Fashoda Peace Agreement

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Fashoda Peace Agreement
Date: 20 Sep 1997
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: Cdr. James Gatduel Gatluak, Vice Chairman of SPLM-United; Cdr. Akwoch Mayong Jago, Secretary for Military Affairs; Mr. Musa el Mek Kur, Minister of Animal Resources, Sudan Government; Major General Bushra Osman Yousif, Upper Nile Military Cdr.
Third parties: -
Description: Parties discussed and agreed on amendments and additions to the Sudan Peace Agreement (21/04/1997), which included the legality of SPLM-United status and participation in the political and constitutional processes during the interim period and that the parties have the right to freely propagate their respective options for a referendum among the people. Additionally, the parties agreed that the 14th Constitutional Decree may not be amended except by two-thirds majority of the Co-coordinating Council and jointly confirmed by both the advisory council and the ten Southern States' Assembly.

Agreement document: SD_970920_Fashoda Peace Agreement.pdf (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): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: 2.The parties to the agreement shall have the right to freely propagate their respective options in the referendum among the people.
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: Governance→Political parties reform→Rebels transitioning to political parties
1. The SPLM-United shall be guaranteed full legality of status and participation in the political and constitutional processes in the Sudan during the interim period.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
1. The SPLM-United shall be guaranteed full legality of status and participation in the political and constitutional processes in the Sudan during the interim period.

3. The 14th Constitutional Decree may not amended except by (2/3) two thirds majority of the Co-ordinating Council and confirmed by a joint session of the advisory council and the ten Southern States’ Assembly in a meeting to be held for that purpose at the seat of the Co-ordinating Council.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Page 1,
1.The SPLM-United shall be guaranteed full legality of status and participation
in the political and constitutional processes in the Sudan during the interim
period.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
3. The 14th Constitutional Decree may not amended except by (2/3) two thirds majority of the Co-ordinating Council and confirmed by a joint session of the advisory council and the ten Southern States’ Assembly in a meeting to be held for that purpose at the seat of the Co-ordinating Council.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
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: No specific mention.
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: No specific mention.
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: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

THE FASHODA PEACE AGREEMENT

The delegations of the Sudan Government and the Sudan People’ s Liberation Movement (SPLM-United) met in Fashoda on 18-20 September 1997 under the mediation and chairmanship of His Majesty Reth Kwongo Dak Padiet, the Reth of the Shilluk.

The opening session was addressed by His Majesty the Reth of the Shilluk, Dr. Riek Machar Teny, President of the Co-ordinating Council on

behalf of the Government of the Sudan, and Dr. Lam Akol Ajawin, Chairman of the SPLM – United on behalf of the Movement.

The two parties discussed the Sudan Peace Agreement of April 21, 1997.

After serious and frank discussions the two parties agreed on the following amendments and additions to the said agreement.

1.The SPLM-United shall be guaranteed full legality of status and participation in the political and constitutional processes in the Sudan during the interim period.

2.The parties to the agreement shall have the right to freely propagate their respective options in the referendum among the people.

3.The 14th Constitutional Decree may not amended except by (2/3) two thirds majority of the Co-ordinating Council and confirmed by a joint session of the advisory council and the ten Southern States’ Assembly in a meeting to be held for that purpose at the seat of the Co-ordinating Council.

4.The office of the President of the Co-ordinating Council shall fall vacant on:-

1) The end of the term of office.

2) Death

3) Permanent disability or incapacitation.

4) Resignation.

5)A motion of impeachment is carried by three quarters of the Advisory Council.

SIGNED

1. Cdr.

James Gatduel Gatluak 1.

Mr. Musa el Mek Kur

Vice Chairman of SPLM – United Minister of Animal Resources,

Sudan Government.

2. Cdr.

Akwoch Mayong Jago 2.

Major General Bushra Osman Yousif

Secretary for Military Affairs.

Upper Nile Military Cdr.