Political agreement on establishing the structures and institutions of the transitional period between the Transitional Military Council and the Declaration of Freedom and Change Forces

• Country/entity

  Sudan
  
• Region

  Africa (excl MENA)
  
• Agreement name

  Political agreement on establishing the structures and institutions of the transitional period between the Transitional Military Council and the Declaration of Freedom and Change Forces
• Date

  17 Jul 2019
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
• Stage

  Framework/substantive - partial
• Conflict nature

  Government/territory
• Peace process

  Sudan Transition Process
• Parties

  Signatures:
  
  The Transitional Military Council
  
  The declaration of Freedom and Change Forces
• Third parties

  Witnesses
  
  The African Union
  
  The Federal Democratic Republic of Ethiopia
  
  The United Nations
  
  The European Union
  
  League of Arab States
  
  The United States of America
• Description

  The Transitional Military Council and the Declaration of Freedom and Change forces agree to set up transitional institutions: the Sovereignty Council, Council of Ministers, Legislative Council, and the Investigation Committee. They also set out a list of agreed aims for these institutions. Finally, they invite international actors (states and organisations) to support the implementation of the agreement - but there is no agreement or commitment on provision of said aid.

• Agreement document

  SD_190717 Political agreement on establishing the structures and institutions of the transitional period between the Transitional Military Council and the Declaration of Freedom and Change Forces.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

Political Agreement on establishing the structures and institutions of the transitional period between the Transitional Military Council and the Declaration of Freedom and Change Forces

Chapter One

Guiding Principle

1. The two parties agree on the sacredness of the national sovereignty and unity of the Sudanese soil, unity of the Sudan with all its diversity.

2. The two parties shall work in partnership and goodwill principle and shall refrain from the hostile and provocative speech.

3. The two parties shall abide by the principles of democracy, human rights and the good Sudanese values.

4. The parties agree to solve the emerging disputes through dialogue and mutual respect.

Chapter Two

The Transitional arrangements

The Sovereignty Council

5. The sovereignty council shall be formed from eleven members, five military selected by the Transitional military Council (TMC), five civilians selected by the Declaration of Freedom and Change (DFC) forces and one civilian to be selected in agreement between the two parties.

6. The sovereignty council shall be presided for 21 months by one of the TMC members effective from signing this agreement.

7. The sovereignty council shall be presided for the remining 18 months of the transitional period, by one of the civilian members of the sovereignty council.

8. The constitutional document of the transitional period shall determine the powers and functions of the sovereignty council.

The Council of Ministers

9. The DFC forces shall select the Prime Minister of the civilian government in accordance with the requirements stipulated by the constitutional document of the transitional period.

10. The council of ministers shall consist of a president and no more than 20 ministers from national independent competencies, to be selected by the prime ministers from the DFC forces nomination list, and approved by the sovereignty council, except for the ministers of defense and interior, who will be appointed by the prime minister upon selection by the military members of the sovereignty council.

The prime minister has the jurisdiction to exceptionally nominate two party qualified members to fulfill ministerial positions.

11. The constitutional document of the transitional period shall determine the powers and the functions of the council of ministers.

12. Members of the sovereignty council, the council of ministers and the governors of the states serve during the transitional period cannot contest in the elections that immediately follows the transitional period.

13.

Chapter Three

The Legislative Council

14. The DFC forces confirm its adherence to the 67% of the legislative council membership, and the 33% for other forces not signatories to the DFC.

15. The TMC confirms its position on reviewing the legislative council membership percentages.

16. The two parties agree to postpone the formation of the legislative council, until the sovereignty council and the council of ministers are formed.

Discussion on the legislative council shall continue between the members of the sovereignty council from DFC and the TMC.

17. The legislative council shall be formed in no longer than 90 days from the date of establishment of the sovereignty council.

18. Pending the formation of the legislative council, the sovereignty council and the council of ministers shall perform the legislative powers in a joint meeting.

Legislations shall be referred to the sovereignty council for approval and signature.

The tabled legislation is considered effective after 15 days from tabling before the sovereignty council.

Chapter Four

The Investigation Committee

19. Following the formation of the transitional government, a national independent investigation committee shall be established to carry out precise and transparent investigation to the June 3rd, 2019 incidents and related incidents of human rights violations committed against civilians or militaries.

The committee may seek any African support if needed.

Chapter Five

Functions of the Transitional Period

20. The two parties agreed on the following functions of the transitional period:

1. Set up the policy and the program to achieve comprehensive peace in Darfur, Blue Nile and South Kordofan in consultation with the Armed Movements, in order to achieve just and comprehensive peace that put an end to war by addressing the root causes of the Sudanese problem and its effects, with due consideration to the positive discrimination for those areas.

2. The peace process referred to, shall be completed in no longer than six-month period effective signing of this agreement.

3. Addressing the economic situation and stopping the economic deterioration through implementation of urgent economic, financial and humanitarian program that addresses the current challenges.

4. Carry out a legal reform program and rebuilding and developing the justice and rights' system and ensure the independence of judiciary and the rule of law.

5. Promote the Sudanese women role in social, political and economic fields and fight all kinds of discrimination against women.

6. Promote the role of and open opportunities for youth in social, political and economic fields.

7. Establishing mechanisms to prepare for writing permanent constitution, enact laws related to the transitional period and hold a constitutional conference.

8. Set up a program for state institutions' reform during the transitional period, that reflect independency and equal opportunities.

The reform of the military institutions shall be done by the military institutions in accordance with the law.

9. Establishment of balanced foreign policy that achieves the state's interests and improving Sudan's foreign relations based on independency and mutual interests.

10. Play effective role in achieving social welfare and social development through provision of health, education, and housing services and environment protection.

11. Establish of and implement transitional justice measures and procedures.

12. Dismantling of the June 30th, 1989 regime and establishing the state of law and institutions.

Chapter Six Regional and International Support

21. The two parties invite the African Union, the Inter-Governmental Authority on Development, the United Nations, the European Union, the League of Arab States, Organization of Islamic Cooperation, permanent members of the Security Council, sisterly and friendly states, to strongly mobilize the economic, financial and humanitarian support to implement this agreement, and to support the transitional institutions to succeed in achieving its functions and duties.

22. The two parties appeal to the organizations and sisterly and friendly states mentioned above, to work with the regional and international organizations to lift the Sudan's name from the list of states sponsoring terrorism, lifting sanctions and writing off the Sudan's debts.

23. This support is subjected to the principle of the constructive partnership between the Republic of the Sudan and all partners, in the framework of the full respect to the Sudan sovereignty and none interference in the Sudan's internal affairs, regardless of who is the partner, and what type of partnership.

Signed 17 of July 2019 with the witness of the African union and the Federal Democratic Republic of Ethiopia and the partners

Signatures:

The Transitional Military Council

The declaration of Freedom and Change Forces

Witnesses

The African Union

The Federal Democratic Republic of Ethiopia

The United Nations

The European Union

League of Arab States

The United States of America