arrangement
YesAgreement/conflict level
Intrastate/intrastate conflict ( )Stage
Framework/substantive - partialConflict nature
Government/territoryPeace process
Kordofan - Blue Nile - Abyei processParties
ENGINEER ISMAIL ALI SAADELDIN, Deputy Chairman of Central Committee of the Sudan Peoples Liberation Movement and Peoples Liberation Army, Nuba Mountains and Chairman of its
Negotiations Team; AHMED MOHAMED HAROUN Director General of Peace Resettlement Administration, South Kordofan and Chairman of Government of Sudan Negotiations team.Third parties
WITNESSED BY: CENTRAL COMMITTEE OF SPLA/M NUBA MOUNTAINS Engineer ABDELBAGI HAMDAN KABEIR Secretary of Foreign Affairs and the Spokesman, 2. ENG. RIZIGALLLA BAKHAT KAHMIS Agriculture, Natural Resources and Environment Secretary, 3. DR. AMAR JADELKARIM MAHMMOUD Secretary of Health Affairs, 4. CDR. AKASHA ALSAID AKASHA Secretary for Humanitarian Affairs and Social Welfare, 5. A/CDR. ELTAJ ELTIGANI ARWA, 6. A/CDR.. NASRELDIN HAROUN KAFI ABURASS; SUDAN GOVERNMENT DELEGATION: 1. ISMAIL DIGLES NEJAR Deputy Secretary General for South Kordofan State Government, 2. MUSA SOMI RAIIMATAIIA Chairman of Peace Committee Council in South Kordofan State, 3. AHMED MUSA HARIN Member of National Council, 4. HASSAN KUNDA TORUBA Member of the Supreme Council for Peace, 5. REV. YUNTHAN HAMMAD KUKU Member of the Supreme Council for Peace; ACCREDITATION BY: CDR. MOHAMED HAROUN KAFI ABURASS Chairman of SPLA/M Nuba Mountains Central Committee, (R) BRIG. psc HAMAD ABDEIKARIM ELSAID Minister of Finance, South Kordofan State and head of Government of Sudan DelegationDescription
-
Agreement document
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 peopleGroups→Indigenous people→RhetoricalPage 2, 1. Eradication of any and all kinds of socio-economic, cultural injustice and grievances. That include any agricultural, none agricultural and other lands which have been unfairly distributed or owned, headed by agricultural schemes reforms and redistribution in a way that preserves respect of the natives and avail greater opportunity and priorities for the indigenous people of the area to invest and develop their land.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→SubstantivePage 3, 13. The government of the Sudan shall abide and undertake a special humanitarian programme for relief, reconstruction, rehabilitation and resettlement for solving and dealing with all kinds of negative effects shortcomings resulting from the war. This shall also include an emergency crush programme for facing the humanitarian urgents and
needs, such as the relief and otherwise as appropriate. - 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)Page 2, 5. The parties have agreed to consider the political charter “ 10th of April
1996" as a general frame for solving and as a ground for embodying the rest of Sudan’s problems and questions of a national nature.
Page 2, 9. The parties acknowledge the federal system as a vehicle of governance that can provide the region’s citizens with their rights to participate in the administration of their regions affairs and its development, together with their balanced and full participation in the federal power.
Page 3, 14. To acknowledge the local cultures and their development as well as to support equal opportunities to reflect them and be expressed within other cultures of the people of the Sudan in all fora mass of expression accredited by both the Nuba Mountains state and federal government.
Page 3, 16. The parties have asserted the unity of the Sudan, condemnation and rebuff of the tribal acts and practices. The parties, therefore undertake assurance of the democratic rights of the people of the Nuba Mountains state for achieving and gaining their national and regional just rights, equal and identical within the framework of the united Sudan. This in the eve of any political changes without having any influence from internal and external forces. - State configurationPage 2, 3. The two parties have acknowledged their abiding and observing the unity of the Sudan with its geographical and political borders of 1956.
- Self determination
No specific mention.
- Referendum
No specific mention.
- 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)
No specific mention.
- 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 sharingPower sharing→Political power sharing→GeneralState levelPage 2, 9. The parties acknowledge the federal system as a vehicle of governance that can provide the region’s citizens with their rights to participate in the administration of their regions affairs and its development, together with their balanced and full participation in the federal power.
