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

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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 - )
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: 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 (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 3, Chapter 5, Section 20, item 6:
Chapter Five

Functions of the Transitional Period
6. Promote the role of and open opportunities for youth in social, political and economic fields.
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: Page 3, Chapter 5, Section 20, item 5:
Chapter Five

Functions of the Transitional Period
5. Promote the Sudanese women role in social, political and economic fields and fight all kinds of discrimination against women.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Chapter 1, section 1:
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.
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): Governance→Political institutions (new or reformed)→General references
Page 3, Chapter 5, Section 20, items 8-9:
Chapter Five

Functions of the Transitional Period
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.

Page 3, Chapter 5, Section 20, item 12:
Chapter Five

Functions of the Transitional Period
12. Dismantling of the June 30th, 1989 regime and establishing the state of law and institutions.
Governance→Political institutions (new or reformed)→Temporary new institutions
Pages 1-3, Chapters 2-5:
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.
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: Governance→Constitution→Constitutional reform/making
Page 3, Chapter 5, Section 20, item 7:
Chapter Five

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

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
Pages 1-2, Chapter 2, Sections 5-12:
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.
Power sharing→Political power sharing→Proportionality in legislature
Page 1, Chapter 2, Sections 5-8:
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.

Page 2, Chapter 3, Sections 14-18:
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.
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: Page 1, Chapter 1, section 3:
3. The two parties shall abide by the principles of democracy, human rights and the good Sudanese values.

Page 3, Chapter 5, Section 20, item 12:
Chapter Five

Functions of the Transitional Period
12. Dismantling of the June 30th, 1989 regime and establishing the state of law and institutions.
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: Page 3, Chapter 5, Section 20, item 4:
Chapter Five

Functions of the Transitional Period
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.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3, Chapter 5, Section 20, item 3:
Chapter Five

Functions of the Transitional Period

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

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

Page 3, Chapter 5, Section 20, item 10:
Chapter Five

Functions of the Transitional Period
10. Play effective role in achieving social welfare and social development through provision of health, education, and housing services and environment protection.
Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 3, Chapter 5, Section 20, item 3:
Chapter Five

Functions of the Transitional Period

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

3. Addressing the economic situation and stopping the economic deterioration through implementation of urgent economic, financial and humanitarian program that addresses the current challenges.
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: Page 3, Chapter 5, Section 20, item 10:
Chapter Five

Functions of the Transitional Period
10. Play effective role in achieving social welfare and social development through provision of health, education, and housing services and environment protection.
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 3, Chapter 5, Section 20, item 8:
Chapter Five

Functions of the Transitional Period
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.
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: Page 2, Chapter 4, Section 19:
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.

Page 3, Chapter 5, Section 20, item 11:
Chapter Five

Functions of the Transitional Period
11. Establish of and implement transitional justice measures and procedures.
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: Made available by the Dabanga online news portal, at https://www.dabangasudan.org/uploads/media/5d306eb7c2ab1.pdf (last accessed on January 30, 2020)

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