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: Agreement between the Republic of the Sudan and the Republic of South Sudan on the Demarcation of the Boundary
Date: 13 Mar 2012
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: North - South Sudan secession process
Parties: H.E. ldriss Abdel Gadir , On behalf of the Republic of the Sudan
H.E. P gan Amum Okiech,  On behalf of the Republic of South Sudan
Third parties: Witnessed by:
H.E. Pierre Buyoya , On behalf of the African Union High Level implementation Panel
Description: Agreement lays out the mechanism for demarcating the border between Sudan and South Sudan, including sharing of costs and creating three commissions including the Joint Demarcation Committee; Joint Border Commission; Joint Technical Committee.

Agreement document: SD_SS_120313_Agreement between Sudan and S. Sudan on Demarcation of the Boundary.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): Page 3, Part II Demarcation of the Boundary
... 3. Guiding Principles for Demarcation (1) The two States shall ensure that the demarcation exercise contributes to the maintenance of peaceful co-existence between the two States and the border communities.
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: Page 2, The Parties:
Committed to completing, expeditiously, the demarcation of the international boundary between the two States;

Page 2, Part l Definitions
[Summary] Outlines definitions for the agreement including, border, boundary, delimitation, as well as the acronyms of different committees.

Page 3, Part II Demarcation of the Boundary
... 2. Commitment to Demarcate the Boundary (1) The two States affirm the definition of the agreed boundary in accordance with the physical description and delimitation, and corresponding recommendations of the Technical Committee for the 1/1/1956 Border Line Demarcation Between North and South Sudan, as affirmed by the Presidency of the Republic of the Sudan prior to the secession of Southern Sudan.

Page 3, Part II Demarcation of the Boundary
... 2. Commitment to Demarcate the Boundary ... (2) Accordingly, the two States shall jointly demarcate the boundary from the tri- junction-point of the Republic of the Sudan, the Republic of South Sudan and the Central African Republic to the tri-junction point of the Republic of the Sudan, the Republic of South Sudan and the Federal Democratic Republic of Ethiopia.

Page 3, Part II Demarcation of the Boundary
... 3. Guiding Principles for Demarcation ... (2) The demarcation process shall take into account African best practices which seek to maintain the sanctity and cohesion of communities and to foster peaceful co-existence between neighbours.

Page 4, 4. Demarcation Period for Agreed Boundary
 (1) The two States recognize the urgency of demarcating the agreed boundary as referred to in Article 2(2) of this Agreement, and shall complete the demarcation within three months of the commencement of the demarcation exercise.

Page 4, 4. Demarcation Period for Agreed Boundary
... (2) The demarcation process shall commence immediately upon the establishment of the Joint Demarcation Committee (JDC) and the Joint Technical Team (JTT) in accordance with this Agreement, and, in any event, not later than sixty (60) days after the signing of this Agreement.

Page 4, 4. Demarcation Period for Agreed Boundary
... (3) The two States may extend the demarcation period referred to paragraph (1) of this article upon the recommendation of the JDC, which shall be based on credible technical grounds.

Page 4, 4. Demarcation Period for Agreed Boundary
... (4) Notwithstanding the expiry of the demarcation period, the mandate and work of the JDC and the JTT shall not be interrupted while a decision on the extension of the demarcation period is pending.

Page 4, Part lll, institutions Relating to Demarcation
5. Joint Border Commission 
(1) Within two weeks of the signing of this Agreement, the two States shall establish a Joint Border Commission (JBC) to oversee the demarcation of the boundary and the management of the border.

Page 4, Part lll, institutions Relating to Demarcation
5. Joint Border Commission 
... (2) The two States may assign to the Commission any other function subsequent agreements.

Page 4, Part lll, institutions Relating to Demarcation
5. Joint Border Commission 
... (3) The Commission shall be composed of at least three representatives from each State and co-chaired by a representative from each State. Members of the Commission shall be persons of high integrity and shall have relevant experience.

Page 4, Part lll, institutions Relating to Demarcation
5. Joint Border Commission 
... (4) Until the parties reach a further agreement relating to the mandate of the JBC, the Commission shall regulate its own procedures consistently with the provisions of this Agreement.