Page 2, 10. Powers and resources are shared on equal and just basis between the Nuba Mountains state and the federal government, details shall worked out by the two parties in separate protocol. - Territorial power sharingPower sharing→Territorial power sharing→Autonomous regionsPage 2, 6. The sharia and the customary laws shall both be equally the legislative sources of the Nuba Mountains state, in addition the region has the right to legislate complementary laws to those federal ones on questions and problems peculiar to the Nuba Mountains state.
Page 2, 9. The parties acknowledge the federal system as a vehicle of governance that can provide the region’s citizens with their rights to participate in the administration of their regions affairs and its development, together with their balanced and full participation in the federal power.
Page 2, 10. Powers and resources are shared on equal and just basis between the Nuba Mountains state and the federal government, details shall worked out by the two parties in separate protocol. - Economic power sharingPower sharing→Economic power sharing→Sharing of resourcesPage 2, 10. Powers and resources are shared on equal and just basis between the Nuba Mountains state and the federal government, details shall worked out by the two parties in separate protocol.
- Military power sharing
No specific mention.
Human rights and equality
- Human rights/RoL generalPage 2, 1. Eradication of any and all kinds of socio-economic, cultural injustice and grievances. That include any agricultural, none agricultural and other lands which have been unfairly distributed or owned, headed by agricultural schemes reforms and redistribution in a way that preserves respect of the natives and avail greater opportunity and priorities for the indigenous people of the area to invest and develop their land.
Page 2, 7. Citizenship, shall be the basis for the rights and duties that include freedom, equality, justice and human rights.
Page 3, 15. The war has badly and effectively led to the destruction of the natural resources, environment and gross violation of human rights in the Nuba Mountains state. The two parties therefore, undertake to deal with these negative effects resulted during the twelve-years war.
Page 3, 16. The parties have asserted the unity of the Sudan, condemnation and rebuff of the tribal acts and practices. The parties, therefore undertake assurance of the democratic rights of the people of the Nuba Mountains state for achieving and gaining their national and regional just rights, equal and identical within the framework of the united Sudan. This in the eve of any political changes without having any influence from internal and external forces. - Bill of rights/similar
No specific mention.
- Treaty incorporation
No specific mention.
- Civil and political rightsHuman rights and equality→Civil and political rights→EqualityPage 2, 7. Citizenship, shall be the basis for the rights and duties that include freedom, equality, justice and human rights.
Page 2, 10. Powers and resources are shared on equal and just basis between the Nuba Mountains state and the federal government, details shall worked out by the two parties in separate protocol.
Page 3, 12. To join efforts for eradication of all kinds of backwardness, illiteracy
and ignorance which have caused such situation of injustice and grievances. This alongside with the designing, implementation and execution of a special development programme for the Nuba Mountains state in a such a way that achieves equitable development between the Nuba Mountains state and other regions in the country for a purpose of achieving the region’s welfare.
Page 3, 14. To acknowledge the local cultures and their development as well as to support equal opportunities to reflect them and be expressed within other cultures of the people of the Sudan in all fora mass of expression accredited by both the Nuba Mountains state and federal government.
Page 3, 16. The parties have asserted the unity of the Sudan, condemnation and rebuff of the tribal acts and practices. The parties, therefore undertake assurance of the democratic rights of the people of the Nuba Mountains state for achieving and gaining their national and regional just rights, equal and identical within the framework of the united Sudan. This in the eve of any political changes without having any influence from internal and external forces.Human rights and equality→Civil and political rights→Vote and take partPage 2, 9. The parties acknowledge the federal system as a vehicle of governance that can provide the region’s citizens with their rights to participate in the administration of their regions affairs and its development, together with their balanced and full participation in the federal power.Human rights and equality→Civil and political rights→Thought, opinion, conscience and religionPage 2, 8. The parties acknowledge, and are self-committed to principles of the religious and faiths right, including creation of a peaceful, satisfactory and conducive atmosphere for worshipping, preaching and practices. Without forcing any citizen to believe/ accept any faith or religion contrary to his/her will. - Socio-economic rightsHuman rights and equality→Socio-economic rights→Cultural lifePage 3, 14. To acknowledge the local cultures and their development as well as to support equal opportunities to reflect them and be expressed within other cultures of the people of the Sudan in all fora mass of expression accredited by both the Nuba Mountains state and federal government.
