Follow-up to the Kadugli Agreements Agreement between the Republic of the Sudan and the Republic of South Sudan on the Demarcation of the Boundary

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Follow-up to the Kadugli Agreements Agreement between the Republic of the Sudan and the Republic of South Sudan on the Demarcation of the Boundary
Date: 4 Mar 2011
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Implementation/renegotiation
Conflict nature: Territory
Peace process: North - South Sudan secession process
Parties: Salah Gosh, Sudan Presidential Advisor
Nhial Deng, Minister for SPLA
Third parties: -
Description: Short agreement agreeing to implement the Kadguli agreements, deploying Joint Integration Units for the protection of Abyei, not including officers involved in the fighting of 2008. The UN is requested to ensure implementation of the agreements and will be granted unhindered access.

Agreement document: SD_110304_Follow-up to the Kadugli Agreements.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: 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 sharing: No specific mention.
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: Page 1, 7. ... The two parties shall ensure that the UN will have unhindered access to all the areas of the Abyei territory within the PCA boundaries, consistent with the CPA;
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: Page 1, ... 5. The mechanism hereby created shall ensure the full and effective deployment of the JIUs [Joint Integration Units] to the designated locations in Abyei;

Page 1, ... 6. The mechanism shall ensure that the JIUs deployed do not include any of those who were involved in the clashes of 2008 or elements that may have a conflict of interest regarding the Abyei dispute;
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: Page 1, ... 8. The two parties request the UN to facilitate the implementation of the Kadugli agreements.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Sudan North-South Border Initiative; https://www.scribd.com/doc/50456540/Follow-up-to-the-Kadugli-Agreements

Follow-up to the Kadugli Agreements

Abyei, 4 March 2011

The two parties agree to the full and immediate implementation of the Kadugli Agreements;

A mechanism for their implementation is herby created.

The mechanism for implementation shall include two political representatives from the two parties, two members from the two armies, two representatives from the two police forces, two representatives from the two national security services, and the command of the JIUs;

This mechanism will work for the immediate implementation of the Kadugli Agreements and report to the two high-level delegations who met today in Abyei, within ten days;

The mechanism hereby created shall ensure the full and effective deployment of the JIUs to the designated locations in Abyei;

The mechanism shall ensure the immediate withdrawal of all other forces out of the Abyei area;

The mechanism shall ensure that the JIUs deployed do not include any of those who were involved in the clashes of 2008 or elements that may have a conflict of interest regarding the Abyei dispute;

The two parties shall ensure that the UN will have unhindered access to all the areas of the Abyei territory within the PCA boundaries, consistent with the CPA;

The two parties request the UN to facilitate the implementation of the Kadugli agreements.

Salah Gosh Nhial Deng

Sudan Presidential Advisor Minister for SPLA