Page 5, Part lll, institutions Relating to Demarcation
... 6. Joint Demarcation Committee 
(1) Within two weeks of the signing of this Agreement, the two States shall establish a Joint Demarcation Committee to manage and supervise the demarcation and the maintenance of the boundary pillars and beacons.

Page 5, Part lll, institutions Relating to Demarcation
... 6. Joint Demarcation Committee 
(2) The JDC shall be a committee of the Joint Border Commission.

Page 5, Part lll, institutions Relating to Demarcation
... 6. Joint Demarcation Committee 
(3) The JDC shall have ten members and shall be composed of an equal number of representatives from each State, drawn from persons with relevant knowledge or expertise in cartography, law and any other relevant discipline. The JDC shall have two co-chairs: one nominated by each State.

Page 5, Part lll, institutions Relating to Demarcation
... 6. Joint Demarcation Committee 
(4) The JDC shall commence its functions immediately upon its establishment.

Page 5, Part lll, institutions Relating to Demarcation
... 6. Joint Demarcation Committee 
(5) At its first sitting, which shall be held not later than two weeks after it has been established, the JDC shall formulate its internal procedures and shall make the necessary preparations for the establishment of the Joint Technical Team.

Page 5, Part III, Institutions relating to Demarcation
... 7. Joint Technical Committee
[Summary] AU to provide surveyors to assist the Joint Technical Committee.

Page 5, Part lll, institutions Relating to Demarcation
... 7. Joint Technical Team 
(1) Within two weeks of its first sitting, the JDC shall establish the JTT. The JTT shall consist of an equal number of surveyors, cartographers and other appropriate experts, including construction engineers, from each State.

Page 5, Part lll, institutions Relating to Demarcation
... 7. Joint Technical Team 
(2) The JTT shall be composed of eighty (80) persons; forty (40) from each State.

Page 5, Part lll, institutions Relating to Demarcation
... 7. Joint Technical Team 
(3) The JTT shall commence its activities in accordance with the Demarcation Plan provided for in Article 8(1). lt shall carry out the technical functions associated with the demarcation and the maintenance of the boundary pillars and beacons and shall report to the JDC.

Page 5, Part lll, institutions Relating to Demarcation
... 7. Joint Technical Team 
(4) The African Union shall provide surveyors who will assist the JTT, particularly in the recording of agreements or disagreements to be referred to the JDC. The surveyors may, upon the request of the Parties assist the JTT in the performance of any of its functions.

Page 6, Part IV Demarcation Process
8. The Demarcation Process (1) Within two weeks of its first meeting, the JDC shall produce a comprehensive plan for undertaking the demarcation exercise. The plan shall include the internal rules of procedures of the JDC as well as a budget. The plan shall set out in detail the demarcation outputs and processes.
(2) A representative of the African Union may, at the request of the Parties, perform any advisory function related to the demarcation process.
(3) The two States may agree to seek technical assistance on demarcation from any source.

Page 6, Part IV Demarcation Process
... 10. Costs and technical requirements for Demarcation
[Summary] Section outlines the cost and splitting of costs between Sudan and South Sudan.

Page 7, Part IV Demarcation Process
... 10. Costs and technical requirements for Demarcation ... (4) The African Union or any other entity may, upon the joint request of the Parties, provide technical or financial assistance to facilitate the demarcation exercise.
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: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 3, Part II Demarcation of the Boundary
... 3. Guiding Principles for Demarcation ... (3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.

Page 7, Part V Other Issues
... 11. Provision of Security for Demarcation 
(2) In accordance with the Agreement on Border Security and Joint Political and Security Mechanism signed by the Parties of June 2011, and thc Agreement on the Border Monitoring Support Mission signed on July 2011, the JPSM shall provide protection for the demarcation teams and for the equipment and other facilities relating to the demarcation process.
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: Page 3, Part II Demarcation of the Boundary
... 3. Guiding Principles for Demarcation ... (3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.
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: Page 3, Part II Demarcation of the Boundary
... 3. Guiding Principles for Demarcation ... (3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 7, Part V Other Issues
... 11. Provision of Security for Demarcation 
(1) As soon as it has adopted the demarcation plan, the JDC shall notify the Joint Political and Security Mechanism (JPSM) of the proposed date for the commencement of the demarcation process as well as other details relating to the demarcation process.
(2) In accordance with the Agreement on Border Security and Joint Political and Security Mechanism signed by the Parties of June 2011, and thc Agreement on the Border Monitoring Support Mission signed on July 2011, the JPSM shall provide protection for the demarcation teams and for the equipment and other facilities relating to the demarcation process.
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: Witnessed by:
H.E. Pierre Buyoya , On behalf of the African Union High Level implementation Panel
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 6, Part IV Demarcation Process
... 9. Outcome of Demarcation Process The two States shall confirm the completion of the demarcation process through a written formal agreement, and shall deposit the agreement, including the agreed descriptions and maps, with the African Union Commission.
Related cases: No specific mention.
Source: Peace AU; http://www.peaceau.org/uploads/agreement-on-the-demarcation-of-the-boundary-13-0-12.pdf