Rights related issues
- CitizenshipRights related issues→Citizenship→Citizens, specific rightsPage 2, 7. Citizenship, shall be the basis for the rights and duties that include
freedom, equality, justice and human rights. - DemocracyPage 3, 16. The parties have asserted the unity of the Sudan, condemnation and rebuff of the tribal acts and practices. The parties, therefore undertake assurance of the democratic rights of the people of the Nuba Mountains state for achieving and gaining their national and regional just rights, equal and identical within the framework of the united Sudan. This in the eve of any political changes without having any influence from internal and external forces.
- 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 LawsPage 2, 6. The sharia and the customary laws shall both be equally the legislative sources of the Nuba Mountains state, in addition the region has the right to legislate complementary laws to those federal ones on questions and problems peculiar to the Nuba Mountains state.
Page 3, 16. The parties have asserted the unity of the Sudan, condemnation and rebuff of the tribal acts and practices. The parties, therefore undertake assurance of the democratic rights of the people of the Nuba Mountains state for achieving and gaining their national and regional just rights, equal and identical within the framework of the united Sudan. This in the eve of any political changes without having any influence from internal and external forces.
Socio-economic reconstruction
- Development or socio-economic reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 2, 9. The parties acknowledge the federal system as a vehicle of governance that can provide the region’s citizens with their rights to participate in the administration of their regions affairs and its development, together with their balanced and full participation in the federal power.
Page 2, 1. Eradication of any and all kinds of socio-economic, cultural injustice and grievances. That include any agricultural, none agricultural and other lands which have been unfairly distributed or owned, headed by agricultural schemes reforms and redistribution in a way that preserves respect of the natives and avail greater opportunity and priorities for the indigenous people of the area to invest and develop their land.
Page 3, 12. To join efforts for eradication of all kinds of backwardness, illiteracy
and ignorance which have caused such situation of injustice and grievances. This alongside with the designing, implementation and execution of a special development programme for the Nuba Mountains state in a such a way that achieves equitable development between the Nuba Mountains state and other regions in the country for a purpose of achieving the region’s welfare.
Page 3, 13. The government of the Sudan shall abide and undertake a special humanitarian programme for relief, reconstruction, rehabilitation and resettlement for solving and dealing with all kinds of negative effects shortcomings resulting from the war. This shall also include an emergency crush programme for facing the humanitarian urgents and
needs, such as the relief and otherwise as appropriate.
Page 3, 14. To acknowledge the local cultures and their development as well as to support equal opportunities to reflect them and be expressed within other cultures of the people of the Sudan in all fora mass of expression accredited by both the Nuba Mountains state and federal government. - National economic planPage 3, 12. To join efforts for eradication of all kinds of backwardness, illiteracy
and ignorance which have caused such situation of injustice and grievances. This alongside with the designing, implementation and execution of a special development programme for the Nuba Mountains state in a such a way that achieves equitable development between the Nuba Mountains state and other regions in the country for a purpose of achieving the region’s welfare. - Natural resourcesPage 3, 15. The war has badly and effectively led to the destruction of the natural resources, environment and gross violation of human rights in the Nuba Mountains state. The two parties therefore, undertake to deal with these negative effects resulted during the twelve-years war.
- International funds
No specific mention.
- Business
No specific mention.
- Taxation
No specific mention.
- Banks
No specific mention.
Land, property and environment
- Land reform/rightsLand, property and environment→Land reform/rights→Land reform and managementPage 2, 1. Eradication of any and all kinds of socio-economic, cultural injustice and grievances. That include any agricultural, none agricultural and other lands which have been unfairly distributed or owned, headed by agricultural schemes reforms and redistribution in a way that preserves respect of the natives and avail greater opportunity and priorities for the indigenous people of the area to invest and develop their land.
- Pastoralist/nomadism rights
No specific mention.
- Cultural heritage
No specific mention.
- EnvironmentPage 3, 15. The war has badly and effectively led to the destruction of the natural resources, environment and gross violation of human rights in the Nuba Mountains state. The two parties therefore, undertake to deal with these negative effects resulted during the twelve-years war.
- 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
No specific mention.
- DDRSecurity sector→DDR→DDR programmesPage 3, 13. The government of the Sudan shall abide and undertake a special humanitarian programme for relief, reconstruction, rehabilitation and resettlement for solving and dealing with all kinds of negative effects shortcomings resulting from the war. This shall also include an emergency crush programme for facing the humanitarian urgents and needs, such as the relief and otherwise as appropriate.
- 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.
- SourcePeacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.
