Memorandum of Understanding on Non-aggression and Cooperation

• Country/entity

  South Sudan
  Sudan
  
• Region

  Africa (excl MENA)
  Africa (excl MENA)
  
• Agreement name

  Memorandum of Understanding on Non-aggression and Cooperation
• Date

  10 Feb 2012
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Interstate/intrastate conflict(s) ( Sudan Conflicts (1955 - ) )
• Stage

  Framework/substantive - partial
• Conflict nature

  Territory
• Peace process

  North - South Sudan secession process
• Parties

  [Signed]
  Lt. Gen. Mohamed Atta Elmula Abass
  Director General for National Intelligence and Security Services
  On Behalf of the Republic of the Sudan
  
  [Signed]
  Maj. Gen. Thomas Duoth Guet,
  Director General for General Intelligence Bureau
  On behalf of the Republic of South Sudan
• Third parties

  In the presence of:
  [Signed]
  Thabo Mvuyelwa Mbeki
  Chairperson, African Union High Level Implementation Panel,
  Facilitator of the Negotiations
• Description

  -

• Agreement document

  SD_SS_120210_MoU on Non-Agression and Cooperation.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Memorandum of Understanding on Non-aggression and Cooperation (“this Memorandum”) Between The Government of the Republic of the Sudan

And The Government of the Republic of South Sudan (hereafter “the parties” or “the two states”)

The Parties:

Recognizing the need to construct, promote and sustain a mutually supportive relationship between the Republic of the Sudan and the Republic of South Sudan.

Recalling the agreed principle of promoting the mutually viability of the two States, and affirming the commitment of the two States to maintain a secure Sudan and South Sudan.

Further affirming their commitment to implementing the African Union Constitutive Act, and the United National Charter, and relevant principles on International Law, including the Vienna Convention on the Succession of States in Respect of Treaties of 1978, and International Humanitarian Law, generally.

Welcoming and respecting the admission and recognition of the Republic of South Sudan as the 193rd member of the United Nations pursuant to General Assembly Resolution A/RES/65/308 of 14th July 2011.

Committed to Implementing the Khartoum Consolidation Document of 19th September 2011.

Agree as follows:

Part I

Non-Aggression

Article 1

Definition of Aggression

For purposes of this Memorandum, ‘aggression’ means:

‘the use of armed force or the conduct of any other hostilities act by a State or other entity against the sovereignty, territorial integrity or political independence of another ‘State’.

Article 2

Principles of good neighbourliness and non-aggression

The two States agree to abide by the following principles of good neighbourliness and non-aggression:

1) Respect for each other’s sovereignty and territorial integrity.

2) Non-interference in the internal affairs of the other State.

3) Rejection of the use of force in conducting their relation in accordance with the principles enshrined in the African Union and United Nations charters.

4) Equality and mutual benefit.

5) Peace co-existence.

Part II

Elaboration of the Principles

Article 3

Respect for each other’s sovereignty and territorial integrity.

1) Neither State shall violate the territorial integrity of the other State.

2) Each State shall respect the sovereignty of the other State in all respects, including its political independence.

Article 4

Non-interference in the internal affairs of the other State

1) Each State shall refrain from interfering in the internal governance of the other State including in legislative, executive functions.

2) Neither State shall support political parties, other political actors, or opposition armed groups and movements, within the other State.

3) Each State shall refrain from carrying out military acts and espionage activities against the other State

4) Neither State shall enter into an alliance with, or provide support to, a third party for purposes of undermining the integrity and interests of the other State.

Article 5

Rejection of the use of force in conducting their relations

1) The two States shall conduct their relations on the basis of mutual non-aggression and shall resolve any disputes that might arise between them exclusively through peaceful means.

2) Each State shall refrain from launching any attach including bombardment against the territory of other State, neither shall the State invade, occupy or annex, however temporarily, the territory of the other State.

3) Neither State shall conduct overflight of the airspace of the other State without the prior formal agreement of that State.

4) Neither State shall allow its territory to be used by, another State, or by any armed group or movement to conduct any acts of aggression or to undertake military acts or other subversive activities against the territory of the other State.

5) Neither State shall harbour or provide any form of support to armed groups, mercenaries, terrorist organisations, or other organized transnational criminal groups which may carry out hostile acts against the other State.

6) Neither State shall provide technological assistance, intelligence or training of any kind to another state or other entity which may be used to committing acts of aggression against the other State.

7) The two State under to cooperate with each other to combat trans-boundary crimes and criminal acts.

Article 6

Equality and Mutual Benefit

1) The two States shall conduct their relations, and cooperate on the basis of equality and the promotion of their mutual benefit.

2) Accordingly, each State shall refrain from blockading agreed corridors of movement, ports, coastlines, rivers, or airspace of the other State in accordance with the principles of International Law.

Article 7

Peaceful Co-existence

1) Each State shall maintain diplomatic relations with the other State, including establishment of diplomatic missions.

2) To ensure peace, stability and security, the two States shall maintain such joint such joint mechanisms for fostering political and security cooperation between them as they may agree, including the Joint Political and Security Mechanism (JPSM).

Article 8

Observation of Implementation

1) The two States hereby authorize the JPSM to oversee their compliance with this Memorandum.

The Parties may adopt further mechanisms and principles to enable the JPSM to carry out this function.

2) In the event of any dispute arising in the implementation of this Memorandum, the two States shall seek to resolve the matter amicably through the JPSM.

Article 9

Amendment and Termination

1) This memorandum may be amended by the mutual consent of the parties.

2) If either State wishes to terminate this Memorandum it shall give the other State notice of its intention to do so.

After the expiry of sixty days from date of such notification, the Memorandum shall be deemed to be terminated.

Done in Addis Ababa, the 10th Day of February, 2012:

[Signed]

Lt. Gen. Mohamed Atta Elmula Abass

Director General for National Intelligence and Security Services

On Behalf of the Republic of the Sudan

[Signed]

Maj. Gen. Thomas Duoth Guet,

Director General for General Intelligence Bureau

On behalf of the Republic of South Sudan

In the presence of:

[Signed]

Thabo Mvuyelwa Mbeki

Chairperson, African Union High Level Implementation Panel,

Facilitator of the Negotiations