Agreement between The Republic of the Sudan and The Republic of South Sudan On the Demarcation of the Boundary

Addis Ababa, 13 March 2012

The Parties:

Committed to completing, expeditiously, the demarcation of the international boundary between the two States;

Acknowledgingthe necessity of reaching final agreement on all key border issues, and thereby to provide a framework for managing their common border and for implementing of their commitments;

Agree as follows:

Part l Definitions

1. Terms and Meanings Border:

a region, zone or territory straddling a boundary or an area adjacent to a boundary

Boundary:

the line that marks the physical limits of a State's territory and sovereignty

Demarcation:

the physical marking of a boundary on the ground using pillars or beacons and production of boundary maps thereafter

Delimitation:

the legal description of a boundary in text or maps JBC:

refers to the Joint Border Commission established under this Agreement

JDC: refers to the Joint Demarcation Committee JPSM:

refers to the Joint Political and Security Mechanism JTT:

refers to the Joint Technical Team

Physical description:

refers to the description of geographical and physical features made on the ground during the reconnaissance in comparison with their location plotted on the map including the coordinates

The Commission:

has the same meaning as the JBC 2

The Parties:

has the same meaning as "the two States" The two States:

refers to the Republic of the Sudan and the Republic of South Sudan Tri-junction-point:

the point where the boundaries of three States meet

Part II Demarcation of the Boundary

2. Commitment to Demarcate the Boundary (1) The two States affirm the definition of the agreed boundary in accordance with the physical description and delimitation, and corresponding recommendations of the Technical Committee for the 1/1/1956 Border Line Demarcation Between North and South Sudan, as affirmed by the Presidency of the Republic of the Sudan prior to the secession of Southern Sudan.

(2) Accordingly, the two States shall jointly demarcate the boundary from the tri- junction-point of the Republic of the Sudan, the Republic of South Sudan and the Central African Republic to the tri-junction point of the Republic of the Sudan, the Republic of South Sudan and the Federal Democratic Republic of Ethiopia.

3. Guiding Principles for Demarcation (1) The two States shall ensure that the demarcation exercise contributes to the maintenance of peaceful co-existence between the two States and the border communities.

(2) The demarcation process shall take into account African best practices which seek to maintain the sanctity and cohesion of communities and to foster peaceful co-existence between neighbours.

(3) During the demarcation process, the two States shall ensure the proper management of the natural resources along the border and in particular the protection of fragile eco-systems.

4. Demarcation Period for Agreed Boundary (1) The two States recognize the urgency of demarcating the agreed boundary as referred to in Article 2(2) of this Agreement, and shall complete the demarcation within three months of the commencement of the demarcation exercise.

(2) The demarcation process shall commence immediately upon the establishment of the Joint Demarcation Committee (JDC) and the Joint Technical Team (JTT) in accordance with this Agreement, and, in any event, not later than sixty (60) days after the signing of this Agreement.

(3) The two States may extend the demarcation period referred to paragraph (1) of this article upon the recommendation of the JDC, which shall be based on credible technical grounds.

(4) Notwithstanding the expiry of the demarcation period, the mandate and work of the JDC and the JTT shall not be interrupted while a decision on the extension of the demarcation period is pending.

Part lll institutions Relating to Demarcation

5. Joint Border Commission (1) Within two weeks of the signing of this Agreement, the two States shall establish a Joint Border Commission (JBC) to oversee the demarcation of the boundary and the management of the border.

(2) The two States may assign to the Commission any other function subsequent agreements.