THE NUBA MOUNTAINS PEACE AGREEMENT
In the same framework of the Sudan Peace Agreement concluded on 21.4.1997, a separate peace agreement has been signed between the Government of Sudan and the Nuba Mountains United SPLM/A. The then Secretary-General of the Supreme Council for Peace, Republic of the Sudan Mr. Mohammed El-Amin Khalifa has signed the agreement on behalf of the Government, while Commander Mohammed Haroun Kafi Aburass chairman of SPLM/A Nuba Mountains Central Committee has signed on behalf of Nuba Mountains United SPLM/A. The most outstanding significance of this agreement is that it recognised for the first time since Sudan independence in 1956, the fact that there has been a long-standing problem in the Nuba mountains area.
This agreement is based upon the “Declaration of Principles” agreed upon by the two parties on 31.7.1996 in Nairobi, Kenya.
Hereunder is the text of the above mentioned Declaration of Principles :
DECLARATION OF PRINCIPLES FOR THE RESOLUTION OF THE NUBA MOUNTAINS’ PROBLEM (SUDAN)
Out of our conviction that both peaceful and political dialogues are the ideal, and appropriate means for resolving all the Sudan’ s conflicts and problems.
Having realized and acknowledged the fact Nuba Mountain’ s state problem is one of the Sudan’ s historical and long standing problems that requires a solution through an objective and constructive dialogues between the concern parties so as to create a conducive atmosphere and a peaceful co-existence as well as achieving a prosperous future for the Nuba Mountains state. -
And in recognition of the parties to the peculiarity and the unique nature of the solution of the Nuba Mountains’ state problem in comparison to that of any other regions in the Sudan.- And in recognition of those efforts exerted by the region’ s sons internally and externally, the parties referred to hereafter declare, commitment to the following principles as means for reaching a final and ever lasting just solution for this problem in question:-
1. To recognize that there has been a long-standing problem in the Nuba Mountains state which has led to the armed struggle since 1984.
2. The parties, therefore confirm their commitment to the peaceful and political solution channelled through constructive dialogue as an ideal means to solve all the Sudan’ s problems, conflicts and disputes.
3. The two parties have acknowledged their abiding and!
observing the unity of the Sudan with its geographical and political borders of 1956.
4. The parties have acknowledged the importance and necessity of taking stand and a vision of the problems from regional perspective and within the frame of a united Sudan as the ideal means for solving the Nuba Mountains state question far from that of the SPLM/A of Dr. John Garang’ s faction.
5. The parties have agreed to consider the political charter “ 10th of April 1996" as a general frame for solving and as a ground for embodying the rest of Sudan’ s problems and questions of a national nature.
6. The sharia and the customary laws shall both be equally the legislative sources of the Nuba Mountains state, in addition the region has the right to legislate complementary laws to those federal ones on questions and problems peculiar to the Nuba Mountains state.
7. Citizenship, shall be the basis for the rights and duties that include freedom, equality, justice and human rights.
8. The parties acknowledge, and are self-committed to principles of the religious and faiths right, including creation of a peaceful, satisfactory and conducive atmosphere for worshipping, preaching and practices.
Without forcing any citizen to believe/ accept any faith or religion contrary to his/her will.
9. The parties acknowledge the federal system as a vehicle of governance that can provide the region’ s citizens with their rights to participate in the administration of their regions affairs and its development, together with their balanced and full participation in the federal power.
10. Powers and resources are shared on equal and just basis between the Nuba Mountains state and the federal government, details shall worked out by the two parties in separate protocol.
11. Eradication of any and all kinds of socio-economic, cultural injustice and grievances.
That include any agricultural, none agricultural and other lands which have been unfairly distributed or owned, headed by agricultural schemes reforms and redistribution in a way that preserves respect of the natives and avail greater opportunity and priorities for the indigenous people of the area to invest and develop their land.
12. To join efforts for eradication of all kinds of backwardness, illiteracy and ignorance which have caused such situation of injustice and grievances.
This alongside with the designing, implementation and execution of a special development programme for the Nuba Mountains state in a such a way that achieves equitable development between the Nuba Mountains state and other regions in the country for a purpose of achieving the region’ s welfare.
12. The government of the Sudan shall abide and undertake a special humanitarian programme for relief, reconstruction, rehabilitation and resettlement for solving and dealing with all kinds of negative effects shortcomings resulting from the war.