(3) The Commission shall be composed of at least three representatives from each State and co-chaired by a representative from each State.

Members of the Commission shall be persons of high integrity and shall have relevant experience.

(4) Until the parties reach a further agreement relating to the mandate of the JBC, the Commission shall regulate its own procedures consistently with the provisions of this Agreement.

6. Joint Demarcation Committee (1) Within two weeks of the signing of this Agreement, the two States shall establish a Joint Demarcation Committee to manage and supervise the demarcation and the maintenance of the boundary pillars and beacons.

(2) The JDC shall be a committee of the Joint Border Commission.

(3) The JDC shall have ten members and shall be composed of an equal number of representatives from each State, drawn from persons with relevant knowledge or expertise in cartography, law and any other relevant discipline.

The JDC shall have two co-chairs:

one nominated by each State.

(4) The JDC shall commence its functions immediately upon its establishment.

(5) At its first sitting, which shall be held not later than two weeks after it has been established, the JDC shall formulate its internal procedures and shall make the necessary preparations for the establishment of the Joint Technical Team.

7. Joint Technical Team (1) Within two weeks of its first sitting, the JDC shall establish the JTT.

The JTT shall consist of an equal number of surveyors, cartographers and other appropriate experts, including construction engineers, from each State.

(2) The JTT shall be composed of eighty (80) persons;

forty (40) from each State.

(3) The JTT shall commence its activities in accordance with the Demarcation Plan provided for in Article 8(1).

lt shall carry out the technical functions associated with the demarcation and the maintenance of the boundary pillars and beacons and shall report to the JDC.

(4) The African Union shall provide surveyors who will assist the JTT, particularly in the recording of agreements or disagreements to be referred to the JDC.

The surveyors may, upon the request of the Parties assist the JTT in the performance of any of its functions.

Part IV Demarcation Process

8. The Demarcation Process (1) Within two weeks of its first meeting, the JDC shall produce a comprehensive plan for undertaking the demarcation exercise.

The plan shall include the internal rules of procedures of the JDC as well as a budget.

The plan shall set out in detail the demarcation outputs and processes.

(2) A representative of the African Union may, at the request of the Parties, perform any advisory function related to the demarcation process.

(3) The two States may agree to seek technical assistance on demarcation from any source.

9. Outcome of Demarcation Process The two States shall confirm the completion of the demarcation process through a written formal agreement, and shall deposit the agreement, including the agreed descriptions and maps, with the African Union Commission.

10. Costs and technical requirements for Demarcation (1) The costs of the demarcation exercise shall be met from funds to which each

State shall contribute equally.

(2) Each State shall pay its contribution towards the costs of the demarcation exercise into a Joint Escrow Account to be set up within one (1) week of the establishment of the Joint Demarcation Committee.

At the time of the establishment of the account each State shall deposit USD $100,000.

(3) Upon the completion of the comprehensive plan, including the budget, referred to in Article (8)(1), each State shall pay its equal financial obligations towards the budget as follows:

(a) Seventy percent (70%) within one week of adoption of the plan and budget.

(b) Fifteen percent (15%) within one month of adoption of the plan and budget.

(4) The African Union or any other entity may, upon the joint request of the Parties, provide technical or financial assistance to facilitate the demarcation exercise.

PartV Other Issues

11. Provision of Security for Demarcation (1) As soon as it has adopted the demarcation plan, the JDC shall notify the Joint Political and Security Mechanism (JPSM) of the proposed date for the commencement of the demarcation process as well as other details relating to the demarcation process.

(2) In accordance with the Agreement on Border Security and Joint Political and Security Mechanism signed by the Parties of June 2011, and thc Agreement on the Border Monitoring Support Mission signed on July 2011, the JPSM shall provide protection for the demarcation teams and for the equipment and other facilities relating to the demarcation process.

12. Completion of Negotiations The two States shall continue their negotiations on all outstanding issues relating to the border, with a view to reaching an integrated agreement on all the issues within thirty (30) days of signing this Agreement.

Done in Addis Ababa, this 13th Day of March, 2012:

H.E. ldriss Abdel Gadir On behalf of the Republic of the Sudan

Witnessed by:

H.E. P gan Amum Okiech On behalf of the Republic of South Sudan

H.E. Pierre Buyoya On behalf of the African Union High Level implementation Panel