This shall also include an emergency crush programme for facing the humanitarian urgents and needs, such as the relief and otherwise as appropriate.
14. To acknowledge the local cultures and their development as well as to support equal opportunities to reflect them and be expressed within other cultures of the people of the Sudan in all fora mass of expression accredited by both the Nuba Mountains state and federal government.
15. The war has badly and effectively led to the destruction of the natural resources, environment and gross violation of human rights in the Nuba Mountains state.
The two parties therefore, undertake to deal with these negative effects resulted during the twelve-years war.
16. The parties have asserted the unity of the Sudan, condemnation and rebuff of the tribal acts and practices.
The parties, therefore undertake assurance of the democratic rights of the people of the Nuba Mountains state for achieving and gaining their national and regional just rights, equal and identical within the framework of the united Sudan.
This in the eve of any political changes without having any influence from internal and external forces.
17. There are some issues outside the armed conflict and disputes which has been agreed upon by the parties.
Such issues have been dealt with in a separate document attached to this declaration.
18. The two parties shall work together in developing a detailed programme for the general principles mentioned in this declaration.
This shall be implemented by joint efforts which shall be required for mobilization towards achieving of these principles ending the war in order to realize the comprehensive peace and stability.
Note:
attached is the document referred to in article 17
ENGINEER ISMAIL ALI SAADELDIN
Deputy Chairman of Central Committee of the Sudan Peoples Liberation
Movement and Peoples Liberation Army, Nuba Mountains and Chairman of its
Negotiations Team.
AHMED MOHAMED HAROUN
Director General of Peace Resettlement Administration, South Kordofan and
Chairman of Government of Sudan Negotiations team.
Nairobi, Kenya.
31/7/1996
WITNESSED BY
CENTRAL COMMITTEE OF SPLA/M NUBA MOUNTAINS
Engineer ABDELBAGI HAMDAN KABEIR
Secretary of Foreign Affairs and the Spokesman.
2. ENG.
RIZIGALLLA BAKHAT KAHMIS
Agriculture, Natural Resources and Environment Secretary
3. DR.
AMAR JADELKARIM MAHMMOUD
Secretary of Health Affairs
4. CDR.
AKASHA ALSAID AKASHA
Secretary for Humanitarian Affairs and Social Welfare
5. A/CDR.
ELTAJ ELTIGANI ARWA
6. A/CDR.. NASRELDIN HAROUN KAFI ABURASS.
SUDAN GOVERNMENT DELEGATION
1. ISMAIL DIGLES NEJAR
Deputy Secretary General for South Kordofan State Government.
2. MUSA SOMI RAIIMATAIIA
Chairman of Peace Committee Council in South Kordofan State
3. AHMED MUSA HARIN
Member of National Council
4. HASSAN KUNDA TORUBA
Member of the Supreme Council for Peace
5. REV.
YUNTHAN HAMMAD KUKU
Member of the Supreme Council for Peace
ACCREDITATION BY:
CDR. MOHAMED HAROUN KAFI ABURASS
Chairman of SPLA/M Nuba Mountains Central Committee
(R) BRIG.
psc HAMAD ABDEIKARIM ELSAID
Minister of Finance, South Kordofan State and head of Government of Sudan
Delegation
Nairobi, Kenya.
31/7/1996
The Sudan government delegation in its negotiation with the SPLM/A Nuba Mountains Central Committee has taken notice of the report which has been prepared by Dr. Abdel aati Badr Suleiman, Deputy Chairman of the Production Unit of the International Atomic Energy Agency (report attached in two languages) about the existence of an atomic radiation in Miri dam and its extensions around Kadugli town.
On this respect, the Sudan government delegation declares its undertaking to work side by side with the SPLM/A Nuba Central Committee and specialized authorities for all necessary arrangements and procedures dealing with that report.
The delegation, therefore values very much the tremendous effort made by the member of SPLM/A Nuba Mountains Central Committee, for finding and acquiring this important document.
Signed by:
ENG. RIZIGALL BAKHAT KHAMIS
Secretary for Agriculture, Natural Resources and Environment, Central
Committee, SPLM/A Nuba Mountains.
(ENG.
ABDEL BAGI HAMDAN KABEIR on behalf of ENG.
RIZIGALL
BAKHAT KHAMIS)
AHMED MOUSA HARIN
Member National Council, Sudan Government Delegation
Nairobi, Kenya.
31/7/1999